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HomeMy WebLinkAbout2371 Amending Ordinance 2348 - Accepting the State Department of Ecology's (DOE) Modifications to the Port Townsend Shoreline Management Master ProgramAN ORDINANCE pertaining to shoreline management, accepting minor modifications proposed by the Washington State Department of Ecology to Ordinance 2348 which amended the Port Townsend Shoreline Management Master Program provisions pertaining to Aquaculture, and providing an effective date therefore. The City Council of the City of Port Townsend finds as follows: On April 19, 1993, the City Council enacted Ordinance 2348, amending the Port Townsend Shoreline Master Program with respect to Aquaculture and referred the amendments to the Washington State Department of Ecology (DOE) for review and approval. By letter dated August 5, 1993, DOE presented certain minor modifications to Ordinance 2348. The City Council finds these proposed amendments minor and insubstantial in scope and desirable improvements to the Port Townsend Shoreline Master Program. Now, therefore, the Port Townsend City Council hereby ordains as follows: Section 1. Section 5 of Ordinance 2348 and Subsection 5.30 Aquaculture of the Port Townsend Shoreline Master Program are each hereby amended to read as follows: Del'tuitions Aquaculture is the farming or culturing of aquatic organisms. Aquaculture encompasses a wide variety of activities including hatching, seeding, planting, cultivating, feeding, raising, and harvesting of plants and animals. These activities may have widely differing impacts on the aquatic and shoreline environment. Those activities which do not meet the definition of development in this Master Program, such as beach culturing and hand harvesting, are not subject to the shoreline permit requirements of the Shoreline Management Act and this Master Program. Aquaculture can be carded out in subtidal, intertidal, upland, and fresh water areas. The subtidal area is seaward of the line of extreme low tide. The intertidal area is seaward of the ordinary high water mark and landward of the line of extreme low tide. The upland area is landward of the ordinary high water mark. Intensive aquaculture development is the rearing within structures of aquatic organisms that are fed by the operator. Intensive aquaculture developments produce wastes in the form of feces, urine, and unconsumed feed that may affect the bottom environment and water quality. Extensive aquaculture development is the rearing within structures of aquatic organisms that feed on a naturally-occurring food supply. Passive aquaculture is the non-structural cultivation and/or harvest of naturally occurring or artificially seeded aquatic organisms that feed on a naturally occurring food supply. Passive aquaculture may include the cultivation and/or harvest of clams, oysters, geoducks, ghost shrimp and other organisms in intertidal or subtidal areas. Passive aquaculture may also include measures to maintain or enhance the natural habitat characteristics necessary for successful propagation and growth of cultivated or wild aquatic organisms. On marine shorelines these measures could include adding gravel to shellfish beds in order to improve shellfish habitat or creating artificial reefs. These enhancement measures would be reviewed as passive aquaculture and be subject to the other applicable policies and performance standards of this Master Program., Aquaculture is further divided into floating aquaculture, where organisms are suspended in water by pens, nets, or lines; seabed aquaculture where organisms are cultivated and harvested along the bed of a body of water; and upland aquaculture where organisms are grown landward of the ordinary high water mark. For the purposes of these regulations, accessory development such as offices, wholesale and retail sales, processing, packaging, and product storage facilities are not considered aquaculture practices and shall be reviewed as commercial development when conducted within the shoreline jurisdiction. Bleeding of fish shall not be considered as fish processing if blood is collected on-site and then disposed of upland consistent with applicable regulations. PoHci~ The City of Port Townsend encourages aquaculture that is consistent with the City's goals of maintaining water quality and minimizing incompatible uses. Potential locations for aquaculture developments are limited due to factors such as water quality, water temperature and depth, substrate, dissolved oxygen, wave action, and, in marine water, salinity. Priority should be given to aquaculture development in areas suitable for it, so long as those operations do not materially interfere with existing activities or degrade natural resources. Aquaculture developments should locate in areas where bio-physical conditions, such as tidal currents and water temperature and depth will minimize environmental impacts. Potential conflicts with adjacent land uses or other uses such as commercial fishing, recreation, and navigation should be considered in the review of proposed aquaculture developments. Developments should not be permitted where they would materially interfere with existing uses. 2 (Port Townsend, 8/93) Consideration should be given to the positive or negative effects that aquaculture developments may have on the aesthetic quality of the shoreline. Aquaculture developments should be separated by a sufficient distance to ensure that significant adverse cumulative impacts do not occur. Aquaculture developments should not locate in areas where the ecological quality of the shoreline environment would be significantly degraded. Aquaculture developments should be designed and located to ensure that they do not have a significant adverse impact on natural dynamic processes of shoreline formation or change. Aquaculture developments should not degrade critical habitat areas. Aquaculture developments should not interfere with the migration of aquatic organisms except where specifically intended by the design or operation of the facility. 10. Preference should be given to locations and technologies that minimize adverse impacts to navigation and to the ecological and aesthetic quality of the state's shorelines. 11. Aquaculture developments which require structures should be prohibited in wetlands and estuaries that are natural environmental designations in this Master Program. 12. Aquaculture activities should make minimal and appropriate use of approved pesticides, herbicides, antibiotics, vaccines, growth stimulants, or other chemicals. 13. Only Federal and State approved anti-fouling agents should be used in aquaculture developments, 14. Established aquaculture operations should be protected from incompatible uses which may seek to locate nearby. Demonstration of a probability that such an adjacent use would result in damage to, or destruction of such an aquaculture operation should be grounds for the denial of that use. Performance Standards Applications for shoreline permits for aquaculture developments shall provide relevant information as follows: ao All Aquaculture Developments: Applications for shoreline permits for all aquaculture developments shall include a management plan which shall contai'n a description of: (Port Townsend, 8/93) Co do 2. 3. 4. 5. 6. o 11. 12. Existing shoreline and bathymetric features; Schedule of development; Species to be cultured and their sources; Culture methods; Types and dimensions of structures; Estimated pounds, numbers, or volume to be harvested per year and maximum pounds, numbers, or volume to be cultured at any time; Feed type and amount and feeding method, if applicable; Types, quantities, and treatment schedules for proposed use of pesticides, herbicides, hormones, antibiotics, vaccines, or other chemicals. Predator control methods; Anticipated levels of noise, light, and odor and plans for minimizing their impacts. Waste disposal plan listing the types and quantities of anticipated waste materials and proposed disposal methods. This plan shall include mortalities, human wastes, aquaculture by-products, toxic materials, and operational solid wastes such as feed bags and garbage. The City of Port Townsend shall reserve the right to require additional information as deemed appropriate. Extensive Intertidal and Subtidal Aquaculture Developments: In addition to lA above, applications for shoreline permits for extensive intertidal and subtidal aquaculture developments shall include a site characterization containing at a minimum: Population densities and location of geoducks, hardshell clams, Dung.ness crabs, fish, sea urchins, sea cucumbers, scallops, abalone, and shrimp and attached marine vegetation including eel grass, kelp beds, and macro algae. Description of tidal current velocities and directions and the magnitude and direction of prevailing storm winds and waves. Intensive Subtidal Aquaculture Developments: In addition to lA above, applications for shoreline permits for intensive subtidal aquaculture developments shall include a site characterization and baseline survey as required by the Recommended Interim Guidelines for the Management of Salmon Net Pen Culture in Puget Sound, the Preferred Alternative of the Final Programmatic EIS for Fish Culture in Floating Net- Pens, or subsequently State approved documents. Intensive and Extensive Upland Aquaculture Developments: In addition to lA above, applications for shoreline permits for intensive and extensive upland aquaculture developments shall provide a detailed analysis of 4 (Port Townsend, 8/93) e potential impacts to animals, plants, and water quality due to the discharge of waste water from the development in conformance with the applicable Washington State Department of Ecology waste water discharge permit. Floating A~_uaculture Development: Applications for shoreline permits for floating aquaculture development shall include a visual assessment conforming to the Washington State Department of Ecology's Aquaculture Siting Study and a photo or computer simulation demonstrating the development's appearance from the nearest shore, from atop the nearest shore bank, and from typical shore and bank-top view points if any within 1,500 feet. Delayed release enhancement facilities which are sited in existing marinas shall not be required to provide this information. fe Applications for shoreline permits for subtidal aquaculture developments shall provide proof of application for an aquatic lands lease from the Washington State Department of Natural Resources. Applications for the mechanical or hydraulic harvesting of subtidal and intertidal benthic infauna such as hardshell clams or geoducks shall provide a written assessment for each tract area containing the following information: 2. 3. 4. 5. 6. 7. 8. 9. Tract size and location; Harvesting techniques; Resource and resource abundance (amount, distribution, and diversity); Associated flora and fauna (amount, distribution, and diversity); Substrate composition; Relationship to an approved state-wide management plan; Relationship to other permits, rules, and regulations; Assessment of tidal current direction and velocity; Proposed method for marking tract boundary. Operators of aquaculture developments shall provide relevant reports as follows: a. Extensive Intertidal and Subtidal Aquaculture Developments: Operators of extensive intertidal and subtidal aquaculture developments shall submit to the City of Port Townsend Planning and Building Department: Copies of any regular reports required by the Washington State Department of Fisheries regarding environmental assessment; Timely notification of mortalities above the predicted rate and the likely cause. Intensive Subtidal Aquaculture Developments: Operators of intensive subtidal aquaculture developments shall submit the following to the City of Port Townsend Planning and Building Department: 5 (Port Townsend, 8/93) e Copies of reports detailing the findings of regular monitoring as required by the Recommended Interim Guidelines for the Management of Salmon Net Pen Culture in Puget Sound, the Preferred Alternative of the Final Programmatic (EIS) for Fish Culture in Floating Net-Pens, National Pollutant Discharge Elimination System permits (NPDES) or subsequently adopted documents; Timely notification of mortalities above the expected rate and the likely cause; Timely notification of detected escapement and the likely cause. Application records of any chemicals used in conjunction with the operation including feed hormones or additives for disease control,or hazardous materials. Intensive and Extensive Upland Aquaculture Developments: Operators of intensive and extensive upland aquaculture developments shall submit to the City of Port Townsend Planning and Building Department:. Copies of monitoring reports as required for conformance with the Washington State Department of Ecology waste water discharge permit requirements. Timely notification of mortalities above the expected rate and the likely cause. Application records of any chemicals used in conjunction with the operation including feed hormones or additives for disease control, tank cleaning chemicals, oil or other hazardous material. Aquaculture developments shall not be approved in narrow channels, shipping lanes, or in other areas where they are a significant hazard to navigation. Applicants for floating aquaculture developments shall demonstrate through a visual assessment that the development would have no significant adverse impact on the aesthetic quality of the shoreline. Floating aquaculture developments shall be sited and oriented in a manner that most effectively disperses their waste products and minimizes water quality degradation. Aquaculture developments shall be separated by a sufficient distance to ensure that significant adverse cumulative impacts do not occur. Intensive aquaculture developments shall be sited no clOser than two (2) nautical miles from the mouths of Type 1 rivers and streams and one nautical mile from Type II streams provided that a lesser standard may prevail based on a finding by the 6 (Port Townsend, 8/93) 10. 11. 12. 13. 14. 15. Washington Department of Fisheries that no adverse impact would result. Delayed release finfish_developments, hatcheries, and upland tank farms shall be exempt from this regulation. Applicants for aquaculture development shall demonstrate that the proposal will not result in adverse impacts to estuaries that are designated Natural in this Master Program or to the Protection Island National Wildlife Refuge. Intensive subtidal aquaculture developments shall not be located within 300 feet of habitats of special significance as defined in the Recommended Interim Guidelines for the Management of Salmon Net Pen Culture in Puget Sound. Habitats of special significance include, but are not limited to, eel grass and kelp beds, rocky reefs, geoduck, and hardshell clam beds, and significant populations of Dungeness crabs, herring, and finfish such as ling cod, true cod, sole and flounder, rock fish, cabezone, and sea perch. Intensive subtidal aquaculture developments shall not be located within 1,500 feet of bird and wildlife habitats of special significance including seal and sea lion haulout areas, seabird nesting sites or colonies, and areas specifically identified as critical for feeding or migration of birds and mammals. Aquaculture developments shall be located so as not to materially interfere with navigational access to waterfront property, public recreation areas, or be incompatible with the Port Townsend Urban Waterfront Special District. Aquaculture developments shall obtain all required state and federal waste discharge permits prior to commencing operation. Copies of all waste discharge permits shall be provided to the City of Port Townsend Planning and Building Department. Aquaculture developments shall be designed and constructed to be as compatible as possible with the local shoreline environment and adjacent land uses. Aquacultural structures and equipment shall be of appropriate construction and shall be adequately maintained. Abandoned or unsafe structures and equipment shall be removed or repaired promptly by the owner. Maximum surface area encompassed by intensive subtidal aquaculture developments shall not exceed two (2) acres. Reflected glare or direct light generated by aquaculture developments other than that produced by navigational aids shall be minimized to the greatest extent possible. Lighting fixtures shall be designed and hooded to prevent the light source from being directly visible from outside the boundaries of the property. The intensity or brightness of all lighting shall not adversely affect impact water areas and vessel traffic or the use of surrounding properties or adjacent rights-of-way. 7 (Port Townsend, 8/93) ,~$7/ 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. The operators of aquaculture developments shall control odor through the proper storage and disposal of feed and other organic materials and by maintaining a clean operation. A specific plan for identifying and controlling odors shall be developed and approved as part of the permit approval process. Overwater structures appurtenant to floating aquaculture developments such as work shelters, sleeping quarters, and storage sheds shall be prohibited. An attendant workboat which is used for regular navigation and also provides the above functions and sanitary facilities may be approved and conditioned. Total height of floating structures and associated equipment shall not exceed six feet in height above the water's surface. Only non-lethal predator control measures shall be used against birds and mammals. Predator control methods shall comply with appropriate federal and state rules. Aquaculture activities shall make minimal and appropriate use of approved pesticides, herbicides, antibiotics, vaccines, growth stimulants, or other chemicals. Operators shall receive prior review and approval from the appropriate federal and state agencies. Only state and federal approved anti-foulants shall be used in aqUaculture developments. Waste materials or aquaculture by-products except shellfish shells shall not be disposed of in the aquatic zone. Wastes disposed of upland shall meet all applicable state and county waste disposal standards. Processing of aquaculture products shall not occur in or over the water except for sorting or culling of cultured organisms and washing or removal of surface materials or organisms. All other processing facilities shall be located on land and shall be governed by the applicable policies and performance standards of this Master Program when located within the shoreline jurisdiction. Proposals for the mechanical harvesting of subtidal and intertidal benthic fauna such as hardshell clams that involve substantial substrate modification shall be evaluated using the policies and performance standards of Section 5.70 Dredging in addition to the provisions of this section. Aquaculture developments that require structures shall be prohibited in wetlands and estuaries which are Natural environmental designations in this Master Program. Aquaculture developments that culture fin fish shall only use offspring of brood stock that has been approved by appropriate state and federal agencies. Records of the 8 (Port Townsend, 8/93) 27. 28. source of brood stock and the genetic background of smolts shall be maintained and made available to the City upon request. Upland aquaculture developments in Suburban and Conservancy designations shall be screened from view from adjacent residential or recreational areas by fences, berms, and/or vegetative buffers. Floating aquaculture developments shall not be located within 1,500 feet of public parks and designated Historic Districts unless a visual assessment demonstrates that no significant impact on the character of those areas would result. Section 2. Section 6 of Ordinance 2348 and Subsection 5.50 Commercial Development of the Port Townsend Shoreline Master Program are each hereby amended to read as follows: COMMERCIAL DEVELOPMENT Performance Standards 11. Upland commercial or industrial structures (in Suburban c,r Cc, n~ervancy d~-ig~ti~)) shall be screened from view from adjacent residential or recreational areas by fences, berms, and/or vegetative buffers. Section 3. Section 7 of Ordinance 2348 and Subsection 5.70 Dredging of the Port Townsend Shoreline Master Program are each hereby amended to read as follows: 5.70 DREDGING Performance Standards 10. Proposals for the mechanical harvesting of subtidal and intertidal benthic infauna such as hardshell clams, excluding geoduck harvesting using handheld eo_u~ment, shall be processed as conditional uses under the policies and performance standards of this section if they involve substantial substrate modification through dredging, trenching, digging, or adverse sedimentation. 11. Proposals for the mechanical harvesting of subtidal and intertidal benthic infauna such as hardshell clams that involve substantial substrate modification shall not be permitted in kelp beds or in eel grass beds unless approved by the Washington State Department of Fisheries. 9 (Port TOwnsend, 8/93) Section 4. Section 8 of Ordinance 2348 and Subsection 5.90 Industrial and Port Facilities of the Port Townsend Shoreline Master Program are each hereby amended to read as follows: 5.90 INDUSTRIAL AND PORT FACILITIES Performance Standards 15. Upland commercial or industrial structures ((in,,,.,,~,u,~.~"~'"-~' d,~o.~, ........ )) shall be screened from view from adjacent residential or recreational areas by fences, berms, and/or vegetative buffers. Section 5. Severability: In the event that 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 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. Section 6. Effective Date: This ordinance shall become effective five days after its passage and publication. Read for the first, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this Ig r~ day of ~°h;~' C/~lis; May°r ,o Atfest: ~..-/.~. ~ i~avid P~. Grove~ty Clerk Dehni~ ~cLerran~ City Xt"t'o~ey First reading: ~/~b~ Passage: Second reading: ,ff./~.~d Publication: Third reading: ,~./~ Effective: ~/~ I0 (Port Townsend, 8/93)