HomeMy WebLinkAbout2899 Environmetally Sensitive Areas to Include Best Available Science
ORDINANCE NO. 2899
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
ADOPTING CERTAIN AMENDMENTS TO THE NARRATIVE TEXT AND
TABLES OF CHAPTER 19.05 OF THE PORT TOWNSEND MUNICIPAL CODE
(PTMC), "ENVIRONMENTALLY SENSITIVE AREAS," IN ORDER TO
INCLUDE THE BEST AVAILABLE SCIENCE AS REQUIRED UNDER RCW
36.70A.172, AND TO BE CONSISTENT WITH, AND IMPLEMENT THE GOAL
AND POLICY DIRECTION CONTAINED IN THE PORT TOWNSEND
COMPREHENSIVE PLAN; ALL IN A MANNER CONSISTENT WITH THE
REQUIREMENTS OF CHAPTER 20.04 PTMC AND THE GROWTH
MANAGEMENT ACT OF 1990, AS AMENDED (CHAPTER 36.70A RCW).
The City Council of the City of Port Townsend finds as follows:
1.
The Growth Management Act (GMA) (RCW 36.70A.130(4)) requires that the
City of Port Townsend review, and if necessary amend, its Comprehensive Plan
and Implementing Regulations at least once each seven years to ensure continued
compliance with the goals and procedural and substantive mandates ofthe
Growth Management Act (Chapter 36.70A RCW). The amendments to Chapter
19.05 PTMC, "Environmentally Sensitive Areas," which are attached hereto,
incorporated herein and labeled as "Exhibit A," represent a portion of the City's
formal response to this statutory mandate.
2.
Chapter 20.04 PTMC establishes a process for consideration of amendments to
the text and maps of the Comprehensive Plan and Implementing Regulations.
The amendments to Chapter 19.05 PTMC have been developed in conformance
with the requirements for land use code text revisions set forth in Section
20.04.090 PTMc.
3.
The Growth Management Act (GMA) required the City of Port Townsend to
designate critical areas (wetlands, areas with a critical recharging effect on
aquifers used for potable water, fish and wildlife habitat conservation areas,
frequently flooded areas, and geologically hazardous areas) and to develop and
adopt implementing regulations on or before September 1, 1991, that protected
critical areas (RCW 36.70A.060 and170 and WAC 365-195-410).
4.
Pursuant to the GMA, the City of Port Townsend adopted Ordinance No. 2319 on
October 19, 1992, which amended the Port Townsend Municipal Code by
adopting a new Chapter 19.05 PTMC, "Environmentally Sensitive Areas."
5.
The GMA was amended in 1995 (1995 c 347 @ 105) to require all jurisdictions to
include the best available science in developing policies and implementing
regulations to protect the functions and values of critical areas and to give special
consideration to conservation or protection measures necessary to preserve or
enhance anadromous fisheries (now codified as RCW 36.70A.172).
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14.
6.
In response to the 1995 GMA amendments, the State Department of Community,
Trade and Economic Development developed and adopted six new sections to the
Procedural Criteria contained in WAC 365-195-900 through 925, establishing
guidance on Best Available Science, which became effective on August 27,2000.
7.
The Procedural Criteria require local governments to utilize the best available
science in their critical area regulation updates (consistent with RCW
36.70A.172) and provides guidance for acquiring and evaluating scientific
information to determine whether this information constitutes the best available
SCIence.
8.
The GMA requires all jurisdictions to review, and if necessary, update their
critical area regulations using best available science, by December I, 2004 (RCW
36.70A.130).
9.
In compliance with RCW 36.70A.130 and 36.70A.172, the City amended the
Land Use Element of its Comprehensive Plan on December 16,2002 to include
policy language requiring the City to include the best available science in
designating and regulating to protect critical areas (see Ordinance No. 2825).
10.
The amendments to Chapter 19.05 PTMC, "Environmentally Sensitive Areas,"
(see Exhibit A, attached) addressed in this adoption ordinance ensure that Port
Townsend's Implementing Regulations are reflective of the best available science,
consistent with the requirements of both the Comprehensive Plan and the GMA.
11.
The opportunities provided for meaningful citizen participation employed in this
amendment process are consistent with the requirements of the GMA (§§
36.70A.035, 36.70A.130, and 36.70A.l40 RCW) and the procedures set forth in
Chapter 20.04 PTMc.
12.
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 ofthe 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.
13.
On September 2, 2004, and after timely and effective public notice, the Planning
Commission held an initial public workshop meeting to review the statutory
requirements, Procedural Criteria guidance, and staffs proposed approach for
incorporating best available science into Chapter 19.05 PTMC, "Environmentally
Sensitive Areas."
During the fall of 2004, the City undertook a comprehensive technical review of
Chapter 19.05 PTMC, "Environmentally Sensitive Areas," to identify aspects of
the code that were substantively deficient, and to recommend appropriate science-
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Ordinance 2H99
19.
20.
based amendments. On December 2, 2004, a Draft Technical Memorandum that
summarized the review and recommendations was made available for Planning
Commission and public review.
15.
On December 2, 2004, and after timely and effective public notice, the Planning
Commission held a second public workshop meeting to review the Draft
Technical Memorandum and recommendations, and to discuss which
recommended code revisions should be incorporated into a "bill format" draft of
proposed amendments to Chapter 19.05 PTMc.
16.
On December 9,2004, and after timely and effective public notice, the Planning
Commission continued its review of the Draft Technical Memorandum and
recommendations, and formally endorsed preparation of a "bill format" draft of
Chapter 19.05 PTMC incorporating the changes recommended in the technical
review and assessment memorandum.
17.
On January 13, 2005, DSD issued draft #1 ofthe proposed amendments to
Chapter 19.05 PTMC and began circulating the draft to public agency
representatives and private professionals to obtain critical "peer review"
comments upon the draft.
18.
Also on January 13,2005, and after timely and effective public notice, the
Planning Commission held a regular meeting during which the Commission was
provided with a brief overview of the proposed amendments and review process
and afforded an opportunity to obtain further information from staff and the
consultant.
On February 10, 2005, and after timely and effective public notice, the Planning
Commission held another regular meeting during which the Commission was
provided with an overview ofthe feedback received from the peer review group,
as well as a summary of DSD staff comments and suggestions for revisions to
administrative and procedural provisions of the code.
On February 24,2005, and after timely and effective public notice, the Planning
Commission held a work/study session on the proposed amendments to Chapter
19.05 PTMC. During the meeting, the Planning Commission:
a.
Reviewed key recommended amendments to Chapter 19.05 PTMC and
their supporting rationales;
Discussed the major themes of peer review comment received on the
initial draft;
Reviewed and discussed of recommended additional changes; and
Reviewed hypothetical "case studies" to better understand how the
proposed amended code would apply in likely development scenarios.
b.
c.
d.
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22.
23.
24.
25.
26.
At the close of the meeting, the Planning Commission directed preparation of a
"public hearing draft" of the proposed amendments to Chapter 19.05 PTMC, and
set a public hearing date for March 10,2005.
21.
On February 25,2005, DSD issued draft #2 of the proposed amendments to
Chapter 19.05 PTMC, and made the draft available to the public and agencies
prior to the public hearing scheduled for March 10,2005.
On March 10, 2005, and after timely and effective public notice, the Planning
Commission conducted an open record public hearing to accept public testimony
on the proposed amendments to Chapter 19.05 PTMC. The hearing was
continued to March 24, 2005 to allow further opportunity for submission of public
testimony.
On March 14, 2005, and after timely and effective notice, the City Council
conducted a public workshop meeting to:
a. Review Planning Commission Draft #2 of the proposed amendments to
Chapter 19.05 PTMC;
Become more familiar with the issues and concerns being then being
discussed by the Planning Commission during its review of the proposal;
Gain a thorough understanding of the key amendment recommendations
developed by the Planning Commission; and
Discuss the rationales for the proposed amendments, all in preparation for
a later public hearing.
b.
c.
d.
On March 24, 2005, and after timely and effective public notice, the Planning
Commission continued the public hearing from March 10th and accepted
additional public testimony. In order to obtain more detailed comments from
Public Works staff regarding stormwater management and the City's natural
drainage systems approach, the Planning Commission elected to again continue
the public hearing to April 14, 2005.
On April 7, 2005, DSD issued draft #3 ofthe proposed amendments to Chapter
19.05 PTMC, which incorporated a number of staff recommended revisions to the
draft based upon public testimony and comments provided by Public Works staff,
principalIy concerning the City's natural drainage systems approach to stormwater
management.
On April 14, 2005, and after timely and effective public notice, the Planning
Commission continued the hearing from March 24, and accepted additional public
and stafftestimony on the proposed amendments to Chapter 19.05 PTMC.
Following submission of public testimony, the Commission again continued the
hearing to April 28, 2005, but began deliberating upon the testimony received.
The Commission directed that a number of modifications be made to the draft
prior to the Commission's regular public meeting on April 28, 2005, but took no
formal action on the proposed amendments.
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Ordinance 2899
27.
28.
29.
30.
31.
32.
On April 21, 2005, DSD issued draft #4 of the proposed amendments to Chapter
19.05 PTMC, incorporating the revisions directed by the Planning Commission
during their preliminary deliberations conducted on April 14.
On April 28, 2005, and after timely and effective public notice, the Planning
Commission reopened the continued public hearing from April 14, and accepted
additional public and staff testimony on the proposed amendments to Chapter
19.05 PTMc. Following submission of public testimony, the Planning
Commission concluded its deliberations and adopted a recommendation for the
advice of the City Council. All audio taped and written records of the Planning
Commission's deliberations during the meetings and hearing described in the
above findings are incorporated herein by this reference.
On June 20, 2005, and after timely and effective notice, the City Council
conducted an open record public hearing to accept public testimony on the
proposed amendments to Chapter 19.05 PTMc. At the close of acceptance of
testimony, the Council continued the open record public hearing to July 5,2005,
and began initial deliberations upon the proposal.
On July 5, 2005, and after timely and effective public notice, the City Council re-
opened the public hearing for acceptance of additional public testimony. The
Council then closed the record to additional public testimony and began its final
deliberations.
The City Council finds that the amendments to Chapter 19.05 PTMC, set forth in
Exhibit "A" and attached hereto and incorporated herein by this reference, are
necessary to implement the best available science requirements of RCW
36. 70A.172, and to ensure consistency between the Natural Resource Lands &
Environmentally Sensitive Areas policies contained within the Land Use Element
of the Port Townsend Comprehensive Plan and the City's Implementing
Regulations. The City Council finds further, that to the extent that these changes
address an inconsistency between the City's Plan and Code, they also serve to
implement the requirements ofRCW 36.70A040(3) that require the adoption of
implementing regulations that are consistent with, and implement, the
Comprehensive Plan.
The City Council finds that the proposed amendments to Chapter 19.05 PTMC,
"Environmentally Sensitive Areas," are necessary to incorporate the best available
science, as required under RCW 36.70A.172. The City Council expressly finds
that the following proposed amendments are necessary to fulfill this statutory
obligation:
a.
Strengthening the definition of who may be considered a "qualified
professional" under 19.05.020(45), especially as relates to geologicalIy
hazardous area and wetland professionals;
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Ordinance 2899
33.
b.
Modifying language throughout Chapter 19.05 PTMC to appropriately
reference the Washington State Wetland Identification and Delineation
Manual, rather than the 1989 Federal Manual (e.g., 19.05.020(32));
c.
Clarifying that the applicability of the code extends to all "development"
that impacts a critical area or its buffer, regardless of whether or not an
critical area permit is specifically required (19.05.030(C));
d.
Eliminating certain exemptions and loopholes within the current code,
including:
i. The exemption for new accessory structures in critical areas and
their buffers (see 19.05.040(B)(c)); and
Narrowing the current exemption for small, isolated Category III
and IV wetlands (19.05.020(67) & 19.05.11 0(C)(2));
11.
e.
Extending the jurisdiction of the code to include areas waterward of the
ordinary high water mark (OHWM), until such time as the City's SMP is
updated (19.05.030(E));
f.
Strengthening and clarifying the "reasonable use exception" criteria
contained within 19.05.050(D)(3) to ensure that they are specifically
tailored to avoid unconstitutional takings of private property;
g.
Strengthening the substantive protection standards for Fish and Wildlife
Habitat Conservation areas (e.g., impervious surface coverage limitations
and vegetation retention standards (see 19.05.080(E)&(F));
h.
Strengthening the Geologically Hazardous Area buffer requirements to be
reflective of best available science (see 19.05.100(D)(2)(f));
1.
Using Ecology's new Washington State Wetland Ratings System for
Western Washington (2004) as the basis for categorizing wetlands (see
19.05.110(B)(3)); and
J.
Incorporating Ecology's wetland buffer alternative #3, along with
Ecology's latest compensatory mitigation requirements and ratios (see
19.05.110(E) & (F)).
The City Council expressly finds that adoption of the 2005 Stormwater
Management Manual for Western Washington (SWMM) within the
Environmentally Sensitive Areas (ESA) Ordinance is inappropriate at this time,
because it was just published in April 2005 and staff has not ad adequate time to
review it, and further, doing so would result in two separate and inconsistent city
standards (i.e., those within ESAs based on the 2005 SWMM, and those in all
other areas of the city based on the 1992 SWMM). The Council concludes that all
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Ordinance 2899
34.
35.
36.
city documents relating to stormwater management and control should be
consistent to ensure proper implementation and acceptance by the public.
The Council finds further that it is necessary and in the public's interest that the
City adopt an updated Storrnwater Management Plan, as well as updated
stormwater management standards to implement the Plan, based upon the
Department of Ecology's updated SWMM. Accordingly, the Department of
Public Works has been directed to complete an update of the City's Stormwater
Management Plan as soon as practicable, with revisions to the implementing
provisions of the Engineering Design Standards (EDS) Manual being undertaken
without delay thereafter. It is expected that the update to the Stormwater
Management Plan will be completed by the end of2005, with implementing
revisions within the EDS Manual completed in the spring of 2006.
The City Council finds that the Code amendments recommended herein have
been reviewed under the State Environmental Policy Act (SEP A) (Chapter
43.21C RCW, and chapter 197-11 WAC) and Chapter 19.04 PTMC. On March 9,
2005, the City's SEPA Responsible Official issued a detennination of non-
significance (DNS) for the amendments adopted herein, which became final on
March 25, 2005.
The City Council finds that code amendments set forth in Exhibit "A" are wholly
consistent with the Community Direction Statement contained in Chapter III of
the Plan, and the review and amendment procedures set forth in Section 20.04
PTMc.
NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the
record before the Port Townsend Planning Commission and City Council, the City
Council hereby ordains as follows:
SECTION 1: AMENDMENTS TO CHAPTER 19.05 PTMc. The
Amendments to Chapter 19.05 PTMC, "Environmentally Sensitive Areas," as set
forth in Exhibit "A," are incorporated herein, and are hereby adopted and added to
the Port Townsend Municipal Code.
SECTION 2: TRANSMITTAL TO DCTED. The City Clerk shall transmit a copy of
this Ordinance to the State Department of Community, Trade and Economic
Development (DCTED) within ten (10) days of adoption of this ordinance.
SECTION 3: EFFECTIVE DATE. This ordinance shall take effect and be in force 5
days following its publication in the manner provided by law.
SECTION 4: SEVERABILITY. In the event anyone or more of the provisions of this
ordinance shall for any reason be held to be invalid, such invalidity shall not affect or
invalidate any other provision ofthis ordinance, but this ordinance shall be construed and
enforced as if such invalid provision had not been contained therein; PROVIDED, that
7
Ordinance 2899
any provision which shall for any reason be held by reason of its extent to be invalid shall
be deemed to be in effect to the extent permitted by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this 5th day of July 2005.
(! uL.-, ~'~G 1'~ ù
Catharine Robinson, Mayor
Attest:
Approved as to Form:
a~ c-U&
Pamela Kolacy, C~ dty Cler(}-
~CY-C~
John P. Watts, City Attorney
First reading: June 20,2005
Second reading: July 5, 2005
Transmitted to DCTED: July 13, 2005
Passage: July 5, 2005
Publication: July 13, 2005
Effective: July 18, 2005
8
Ordinance 2899
EXHIBIT" A "
Amendments to Chapter 19.05 PTMC
ê::lïapter 19.'ô~.,~ôWnsend Mun_át<;ode. "Éðvìtwmnentallv Sènsitive
Areas." shà~ded,to read asifoOõwS;
Sections:
19.05.010
19.05.020
19.05.030
19.05.040
19.05.050
19.05.060
19.05.070
19.05.080
19.05.090
19.05.100
19.05.110
19.05.120
19.05.130
19.05.140
19.05.150
19.05.160
19.05.170
19.05.180
19.05.190
Chapter 19.05
ENVIRONMENT ALL Y SENSITIVE CRITICAL AREAS
Purpose.
Definitions.
General provisions - Interpretations. applicability. SEP A, shoreline
management, procedures manual. and maps.
Sensitive Critical area permit requirements - Exemptions. nonconfoUTIiQg
structures. application requirements, special reports, and adyance
determinations.
Sensitive Critical area permit administration - Pennit processing, public
notice. re.asonable use exceptions. appeals, fees. and notice to title.
Performance standards for development - MitifJ}tion. on-site and off-site.
density, minimum lot size, subdivisions. preferred construction practices,
impervious surface standards.. stormwater plans. mitigatiQn plans.
Scnsitive Critical area 1 - Aquifer recharge areas.
Sensitive Critical area 2 - Fish and wildlife habitat conservation areas.
Scnsitivc Critical area 3 - Frequently flooded areas and critical drainage
corridors.
Sensitive Critical area 4 - Geologically hazardous area~.
Sensitive Critical area 5 - Wetlands.
Violations and penalties.
Bonding and security.
Other laws and regulations.
Suspension - Revocation.
Amendments.
Severability.
Assessment relief.
Limitation of actions.
19.05.010 Purpose.
The Washington Growth Management Act (GMA), requires that environmentally
sensitivc critical areas within the city are to be protected by establishing interim
protection standards for minimizing the impact of development of properties within
cnvironmcntally sensitivc critical areas. The goal of this chapter is to protect and
10174
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
improve the City of Port Townsend's environmcntally sensitive critical areas for the
present and future generations.
Many elements of Port Townsend's natural environment are fragile resources
whieh that are sensitive to the impacts of urban development, or may pose hazards to the
community if developed. These rc90urccs are eomprised of wetlands, geological
landforms, and plant and animal life include the following areas and ecosystems:
wetlands; critical aquifer recharre areas; fish and wildlife habitat conservation areas;
fi-equently flooded areas; and geologically hazardous areas.. These resources are termed
"environmentally scnsitive critical areas," which also include their protective buffers, and
are of special concern to the city and the citizens of the state. This document addresses
only the city's environmcntally scnsitive critical areas - it has been 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. Using the ARC approach to environmentally scnsitive 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 by:
a. Minimizing or limiting the degree or magnitude of the
development and its implementation by using appropriate
technology, or by taking affirmative steps to avoid or
reduce impacts,
Reducing or eliminating the impact over time by
preservation and maintenance operations during the life of
the development activity;
Finally compensate for the impact by:
a. Rectifying the adverse impact by repairing, rehabilitating,
or restoring the affected environment,
Compensating for unavoidable impacts by replacing,
enhancing or providing substitute resources or
environments;
C. Protecting against publicly financed expenditures due to the misuse of
environmentally sensitive critical areas which cause on-site or off-site:
1. Unnecessary maintenance and replacement of public facilities,
2. Public funding of mitigation for avoidable impacts,
3. Cost for public emergency rescue and relief operations where the
causes are avoidable,
4. Degradation of the natural environment;
D. Protecting unique, fragile and valuable elements ofthe environment,
including fish and wildlife and its their habitat§;
E. Alerting appraisers, assessors, owners, potential buyers or lessees to the
development limitations of environmcntally sensitive critical areas;
b.
3.
b.
2 of74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
F. Providing city officials with sufficient information to adequately protect
environmcntally sefisitivc 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. (Ord.
2319 § 1, 1992~ Old. 2899 §1, 2005).
19.05.020 Dermitions.
For the purposes of this chapter, the following definitions shall apply:
1. "Aggregate setback" means a method of prescribing the front, rear and
side yard setbacks such that the sum of all four setbacks ffi is at least 40 feet. Aggregate
setbacks may only be used if the lot or proposed subdivision and the proposed setbacks
meet the criteria set forth in PTMC 19.05.060.
2. "Agricultural operation" means any bona fide condition, fàcilityor activity
for the production or intent of production for commercial or family use purposes of dairy,
apiary, live-stock, vegetable or animal products, and crop products including, but not
limited to, ornamental crops.
3. "Alteration" means, with respect to environmentally sensitivc critical
areas, any human-induced action wffieh that impacts the existing condition of the area.
Alteration includes, but is not limited to:
A. Grading, filling, dredging, draining, channelizing, cutting, topping;
B. Clearing, relocating or removing vegetation;
C. Paving, construction, modifying for surface water management
purposes;
D. Human activity that impacts the existing topography, vegetation,
hydrology or wildlife habitat.
Alteration does not include walking, passive recreation or similar activities.
4. "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.
5. "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.
6. "Base flood" means a general and temporary condition of partial or
complete inundation of normally dry land areas having a one percent chance of being
equaled or exceeded in any given year.
7. "Rest available science" means current scientific information used in the
proc~ss to desiMate, protect or restore critical areas that is derived from a valid scientific
process as defined by WAC 365-195-900.
::j...;.8... "Best management practices (BMPs)" means conservation practices or
systems of practices and management measures that:
A. Control Avoid or control soil loss and protect water quality from
degradation caused by nutrients, animal waste, toxins and sediment; and
B. Minimizc A void Of minimize adverse impacts to surface water and
ground water flow, and circulation patterns; and
3 of74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
C. Control Avoid or control the movement of sediment and erosion
control caused by land alteration activities; and
D. Minimizc Avoid or minimize adverse impacts to the chemical,
physical, and biological characteristics of environmentally sensitive 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 ofFish aJid Wildlife, Jefferson County
conservation district, and other professional organizations. Applicable BMPs are mav be
more fully identified in the procedures manual to be adopted by the BGI} director.
8-. 2... "Buffer" means an area on a landscape adjacent to any environmentally
3ensitive critical area which:
A. Physically isolates the environmentally sensitive critical area from
surrounding areas using distance, height, visual and/or sound barriers; ftftèIef
B. Acts to minimize risk to the public from loss oflife, well-being or
property damage resulting from natural disasters associated with the
environmentally scnsitive critical area; ftftèffif
C. Protects the functions and values of the cnvironmentally sensitive
critical area from adverse impacts of adjacent activities; and/or
D. Provides shading, input of organic debris and coarse sediments,
room for variation and changes in natural environmentally scnsitivc critical area
characteristics; ftflèIef
E. Provides habitat for wildlife; and/or
F. Provides protection from harmful intrusion.
All of these buffer functions protect the public from losses suffered when the
functions and values of environmentally sensitive critical areas are degraded.
9. "BCD" mcans the eity of Port Townsend building and community
development department.
10. "Director" shall mcan thc BCD director or his/her dcsignee-.
-I-l-.1Q.. "Building pad" means a portion of a lot which has been altered or
designated to provide an acceptable location for a structure on a short plat, subdivision, or
lot line revision or other development application. This area is determined by criteria set
forth in PTMC 19.05.060. The area must be delineated on all land use approvals or
permits.
ß 11 "Classified species" means endangered, threatened and priority species as
defined by the State Department of Fish and Wildlife.
ß 12. "Compensatory mitigation" means replacing or rectifying ftft
cnvironmentally scnsitive a critical are!! impact or buffer loss. Compensatory mitigation
can include, but is not limited to, restoration or creation of lost or impacted functional
values. Enhancement of environmentally sensitivc critical areas may be used for partial
compensatory mitigation per the requirement~ of this chapter.
-14-.11.. Critical areas. For the purposes of this chapter, "critical areas" undcr the
GMA are tcrmcd environmcntal1y scnsitive aroos. Environmentally sensitive areas
include aquifer recharge areas, fish and wildlife habitat conservation areas, frequently
flooded areas and critical drainage corridors, geologically hazardous areas, wetlands and
streams. Under the GMA, critical areas are to be classified, designated and protected. In
40174
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
designating and protecting critical areas, the city shall use the best available science,
consistent with RCW 36.70A.172.
~ 14.. "Critical drainage corridor" or "area" means an area which has been
determined (by the Port Townsend department of public works) to require more
restrictive regulation than city-wide standards afford, in order to mitigate flooding,
drainage, erosion or sedimentation problems which have resulted or will result from the
cumulative impacts of development and urbanization. A critical drainage corridor is
characterized as a year-round or intermittent naturally flowing watercourse which
exhibits but is not limited to one or more of the following characteristics:
A. A stream or watercourse fonned by nature or modified by humans;
ftftètef
B. Generally consisting of a defined channel with a bed for a
substantial portion of its length on the lot; tlftètef
C. Watercourses which exhibit the above characteristics and have
been channelized or piped; and/or
D. Perched ponds, ravines or other natural drainage features.
+6-.li "Critical facility" means a facility for which even a slight chance of being
located within a hazard area would be too great. Critical facilities include, but are not
limited to, schools, hospitals, police, fire and emergency response installations which
produce, use or store hazardous materials or hazardous waste.
ß ~ "Critical habitat" means habitat areas associated with endangered,
threatened or priority species as defined by the State Department of Wildlife. These
habitats, if altered, could reduce the likelihood that the species will maintain population
levels, survive and reproduce over the long term. Such habitat areas are documented with
reference to lists, categories, and definitions of species promulgated by the Washington
State Department of Wildlife or by and regulations adopted currently or thereafter by the
u.S. Fish and Wildlife Service.
+&-. lL "Cumulative adverse impact" is the impact on the environment which
results from the incremental impact ofthe action when added to other past, present and
reasonably foreseeable future actions regardless of what agency or person undertakes
such other actions. Cumulative impacts can result from individually minor but
collectively significant actions taking place over a period of time.
+9-.l8.... "Delineation" means a process used to locate and mark an cnvironmcntally
sCllsitive a critical area's edge or boundary in the field. Delineations are valid for a period
of three years from the date that the delineation report is accepted by the city.
~ 19... "Development" means any alteration, grading, filling, building, earth
moving, etc. as is needed to-prepare a sitc for construction, as well as any structure or
utility building operations. Preliminary mapping and survey work that is completed
using best management practices and results in insignificant disturbance of vegetation
and soil is not considered to be development activity. Development shall not include
selective pruning of trees and shrubs for safety and view protection and the removal of
noxious weeds, provided that no heavy equipment is utilized and disturbance of
vegetation and soil is insignificant.
20. "Development proposal" means a building pennit, clearing and ,gradinr.
permit, shoreline substantial development permit, rez.one, conditional use permit,
variance, lot line revision, PUD, short and lo~ subdivision, street and utility
50174
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
development permit. or any development subject to stormwater draina~e requirements
under PTMC Title 16. For the purposes of this chapter, the following alterations shall
also be considered a development proposal requiring a critical areas permit pursuant to
PTMC 19.05.040: any alteration occurrin~ in such close proximity to a critical area or
associated buffer that the director determines may adyersely impact the function and
value of the critical area. See also. "Alteration." PTMC 19.05.020(3).
21. "Development Services Department" or "DSD," means the City of Port
Townsend Development Services Department.
22. "Diameter at breast height (d.b.h.)" means a tree's trunk diameter in inches
measured 4- Y2 feet above the ground.
a, On multi-stemmed or trunked trees, where the diameter at 4Y2 feet
above wade is actually greater that at a lower point on the tree, d.b.h. shall be
measured at the narrowest diameter below 4Y2 feet. Tn such cases the hei,:d1t of the
measur~IDent should be noted.
\VL.
4,5ft
4.5ft
...
..
Illustration #la - Multi-trunked tree
y
Illustration #lb - Multi-trunked tree
b. On sloping ground, diameter shall be measured from the uphill side of
the tree.
USDAFS=:k
diameter"""""" -.
¡SA -
diar;eter ...
4.5 ft
4.: ft
?~
Illustration #?a - Tree on Slopin~ Ground
c. Leaning trees, diameter shall be measured 4 Y2 feet up the stem.in the
direction ofth.e lean.
6 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
l...IDA FS
+-- diameter
---- +--¡SA
diameter
llustration 3. ~eanmg tree
Illustration #4a - Multi-trunk tree. close to ground
d. On multi-trunked trees, where tree splits into several trunks clQse to wound
level, the diameter shall be the diameter equivalent to the sum of each individual trunk
measured according to the principals listed above.
~ 2.1. "Director" refers to the director ofthe city building and community
dcvclopment dcpartmcnt development services department and hislher designees.
~ 24. "Enhancement" means an action approved by the director and taken with
the intention and probable effect of improving the condition and function of a sensitive
critical area, such as improving environmental functions in an existing, viable, sensitivc
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 or
other functions.
23. "Environmcntally sensitive arcas (ESAs)" arc the same as critical arcas, as
defined by the Washington State Growth Management Aet. These environmentally
3ensitivc areas in Port TeWDsend arc geologically hazardous arcus, frequently flooded
areas and critical drainagc coITidofS, wetlands, aquifer- recharge areas, and fish and
wildlife- habitat conservation arcas.
25. "Endanfered species" means any species which is in danßer of extinction
thrOUMout all or a significant portion of its ran~e.
~ 2.(i "Erosion hazard area" means those areas containing soils which, according
to the USDA Soil Conservation Service, may experience severe to very severe erosion.
2-3-. 21.. "Exotic species" means plants or animals that are not native to the
Olympic Peninsula region.
26. "Federal Manual for Identifying and Delineating Wetlands (1989)" mcans a
manual which describcs technical criteria, field indicators and othcr sources of
information, and methods for identifying and-de:lineatingjurisdictional wetlands.
n 2.8.. "Fish and wildlife habitat conservation 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
70174
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
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.
2-&-. 22... "Frequently flooded areas" means lands subject to a one percent or greater
chance of flooding in any given year or are mapped as such by the Federal Emergency
Management Agency or the National Flood Insurance Program, or areas identified by the
public works department as critical drainage corridors, lakes, coastal areas and wetlands.
2-9-.10.... "Functions" means the beneficial roles served by environmentally
sensitive critical areas including, but not limited to: water quality protection and
enhancement ill 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.
3G-. 3...L "Geologically hazardous areas" are susceptible to erosion, sliding or other
potentially hazardous geological events. They pose a threat to the health and safety of
citizens when used as sites for incompatible development. Geologically hazardous areas
include erosion hazard areas, landslide hazard areas, steep slopes and seismic hazard
areas.
J-h 32.. "Hydric soils" means those soils which are saturated, flooded or ponded
long enough during the growing season to reduce oxygen conditions, thereby influencing
the growth of plants. The presence of hydric soil shall be detennined following the
criteria and methods described in the Washington State Wetland Identification and
Delineation Manual (Ecology publication # 96-94, adQpted under WAC 173-7?-080)
Federal Manual for Identifying and Delineating Jurisdictional Wctlands (1-989).
33. Hydrophytic vegetation means plant life growing in water OI soil that is at
least periodically deficient in oxygen as a result of excessive water content.
3-2-.14. "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, roads, driveways, and surfaces which substantially reduce
and alter the natural filtration characteristics of the soil.
~ 3.5.... "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.
36. "Low Impact DevelQpment Technical Guidance Manual for Pu~et Sound
(2004 r -In Manual)" means the manual developed by the Puget Sound Action Team that
describes envirQllmentally fiiendly techniques to develop land and manage stormwater
runoff.
3+. 31... "Mitigation" means an action which minimizcs the impacts by limiting thc
dcgree or magnitudc of the alteration with appropriate technology; reduces the impact of
the altcration over timc with preservation or maintenance techniqucs or compensatcs for
the impact ofthc alteration by replacing, enhancing, or providing substitutc
environmentally sensitivc arc&S. Enhanccment of cnvironmentally scnsitive MOOS may be
used for partial mitigation pcr the requiromcnts of this chapter. a process used to reduce
the severity of impacts from activities that potentially effect critical areas by the
following means:
8 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
A. Avoiding the impact altogether by not takinr a certain action or
parts of an action;
B. Minimizing impacts by limiting the dewee or mar;nitude of the
action and its implementation, by usil12 appropriate technology, or by
taking affirmative steps to avoid or reduce impacts;
C. RectifyiTW; the impact by repairing, rehabilitating, or restoring the
affected environment;
D. Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action;
F. Compensating for the impact by replacing, enhancing, or providing
substitute resources or environments; and/or
F. Monitoring the impact and taking appropriate corrective measures.
3-S-.18.... "Native vegetation" means plant species which are indigenous to the
Olympic Peninsula.
34-..3..2.. "Noxious weed" means any plant which is invasive - for example,
blackberries or nettles - and listed on the state noxious weed list in Chapter 16-750 WAC.
3=1-. 4.Q... "Off-site compensation" means to compensate for lost or degraded
cnvironmentally scnsitive critical areas by creating or restoring these areas at or adjacent
to the site on which the impacts were located.
3&-. 41. "On-site compensation" means to compensate for lost or degraded
cnvirenmentally-sCllsitive critical areas by creating or restoring these areas at or adjacent
to the site critical areas on which the impacts were located.
~ 42.. "Out-of-kind compensation" means to compensate for lost or degraded
environmcntally sensitive critical areas by creating substitute Cllvironmentally sensitive
critical areas whose characteristics do not closely approximate those destroyed or
degraded by a development activity.
4G-.11.. "Peer review" means a review of a submitted environmentally sCllsitive
critical areas report by a second practicing, licensed professional not associated with the
original submittal selected and retained by the city. The second review must verify the
adequacy of the infonnation, the adequacy of the analysis, and the completeness of the
original checklist. The cost for the peer review will be borne by the applicant.
4+-.1A. "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 environmentally scnsitive
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.
42-. 45... "Pretreatment facilities." See "Wetlands, constructed."
43-.:l6... "Procedures manual" means a document available at City Hall which that
may be prepared by the director, which outlines the process for determining whether
environmcntally sensitivc critical areas are present on a lot. It provides as well as
specific application and procedural details for pennitting, site development and other
requirements as described in this chapter.
44-.11.. "Qualified 3cnsitive critical area consultant" means a person who has the
qualifications specified below to conduct Cllvironmcntally scnsitivc critical areas studies
pursuant to this chapter, and to make recommendations for environmentally sensitive
9 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
critical area mitigation. For areas of potential geologic instability, the qualified
environmentally scnsitive critical areas consultant shall be a geologist or civil engineer
with demonstrated cxpcrience practicing geotechnical engineering an engjneering
geologist with a Washington specialty license in engineering geology as specified in
RCW 18.220, For wetlands the qualified consultant shall bc a specialist in botany,
wetland biology or soils and lor hydrology with a minimum of two years' ficld experiencc
with wetlands and in dclincating wetlands using the 1989 Pedcral Manual for preparing
wetland rcports possess, at a minimum, a Bachelor of Science or Rache1or of Arts or
equivalent degree in hydrology, soil science, botany, ecology, or related field, and have at
least two years of full-time work experience as a wetlands professional includinr.
delineating wetlands using state or federal manuals, preparing wetland reports,
conducting function assessments, and developil1f and implementing mitigation plan~.
4§-. 4.8... "Repair" means activities that restore the character, size or scope of a
project only to the previously authorized condition.
4é-. 42... "Reports and surveys" means required documents prepared by a
professional to delineate areas and make recommendations for cnvironmcntally sensitive
critical area delineations and related regulations. Examples of these reports and surveys
include, but are not limited to:
A. Site inventory and/or survey;
B. Application and site construction plan;
C. Special cnvironrncntally sensitive critical area report;
D. Site mitigation plan;
E. Stormwater control management plan.
4+-. .5..0... "Restoration" means actions to return an cnvironmentally sensitivc â
critical area to a state in which its stability, functions and values approach its unaltered
state as closely as possible.
4&-. 5.L "Retention/detention facility" means a drainage facility designed either to:
A. Retain runoff for a considerable length of time and release via
evaporation, plant transpiration, and/or infiltration into the ground; or
B. To detain runoff for a short period of time, and release to an
associated surface/stormwater system at a rate not exceeding predevelopment
(historical) flows.
49-. .52.. "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
surface faulting. Ground shaking is a primary risk, followed by slope failure. Soils on
slopes greater than 40 percent that are expected to be seasonally or perpetually saturated
pose a specific risk of settlement, movement, or liquefaction. When saturated, these soils
tend to be cohesionless and are unsuitable for foundations.
~ .5..l. "Setback" means the distance specified by these regulations between a
structure and a buffer, property line, road, etc.
.s.+-. 5..4.. "Significant vegetation" means any tree with a diameter of -l-() ,Q 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 ofWildlifè Priority Habitats and
Species Program Report.
£-. .5..i.. "Site" means the entire lot, series of lots or parccls on which a
development is located or proposed to be located, including all contiguous undeveloped
10 oI74
Exhibit A to Ordinance 2899
PTMC 19.05 ~ CRITICAL AREAS
lots or parcels under common ownership of the applicants, or the client(s) represented by
the applicant.
~ 5.6.. "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
horizontal distance x 100 = % slope
.s4-. ïL.. "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.
-s-s-. i8... "Steep slope" means any area with a combination of slopes greater than 15
percent with impermeable soils, ground water seepage, or potentially unstable slopes;
also, critical slopes over 40 percent. Critical slope is determined by measuring the
vertical rise over any 40-foot horizontal run for a specific area that results in a percentage
of 40 or more. The critical slope hazard area includes the area of land that extends for 10
feet ITom the top and toe ofthe slope.
~ 5.2.. "Stormwater Management Manual" means The Stonnwater Management
Manual foT the Puget Sound Basin (July 1992) by the Washington State Department of
Ecology the current stormwater re.quirements adopted within the Port Townsend
engineering design standards (EDS) manual, which are derived from the Stonnwater
Manar:ernent Manual for Western Washington.
*- .6.0... "Swale" means a shallow drainage conveyance facility with relatively
gentle side slopes, and generally flow depths of less than one foot.
61. "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~
§& fiL Top of Slope and Toe of Slope. Thc upper edge is dcfined as the "top of
the slope." Thc "toc of the slope" is an area 10 feet bcyond the lowcr edge of the critical
slepe-.
a. The top of slope is a distinct. topographical break in slope that
separates slopes inclined at less than forty percent (40%) from slopes forty
percent (40%) or steeper. When no distinct break exists. the top of slope is the
upper most limits of the area where the ground surface drops ten (10) feet Qr more
vertically within a horizontal distance of twenty-five (25) feet.
b. The toe of slope is a distinct topographical break in slope that
separates slopes inclined at less than forty percent (40%) ITom slopes forty
percent (40%) 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 ten (10)
feet or more vertically within a horizontal distance of twenty-five (25) feet,
~ ~ "Wetland Classification." For the purposes of general inventory, wetlands
are defined by the three criteria defined in the Washi11£Jon State Wetland Identification
and Delineation Manual (Ecology publication # 96-94, adopted under WAC 173-22-080)
F edeml Manual for Identifying and Delincating Jurisdictional Wetlands E 1989).
éG-..64 Wetlands, Constructed. "Constructed wetlands" means intentional
construction of a wetland on an area that was previously non-wetland for purposes of
11 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
wastewater or storm-water treatment, and managed as such. Examples could include
pretreatment facilities, such as stormwater retention ponds or grassy swales.
6+. 6.5.. "Wetlands 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. W etlands ~enerally 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.
However, wetlands Wetlands may include those artificial wetlands intentionally created
from nonwetland areas ercatcd to compensate for wetland impacts, including conversion
of wetlands to mitigate conversion of wetlands if pennitted by thc city (WAC 365 190
()W RCW 36.70A.030(20)).
~ .6..(i "Wetland edge" means the boundary of a wetland as delineated based on
the definitions contained in the Federal Manual for Idcntifying and Dclineating
Jurisdictional Wetlands (1989) Washin~on State Wetland Identification and Delineation
Manual (Fcology publication # 96-94. adopted under WAC 173-22-080).
67. "Wetland hydrology" means the characteristics of water movement on,
over and through a wetland system~ the science dealing with the prQperties~ distributiQl1.
and circulation of water throu,gh a wetland.
~ & Wetlands, Isolated. "Isolated wetlands" means wetlands that meet the
following criteria:
A. Are outside of and not contiguous to any 100-year floodplain of a
lake, river, or stream; and
B. Have no contiguous hydric soil or hydrophytic vegetation between
the wetland and any surface water; and
C. Have no surface water connection to lake, stream, estuary or
marine water body.
61. Wetlands, Jurisdictional. There is a slight difference between jurisdictional
and rcgulated wetlands, although in many cascs, thc terms may bc used intcrchangeo.bly.
"Jurisdictional wctlands" arc those wetlands that meet thc three-critcria dcfined in thc
Federal Manual for Identifying and Dclincating Jurisdictional Wctlands (1989) they
havc hydric soils, wctland hydrology and hydrophytie vegctation. They havc no
minimum size limitation. "Regulated wctlands" are thosc jurisdictional wetlands that
havc a minimum sizc limit.
M-..62.. Wetland Rating. The rating for a wetland is as defined in the Washington
State Wetlands Rating System For Western Washington, October 1991 (2004), (Sce the
procedures manual.)
éé-. 7.Jl. Wetlands, Regulated. "Regulated wetlands" include:
A. All Category I and.lI wetlands; and
B. All CatepoIY III and IV wetlands that are greater than 1,000 sQuare
feet in size.
B. All Catcgory II and III wetlands that are grooter than 5,000 square
feet;
120174
Exhibit A to Ordinance 2899
PTMC 19.05 ~ CRITICAL AREAS
C. All Category IV wetlands grcatcr than 10,000 squarc fect. (Ord.
2688 § 1, 1999; Ord. 2535 § 1, 1996; Ord. 2483 § 1, 1995; Ord. 2319 § 1,
1992~ Ord. 2899 § 1, 2005).
19.05.030 General provisions - Ipterpretationst applicøbility. SF,P A. shoreline
mana Zement, procedures mapual. and maps.
This section contains provisions of this chapter that pertain to all applications
thereof.
A.
B.
Greater Restrictions.
1. When any provision of any other chapter of this code conflicts
with this chapter, that chapter which provides more protection to
environmentally scnsitive 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, shall be enforced by the city
unless such easements, covenants or deed restrictions are specifically
modified by the city council.
Interpretation.
1. The provisions of this chapter shall be held to be minimum
requirements in their interpretation and application and shall be liberally
construed to serve the purposes of this chapter. The Washington State
Environmental Policy Act and the regulations of other state and federal
governmental agencies may supplement these requirements.
Development proposals Applicability.
1. This chapter applies to all development. development proposals
and alterations that are located within or adjacent to critical areas or their
buffers, or that are likely to significantly impact critical areas (re~ardless
of their location, and regardless of whether or not a critical areas permit is
specifically required for the activity under PTMC 19.05.040) wffieh
contain cnvimnmentally sensitive areas and associated buffcrs wholly or
partially on site, whether public or private, unless otherwise exempted 6f
waived by this chapter. For the purposes of this chapter, development
proposals may include any ofthe folløwing permits: a building permit,
clearing and grading permit, shorelinc substantial dcvelopment pcrmit,
rczonc, conditional usc pcnnit, variance, lot linc rcvision, PUD, short and
long subdivisions, street and utility development pennits, or any
developmcnt subject to stormwatcr drainage requirements under PTMC
Title 16.
2. The following activitics may also be considered a dcvelopment
proposal undcr this chapter.
a. Altcrntion of any critical slope. Critical slope is detcnnined
by measuring-thc vcrtical rise over any 10 foot horizontal run for a
specific area that rcsults in a percentage Of 10 or morc. The critical
slopc hazard areas ineludc the area of land that extcnds for 10
horizontal feet from the top and toe ofthe slope-.
b. Alteration of thc following mapped areas: fish and wildlifc
habitat arcus, frequently flooded areas and critical drninagc
C.
13 of74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
corridors; steep slopes, landslidc and erosion hazard areas; or
wetland/wetland buffers which involvc:
i. Any alteration in such clooc proximity to a
regulated wctland or critical drainage corridor that the BCD
director determines may adversely impact thc function and
value of thc wctland or critical drainage corridor (generally
within 150 feet of a wetland and 50 feet of a critical
drainage corridor);
ii. Alteration of 1,000 squarc feet or more; or
iii. Fill and/or cxeavation involving 50 cubic yards Of
morc of material. Quantities of fill and cxcavation arc
3eparately calculated and then added together, even if
excavated matcrial is used as fill on the some sitc.
eo Prior to an applicant's fulfilling the requirements of this
chapter, the city shall not grant any approval or permission to
conduct development or use in a 3cnsitive critical area and its
buffer.
D. State Environmental Policy Act (SEPA). This chapter establishes
minimum standards which are to be applied to specific land use and platting
actions in order to prevent further degradation of environmentally scnsitive
critical areas in the city, and is not intended to limit the application of the State
Environmental Policy Act (SEP A). Projects subject to ~EP A shall be reviewed
and may also be conditioned or denied pursuant to Chapter 19.04 PTMc.
E. Shoreline Management Act (SMA). This chapter establishes minimum
standards to be applied to specific land uses which may also be within the
jurisdiction of the city's Shoreline Master Program, and is not intended to limit
the application of the SMA. Projects watcr ~ ward of thc ordinary high water mark
(OIIWM) are subject to thc provisions ofthc s.MA but exempt from thc standards
of this chapter. The environmentally sensitivc critical area maps delineate
3cnsitive critical areas waterward of the OHWM for reference purposes only to be
used in the application of the Shoreline Master Program permit process, as well as
the application of this chapter. The information contained on the environmentally
scnsitive critical area maps is intended to be relevant and useful in the
administration of the city's Shoreline Master Program regulations.
F. Procedures Manual. The BGB director is authorized to adopt written rules
and procedures, as more which shall be fully set forth in a procedures manual, for
the purpose of carrying out the provisions of this chapter.
G. City Inventory of Environmentally Sensitivc Critical Areas.
1. ThiiY chapter shall apply to all environmentally sensitivc areas and
thcir associated buffers located within thc jurisdiction of the city.
~ L The approximate location and extent of environmentally 3cnsitive
critical areas will be displayed on various inventory maps available at the
city BCD department D.SJ2. These maps will be updated as inventories are
completed in compliance with the requirements of the Growth
Management Act.
14 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
~ 2. Maps and inventory lists are not complete and are to be considered
only as guides to the general location and extent of environmcntally
3ensitivc critical areas. Maps will be used for a preliminary determination
to suggest the presence or absence of an environmentally scnsitive ~
critical area. However, where additional properties containing features
meeting the definitions of environmentally sensitive critical areas
contained in this chapter are identified by the city, properties containing
such environmcntally sensitive 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 sensitive critical areas, the provisions ofthis chapter shall
not apply. (Ord. 2688 § 2, 1999; Ord. 2535 § 2, 1996; Ord. 2319 § 1,
1992; Ord. 2899 § I, 2005).
19.05.040 Sensitive Critical area permit requirements ~ Exemptions. uonconforminp.
structures. application requirements. spechd reports. and advance determinations.
Pursuant to this chapter, a scnsitive critical area permit is required for any
development proposal whenever any portion of the site is within an environmcntülly
sensitivc a critical area or required buffer area or whenever the director makes a finding
that a development proposal is likely to significantly impact <'t"Çritical area (regardless of
its location). If aU development and construction activitics are proposed -outside thc
environmentally scnsitive-area and arc to occur at a distance which is substantially
greater than the applicable buffers and setbacks required undcr thc pmvisions of this
chapter, the director may waive-the rcquircmcnt to obtain a scnsitivc area pennit upon a
finding that no useful purposc would be served by thc permit requiremcnt in the case at
hanà-. A single-family residence which requires a 3cnsitive critical area permit is exempt
from SEP A review.
A. Permit Required.
1. General. Unless exempt from this chapter, or unless a waiver is
granted under this chapter, no person, party, firm, corporation or public
agency shall undertake any development proposal, as defined in PTMC
19.05.030(C) 19.05.020 within fill environmentally sensitive a critical area
ftlid ill: its buffer, unless the work is in accordance with a valid permit from
the city issued pursuant to the provisions of this chapter.
B.. ~ Minor activities critical area permit§.
1. Minor critical area permits. Notwithstanding any other provision
of this chapter, the BGB director may, subject to making the findings set
forth below in his or her discrction, issue a minor E8A critical area permit,
with conditions or limitations as determined by the director. Minor critical
area permits may be granted only where the director makes the following
findil1f,s proposed activity is: (1) minor in naturc (such as utility crossings
or minimal ncw landscaping) or creatcs only temporary impacts, and will
have no off site-impacts; or (2) purely a restoration project not required for
mitigation of impacts.
15 of74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
B.
i. The proposed activity is minor in nature (such as
utility crossin.gs or minimal new landscaping) or creates
only temporary impacts, and will have no off-site impac~s;
~
ii. 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
iii. The proposed activity is a critical areas restoration
or enhancement project not otherwise required for
mitigation of project impacts; or
iv. The proposed activity involves the relocation of
electric facilities. lines, equipmel1t or appurtenances. not
including substations, with an associated voltage of 55,000
volts or less; or
v. 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 incws or less, a trench of two feet in width or less, and
a construction corridor of five feet or less.
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 also be carried
out in a manner consistent with all laws and ordinances of the city
of Port Townsend, including but not limited to Chapter 5, Clearing,
Gradillf and Erosion Contrcl of the Engjneering Design Standards
Manual which requires implementation of BMPs to control erosion
and sedimentation. Minor critical area permits shall be processed
as Type I permits and must be accompanied by the fee set forth in
Chapter 20.09 PTMC. Minor critical area permits are not subject to
the notice requirement ofPTMC 19.05.050.C 19.Q5LO50(C) of this
chapter.
Exemptions and Waivers.
1. Exemptions. The following development shall be exempted ITom
the provisions of this chapter and the administrative rules; provided
however that for subsections (2) through (13) (l)(b) through (l)(p) of this
section, the activities shall be conducted in a manner consistent with best
management practices (BMPs) and the city's engineering design
standards. Further if the BGf:) director detennines that the activity needs to
be limited or conditioned to ensure that impacts do not occur, a minor
activities critical area permit pursuant to PTMC 19.05.040(A)~ of this
chapter shall be required. Exemption from an B8-A critical area permit
does not grant approval or authorization for any work to be done in any
manner which may violate any laws or ordinances of the city of Port
Townsend.
16 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
ft-. L Actions necessary when the director determines there is an
emergency that threatens the public health, safety and welfare.
Emergency repairs to water. SI;W,er. stormwater, electric, fltttiid
petroleum gas facilities, communications facilities and telephone
utility services will not require permits nor the approval of the
director.
b-. 2.. Remodeling, reconstruction or replacement of structures
and improvements that do not meet the requirements of this
chapter; provided, that such activity does not increase the potential
impact to an cnvironmcntally sensitive a critical area or its buffer.
c. New accessory structurcs and additions to structurcs whose
dcvclopment coverage docs not cxceed an additional 250 square
feet of impervious surface in the aggrcgatc after the effectivc date
of the ordinance codified in this chapter.
à-.1. An application for a building permit for a lot within a
development for which an environmentally sensitive a critical area
study meeting the requirements of this chapter has been prepared
and accepted by the city as part of a development proposal within
thc last three years; provided, that the previous study evaluated the
type and extent of development proposed to occur on the lot~
provided further that the proposed development adheres to the
recommendations contained within the study. Other studies, such
as SEP A documents or studies, may also be accepted by the
director if thcy arc found to meet the requirements for
environmentally sCl1sitive critical areas studies.
e-. :l Existing agricultural activities. If a site has remained idle
for more than 10 years from the date of the adoption of the
ordinance codified in this chapter (Ordinance 2319. October 19,
l22ll, it is no longer considered agricultural;
f.. 5... Maintenance or reconstruction of existing opened roads and
associated storm drainage facilities which would be exempt under
WAC 197-11-800(2)(a), (b), and (c); provided, that reconstruction
does not involve significant expansion of facilities;
g-. 6... Maintenance or replacement of existing city utility lines;
provided, that replacement occurs within the same right-of-way or
easement;
h-. L Ordinary maintenance and replacement of electric, natural
gas, cable communications and telephone lines and facilities.
Substantial rebuilding of an entire line segment shall be exempted
where plans for the development are submitted to the director
along with a schedule for the work and it is verified that the work
consists only of replacement of structures already in place with
similar facilities;
i-. .8.. Routine landscape maintenance of existing landscaped
areas, including selective pruning of trees and shrubs for safety and
view protection, weeding, and planting, provided natural drainage
17 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
2.
patterns and topography are not altered. This does not include
clearing or grading in order to develop or expand such activities in
3ensitive critical areas nor alteration of areas designated for
retention as a condition of permit approval. Use of pesticides and
herbicides is discouraged.
j-. 2.. Preliminary mapping, survey work and subsurface
exploration that result in insignificant disturbance of vegetation
and soil.
k-. ill Land clearing ordered by the city council for abatement of
a public nuisance.
h lL Removal of noxious weeds as listed by the state in Chapter
16- 7 50 WAC. provided that no heavy equipment is employed.
m-.l2.. Removal of invasive species as part of a restoration project
designed to improve the quality of an ESA critical area and
conducted in a manner accepted by agencies with jurisdiction over
the 3ensitive critical area.
ft-.ll. Removal of dead or diseased trees and vegetation within 50
feet of a permitted structure provided that the applicant receives
permission from the Department of Fish and Wildlife for removal
of vegetation used for nesting and/or roosting by a priority species.
14. Development and construction activities located outside a
critical area, and which is proposed to occur at a distance which is
substantially greater than the applicable buffers and setbacks
required under the provisions of this chapter, provided that the
director finds that no useful purpose WQJJld be served by the
requirement to obtain a critical areas permit in the case at hand..
Waivers.
a. Thc BCD director, at his or her own initiative or, at thc
requcst of the property owner, upon paymcnt of the foe sct forth in
Chapter 20.09 P'FMC, may waivc the requircmcnt to obtain an
ESA permit provided the applicant can dcmonstrate the following:
i. Thc dcvclopment proposal is to bc conducted in an
isolated, self contained area whcre there is no danger to
private or public property and ncgligible impact to the
environment; or,
ii. Development regulations and other applicable laws
providc adequate assurancc that the project will be
dcvcloped consistent with this chapter such that no useful
purpose would bc sceved by the permit requirement in thc
casc at hand; er
iii. Relocation of electric facilitics, lines, equipment or
appurtenances, not including substations, with an
associated voltage of 55,000 volts or less may bc waived
whcn thc location is approved by thc director and no
practicable alternativc location cxists which will reduce
impacts on environmcntally sensitivc areas; or
18 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
iv. Relocation or installation ofnatUful gas, cablc
communication, gas and telephone facilitics, lines, pipcs,
mains, equipment or appurtcnances may be waived when
the utility involves a conduit of two inches or less, a trench
of two feet in width or less, and 11 construction corridor
width of five feet or less; thc location is approved by the
director and no practicabl0 alternative exists-which will
reduce impacts on environmcntally scnsitive arcus;
b. The director shall documcnt the waiver in thc projeet file or
project log. A waivcr from a ESA permit docs not grant approval
or authorization for any work to bc done in any manner which may
violate any laws-of ordinances of the city of Port Townsend
including but not limited to Chapter 5, Clearing, Grading and
Erosion Control ofthc enginccring-dcsign standards which-requires
implemcntation of BMPs to control erosion and sedimentation.
The waiver may limit or condition on~itc activities to ensurc that
impacts to the ESA do not occur.
C. Existing Nonconforming Structures and Improvements. Structures and
improvements in existence on the date the ordinance codified in this chapter
becomes effective and that do not meet the set-back or buffer requirements of this
chapter for any defined environmentally sCllsitive critical area shall be considered
legal nonconforming uses.
D. Application Requirements and Delineations.
1. All development proposals shall require the applicant to identify
whether the site involved contains any of the environmentally sensitivc
critical areas defined in this chapter. Where either the applicant indicates
an environmentally scnsitive a critical area is present, the area is mapped
as tlfl environmentally sensitivc a critical area, or the eity director has a
reasonable belief that an environmcntally sensitive a critical area is located
on the site, the below-listed requirements are applicable ~ to the
application. These requirements shall not apply if the applicant
conclusively demonstrates to the satisfaction of the director that
environmentally sCl1sitive critical areas or buffers are not actually located
on-site. Whenever the director determines that a site is, or is not, within tift
environmentally scnsitive a critical area, that determination shall
constitute a final decision appealable to the city council under the
provisions ofPTMC 19.05.050(G). Notice of a final decision shall be
given as provided in PTMC 19.05.050(F). A request for an advance
determination regarding the presence or absence of environmcntally
3cnsitive critical areas on any property may be made by a property owner
or person with consent of the property owner under the provisions of
subsection (D)(2) of this subsection. These requirements serve to identify
and document environmentally scnsitivc critical areas on a site. They
include technical reports and surveys, temporary field marking, and
delineating environmcntally sensitive critical areas on single lots and
subdivisions. The following is an outline of the steps required by the
190174
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
applicant in the environmentally scnsitivc 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 an environmcntally sensitive a critical area, a
member of the city DCD department DSD staff will visit the site to
establish the probable existence or absence of an environmcntally
scnsitivc a critical area.
b. Preapplication Consultation. Any person intending to apply
for an environmentally sensitive a critical areas permit is required
to meet with the DCD department I2SI2 staff during the earliest
possible stages of project planning in order to discuss impact
avoidance, minimization or compensation before large
commitments have been made to a particular project design.
c. Prepare a site inventory and survey (see reports and surveys
in thc procedures manual) 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 (see reports and surveys in
thc procedures manual) delineating environmentally sensitive
critical areas and significant vegetation (e.g., trees with a 10 inch
6-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. And in each case the plan
description maps shall show the entire parcel of land owned
by the applicant and the certified survey boundary of the
environmentally sensitive critical area on the parcel. The
certified survey boundary of wetlands will require
delineation before the site survey;
ii. A description of the vegetative cover of the
environmentally sensitivc 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 cnvironmcntally
3ensitivc critical area and its buffer; utility locations and
clearing and trenching locations should be identified along
20 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
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
cnvironmentolly sensitive critical area and its buffer at
contour intervals of five feet;
vi. Top view and typical cross-section views of the
cnvironmcntally scnsitive critical area and its buffer to ~
~ scale as required in subsection (i). above;
vii. Specific means proposed to mitigate any potential
adverse environmental impact of the applicant's proposal.
e. If an cnvironmcntaUy sensitivc a critical area is confirmed
to exist on the site, an applicant may be required to provide 6ft
cnvironmcntally sensitive a critical area special report prepared by
a qualified 3ensitivc critical area consultant. Special reports shall
identify and characterize any environmentolly sensitive critical
area as a part of the larger development proposal site, assess any
hazards to the proposed development, assess impacts of the
development proposal on any environmcntally sensitive critical
areas on, or adjacent to, or adversely affected by proposed
activities on the development proposal site, and assess the impacts
of any alteration proposed for an cnvironmcntally sensitivc critical
area.
i. Contents of special reports may differ, depending
on the type of environmentally sensitive critical areas a
specific parcel may contain. The proccdurcs manual
describes specific information rcquircments for reports for
each of thc environmentally sensitive area types.
ii. For all such areas, reports shall be determined to be
complete by the director, and (s)he may request more
information as needed in order to protect the public and
environment, and to ensure that the development is
compatible with the land.
iii. Thesc special reports shall bc prepared by qualified
3ensitivc arCll consultants in the area of conccrn (sec
proc-cdurcs manual).
tv-. iii The specific requirements of such reports shall be
identified at the preapplication consultation and may be
required to be supplemented at the discretion of the
director.
f. Waivers of Special Reports. The director may waive the
requirement for a special report if there is substantial evidence
showing that all the following are present:
21 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
i. There will be no alteration of the environmentally
sensitive critical areas or required buffer; and
ii. The proposed development will not impact the
environmentally sensitivc 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.
g. 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 cnvironmentally
3ensitivc critical area will occur as a result of the remodel
activity; except, any associated construction for additional
parking or impervious surface greater than 250 square feet
in the aggregate will require a special report.
ii. A residential building permit for a lot which was
subject to a previous special report; provided, that the
previous special report was completed within three years of
the current proposal, and adequately identified the impacts
associated with the current development proposal. A new
report may be waived if the existing report appears to
adequately represent and address current site conditions.
ffi-. The director shall make such field investigations as are
necessary to determine if the criteria for an exception are satisfied.
h. Field marking is required for all development proposals.
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,
environmentally sensitive critical area(s) boundaries, the
outer extent of required sct backs critical area buffers, areas
to remain undisturbed, and trees and vegetation to be
removed;
ii. Obtain kdirector's approval on the field markings
before beginning any permitted activities. Field markings
are intended to prevent disturbance of critical areas and
buffers and may include such items as temporary fences.
Detailed requirements are-te mID'; be specified in the
procedures manual prepared by the BCD department D.SJ2;
iii. Maintain the field markings for envimnmentally
3cnsitivc critical area(s) and areas to remain undisturbed
throughout the duration of the permit.
i. 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
22 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
details and methods of construction. Subcontractors such as
those conducting grading or excavation work may also be
required to attend the meeting. City staff should encourage
the applicant to allow attendance by interested citizcns
whenever possible Applicants are encQuraged~lmt 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 cnvironmcntally scnsitive critical area
section is reviewed and approved by the director.
j. For cnvironmentally scnsitivc critical areas, development
proposals which contain only aquifer recharge areas, frequently
flooded areas or seismic hazard areas, the director may waive
compliance with the application requirements and delineations
requirements of this section and compliance with the perfonnance
standards for development contained in PTMC 19.05.060. The
director must be satisfied that the performance standards provided
for in the individual environmentally sensitive 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.
2. Advance Detennination. A property owner or person with consent
of the property owners may request an advance determination regarding
the presence or absence of environmentally sensitive critical areas on a
particular parcel outside of the normal permitting process. A request may
be made upon payment to the building and community development
department of the initial filing fee. The advance determination shall be
based upon existing conditions at a particular site and shall be binding
only as long as conditions on the property do not change to include
features which meet the definition of environmentally scnsitivc critical
areas. Should the director be unable to make a conclusive determination
from a site visit and review of available information, the applicant may be
requested to provide, at the applicant's expense, additional infonnation,
reports or studies similar to those identified in subdivision 1 to allow a
conclusive determination to be made. (Ord. 2688 § 3, 1999; Ord. 2535 § 3,
1996; Ord. 2319 § 1, 1992; Ord. 2899 § 1, 2005).
19.05.050 Sensitive Critical area permit administration - Permit processiu~, public
notice, reasonable use exceptions. appeals, fees, and notice to title.
This section contains the procedures that the city will use in processing a 3cnsitive
critical area permit, as supplemented by Chapter 20.01 PTMc. This process includes a
reasonable use section wffieh 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 Environmcntally Scnsitive Critical Areas Permits and Report.
23 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
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 cnvironmentally
sensitive critical areas and evaluate the special environmentally
3cnsitivc critical areas report;
b. Determine whether the development proposal is consistent
with the performance standards contained in this chapter;
c. Determine whether any proposed alterations to
environmentally scnsitive 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 whieft that demonstrate that
any development proposal submitted conforms to the purposes, standards
and protection mechanisms of this chapter; and, if required, provide
additional information with a special environmentally scnsitivc critical
areas report. The director may request peer review of any documents or
reports at the expense of the applicant where the director deems it to be
reasonably necessary to ffisttre ensure the accuracy, effectiveness or
objectivity of any ofthe documents, reports or measures proposed within
them. A written determination from the director requiring peer review
shall include the following information:
a. A statement giving the reason(s) peer review is necessary
requested (e.g., possible errors of fact or law, PQssible error in
judgment, possible lack of objectivity, or the existence of
additional or new information or ncw 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.);
d. The director may also consult with other agencies,
requesting information on the proposal's impacts, and review of a
special report's contents whieft that lie within the other agency's
jurisdiction or expertise.
3. The director may approve with conditions, or deny, any
development proposal in order to comply with the requirements and carry
out the purposes, objectives and requirements of this chapter.
4. If it is determined that adverse environmcntally scnsitivc critical
area impacts will be authorized to provide for reasonable use of a
property, then the applicant shall submit the design of a detailed site
mitigation plan per the standards ofPTMC 19.05.060(A D)(1{i).
240174
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
5. The director shall review the proposed site mitigation plan to
determine acceptance/denial of the proposed compensation. The director
may request peer review of the proposal at the expense of the applicant.
6. Approval of a development proposal pursuant to the provisions of
this chapter does not discharge the obligation of the applicant to comply
with the provisions of this chapter.
Permit Processing.
1. The director shall consolidate the processing of related aspects and
permits from other regulatory programs which affect activities in
environmentally sensitivc critical areas, such as SEP A, shorelines,
subdivision, etc., with the environmentally sensitive 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. Thc director shall mail a determination of completencss to the
applicant within 28 calendar days of rccciving a permit application, stating
eithef' that the application is complete or is incomplete and what is
necessary to make it complete, as further set forth in PTMC 20.01.11O(A)
through (G). An application shall not bc deemed completc until and unless
all information ncccssary to evaluate the proposed development activity,
its impacts, and its compliance with the provisions of this chapter have
been provided to the satisfaction ofthe director. The incomplete
application proeedure shall be governed by PTMC 20.01.11 O( C). ^
dctennination of completcncss shall not be construed as an approval or
denial ofthc pcrmit application.
3-. 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 BCD department DSll
upon issuance of the permit.
4-.1.. An extension of an original permit may be granted upon written
request to the director by the original permit holder or the ~ successor in
title. An extension shall be granted only where the proposal remains
consistent with all land use and development ordinances of the city in
force at the time of the extension.
.§.-.. 4.. Prior to the granting of an extension, the director may require updated
reports and/or additional hearings if, in his/her judgment, the original
intent or the circumstances relevant to the review and issuance ofthe
original permit have changed substantially, or if the applicant failed to
abide by the terms of the original permit.
C. Public Notice of Application and Comment Period. Public notice of an
application for an cnvironmcntaUy sensitivc a critical area permit shall be
provided in the following manner:
1. Notice of an application shall be published and posted as set forth
in PTMC 20.01.150 and 20.01.160.
2. In addition to the notice of application requirements set forth in
PTMC 20.01.150 and 20.01.160, notice Notiee shall be mailed to all
property owners of record within 300 feet of the boundaries of the
B.
25 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
D.
development site. The applicant shall provide the list of property owner( s)
of record to BGB .I2S..I2. The records of the Jefferson County assessor's
office or an adjacent property ownership list prepared by a licensed title
company shall be used for determining property owner(s) of record.
Addresses for a mailed notice required by this section shall be obtained
from the county's real property tax records. The director shall issue a
sworn certificate affirming mailing of notice to all persons entitled to
notice under this section. All public notices shall be deemed to have been
provided or received on the date the notice is deposited in the mail or
personally delivered, whichever occurs first.
3. A public comment period of 20 calendar days shall be provided for
each application. All public comments must be reccived by the BCD
dcpnrtmcnt by '1 :00 p.m. on the last day of thc 20 calendar-day comment
period. Comments may bc mailed, personally delivered {)r sent by
facsimile. Comments should be as specific as poS9ible. Thc director may
require additional notification and comment periods where thc propooal is
significantly modified by the applicant.
Environmentally Sensitivc Arcas Reasonable Usc Exception Modification
of Critical Areas Development Standards - Reasonable Use Fxceptions.
I. An applicant for a city permit to develop or use real property
which is located in WI cnvironmentally scnsitivc a critical area may apply
to the director for modification of environmentally sensitive critical area
development standards (Le., a reasonable use exception). Applications for
modification of critical area development standards shall be processed as
Type II permits as set forth in Chapter 20.01 PTMC.
2. An applicant requesting modification shall provide the director
with the following information:
a. Technical studies and other data that describe the possible
injurious effects of the proposed development on occupiers of the
land, on other properties, on public resources, and on the
environment. Possible injurious effects must be described even
when the injurious effect will become significant only in
combination with similar effects from other developments; and
b. An explanation with supporting evidence of how and why
compliance with the unmodified environmcntally sensitivc critical
areas development standards would not pennit reasonable use of
the property.
3. The director may modify WI environmentally scnsitive areas
developmcnt standard whcn WI applicant dcmonstrntes to thc director's
satisfaction that strict application of the dcvelopment standards would be
unrcasonable and that dcvelopmcnt undcrtaken pursuant to thc modified
standards would not muse significant injury to occupiers of the land, to
othcr properties, and to public resourccs, or to the envimnment. lli
director may approve a reasonable use exception and modify a critical
areas development stand.ard only when all of the following findings can be
made:
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Exhibit A to Ordinance 2899
PTMC 19.05 - CRlTlCALAREAS
E.
The application of this Chapter would deny all reasonable use of
the property;
No other reasonable use of the property has less impact on the
critical area;
The proposed impact to the critical area is the minimum necessary
to allQwj'or reasonable use of the property;
The inability of the applicant to derive reasonable use ofthe
property is not the result of actions by the applicant after the
effective date of this Chapter or its predecessor;
The proposal does not pose an unreasonable threat to the public
health, safety, or welfare on or off the development proposal site;
To the extent feasible while still allowitlg for reasonable use ofthe
property, the proposal has been mitigated to ayoid.Jeduce. or
compensate for loss of critical area functions and values consistent
with the best available science; and
The tJroþosal is consistent with other applicable remIlations and
standards.
4. An cnvironmcntally scnsitive 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 givcn dcfcrcnce accorded substantial weirht, and the
burden of proof of justifying the environmentally sensitive critical areas
exception shall be on the applicant.
Minimizing Scnsitivc Arca Impact.
1. After it has been determined by thc director that negative impacts
to environmentally sensitive arcas arc necessary and unavoidable, thc
applicant -shall takc dclibcratc measures to minimizc thc impacts.
2. Suelrmcnsures shall include, but arc not necessarily limited to:
a. Limiting the dcgrec or magnitude ofthc dcvclopmcnt
activity;
b. Limiting thc implementation ofthc dcvclopment activity;
c. Using appropriatc and best managcmcnt practiccs;
d. Taking affirmative- steps to avoid or reducc impacts;
c. Scnsitivc sitc dcsign and siting of facilitics and construction
3taging areas away fiom environmentally 9cnsitivc critical areas
and their buffers;
a.
b.
c.
d.
e.
f.
g.
27 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
f. Involving rcsource- agencies carly in site planning to obtain
technicaladvicc; and
g. Providing protcctivc measures such as, but not limited to,
siltation curtains, hay bales and other siltation and eresion pre-
vcntion measures, scheduling thc development activity to avoid
intcrfcrcncc with wildlife and fishcries rearing, rcsíÎng, nesting or
spawning activitics.
F. Notice of Final Decisions. Notice of a final decision on any sensitive
critical area development permit or reasonable use exception shall be mailed by
the director to the applicant and to any individual who has filed a written
comment on the application with a return address identified on the comment.
Final decisions shall also include final determinations ofthe director regarding the
presence or absence of environmentally scnsitivc critical areas. Notice of final
decisions regarding an advance determination, or within the context of a permit
application, of a decision regarding the presence or absence of environmentally
sensitive critical areas shall be provided by mail to the permit applicant and by
mail to any person filing an individually written comment or requesting
notification of such decisions from the director on a specific application.
G. Appeals and Stay During Pendency of Appeals.
1. Any person rccciving entitled to receive notice under Chapter
20.01 PTMC of a final decision of the director on a scnsitive critical area
development permit or reasonable use exception, or on an advance
determination that a site is, or is not, within arrenvironmcntnlly sensitive !!
critical area, may appeal such final decision by following the appeal
procedure for Type II permits outlined in Chapter 20.01 PTMC. Any
appeal of a final decision involving determination of the presence or
absence of environmcntally sensitive critical areas must be filed within 14
calendar days after the notice of the decision, or within 21 calendar days if
a SEP A determination of nonsignificance is issued concurrently as part of
the permit decision, as further set forth in PTMC 20.01.210.
2. Construction under any permit issued by the city shall be stayed
until the expiration of any appeal period or the final resolution by the city
of any approval anneal which has been filed under this chapter.
Fees.
1. Fees shall be as set forth in Chapter 20.09 PTMC.
Hold Harmless Agreement.
1. The owner of a property containing environmentally sensitive
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 assessor prior to the issuance of any permit or preliminary
approval of a short plat or subdivision. Said agreement shall be in a form
approved by the city attorney, shall hold harmless and indemnify the city
and its employees from and against any liability for damages to persons or
property as the result of construction or other action undertaken by the
applicant on the subject property, and shall run with the land for a period
H.
L
28 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
J.
of at least three years from completion of the work and be binding on the
applicant and his/her successors and assigns.
Record Notice of Presence ofScnsitive Critical Area.
1. The owner of any property with a field verified presence of
scnsitivc critical areas or their associated buffer~ pursuant to this chapter
on which a development proposal is submitted and acted upon shall record
a notice of presence of 3ensitive critical areas with the Jefferson County
auditor in a form approved by the city attorney. Such notices shall provide
notice in the public record ofthe presence of a scnsitivc critical area or its
buffer, the application of this chapter to the property, and that limitations
on actions in or affecting such sensitive critical areas and their buffers may
exist. The notice shall be notarized and shall be recorded prior to approval
of any development proposal for such sites.
2. The notice shall run with the land. The applicant shall submit proof
that the notice 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. (Ord. 2535 § 4, 1996; Ord. 2319 § 1,
1992; Ord. 2899 § 1, 2005).
19.05.060 Performance standards for development - Miti2;ltion, on-site and off.site,
densityt minimum lot sÏ7.e, subdivisiQPs, preferred construction practices,
intpervious surface standards, stormwater plans, mitíP.ation plans.
A. Avoiding impacts tQ critical areas.
1. An applicant for a deyelopment proposal or alteration, shall apply
the following sequential measures, which appear in order of priority, to
avoid impacts to critical areas and critical area buffers:
a. Avoiding the impact or hazard by not taking a certain
action:
b. MinimiziTlf the impact or hazard by:
i. Limiting the degree or maEJ1itude of the action with
appropriate technology; or
ii. Taking affirmative steps. such as proiect redesirJI.
relocation or timing;
c. Rectifying the impact to critical areas by repairillf..
rehabilitating or restorin~ the affected critical area or its buffer;
d. Minimizing or elimin.atin2 the hazard by restoring or
stabi1izin~ the hazard area throufß engineered or other methods;
e. Reducillf Of eliminating the impact or hl'lzl'lrd over time by
preservation or maintenance operations durin~ the life ofthe
development proposal Of a1teration~
f. Compensating for the adverse impact by enhancing critical
areas and their buffers or creating substitute critical areas and their
buffers; and
g. Monitoring the impactt- hazard or success of required
miti~ation and taking remedial action.
29 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
c.
B.
2. The specific miti2;ation requirements of this chapter for each
critical area apply when compensation for adverse impacts is required by
the sequence in subsection 1 of this subsection A.
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 perfonnance of any required miti~ation.
2. The department .shall not approve a development proposal until
miti~ation and monitoring plans are in place to mitigate for alterations to
critical areas and buffers.
3. Whenever mitigation is required, an applicant shall submit a
critical area report that includes:
a. Au analysis of potential impacts~
b. A site mitigation plan, as further described under
subsection D(6) of this section. that meets the specific mitÜ~ation
requirements in this chapter for each critical area impacted; and
c. A monitoring plan that includes:
1. A demonstration of cQmpliance with this chapter;
ii. A contingency plan in the event of aiailure of
mitigation or of unforeseen impacts if: 1) the department
determines that failure of the mitigation would result in a
significant impact on the critical area or buffer; or 2) the
mitigation involves the creation of a wetland; and
iii. A monitoriqg schedule that may extend throUf)l.Out
the impact of the activity or, for hazard areas, for as long as
the hazard exists.
4. Mitigation shall not be implemented until after the department
approves the Bite mitigation and monitoring plan. The applicantshall
notify the department when roitmation is installed and monitorinr is
co1J1menced and shall provide the City with reasonable access to the
mitigation for the purpose of insvections durinr any monitoring period.
5. Ifmonjtoring reveals a sigTIificant 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 includill2 a monitoring plan and
financial guarantee requirements.
Off-site mitigation.
1. To the maximum extent practical, an applicant shall mitigate
adverse iI11Pacts to a wetland or fish and wildlife habitat conservation area
on or contiruous to the development site. The department may approve
mitigation that is off the development site if an applicant demonstrates
that:
30 of74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
a. It is not practical to mitÜ~ate on or conti~ous to the
development proposal site; 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 authori¡ed. the department shall give
priority to locations within the same drainage sub-basin as the
development proposal site that meet the following:
a. Mitiga.tion banldng sites and resource mitigation reserves
as may be authorized by th~ city;
b. Private mitir.ation sites that are established in compliance
with the requirements of this chapter and approved by the
department; and
c. Public mitigation sites that have been ranked in a process
that has been supported by ecological assessments. includiIlf
w..etland and aquatic areas established as priorities for mitigation in
city basin plans or other watershed plans.
3. Tl1e department may require documentation that the mitigation site
has been permanently preserved ITom 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 cit~ 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 aites available for use for
off-site mitigation projects.
5. The department may develop a proV"am to allow the payment of a
fee in lieu of providiIlf miti2ation on a development site. The program
should address:
a. When the payment of a fee is allowed considering the
availability of a site in reo graphic proximity 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 ecolovcal criteria through one
or more programs that have included a public process.
IT-. 12. The performance standards below apply to any development and to all
short plats, sub-divisions and lot line revisions proposed for sites wholly or
partially within within confirmed environmentally sensitive critical areas or their
buffers in Port Townsend. These standards are general development practices to
minimize problems related to water quality, storm water and erosion control, and
the placement and construction of development in the city's environmcntally
3ensitivc critical areas. In addition to the following general performance
standards, if a site contains an environmentally sensitive- a critiçal area or its
buffer, such as a steep slope or a wetland, the applicable set(s) of regulations
outlined in the following sections of this chapter shall also apply. The procedures
310174
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
manual for Port Townscnd's environmentally scnsitivc arcus shall providc more
3pecific and detailed infonnation on identifying and protecting thcsc areas.
1. Minimum Lot Arca Maximum Density.
a. For the purpose of this chapter, minimum lot arCfi
maximum density in confirmed cnvironmentally sensitivc critical
areas shall be 9,900 square feet 1 dwellin~ unit per each 10.000
square feet of site area, with the exception of those lets sites
containing only aquifer recharge areas, frequently flooded areas or
seismic hazard areas. The minimum lot arca for lots maximum
density for sites containing only aquifer recharge areas, frequently
flooded areas or seismic hazard areas shall be as specified in the
zoning ordinance.
b. "bet Site area" means the total horizontal area within the
boundary lines of a let site, as that tenn is defined in PTMC
19.05.020. Where utility or private access easements are located
within a parccl upon a site, let site area computation shall include
that area contained within the easement. Where public street rights-
of-way are located within or bordering a parcel, lot site. site area
computation shall not include that area contained within such
rights-of-way.
c. The design, shape, size and orientation of lots shall be
appropriate to the use for which the lots are intended and the
character of the area in which they are located. Lot arcus in cxcess
of 9,900 squarc feet Densities less than 1 dwelling unit per 10,000
square feet may be required for reason of steep slopes, slide
hazards, poor drainage, flood hazards, wetland buffers, or to
reduce habitat impacts, or other unique conditions or features
which warrant protection of the public interest.
d. Parcels in single ownership with an area less than 9;9{)(}
10.000 square feet which are in existence on the date the ordinance
orifjnally codified in this chapter (Ordinance 2319, October 19,
~ becomcs became effective shall be considered legal
nonconforming lots. Development on these parcels shall confonn
to the procedures and development standards of this chapter.
Development of these parcels may be conditioned to avoid impacts
to environmentally sensitive critical areas. Such parcels in single
ownership which contain more than one platted lot shall be
considered a single parcel for purposes of this chapter. A parcel is
defined as any tax parcel in existence at date of adoption of the
ordinance codified in this chapter.
e. Vacant platted lots which are held in the same ownership as
a platted lot or lots containing an existing dwelling or commercial
structure are excepted from the 9,900 square foot lot arCfi
rcquircmcnt maximum density requirements oftbis section as long
as no parcel is created which does not meet the lot area or
dimensional requirements of the zoning ordinance.
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Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
f. Any parcel less than 9;900 10.000 square feet in lot area
which is subject to a pending purchase and sale agreement at the
time of adoption of the ordinance codified in this chapter, which is
actually consummated, shall be excepted from the 9,900 square
foot minimum lot area requirement maximum density requirements
of this section.
Sitc Dcvclopment.
{to Sctback exception. Aggregate setbacks totaling 10 feet arc
pcrmitted for development proposals for single lots, subdivisions,
and short plats if:
i. Thc total environmcntally sensitivc arcas on a lot
exceed 50 percent of the minimum lot size required for that
sitc; and
ii. No sctback is less than fivc feet cxcept for a front
yard setback or any set~back from a street right of way,
which cannot bc less than 10 feet; and 20 feet from an
nrtcrial; and
iii. Significant vcgctation is prc-scrved; and
iv. The applicant demonstratcs to thc director that thc
usc of aggregate setbacks will not: (A) Bc matcriaUy
detrimental to the public welfare or injurious to adjacent
propcrty or improvements; and (B) Adversely alter
neighborhood character or thc appropriatc usc or
development of adjacent property; and (C) Conflict with
thc gcneral purposcs and objectivcs of the Comprchcnsive
Plan-.
b. Thc city will mail notification ofthe proposed setback
cxccption to all adjaecnt-propcrty owners within 200 feet of the
sitc and will poot notification on tho-site coosistent with the
provisions ofPTMC 19.05.050C at thc timc of application.
c. Aggrcgatc setbacks may be used for new short plats,
subdivision, and lot linc revisions, provided thc critcria outlined
above are satisfied and thc approved setbacks are recorded on final
documents.
3-. 2 Construction - Preferred Practices. The following preferred
construction practices shall be incorporated into the design of proposed
environmcntally scnsitive critical area development where reasonable and
feasible:
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 feasible;
c. Use retaining walls that maintain existing natural slopes in
place of graded artificial slopes;
2.
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Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
4-.~
Pad.
3-. 4.
d. Provide for necessary emergency vehicle access as
approved by the director;
e. Building pads and disturbed areas should be located outside of
sensitivc critical areas and buffer boundaries.
New Short Plats, Bindin~ Site Plans~ and Subdivisions - Building
a. The following requirements pertain to short plats,
subdivisions, PUDs, binding site plans, and lot line revisions only.
The applicant shall provide at least one suitable area outside of
scnsitivc critical area and buffer boundaries to place a structure(s)
on each lot of a subdivision or short plat. All buildings proposed
in a binding site plan shall be designed to be outside of critical
areas and their buffer boundaries. These requirements may be
waived only by the director.
i. Identify for each lot a building pad equal to 2,160
square feet or 30 percent of the minimum lot size required
by the zone in which a subdivision is proposed, whichever
is less;
ii. Determine the location of a building pad by
considering vegetation, topography, cnvironmcntally
3eDsitivc critical areas, and the relationship of the proposed
building pad to existing/proposed homes. Building pads
should be located outside of scnsitivc critical area and
buffer boundaries.
111. Identify approved building pads and
cnvironmentally sensitive critical areas on final mylars.
iv. If insufficient land area exists outside of critical
areas and their buffers for all building sites, the proposed
short plat, subdivision, or binding site plan may be required
to develop at less than the maximum permissible density in
order to avoid ne2;ative impacts to critical areas.
Site Coverage - Impervious Surface Limits for Lots.
a. The maximum total percentage of a lot area that can be
covered by impervious surfaces (including parking areas) is limited
by the slope of the lot for all detached single-family developments
as follows:
Lot Slope Lot Coverage
Less than 15% 30%
15 - 30% 25%
Greater than 30% 20%
b. The director may grant a waiver, limited to the maximum
lot coverage requirements allowed under Chapter 17.20 PTMC
Title 17 PTMC if the proposal minimizes impacts to
environmentally sensitive critical areas and meets one of the
following criteria:
34 of74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
é-.i.
i. The proposal uses preferred practices, outlined in
subsection A.3 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 cnvironmcntally sensitive critical areas or
impervious surfaces limitation areas overlap, the most stringent
impervious surface, vegetation and/or undisturbed area
requirements apply.
Storm water and Erosion Control.
a. Stormwater Control Management Plan. If the director
determines that runoff or erosion from a proposed development
poses a significant risk to downstream receiving property - based
on the size of the project or the proximity to or sensitivity of the
receiving property - the applicant shall prepare a stormwater
eontrol management plan (see reports and survcys in thc
procedures manual) te that demonstrate§ that the proposed
development will not aggravate an existing problem or create a
new problem. Stormwater management plans shall be consistent
with the standards contained within the city's FDS manual.
i. The stormwater control management plan must be
developed on a site-specific basis and must contain a
technical report that identifies existing or predicted
problems and sets forth solutions to each. Off-site measures
may be required to correct existing on-site problems or to
prevent new problems from occurring. Surface water
discharge from the site shall not be greater than historic or
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 stormwater
Management Manual best management practices standards for
situation/filtration devices to control surface runoff during
construction, as set forth in the city's EDS manual.
i. Applicants shall indicate erosion control measures
on the site construction plan or stormwater control
management plan (scc reports and survcys in the
procedures manual), as appropriate for the project.
ii. These requirements shall be in place following the
preconstruction meeting outlined in PTMC 19.05.010D.1.i
19.05.040(D)(l){i) and shall be reviewed and approved
prior to clearing and grading.
c. Applicants are also encouraf,f;d to consult the
recommendations set forth in Chapter 5 of the Low Impact
35 of74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
Development Techt1ical Guidance Manual for the Puget Sound
(2004) for guidance concerning the proœction of native soils and
vegetation, and retention ofhydrologjc function. during clearing
and grading for development proposals.
+-..6.. Alterations and Disturbance.
a. A site mitigation plan (sce thc proccdurcs manual) shall be
required by the director as an additional report submitted prior to
final inspection if environmentally sensitive 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 intent of the site mitigation plan is to:
i. Detail measures which 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 storrnwater control and management plan (see the
procedures mlll1ual), which restore surface and ground
water filtration characteristics to predisturbed conditions;
iii. Retain characteristics compatible with the natural
neighborhood environment.
Protection of Vegetation.
i. Areas of previously undisturbed natural vegetation
in an environmentally sensitivc critical area that have been
damaged by human activity must be replaced with
compatible species in accordance with a city-approved site
mitigation plan (sce reports and survcys in the procedures
manual). Native vegetation shall be given preference fsee
recommended vegetation list in procedures manual).
ii. Areas infested with noxious weeds may be
replanted if recommended and documented in the approved
site mitigation plan and approved by the director.
Monitoring Mcasurcs.
i. To protect environmentally sensitive critical areas
city determined maintenance, mitigation, and/or monitoring
measures may be required prior. durin~, and after to
devclopment.
ii. Where monitoring reveals a significant dcviation
ITom predicted impacts or a failure of protection measurcs,
thc applicant will be responsible for appropriatc corrective
action which, when approved, will be subject to further
monitoring. (Ord. 2319 § 1, 1992; Ord. 2899 §1, 2005).
c.
d.
19.05.070 Sensitive 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
36 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
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 (see thc procedurcs manual). In order to protect the public
health and safety, prevent degradation of ground water now, and for potentially
usable potable water, and to provide for regulations that prevent and control risks
to the degradation of ground water quality and quantity, development in aquifer
recharge areas shall be subject to the standards described in this section.
B. Classification.
1. Aquifer recharge areas are those lands in Port Townsend which
have an aquifer of potential 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 formation are
less susceptible to surface influences and pollution.
3. Aquifers underlying areas that are currently developed or
industrialized are more vulnerable to pollution than aquifers in
undeveloped areas. Combining aquifer susceptibility indexes with
vulnerability indexes allows identification ofthose 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. Any development not connected to sanitary sewers that which is
located in a 3cnsitive critical aquifer recharge area. On-site sewage
treatment shall be prohibited in scnsitivc critical aquifer recharge areas
unless a site cannot be connected to the city sewer system. In cases where
connection to the city sewer system is not possible on sitc scwagc
trcatmcnt is allowed, additional requirements to condition on-site sewage
treatment to prevent pollution of ground water may be required-6f
development may be denied where mitigation cannot bc achieved. In
instances where on-site sewage treatment cannot be mitigated to prevent
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Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
groundwater contamination, the development permit application shall be
denied.
2. The following land uses shall require a hydrogeologic assessment
of the proposed site:
a. Hazardous substance processing or handling;
b. Hazardous waste treatment and storage facilities;
co Underground storage of petroleum products;
d. Landfills, junkyards, auto wrecking yards;
e. Golf courses;
f. Agriculturalactivities; and
-f-. g. Other uses or activities determined by the health
department whieh that may be likely to pose a threat to the aquifer.
D. Performance Standards for Development. All regulated development, as
identified in this section, shall be designed and constructed subject to the
following standards:
1. Underground h~zardous 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 or
threatened release of any stored substance; and
c. Use material in the construction or lining of the tank whieh
that is compatible with the substance to be stored.
Above ground h~zardous substance and/or petroleum storage tanks
2.
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. Propane and heating oil
tanks are exempt from secondary containment system
requirements;
d. Be consistent with the Department of Ecology's standards
for construction and installation.
3. Stormwater runoff will be controlled and treated using BMPs and
facility design standards as defined in PTMC Title 16.
4. Agricultural and landscaping activities, specifically use of
fertilizers, herbicides and pesticides in highly susceptible areas, shall be
controlled through state Water Quality Standards.
380174
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
5. Applicants shall also consider the guidance set forth in Chapter 5
ofthe Low Impact Development Technical Guidance Manual for the
Puget Sound (2004) for recommendations concerning the protection of
native soils and vegetation, and retention of hydrologic function, during
clearing and grading for development proposals.
Mitigation or Compensation.
1. 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
predisturbance conditions. Additional compensation shall be required in
the form of fines, provision of drinking water for areas dependent on the
degraded aquifer, or alternative environmental restoration.
F. Special Report Required. A geohydrological report may be required in
those areas identified as highly susceptible or vulnerable. (Ord. 2319 § 1, 1992~
Ord. 2899 § 1, 2005).
E.
19.05.080 Sensitive Criti~al area 2 - Fish and wildlife habitat conservation areas.
A. Purpose. The Washington State Department of Wildlife is in thc process of
defining, identifYing and mapping defines, identifies and maps priority habitat and
species and preparing prepares management recommendations for them. Priority
habitat types found in urban growth areas like Port Townsend include wetlands,
critical drainage corridors, marine bluffs and urban natural open space. Some of
these areas, especially wetlands and critical drainage corridors, provide excellent
animal and bird habitat areas. This section outlines techniques for the city to use
in evaluating land uses and protecting habitat areas which may be adversely
impacted by these uses tsec the procedures manual). These regulations are
intended to provide reasonable measures to protect and conserve the habitat of
certain fish and wildlife species and thereby maintain or increase their populations
within Port Townsend. Habitat conservation will be accomplished by actively
managing to maintain these species in their preferred habitats. However, habitat
conservation does not require that all individuals of all species fife he protected.
B. Classification. The following areas are defined as fish and wildlife habitat
conservation areas and are identified under this chapter:
1. Lands and waters containing documented habitats for plant and
animal species listed in the Washington Department ofFish and Wildlife's
Priority Habitats and Species Program Report. Species Habitats and
sDecies of local significance may be added by action of the city council
where the value and significance of such species locally can be established
and sound scientific evidence can be presented to establish that the
species' existence is determined to be locally significant;
2. All public and private tidelands or bedlands suitable for shellfish
harvest as designated by the Washington Department of Health's
classification system. Shellfish protection districts may be established
pursuant to Chapter 90.72 RCW;
3. Areas with kelp and eelgrass beds. Kelp and eelgrass beds may be
classified and identified with ID: the Department of Natural Resources
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Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
C.
Aquatic Lands Program and the Department of Ecology. Many locations
are compiled in the Puget Sound Environmental Atlas or the Port
Townsend urban waterfront EIS maps;
4. Herring. ftftd smelt, sand lance and forage fish beach spawning
areas. Times and locations are outlined in WAC 232-14-010, Hydraulic
Code Guidelines, Technical Report No. 79, ftftd the Puget Sound
Environmental Atlas and the City Qf Port Townsend Shoreline Inventory
(2004);
5. 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;
6. Streams and waters ofthe state (see WAC 190-080(5)(a)(vi)) that
provide habitat to endangered or threatened species, or certain species that
have been identified as being sensitive to habitat manipulation, as defined
in WAC 222-16-030, Forest Practices Rules and Regulations;
7. Lakes, ponds and streams planted with game fish, including those
planted under the auspices of a federal, state, local or tribal program, and
waters which support priority fish species as identified by the Department
of Wildlife.
8. Feeder bluffs along marine shorelines; and
9. 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.
Regulated Development.
1. Development occurring on lands and waters containing
documented habitats for plant and animal species listed in the Washington
Department ofFish and Wildlife's Priority Habitats and Species Program
RCDort. At this time, the only priority habitats and species known to be
identified and mapped by the Department of Wildlife in Port Townsend
are the following:
a. Bald eagles;
b. Great blue herons;
c. Brant and harlequin feeding areas;
d. Waterfowl concentrations at Kah Tai Lagoon;
e. Waterfowl wintering area at golf course pond.
2. Development occlllTÌIU?; on lands and waters containing public and
private tidelands or bedlands suitable for shellfish harvest
3. .Development occurring on lands and waters containing kelp and
eelgrass beds.
4. Development occurring on lands and waters containing herritlg.
smelt, sand lance and forMe fish beach spawning areas.
~ L-If other priority species are identified by the applicant, the city or
the state of Washington:
a. These species will be added to the list of Port Townsend's
priority species; and
400174
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
D.
b. The applicant must then provide a habitat management plan
recommending appropriate projections protections based on the
state Department of Wildlife priority habitat species management
recommendations, as well as any other proposed mitigation
measures that are considered necessary and appropriate by the
director for the protection of the species identified.
~ L-Species of local significance may be added for protection by action
ofthe city council where the value and significance and sound scientific
evidence can be presented to establish that the species' existence is
threatened or endangered locally.
Performance Standards fef Applicable to All Development.
1. A habitat managcmcnt plan (see rcports and survcys in the
procedures manual), shall bc required for any developmcnt in arcas
identified as breeding or nesting habitat for cndangef'ed, threatcned or
priority species.
2. Thc habitat management plan shall show thc cxact location and
extcnt of habitat conservation arcas and any altef'ation of any habitat areas
that may reduce the likelihood that the above listed species will survivc or
reproduce.
~ L 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.
+. 2... Habitat conservation areas identified in the required habitat
management plan§ are to be conserved for the management and
maintenance of fish and wildlife habitat. Habitat conservation areas may
overlap with other identified environmentally scnsitivc critical areas.
Likely areas of overlap include critical drainage corridors, geologically
hazardous areas and wetlands.
§.-.. 1. When habitat areas overlap with other environmentally scnsitive
critical areas, all the performance standards established for the overlaying
3ensitive critical area(s) shall apply. If multiple environmentally sensitive
critical areas overlap in an area, the most restrictive conditions shall apply.
4. All habitat management plans required under this section shall
incOIporate mitigation recommendations developed in consideration of the
Washington State Dep~rtment ofFish and Wildlife's Aquatic Habitat
Guidelines, the Department of Ecology's Stonnwater Management Manual
for the Puget Sound (2001), and Chapter 5 of the T ,ow Impact
Development Technical Guidance Manual for the Puget Sound (2004).
Performance Standards for Terrestrial Habitats and .species.
1. A habitat management plan shall be required for any development
in or adjacent to areas identified as habitat for endangered. threatened or
priority species. The plan shall incorporate mitÜ?;ation recommendations
developed in consideration of Washington Department ofFish and
Wildlife habitat recommendations.
E.
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Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
2. The habitat management plan ::;hall show the exact 10catiQn 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. Development in or adjacent to areas used by state priority species
shall be designed. 10,Çated and constructed in consideration of Washington
f>epartment of Fish and Wildlife habitat recommendations. and consistent
with best management practices (RMPs). including measures to avoid
impacts due to construction noise. lip,ht and tiroinr..
4. Developments occurril12 within the shoreline jurisdiction shall be
mitigated to achieve no net loss of habitat function.
5. To preserve areas of native vegetation and to allow for habitat
connectivity. the following development standards shall also be applied in
terrestrial habitat conservation areas that lie within the shoreline
jurisdiction:
a. Total impervious surface area shall be limited to 40% or
4.000 square feet. whichever is less; and
b. At least 25% of the lot shall be required to be retained or
restored in native vegetation.
Performance Standards for Marine Habitats and Species.
1. Development in areas waterward of the ordinary lUr.h water mark
shall require a habitat analysis.
2. Development proposals shall be designed to first avoid and then
minimize environmental impacts.
3. Unavoidable impacts to marine habitat and environmental
processes shall be mitigated to achieve no net loss of habitat function.
4. A habitat management plan shall be required fur any development
likely to cause impacts to marine habitat and environmental processes.
The plan shall incorporate mitigation recommendations consistent with
Washington Department ofFish and Wildlife habitat recommendations.
5. All in-water development shall meet the requirements of the
H vdraulic Project Approval (HP A) process administered by Washington
Department ofFish and Wildlife.
&. ~ Buffers or Setbacks.
1. To retain adequate natural habitat for classified species, buffer
needs shall be assigned on a case-by-case basis, and the process and
justification shall be described in the required habitat management plan.
2. Buffers shall be based on Washington Department of Wildlife,
Priority Habitat and Species Management recommendations.
3. Buffer widths may be increased by the director if species present
are sensitive to or endangered by habitat alteration, or if the area supports
unique or rare plant communities, or contains rearing and nesting sites for
endangered, threatened or priority species.
4. Buffer widths may be reduced by the director if the project
includes buffer enhancement as part of an approved habitat management
F.
42 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
plan or if it is found that the affected property would be denied reasonable
use as defined in PTMC 19.05.050D 19.05.050(D).
5. Building setback lines shall be measured from the outside edge of
required buffers and no setback shall be less than .w 15 feet from an
established buffer.
F-. H.. Mitigation or Compensation.
1. Mitigation measures could include, but are not limited to:
a. Establishment of buffer zones;
b. Preservation of critically important plants and trees;
c. Limitation of access to habitat area;
d. Seasonal restriction of construction activities;
e. Establishing a timetable for periodic review of the
development;
f. Using BMPs to avoid or reduce impacts;
g. Reducing the size, scope, configuration or density of the
project.
G. Special Report Required. A habitat management plan shall be required for
any development in areas identified as breeding or nesting habitat for endangered,
threatened or priority species (see procedurcs manual). (Ord. 2319 § 1, 1992~
2899 § I, 2005).
19.05.090 Sensitive Critical area 3 - Frequently flooded areas and critical drainage
corridors.
A. Purpose. Frequently flooded areas and critical drainage corridors are areas
of natural or partially altered watercourses or low-lying areas which contribute to
water quality and stormwater and erosion control. They are characterized by year-
round or seasonal flows within drainage corridors that exist in an entirely native
state or exhibit a range of alteration. These regulations outline requirements for
dcvclopmcnt adjaeent to or within the corridor (see the procedures manual). The
regulations are intended to safeguard the public from threats to life or property
associated with flooding; to preserve the natural function of floodplains and
critical drainage corridors to store and control flood waters, improve water quality
and to provide for aquifer recharge.
B. Classification. The following areas are defined as frequently flooded areas
or critical drainage areas and are protected under this chapter:
1. Frequently flooded areas are those lands which can be expected to
flood at a frequency of once every hundred years, or which are subject to a
one percent or greater chance of flooding in any year, or mapped as such
by the Federal Emergency Management Agency or the National Flood
Insurance Program.
2. In addition, these areas may be critical drainage areas or corridors
identified by the public works department from local knowledge about
regular flooding occurrence in certain areas or the potential for flooding if
existing drainage is modified. The following criteria shall be considered
when designating and classifying these areas:
43 of74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
a. Potential flooding impact to human health, safety and
welfare and to public facilities and services;
b. Available documentation including federal, state and local
laws, regulations and programs, local and state maps and federally
subsidized flood insurance programs;
c. The effect of high tides with strong winds, or greater
surface runoff caused by increasing impervious surfaces.
Regulated Development.
L All development proposals located within frequently flooded areas
and critical drainngc corridors shall be regulated under this chapter~
well as Chapter 16.08 PTMC. "Flood Damage Prevention".
L Dcvclopment of All devel9pment proposals 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
watercourse corridor and centerline on the site construction plan (see
reports and surveys) and these areas shall be marked in the field prior to
the Rre:;;construction meeting.
Performance Standards for Development
1. Where applicable, development shall comply with the
requirements of Chapter 16.08J>TMC, "Flood Damape Prevention".
l-. L Development shall not reduce the effective base flood storage
volume. Effective storage capacity must be maintained. Filling of critical
drainage corridors is prohibited.
~ 1. Critical facilities shall be prohibited within the boundaries of these
areas.
3-. 4... For those basins within Port Townsend having no natural outlet,
the director may choose to increase design standards as needed to protect
citizens and the environment from damages that may result due to the
increased likelihood of flooding.
+. .i. No mechanized power equipment may enter or be used within a
critical drainage corridor without the explicit approval of the BGB
director.
~.6... Building pads shall not be permitted within a critical drainage
corridor.
&-. L Impervious surface shall not be permitted within a critical drainage
corridor except as outlined in subsection F of this section.
8. Native and existing vegetation shall be maintained to the extent
possible.
E. Buffers and Setbacks. Buffers will be defined on a site:;;specific basis with
setbacks intended to protect life and property both on-site and off-site. Generally,
buffers should not be less than 25 feet.
F. Mitigation or Compensation.
1. Grading or other development activities which would reduce the
flood water storage volume effectiveness shall be mitigated by creating
compensatory storage on-site if hydrologically feasible and consistent with
c.
D.
440174
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
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 Ens manual Stormwutcr Manugement Munuul for
the Puget Sound Bugin, 1992, Washington Stutc Dcpurtment of Ecology.
3. The applicant shall provide a long-term maintenance plan for
storage facilities.
4. If conditions warrant, the city may be requested, or may choose, to
take over long-term maintenance of these facilities under appropriate legal
agreements.
5. For development activities occurring in these areas, the applicant
shall enter into a "hold-harmless" agreement with the city for liability
purposes.
G. Special Reports. Applicants for all development located within frequently
flooded areas and/or critical drainage corridors shall prepare a floodpluin report te
estublish documenting that the proposed development will not create a hazard to
the property involved or to other properties located in the floodplain or drainage
corridor (scc procedures manuul). (Ord. 2535 § 5, 1996; Ord. 2319 § 1, 1992;
Ord. 2899 § I, 2005).
19.05.100 Sensitive Critical area 4 - Geologically hazardous area.
A. Purpose. These environmentully sensitive critical areas are characterized
by lot slope, soil type, geologic material, and ground water which may combine to
create problems with slope stability, erosion and water quality during and after
construction or during natural events such as earthquakes or excessive rain-
storms. The following regulations, in combination with the performance standards
for development, will guide development in these 3ensitivc critical ureM (see thc
procedures manual). The purpose of these regulations is to maintain the natural
integrity of hazardous areas and their buffers in order to protect adjacent lands
from the impacts of landslides, mudslides, subsidence, excessive erosion and
seismic events, and to safeguard the public from these threats to life or property.
Construction in geologically hazardous areas should be avoided when the
potential risk to public health and safety cannot be reduced to a level comparable
to the risk if the site were stable. This section acknowledges that some potential
risk due to construction in these areas can be reduced through appropriate site
planning and structural engineering design.
B. Classification. Criteria for identifying geologically hazardous areas
include the following:
1. Any area containing soil or soil complexes described or mapped
within the United States Department of Agriculture/Soil Conservation
Service Soil Survey for Jefferson County as having a severe to very severe
erosion hazard potential;
2. Any area with slopes greater than 15 percent and impermeable
soils (typically silt and clay) frequently interbedded with granular soils
450/74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
C.
(predominately sand and gravel); and, springs or ground water seepage
from perched water tables;
3. Any area potentially subject to mass movement due to a
combination of geologic, topographic, and hydrologic factors, but not
limited to those areas mapped or described by the Soil Conservation
Service, the Washington State Department of Ecology, Department of
Natural Resources or U.S. Geologic Service. These classifications maybe
based on performance standards rather than mapping;
4. Any area potentially unstable or subject to erosion or sloughing as
a result of rapid stonnwater runoff. soil saturation. stream incision, stream
bank crooion or undercutting by wave action;
5. Any slope of 40 percent or steeper;
6. Areas subject to severe risk of damage as a result of earthquakes,
slope failure, settlement, soil liquefaction or faulting. These areas are
identified by the presence of poorly drained soils (greater than 50 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.
Regulated Development.
1. Seismic hazard areas in Port Townsend are found generally in
areas of fill, such as portions of the downtown area, which are termed
liquefaction prone areas.
2. Pursuant to this chapter, any development or alterations in steep
slopes, landslide, erosion hazard or liquefaction prone areas shall comply
with the provisions ofPTMC 19.05.060 and standards included in
subsection D of this section.
Performance Standards for Development.
1. Standards for Seismic Hazard Areas.
a. Standards for development of structures and improvements
in seismic hazard areas shall be in accordance with the provisions
of building and construction codes as currently adopted in-the
Uniform Duilding Code (UBC) as- 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 hazard
areas unless mitigation shall be provided which renders the
proposed development as stable as if it were not located within a
seismic hazard area.
2. Steep Slopes, Landslide and Erosion Hazard Areas. Development
on steep slopes with landslide or erosion hazards shall comply with the
following performance standards regarding erosion control, disturbance
and alteration limitations, buffers, development location, development
design and landscaping.
a. Performance Standards for Storm-water Control. Where
slopes exceed 15 per-cent with impermeable soils, and in all
erosion hazard areas, the applicant must demonstrate that the
temporary and final improvements to control runoff water quality,
D.
46 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
and erosion and sedimentation incorporate source controls best
management practices, and treatment and degradation controls that
will not aggravate an existing problem or cause a new problem to
occur.
b.
c.
Performance Standards for Erosion Control.
i. Development within critical slopes and geologic
hazard areas shall require a geotechnical report (see reports
and ~urvcys in thc procedures manual) 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 ã permits or
illher 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.
v. To reduce thc risk ef landslidc and cmsion, thc
following-maximum slopc disturbancc factors arc
recommcnded and may be required, as set forth in the chart
below:
Slope Slope Disturbance Allowed Factor
1 11% 100% 1.00
15 21% 60%0.60
25 3-9-% 15% 0.45
10% or greater 30% 0.30
Performance Standards for Disturbance of Vegetation.
i. Whenever feasible, existing vegetation in these
areas should remain in an undisturbed condition. If the area
is unvegetated due to a previous disturbance, immediate
efforts may be required to provide a persistent native
vegetative cover, to prevent erosion or hazard.
ii. In order to minimize impacts to environmentally
scnsitivc critical areas and on-site vegetation, authorized
clearing may be required to be designed to minimize
impacts to soil and understory vegetation by providing for
sequencing and staging where appropriate.
Development Design:
i. All development proposals shall be designed to
minimize the footprint of building and other disturbed areas
d.
47 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
within the area of steep slope, landslide or erosion hazard.
Common access drives and utility corridors are required
where feasible; and
ii. All development shall be designed to minimize
impervious lot coverage and whcrc fcasiblc and rcasonable
should incorporatc undcr structurc parking and multi lcvcl
structurcs (e.f.. under structure parking. multi-level
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;
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;
vii. Construction of private or public utility corridors
may be allowed in land-slide and erosion hazard areas only
when no viable alternative exists, provided that a special
study concludes the development will not increase the risk
of landslide or accelerated erosion.
Landscaping Design.
i. The disturbed area of a development site shall be
landscaped to provide long-term erosion control.
ii. Landscape plantings should encourage the use of
drought-tolerant native vegetation such as those described
in the Department of Fish and Wildlife's "Plants for
Wildlife in Western Washington."
iii. All landscaping must be completed in erosion areas
and steep slopes before a development will receive a final
inspection.
f. Additional standards for marine bluffs and slopes subject to
landslide and erosion hazards (i.e., slopes greater than 40 percent
that exceed a vertical height of 10 feet):
i. All proposed development on marine bluffs and
slopes greater than 40 percent 6¥ef that exceed a vertical
height of at lcast 10 feet and their required buffers should
bc avoided if possible shall be prohibited, except as may be
allowed under PTMC sections 19.05.040(A)(2)(b) and (B),
and except for minor development to provide public access
(e.g., public trails, stairs or view points), pI.Qvided that
impacts are mitiP,ated and the development can be shown to
be safe.
ii. All proposed development occurring within 50 feet
of the crest of a marine bluff that exceeds a vertical height
e.
480174
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
of 10 feet, or a distance equal to the heir.ht of the slope up
to a distance of 100 feet from the crest (measured from the
top), whichever is greater, shall require preparation of a
geotechDical report. This area shall be hereinafter be
referred to as the "marine bluff management zone."
iii. All proposed development occurring within 50 feet
of the top of an inland bank of greater than 40 percent that
exceeds a vertical height of at least 10 feet shall require
preparation of a geotechnical report. This area shall
hereinafter be refeue.d to as the "inland bank management
zone."
E.
iv. Within the marine bluff and inland bank
manaeement zones set forth in this section. a buffer shall be
established and maintained as set forth in subsection E,
below.
ii-. Y...-Alterations te Qccurritlg within 25 feet of the toe of
steep slopes must conform to specific recommendations in
the geologic geotechnical report (see reports and surveys in
thc proCedurC3 manual).
iii. Whcrc steep slopes are 50 percent or greatcr, no
dcvclopmcnt is allowed and no- impervious surfaces
permitted, unlcss thc applicant canœmonstrate through
professional reports that thc public's health, safety and
welfllfe will- not be compromised.
g. Surface dr.ainage shall be directed away from steep slopes..
When no other solution is feasible, surface drainage piping may be
located on the face of a steep slope when contained in a tir)1t line
(closed, nonleaking pipe) andjn such a way that erosion will not
be exacerbated.
Buffers and Setbacks.
1. Within the I1laI1agement zones established for marine bluffs and
inland banks under PTMC 19.05.100(D)(2)(f)(i!).and (iii), above, the
buffer width shall be established by an approved geotechnical report
prepared by an engineerinp geologist with a WasbiI1g1:on specialty license
in engineering geology as specified in RCW 18.220. The report shall be
based upon the best available science, existi~ and proposed use.s, risks of
slope failure, and coastal erosion rates,- if applicable. A minimum buffer
of 25 feet shall be provided from thc edgc of all slopes and marinc bluffs
that are subject to landslide or erosion hazards.
2. For new short plats", subdivisions, bindinr- site plans, and PODs.. a
minimum buffer of 50 feet shall be provided from the edge of all marine
bluffs, and 25 feet frOlD inland banks, provided that a reduction in the
required buffer width to a distance equal to the heiP.ht of the slope may be
permitted when the geotechnical report concludes that doing so would not
result in an increased risk to people or property or impacts to
environmental processes. Erosion rates measured over the long-term (Le..
49 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
using at least a 75 year period) shall be evaluated in any geotechnical
report 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.
3. For existillf platted lots. a steep slope buffer less than that required
for new subdivisions under subsection 2. .above, may be permitted when
necessary to allow development of a sin~le-family residenc.e. provided that
the geotechnical report concludes that doÎ1lf so would not result in an
increased risk to people or property or impacts to environmental
proc.esses. Additionally, proposals within the shoreline jurisdiction shall
adhere to the SMP refUlations applicable to the Residential Designation.
4. In order to satisfy the buffer requirements of this subsection. the
minimum front yard setbacks esta.blished for the R-I and R-II residential
zonillf districts in Table 17.16.030 PTMC may be reduced
administratively to 5 feet to address potential impacts to steep slopes.
5. Remodels and/or additions to nonconforming stl11ctures (including
new decks) shall be subject to the followi1lf~
a. A minor reroodel or addition that neither changes an
existing foundation line (i,e.. 110 site alterations) nor increases the
existing square footage of.a structure by more than 25%, shall not
require review and preparation of a ~eotechnical report;
b. A remodel or addition that involves site alterations and
which is worth less than 50 percent of the value ofthe existing
structure shall require preparation of a. geotechnical report, and
shall be conditioned to locate new improvemellts away from
identified hazard areas;
c. A remodel or addition that involves site alterations and
which is worth 50 percent or more of the value of the existing
structure shall be subject to the requirements applicable to new
development. Such proposals shall also meet the view protection
standards ofthe SMP;
2. Thc direetor may extend thc buffer requirements to mitigate site-
specific hazards.
3. The buffer may be reduced when expert verification and
environmental information demonstrate to thc satisfaction of thc director
that thc proposal will not advcrscly impact a sensitivc arca.
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 characteristws.
F. Special Reports. For steep slopes, erosion hazard areas, and landslide
hazard areas, a geotechnical report shall be required to review potential hazards
and propose measures to mitigate such hazards consistent with the requirements
50 of74
Exhibit A to Ordinance 2899
PTMC 19.05 ~ CRITICAL AREAS
of this chapter (see procedures manual). (Ord. 2319 § 1, 1992; Ord. 7899 &1,
2005).
19.05.110 Sensitive Critical area 5 - Wetlands.
A. Purpose. Wetlands in Port Townsend are characterized by hydric soils,
water-tolerant plants (hydrophytes), and surfaces which are either saturated or
inundated with water for a specified period oftime. A wetland directly impacts
water quality and stormwater control by trapping and filtering surface and ground
water. Wetlands also provide valuable habitat for fish and wildlife. Because of the
difficulty in replacing these rare and valuable areas, these regulations control
development adjacent to and within wetlands and limit the amount of wetlands
which may be altered. The purpose of these regulations is to protect the public
from harm by preserving the functions of wetlands and streams as recharge for
ground water, flood storage, floodwater conveyance, habitat for fish and wildlife,
sediment control, pollution control, surface water supply, aquifer recharge and
recreation. Pleasc refer to the procedures manual for additional information.
B. Classification.
1. Designated wetlands are areas that are inundated or saturated by
surface ~ater or ground water at a frequency and duration sufficient to
support. and that under normal circumst:mces do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions.
DesiW'lated wetlands pel1erally include &wamps, marshes, bogs, and
similar areas. Designated wetlands do not include those artificial wetlands
intentionally created from nqnwetland 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 I, 1990, that were
unintentionally created as a result of the construction of a road, street, or
hif.hway. Designated wetlands may include those artificial wetlands
intentionally created from non wetland areas to compensate for wetland
impacts,jncludiT1f conversion of wetlands.
+-. 2.. Designated wetland areas have been identified by:
a. U.S. Fish and Wildlife Services National Wetlands
Inventory;
b. Wetlands identified within the land use/land cover
inventories of the Department of Ecology Coastal Zone Atlas;
c. Department of Ecology Washington Coastal (Floating)
Kelp Resources;
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.
2-.1. For the purposes of a general inventory, wetlands will be defined
using the W~shington State Wetland Identification and Delineation
Manual (EcolofY publication # 96-94... adopted under WAC 173-22-080)
51 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
Federal Manual for Identifying and Delineating Jurisdictional Wctlands
(1989).
3-. 4 The city shall use the Washington State Rating System for Western
Washington (see also the procedures manual for grcater dctail). Wetlands
shall be rated according to the Washington State Wetland RatiIU?; System
for Western Washington (2004) or as revised by Ecology. This document
contains the definitions and methods for determininrjf the criteria below
are met. Employing a point scoring scheme (see subsections
19.05110(B)(3) and 19.05.110(B)(3), below) the rating system
differentiates between wetlands in western Washington based on their
sensitivity to disturbance, their significance, their rarity.. Qur ability to
replace them, and the functions they provide (e.g., habitat, stormwater
attenuation, etc.). Catcgory I, II, III and IV wctlands includc but arc not
limited to:
a. Category I. Those regulated wetlands of exceptional
rcsource value based on the presence of priority species or wetland
communities, sensitivity to disturbance and iITeplaeeable ecological
functions; Category I wetlands are:
i. Relatively undisturbed estuarine wetlands larger
than 1 acre~
Wetlands that are identified by scientists ofJ:he
Washington Natural Heritage Program/DNR as high
quality wetlands~
Bogs larger than 1 /2 acre~
Mature and old ~owth forested wetlands larger
than 1 acre;
Wetland.s in coastallagoons; and
Wetlands that perform many functions well. These
wetlands are those that: (a) represent a unique or
rare wetland type; or (b) are more sensitive to
disturbance than most wetlands; or (c) are relatively
undisturbed and contain ecological attributes that
are impossible to replace within 75 years; or (d)
provide a hiP)llevel of functions.
b. Category II. Those regulated wetlands- of significant
resoure€- value based on significant functional valuc and divcrsity,
wetland communities of infrequent occurrence, and othcr attributcs
which may not be adequately rcplicated through creation or
restoration; Catee-ory II wetlands are:
i. Estuarine wetlands smaller than 1 acre, or disturbed
e.stu.arine wetlands larger than 1 acre;
ii. A wetland identified by the Washington State
Department of Natural Res.Qurces as containing "sensitiv~"
plan! species;
Hi. A bog..between 1i4 and 1/2 acre in size;
VI. An interdunal wetland larger than 1 acre; or
11.
111.
IV.
v.
VI.
52 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
c.
v. Wetlands with a moderately high level of functions.
c. Category III. Thosc rcgulated wetlands which have
important rcsource valuc based on vcgctativc divcrsity; Cate~ory
III wetlands are:
i. Wetlands with a moderate level of functions (scores
between 30 and 50 points) and
II. Interdunal wetlands between 0.1 and 1 acre in size.
Wetlands scoriTlf between 30 and 50 points generally have
been disturb~d in some ways. and are often less diverse or
more isolated from other natural resources in the landscape
than Cate~ory II wetlands.
d. Category IV. Thosc rcgulatcd wetlands of ordinary
resourec value based on monotypic vcgctation of similar age and
class, lack of special habitat features, and isolation ttom other
aquatic systems. Category IV wetlands have the lowest levels of
functions (scores less than 30 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, &11d should be
protected to some degree.
Regulated Development.
1. For regulatory purposes, wetlands will be delineated using the
threc criteria mcthod as described in the Federal Manual for Identifying
and Delincating Jurisdictional W ctlands (1989) Washinrt:.on State Wetland
Identification and Delineation Manual (Ecology publication # 96-94,
adopted under WAC 173-.77-080).
2. Regulated wetlands include all Catepory I and II wetlands, and all
Category III and IV wetlands larger than 1,000 square feet~
a. All category I wetlands;
b. All catcgory II and III wetlands larger than 5,000 SqUUfC
feeÞ,
c. All catcgory IV wetlands larger than 10,000 squarc feet.
Regulated wetlands do not includtY.
8. Con3tructed those artificial wetlands intentionally created
ttom nonwetland sites, including. but not limited to~ irrigation and
drainage ditches, grass-lined swales, canals, detention or rctcntion
facilities, wastewater treatment facilities, farm ponds and landscape
amenities, or those wetlands created after July I, 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 jurisdictional wetland
characteristics, they revert to regulated wetland status if they meet the
parameters of the regulated wetland definition~
3.
53 of74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
D.
b. Intcrtidal flats (these areas arc rcgulated under the Jefferson Port
Townscnd Shorelinc Mastcr Program).
4. If a wetlands delineation is required, it must be conducted by a
qualified (wetlands) scnsitivc critical areas professional in accordance
with the Washington State Wetland Identification and Delineation Manual
(Ecology publication # 96-94, adopted under WAC 173-27-080)-l-9&9
Federal Manual for Identifying & Dclincating Jurisdictional Wetlands.
a. +he Prior to construction. the applicant shall mark and
provide a certified survey for the edges of the wetland on the site
prior to thc prceonstruction meeting. See PTMC 19.05.(}10D.1.h
19.05.040(D)(l )(h).
b. Where the applicant has provided a delineation of the
wetland boundary, the director shall verify the accuracy of, and
may render adiustments to. the boundary delineation. In the event
the adiusted boundary delineation is contested by the applicant, the
director shall.. at the applicant's expense, obtain expert services
ITom a third party (such as the Anny Corps of Engineers, the state
Department of Ecology, or independent consultant) 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.
iii. Where the applicant bas provided a delineation of
the wetland boundary, the director shall vcrify the accuracy
of, and may render adjustments to, the-boundary
delineation. In the event thc adjusted boundary delincation
is contested by thc applicant, the dircetor shall, at thc
applicant's expensc, obtain expert services ITom a third
purty (such as the Army Corps of Engineers, the statc
Departmcnt of Ecology. or indcpcndcnt consultant) to
render a final delincation.
Performance Standards for Development.
1. Within new subdivisions, a building pad-or impervious surfaces
shall not be permitted within a delineated wctlnnd area or its buffer.
2. In preexisting platted nrcas, building pads or impcrvious surfaces
shall not be permitted within a wetland or its buffer unless therc is no
othcr practicable use ofthc area nnd it meets thc reasonable use critcria in
PTMC 19.05.050D.
3. Ncw development on sites containing wctland buffers shall rctain
as much of thc native vegetation as feasible.
1. New dcvclopment on sitcs containing wetland nrcas shall inelude
specific site design and maintenancc mcasures to avoid general impacts
(e.g. littering nnd vcgctation removal) by protecting buffcr zoncs,
54 of74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
discouraging accesS', minimizing exotic plantings outside thc wctland urea;
and- cncouragcrnent -of stewardship by a homeowners' association. F cnces
should not bc used where-they will interfcrc with wildlife movements.
5. Required erosion control devices shall bc installed along thc
boundarics of a dclincated wetland and its buffcr following the
prcconstruction meeting and prior to clearing or grading.
6. No ncw accessory structures or additions shall bc üllowed in high
value Category I & II wetlands OF buffers unless no other practicable
nlternative cxists and compensatory mitigation is provided.
1, Activities and uses shall be prohibited in wetlands and wetland
buffers, except as provided for in this subsection D.
2. Category I Wetlands. Activities and uses shall be prohibited fi:OID
Category I wetlands and their buffers. except as provided for in PTMC
sections 19.05.04Q(ij).. 19.05.050(0) and subsection (D)(5) ofthis section
19.05.110, below.
3. Category II and III Wetlands. For Category IT and III wetlands and
their buffers, the followiTlf standards shall at1ply:
a. Water dependent activities may b~ .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
usel11eets the intent of this Chapter.
b. Where non-water-dependent activities are proposed, it is
presumed that an alternative developmentlocation exists; 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 desws 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 ofthe proj.eQ!.
¡Ire not feasible.
Full compensation for the loss of acreage and functions of wetland
and buffers shall be provided under the terms established under the
Mitigation subsection in this section 19.05.110.
4. Category IV Wetlands. Activities and uses that result in
unavoidable impacts may be pennitted in Cater-ory IV wetlands and
associated buffers in accordance with an approved critical area report and
comp~nsatory 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 buff~IS
shall be provided under the terms established under the Mitization
subsection in this section 19.05.110.
55 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
f-. ~ Storm Watcr Stormwater Management. The following surface
water management activities may be allowed only if they meet the
following requirements:
a, Category I and II wetlands and buffers may be used for
regjonal retention/detention facilities only when: all applicable
requirements of the EDS manual are met~ the use will not alter the
rating or the factors used in rating the wetland; the proposal is in
compliance with the managtmlent guidelines set forth in Chapter
14 of the Puget Sound Wetlands and Stonnwater Management
Research PrOgr:Jffi (Horner, et a4 1996); and, there are no
significant adverse impacts to wetland resourc~.
b. Category III and IV wetlands and buffers may be used for
regjonal retention/detention facilities only when: all applicable
requirements Qf the EDS manual are met~ the use will not alter the
rating or the factors used in rating the wetland; and, there are no
siv1ificant adverse impacts to wetland resources.
",ft-. .Q.. New developments cannot use existing wetlands for surface
water discharge unless the wetlands are protected by upstream
pretreatment facilities that demonstrate runoff, erosion, water
quality, and sedimentation control.
Ð-: d. New surface water discharges to wetlands from detention
facilities, presettlement ponds, or other surface water management
structures may be allowed provided that the discharge does not
increase the rate of flow nor decrease the water quality of the
wetland.
c. Category I and II wetlands may bc used for regional
retention/detention facilities only when authorized by the
exception proccss set out in PTMC 1D.05.050 or when it complies
with the following: all thc requirements of the surface water design
manual arc roct; the usc will not alter the rating or thc factOfs used
in rating the wetland; thc proposal is in compliancc with thc latest
adopted findings of the Puget Sound Wctlands Research Project;
and, therc arc no significant advcrsc impacts to wctland resources.
d. Category III and N wetlands and buffers may bc altcred
for usc as regional stonn water management facility (such as
retention/dctcntion water facilities) provided-that quality
prctrcatmcnt be required and all requirements of the surface water
design manual- arc mct.
e. Wetlands shall not be used for stormwater management
purposes only for individual properties. Wetlands used for
retention/detention facilities should serve as neighborhood or
regional facilities.
f. Use of wetland buffers for storm water management
facilities such as retention/detention facilities, or energy dissipaters
may be allowed only if the applicant demonstrates:
i. No practicable alternative exists; ftftd
56 of74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
E.
ii. Facilities are limited to dispersion outfalls and
bioswales located, to the extent practicable. in the outer
25% of wetland buffers; and
ii-. ~ The functions of the buffer or wetland are not
adversely impacted.
Buffers and Setbacks.
1. Wetland buffers shall be measured perpendicularly from the
wetland boundary as delineated in the field (see the 1989 Federal Manual
for Idcntifying and Delineating Wetlands Washinpton State Wetland
Identification and Delineation Manual (FcolofY publication # 96-94,
adopted undeLW AC 173-22-080).
2. Buffers shall be required to protect important wildlife habitat and
wetland features, values and functions from the adverse impacts of
adjacent land uses.
3. Thc width of the buffer zonc shall be determined according to
wctlnnd-catcgory, as defined below:
Wetland Category Buffer Width
Wetland Category I 150- feet
W ctland Category II 100 feet
Wctland Category III 50 foot
Wetland CatcgoFy l-V 25 feet
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:
~'? ßuffeJ' Widths for Cate20fr I Wetlands' ", JhY~'
Wetland Characteristics ~uffer Widths by Inmatt Other Measures
(Note: if multiple of Land Use Recommended for
characteristics are (Note: the most Protection
present, the most protective huffer width
protective buffer width annlies)
applies)
Natural Heritage Wetlands
Low - 125 feet
Moderate - 190 feet
HigÞ - 250 feet
No additional discharges...of
surface water; no sep.ti~
systems within 300 feet;
restore degraded parts of
bJ.J1ThL
No additional surface
discharges; re.s.torf
degraded Qa11s of buffer.
If forested wetland scores
hiJili fOrJlabitat...need1Q
maintain connectivity to
9th~r natural areas; restore
degraded parts of buffer.
lkt@
Low - 125 feet
Modera~2Q..fu:t
High - 250 feet
RufTJ=:r size to be based on
score for hl\bitat functiot1$
Qr water quality functions.
Eorested
57 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
. ~:tk'%~" -. Buffer WitUlí~r: Jlte2orý:tIVW etiaìicis
Wetland Characteristics Ruffer Widths by Impact Other Measures
(Note: if multiple of' ,and Use Recommended for
characteristics are (Note: the most Protection
present, the most protective buffer width
protective buffer width aonlies)
applies)
Estuarine
Wetlands in Coastal
Lalmons
lIi.g}1level of function for
habitat (scor~Jor habitat
22:-.36 points)
Moderate level of fimction
for habit!!J (score for þabitat
20-28 DointS)
High level of fimction..fur
~ater quality improvement
(24-32 points) ard low for
habitat {less than 20 points)
Not meeting '!!!y of the
above criteri,a
H!ghJ~vel offimction for
habitat (score.for habitat
29-36 points)
Moderate level of function
f2J;:_J:l~J2.itat (score fo.Lhabitat
(20:-28 points)
High level of function for
water quality ÌI)lprovement
and low for habitat (score
for water quality 24~32
points; habitatJess than 20
. Jloints
"Fstuarine
Wetlands in Coas~~
I a!!oons
Interdunal
Not meetir¡g &bove criteria
~.lOOJeet
Moderate - l.ill.ieet
High - 200 feet
Low - 100 feet
Moderate - ISO fe~t
HiGÞ - 200 feet
LQw - 1.50 feet
MDderate - 225 feet
Hip;h - 300 feet
LQw_-:::.l5..f~et
Moderate - 110 fe~
High - 150 feet
I "ow --=_5.Q fe~
Moderate~5 feet
~J90 feet
ÙlW.~fe.et
Moderate - 75 feet
HiJÙI - 100 feet
I -ow - 150
.Moderate-:: ZZ1
~-1QQ
Lo\\'_-:::-_75
Moderate - 110
Higþ - 150
Low - 50
Moderate - 75
High - 100
I-Ow- 75
Moderate -110
Higþ - 150
T .ow - 75 feet
Moderate - 110 feet
Higþ - 150 feet
Low- 75
Moderate - 110
High - 150
I"ow- 50
Moderate - 75
High - 100
580174
Reserved.
Reserved.
Maintain çg~nectivity to
oth~!:..!!.atural areas; restore
degraded part!! of buffer.
Reserved.
No additional discharges of
untreated runoff.
Reserved.
Maintain connectiYi!Y..lO
other na~ral areas.
Res.erv.ed.
No addition~l..4!§charges Qf
untreated runoff.
Reserved.
Reserved.
Resenrro.
Reserved.
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
Wetland Characteristics Buffer Widths by Impact
(Note: if multiple of Land Use
characteristics are (Note: tbe most
presertt, the most protective buffer widtl)
protective buffer width annlies)
applies)
*' }~, '~^RutJer Width.sCorY'.atefZþ-TY mWetlaJIds" "^" F'
Moderate level of function T .ow - 75 Res~rved.
fur habitat (score for habitat Moderate -ill
N-28 points) flicll - ISO
N"°t meetiT\g above c.riter4\ T .ow - 40
Moderate - 60
Ri~~^::- 80
. ^~' "Ruffer Wilft'lì¡' for Catet:oO' TV W~ttl1ìd!l
~e for function~ less T .ow - 25 ~ed.
than 30 poin~ Mo4~rate - ~
Righ - 50
Se~ also 19.05.110(F.)(5), (6) andD) for.provision~ relating tojncreased and decreased
Q..uffer width~ IJnd buffer width averaj1;iTij1;.
Other Measures
Recommended for
Protection
, i:,
Re~erved.
'."" "
, "¿' '~j, ,
b. Land use intensjty (i.e.. low, moderate, hUdI) shall b~
determined using. the table set forth below~
I.and Use Impacts and Intensitv ',evels
. l.&Yd.ofTmpact from T ,and Use Land Use Types
. Commerci¡¡,l. including retail sal~
. Tndustrial
. In~titutional
. Residential (more than I d,-l!...~
acre
. ~ew agriculture (e.~.. hi£h-
intensity such as dairies.
nurseries. greenhQuses,)
. Rigþ inten~ity recreation-£.e...g..
gQ,lf courses)
. Robby (at}!l~
Mod~rate
.
ResidentÜ1I (1 d.u. DeLacre or less
M.o.derate-inten~ity open space
~
New amcultut:e (moderate-
in1en~ity such as orchards and hay
fields)
Pav~(t trails
.
.
.
Low
.
Forestrv
T ,()w-int5in~ity open space(Sllc~as
~!!ive recreation ;u¡d.natw:al
res°l1!£~§ preservation)
{jnpaved trails
.
.
59 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
4. Any wetland created, restored or enhanced as compensation for
approved wetland alterations shall also include the standard buffer
required for the wetland category.
5. Increased Buffer Zone Widths.
a. The director may increase standard buffer zone widths on a
case-by-case, site-specific basis when a larger buffer is necessary
to protect functions and values of specific land areas, or when high
intcnsity land USCg ore proposed.
b. This determination shall be supported by appropriate
documentation showing that it is reasonably related to protection
of the functions and values of the regulated wetland.
c. Such determination shall be attached as a permit condition
and shall demonstrate that:
i. A larger buffer is necessary to maintain viable
populations of existing species; or
ii. 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
iii. The adjacent land is susceptible to severe erosion
and erosion control measures will not effectively prevent
adverse impacts; or
iv. The adjacent land has minimal vegetative cover or
slopes greater than 15 percent.
Reduced Buffer Widths.
a. The director may reduce the standard buffer width on a
case-by-case basis where it can be shown that:
i. No direct, indirect, short-term, or long-term adverse
impacts to regulated wetlands will result from the proposed
development activity; or
ii. The site is extensively vegetated and has less than
15 percent slopes; or
iii. The project contains provisions to enhance buffers
using native vegetation which will provide additional
protection for the wetland's functions and values. In any
case, buffers shall not be reduced to a width of fewer than
25 feet, unless this requirement would deny all reasonable
use of the affected property as determined by the director
pursuant to PTMC 19-.05.050D 19.05.050(D).
Buffer Width Averaging.
a. Standard buffer zones may be modified by averaging buffer
widths. Width averaging shall be allowed only where the applicant
demonstrates all of the following:
6.
7.
60 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
F.
i. That width averaging will not adversely impact the
functions and values; and
ii. That the total area contained within the buffer after
averaging is no less than that contained within the standard
buffer prior to averaging;
iii. In no instance shall the buffer width be reduced by
more than 50 percent of the standard buffer or be less than
25 feet unless it would deny reasonable use of the affected
property.
8. Buffer Waivers. Application ofthe buffers set forth in this section
19.05.110 may be waived by the director in instances where ejther 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
constructed roadway which separates the parcel from the wetland
and ha~ effectivel)l eliminated the function and value to be derived
from the required buffer width.
&-. ~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.
10. Building setb.ack 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.
Compensatory Mitigation Requirements and Compcnsfition.
1. Compensatory mitigation for alterations to wetlands shall achieve
equivalent or greater functions. Compensatory mitigation plans shall be
C,9nsistent with the Draft Guidance on Wetlands Mitigation in Washington
State, Part 2,2004 (Washington State Department of Ecology. U.S. Anny
Corps of Engineers Seattle District, and U.S. Environmental Protection
Agency publication number 04-06-013B, or as revised).
2. Mitigation shall be required in the following order of preference~
a. Avoiding the impact altogether by not taking a certain
action or parts of an action;
b. Minimizing impacts by limiting the degree or magpitude of
the action and its implementation. by using appropriate technology,
or by taking affirmative steps to ayoid or reduce impacts;
c. Rectifying the impact by repairing, rehabilitating, or
restoring the affected environment;
d. ReduciQg or eliminating the impact over time by
preservation and maintenance operations; or
610174
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITlCALAREAS
e. Compensating.for the impact by replacing, enhancing~ or
providing substitute resources or environments.
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 mitiy.ation 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 foals formally
identified by the city. such as replacement of historically
diminished wetland types.
4. Preference of mitigation actions. Methods to acþieve
compensation for wetland functions shall be appro..ached in the following
order of preference:
a. Restoration (re-est'J,blißhment and rehabilitation) of
wetlands;
b. Creatioll (establislunent) of wetlandß on disturbed upland
sites such as those with vegetative cover consisting primarily of
non-native introduced species~ this should only b~ attempted when
there is an adequate source of water and it can be shown that the
surface and subsurface hydrolorjc regime is conducive for the
wetland community that is anticipated in the design; and
c. EDhancernent 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 meetiT12 appropriate ratio requirements.
5. Type ¿lnd location of mitigation. Unless it is d~termined that a
higher level of ecological functionitlg would result from an alternate
approach. compensatory mitigation for ecologjcal functions shall be either
in-kind and on-site. or in-kind and within the same sub-basin or drift cell
(if estuarine wetlands are impacted), Mitigation actions shall be
conducted within the same sub-drainage basin and on the site of the
alteration except when all of the filliowing apply;
a. There are no reasonable on-site or in-sub-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
62 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
proposed widths, available water to maintain anticipated
hydropeomorphic classes of wetlands when restored, proposed
flood storage capacity, potential to mitigate riparian fish and
wildlife impacts (such as connectivity);
b. Off-site mitigation has a V"eater likelihood of providing
equal or improved wetland functions than the impacted wetland;
and
c. Off-site locations shall be in the same sub-drainage basin
unless:
i. Fstablished watershed goals for the water quality.
flood storage or conveyance... habitat. or other wetland
functions have been established by the city and strongly
justify location of mitigation at another site; or
ii. Credits trom a state certified wetland mitigation
bank are used as mitigation and the use of credits is
consistent with the terms ofthe hank's certification.
6. Timing of compensatory mitigation. It is preferred that
compensation projects be completed prior to activities that will disturb the
on-site wetlands. At the least. compensatory mitigation shall 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
mitiration when the applicant provides a written explanation ITom a
qualified wetland professional as to the ra~ionale for the delay. An
appropriate rationale would include idemification of the environmental
conditions that could produce a high probability of failure or sif)1ificant
construction difficulties (e..E., project delay lapses past a fisheries window;
or plant installation should be delayed until the donuant season to ensure
greater survivability ofjnstalled materials). The delay shall not create or
perpetuate hazardous conditions or envjronment~ damage or degradation.
and the delay shall not be injurious to the health. safety, and general
welfare ofthe public. The request for temp.orary delay must include a
written justification that documents the environmental constraints that
preclude implementation ofthe mitigation plan. The justification must be
verified and approved by the city.
7. Mitigation ratios. Tn approying 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 destruction of the functions of the altered wetland and to
assure that such functional values are replaced. The following ratios shall
provide a starting point for discussions with each proponent of
compensatory mitigation:
63 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
Mitigation Ratios
Category.~ Rf= ~~!:tl\bilitation * * 1: 1 Re- Enhancement
Tvne Qf establishment establishment Only
W~t)¡md QCCœation or Creation
(RlC) and
:f.!lha!1ç.~JTlem
@
All Category 1 5'1 1;1 1:1 RlC and 6:l
IY 2~LE
All Category 2:l tl 1:1 RlC and &1
III 2:1 E
çi.!-tegory II - Case-by-case i:J. Çase-by-case Ca:iclJ~
Estuarine Rehabilitation of
¡m estll::;1fÌ]1e
wetland
CategQ..1Yl!.= 2:l tl 1:1 RlC and -U
Interdunal CompensatiQ.1! Compensation 2:1 E
!l}~t be m.ustbe
interdunal interduna1
wetland wetland
All other 1;1 8.:l l:.LRLCand 12'1
Category II 4:1 E
Category I - 6:l 12:1 1:1 RlC and 24:1
Forested lO:lE
ç1!.~ 1:1 8.:l l:LR!G.and 16'1
Q!!~t;d on 6.:JE
score for
functions
Category I Not considered 6:l Cas.e.-by-case Cas.~,cas.e
~ possib1e* Rehabilitation of
H~m!ll!;e site a.Natural
Heritage site
Category I - N'ot CoTl~!~~red 6:l Case-by-case Case-by-case
Coastal possible* Rehabilitation of
Lagoon a coastal lagoon
Category I ~ Not consider.e.d 6:l Case:Qy:.case Ç~..§.~by-case
ßgg possible* Rehabilitation of
a...hQg
Cate¡:::ory & Rf= Rehabilitation** 1: 1 Re- Enhancement
Tvne of establishment establisbwent ~
W-.e.tland or Creation or Creation
ŒLQ.and
.l'iI1Jlancement
æ
64 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
Miti~tion Ratios, continued
Case:-bv-case.6..:.l Case-by-case
ß~habilitation of
¡m estuarine
wetland
~.Natural Heritage sites, Ç...Qastallai!;oons, and bQgs are considereçl irreplaceable wetl~114s.
~nd therefore no amount 9,f compeflsation woul<!!~place these ecosystems. A voidanc~j~
the best option~ Tn the rare cases wheT\ impacts cannot be avoided. replacement ratios
win be..<!s§igned on acase-by-case basis. However, theset:ali.os will be significantly
hi.gher than the..other ratios. for Category I wetlands.
~.Rehabilitatj9n ratios are based on J!:t~ assumption that actions judgeq J9J2e most
effective for that site are bei~ implemented.
Category I -
Estuarine
Case-by-case
8. Preservation. Impacts to wetlands and wetland buffers may be
mitir-ated by preservation of wetland areas when used in combination with
other forms of mitigation such as creation. restoration. or ellhancernent at
the preservation site or at a separate location. Preservation may also be
used by itself. but more restrictions apply as outlined below.
a. Pre.servation 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
Caterory III or IV wetland;
ii. Preservation of a high quality systemoc.curs 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);
111. 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 fonns of mitigation sball ranf.~ from 1 Q~ 1 to
20: 1, as detennined on a case-by-case basis. depending
upon the quality ofthe 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 followiIW; criteria are met
i. Preservation is used as a form of compensation only
after the standard sequencing of mitigation (i.e,-,- avoid.
millimize. and then compensate) has been applied;
65 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
9..
ii. Creation, restoration, and el1hancement
opportunities have also been considered, and preservation
is the best mitigation option;
iii. The impact area is smalLand/or impacts are to a
Catepory 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. PresefYation 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.
plarmed, or likely actions that are not adequately protected
under existing regulations (e.g., logging of forested
wetlands»; and
yii. The area proposed for preservation is of high
quality and critical for the health of the watershed or basin.
Some of the followinr. features maybe indicative of high
quality sites: (1) Category I or 1I wetland rating; (2) rare
wetland type (e.r.., bogs, mature forested wetlands,
estuaries); (3) habitat for threatened or endangered species;
(4) wetland type that is rare in the area.; (5) provid~
biological and/or hydrological connectivity; (6) high
regional or watershed importance (e.g., listed as priority
site in watershed plan); (7) large size with high species
diversity (plants and/or animals) and/or high. abundance;
viii. Mitization 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 J:esources lost.
Wetland mitigation banks.
a. Credits from a wetland mitigation bank may be approved
for use as compensation for unavoidable impacts to wetlands
when:
1. The bank is certified under Chapter 173-700;
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.
66 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
b. Replacement ratios for projects usiur. bank credits shall be
consistent with replacement ratios specified in the bank's
certifi cation.
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. Tn some cases, baIlk service
areas may include portions of more than one adiacent drainage
basin for specific wetland functions. and such areas my encompass
a portion or all of more than one political iurisdiction.
1. If the director determines that alteration of a wetland and/or
wctland buffer has occurred or is neccssury and unavoidable, or that all
reasonable usc has been dcnied, thc applicant shall take delibcrate
measures to minimizc wctland impacts. Minimizing-impacts to wetlands
shall includc buHs-nøt limited to:
a. Avoiding the impact altogether by not taking a certain
action or by limiting thc dcgrec or magnitudc of thc rcgulated
aetioa;
b. Using appropriatc and bcst management practices;
c. Incorporating sensitive site design and locating facilttics
and construction staging arcas away from regulated wetlands and
their buffers;
d. Involving qualified wetland and wildlifc professionals carly
in site planning;
e. Providing protective measures such as siltation curtains,
scheduling the development activity to avoid interfercncc with
wildlifc and fishcrics rcaring, resting, nesting, or spawning
activities;
f. Rectifying thc impact by repairing, rehabilitating or
festoring the-affected environment;
g. Compensating for the impact by replacing, enhancing or
providing substitutc rcsourees or environmcnts.
2. Compensatory Mitigation for W ctlands Impacts in Unplatted
Areas. As a condition for any pennit allowing altcrntion of wetlands
and/or wetland buffcrs in unplatted areas, the director shall require that the
applicant engage in the restoration, crcation or enhanccrncnt of
rcplaccmcnt wetlands in order to offset the impacts resulting from the
applicant's actions. The applicant shall develop a plan that providcs for
land acquisition, construction, maintenancc and-monitoring ofreplaccrnent
wetlands that recreate as nearly as poosible the original wetlands in tcrrns
of acre-age, function, classification and geographic sctting.
a. In approving alteration or crcation of a-wetland, the director
shall require that an arca larger than the altcred portion of the
wetland bc provided as compensation for destruction of the
functions of thc altered wetland and to assure that such functional
valucs fifC rcplaced. The following ratios appl-y to creation or
restoration which is in kind, on-site, timed prior to or concurrent
67 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
with alteration, and has a high probability of success. Thc first
numbcr specifies thc acreagc of wetlands requiring replacement
and thc second specifies thc acreage of wetlands altcred.
Catcgory 16:1
Catcgory II or III:
i) Forested 3:1
ii) Scrub shrub 2: 1
iii) Emcrgent 1.5: 1
Category IV 1.25: 1
b. Thc director may increase thc ratios under thc following
circumstances:
i. Uncertainty as to thc probable success of thc
proposed restoration or creation;
ii. Significant period of time between dcstruction and
rcplication ofwctland functions;
iii. Projected losscs in functional valuc;
iv. Thc relocation is off sitc or the replacement is with
out of kind compensation.
c. Thc director may decrease these ratios if thc findings of a
wetlands mitigation plan demonstrate that no nct loss of wetland
functional valucs will rcsult from the decreased ratio.
d. In no case shall thc replacement acrcagc bc lcss than that
which is altered.
c. When wctland compcnsation is allowed, but whcrc thc
probable succcss of thc proposed restoration or crcation is
uncertain; thc director should require that the wetland
compcnsation be completed and functioning prior to allowing the
existing wetland to bc filled or altered.
f. W ctland compcnsation shall not be allowed for Category I
wctlands having high quality terrestrial habitat.
g. Thc director may limit ccrtain development activitics near a
wetland to specific months in order to minimize impacts on
wctland functional vnlucs.
h. Thc director may apply additional conditions or
restrictions, or require specific- construction techniques in ordef' to
minimim impacts on wetland functional valucs.
3. Compcnsating for Wctland Impacts in Platted Arcas. Wetland and
buffcr alteration in platted areas shall be subject to the following
requirements:
a. The development is the minimum necessary to allow a
rcasonable use undcr PTMC 19.05.050D;
b. Each dcvelopmcnt shall be designed to minimize overall
wetland or buffcr alteration to thc grcatcst cxtent possible;
c. Construction techniqucs and field marking shall be
approved by the director prior to site disturbance to ensure minimal
encroachment;
68 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
G.
d. A mitigation plan shall bc prepared in accordance with this
section;
e. The director may require thc applicant to cnhancc a
wetland or its-butTe¡: by removing debris, sediment, non native
vcgctation, or other matcrial detrimcntal to thc arca, by rcplanting
disturbed vcgetation with nativc vcgetation, or by othcr means
deemed appropriate by thc director. Enhancement or restorution
may be required at any time that a condition detrimental to water
quality or habitat exists.
Cooperativc Restorution, Creation or Enhancement Projects.
a. Cooperativc Restoration, Crootion or Enhanccmcnt
Projects: The city may encourngc, faeilitatc and approve
coopcrntive projects whercin a single applicant or other
organization with demonstrated capability may undcrtuke a
compensation project with funding from other applicants undcr the
following circumstances:
i. Restoration, creation or enhancerncnt at a pnrtieulUf
3ite may be scientifically difficult or impossible; or
ii. Crcation or restoration of one largcr wetland may be
preferable to many small wetlands.
Persons propooing cooperativc compensation projects shall:
i. Submit a joint pennit application;
ii. Demonstrate compliancc with all standards;
iii. Demonstrate the organizational and fiscal capability
to act cooperatively;
iv. Demonstrate that long term managcment can and
will be provided.
5. Where the applicants voluntarily wish to pursuc it, pursuant to thc
provisions of Chapter 82.02 RCW, the city may crcate a mitigation fund
for thc purposc-of providing a coopcrntive restoration project in prcviously
platted areas.
a. The mitigation fund shull be used for thc replacement,
restoration, preservation or cnhancement of wetlands functions and
vulucs. Once a rcstoration site has been idcntified, such projects
shall meet all other requirements foF mitigation plans found in this
ehnptcr; and
b. Payment to thc mitigation fund may be asscssed to
individual applicants after all other steps to avoid and minimize
adverse impacts resulting from alteration of regulated wetlands;
c. The mitigation fund assessment shull be set by council
resolution and will be based on thc value of the anticipated square
foot coot ofthe compensation project. Thesc fecs shall be
reevaluated as final dcvdopmcnt regulations for cnvironmentally
3ensitivc areas are adopted, or until such time that thc city has
prepared and adopted a coopcrative restoration plan.
Wetland Mitigation/Compensation Plan Requirements.
1.
b.
69 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
H.
1. When wetland alteration is permitted by this chapter, a mitigation
plan shall be required to describe the methods the applicant will use to
minimize impacts to wetland functions and values. A detailed mitigation
plan shall be approved by the director prior to any development activity
occurring on a lot upon which wetland or wetland buffer alteration,
restoration, creation or enhancement is proposed (see procedurcs manual
for more detailed mitigation plan contcnt3). The mitigation plan shall be
prepared by a qualified (wetlands) sensitive critical area consultant using
accepted methodologies, shall include information as required by the
director, and shall:
a. Include a baseline study that quantifies the existing
functions and values ofthe wetland, the function and values that
will be lost due to compensation, and the functions and values of
the wetland to be created, restored or enhanced; and
b. Specify how functions and values will be preserved or
replaced; and, how impacts will be avoided, minimized or
compensated for; and
c. Establish goals and objectives for the mitigation plan; and
d. Specify within the mitigation plan written specifications for
grading, sedimentation and erosion control, revegetation, hydrau-
lic analysis, staging of construction areas, appropriate diagrams
and drawings, and recommended construction practices; and
e. 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
f. Include a contingency plan specifying what corrective
actions will be taken should the mitigation not be successful; and
g. Include provisions for maintenance bonding or other
security acceptable to the director to assure that work is completed
in accordance with the mitigation plan and that restoration or
rehabilitation is performed in accordance with the contingency
plan if mitigation failure results within five years of
implementation.
Performance Bonds and Demonstration of Competence.
1. A demonstration of financial resources, administrative, supervisory
and technical competence and scientific expertise of sufficient standing to
successfully execute the compensation project shall be provided by the
applicant.
2. A compensation project manager shall be named and the
qualifications of each team member involved in preparing the mitigation
plan and implementing and supervising the project shall be provided,
including educational background and areas of expertise, training and
experience with comparable projects.
3. In addition, bonds Bonds or other security acceptable to the
director ensuring fulfillment of the compensation project, monitoring
70 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
program, and any contingency measure shall be posted in the amount of
120 percent of the expected cost of compensation.
1. Special Reports. The following special reports shall be provided either
separately or as one comprehensive report. Contents and methods may be more
fully detailed a3 morc fully àclincated in the procedures manual te that may be
adopted administratively:
1. The wetlands delineation ~ 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 sbeets, 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 reporti. An assessment of anticipated impacts
(direct, indirect, and cumulative) and mitigation me.asures necessary to
comply with the city's requirement to achieve no net loss to wetland
functions and values.
3. The mitigation/compensation plan. Assessment ofthe
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 m1tif.ation 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. 2319 § 1, 1992; Ord. 2899 §1, 2005).
19.05.120 Violations and penalties.
A. Director's Authority. Whenever the director or hi3 or her dcsigncc
f'dircctor") 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 20.10 PTMC Applicable. All violations of any provision of this
chapter or incorporated standards, or of any pennit issued hereunder, are made
subject to the provisions of Chapter 20.10 PTMC. The director is authorized to
order correction and discontinuance of any violative condition of the provisions of
this chapter under the procedures of Chapter 20.10 PTMC, which provide for
voluntary correction orders, formal notice and orders to correct the violation,
abatement orders, stop work and emergency orders and assessment of civil
penalties.
C. Order to Cease Violation. Whenever any such violative condition is found,
pending commencement and completion of the voluntary correction and/or notice
and order procedures of Chapter 20.10 PTMC, the director may order the
cessation of activity causing the violative condition by notice in writing served on
71 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
or mailed to the person(s) engaged in or causing such condition. The effect of
such order shall be to require immediate cessation of any activity causing the
violative condition. Such order shall not be affected by any right of appeal
afforded by this or any other code provision.
D. Public Nuisance. All violations of this chapter and standards required
thereby are determined to be detrimental to the public health, safety, and welfare
and are public nuisances. All conditions which are determined by the director to
be in violation of this chapter or standards required thereby shall be subject to the
provisions of this chapter and shall be corrected by any reasonable and lawful
means, as provided in Chapter 20.10 PTMC.
E. Alternative Remedies. As an alternative to any other judicial or
administrative remedy provided in this chapter or by law or other ordinance, any
person who willfully or knowingly violates or fails to comply with any stop work
order or emergency order, issued pursuant to Chapter 20.10 PTMC is guilty of a
misdemeanor and upon conviction shall be punished as provided in PTMC
20.10.060. Each day such violation or failure to comply continues shall be
considered an additional misdemeanor offense. (Ord. 2512 § 2, 1996; Ord. 2899
§1,200S).
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 perfonnance bond or other security
acceptable to the director.
2. The amount and the conditions of the bond or other security shall
be consistent with the purposes of this chapter.
3. In the event of breach of any condition of any such bond or other
security, the director may institute an action in a court of competent
jurisdiction upon such bond or other security device and prosecute the
same to 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 pennit 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.
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
B.
72 of 74
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS
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. 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. 2319 § 1, 1992).
19.05.150 Suspension - Revocation.
In addition to enforcement procedures and penalties provided for in Chapter 20.10
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. 2512 § 3,1996; Ord. 2319 § 1, 1992).
19.05.160 Amendments.
These regulations and the city inventory maps may from time to time be amended in
accordance with the procedures and requirements in the general statutes and as new
information concerning environmentally sensitive critical areas becomes available. (Ord.
2319 § 1, 1992; Ord. ?899 §1, 2005).
19.05.170 Severability.
If any clause, sentcnec, paragraph, section or part of this chaptcr or the application
thereof to any pcrson or circumstonccs 3hall be adjudged by any court of competent
jurisdiction to be invalid, such ordcr or judgmcnt shall be confined in its opef'ation to the
controvef'sy in which it was rcndcred and shall not affect or invalidate thci'cmaindcr of
any part thcreofto any othcr person or circUß13tances and-to this end the provisions of
ooch clausc, sentence, paragraph, section or part of this law are hereby declared to be
sevcrablc. Tn the event any one or more of the provisions of this ordinance shall for any
reason be held to be invalid, such invalidity shall not affect or invalidate any other
provision of this ordinance, but this ordinance shall be construed and enforced as if such
invalid provision had not been contained therein; PROVIDED, that any provision which
73 of74
Exhibit A to Ordinance 2899
PTMC 19.05 ~ CRITICAL AREAS
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. 2319 § 1, 1992~ Ord. 2899 § 1,2005).
19.05.180 Assessment relief.
A. The Jefferson County assessor's office shall consider 3ensitivc critical area
regulations in determining the fair market value of land.
B. Any owncr of an undeveloped scnsitive critical area property who has
which has recorded upon it dedicated an easement or cntcrcd into a 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. 2319 § 1, 1992~ Ord, 2899 §1. 7005).
19.05.190 Limitation of actions.
Any final decision of the director or the city council under this chapter shall be final and
conclusive unless within 30 days of the date the decision is issued, a party of record
makes application to the Jefferson County Superior Court for a writ of review
challenging the decision. (Ord. 2319 § 1,1992).
740174
Exhibit A to Ordinance 2899
PTMC 19.05 - CRITICAL AREAS