020-22 - Ordinance - Amending Section 20.162.044 Definitions, Generally for Wetland, IsolatedDocuSign Envelope ID: 134CC14A-FBF7-4A37-AFB2-82A9OF2FOAEF
ORDINANCE NO. 020-22
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REGARDING CRITICAL AREAS REGULATIONS, AMENDING SECTION
20.162.044 (DEFINITIONS, GENERALLY) OF THE PORT ORCHARD
MUNICIPAL CODE TO UPDATE THE DEFINITION FOR "WETLAND,
ISOLATED"; PROVIDING FOR SEVERABILITY AND CORRECTIONS;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on March 12, 2019, the City Council adopted Title 20 (Unified Land Use and
Development Code) of the Port Orchard Municipal Code (POMC), Ord. 011-19, containing the City of
Port Orchard's land use, zoning and permitting regulations; and
WHEREAS, the City Council desires to amend POMC Section 20.162.044 (Definitions, generally)
to amend the definition of "wetland, isolated"; and
WHEREAS, this Ordinance was submitted to the Department of Commerce for 15-day
expedited review on May 5, 2022 which was granted by Commerce and the requisite time has now
passed to allow this ordinance to be adopted; and
WHEREAS, on May 6, 2022, the City's SEPA official issued a determination of nonsignificance
for the proposed amendment, which was published and provided to the public in accordance with
POMC 20.160.190 and WAC 197-11-510, and there have been no appeals; and
WHEREAS, on May 24, 2022, the City issued a Notice of Public Hearing for the proposed
amendment to POMC 20.162.044, which was published and provided to the public in accordance
with POMC 20.25.050; and
WHEREAS, the Planning Commission conducted a public hearing on the substance of this
Ordinance on June 7, 2022, and recommended adoption by the City Council; and
WHEREAS, the City Council, after careful consideration of the recommendation from the
Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is
consistent with the City's Comprehensive Plan and development regulations, the Growth
Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best interests
of the residents of the City and further advance the public health, safety and welfare; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN
AS FOLLOWS:
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Ordinance No. 020-22
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SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated
as if fully set forth herein.
SECTION 2. The definition for "Wetland, isolated" contained within POMC 20.162.044
Definitions, generally —is hereby revised to read as follows:
"Wetlands, isolated" means a wetland that is
aquatic ces,as deteF-Fnined by the Unit
based on its geographic isolation, ecological isolation, or hydrologic isolation. Isolated
wetlands are defined by a very specific type of hydrologic isolation —they do not have
a surface outlet by which water leaves the wetland, even seasonally, to another
water body. Isolated wetlands can also be sloped wetlands where surface waterif
resent, re-enters the shallow groundwater zone at the base of the wetland and is
not linked via surface flows to a downstream water body. Any project involving filling
or altering a wetland that meets this definition of isolated wetland is subject to
regulation by the State Department of Ecology under the Water Pollution Control Act
(90.48 RCW), in addition to the provisions in this chapter. An isolated wetland may
also be regulated by the US Army Corps of EnZineers under the Clean Water Act.
Dredge or fill of a federally regulated wetland is regulated by the US Army Corps of
Engineers under the Clean Water Act and altering a federally -regulated wetland may
require federal review.
SECTION 3. Conflict. In the event of a conflict between this Ordinance, and any
Ordinance or regulation of the City, the provisions of this Ordinance shall control, except that the
provisions of the City's critical areas code, shoreline master program or any International Building
Code shall supersede.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance, including
but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering,
section/subsection numbers, and any reference thereto.
SECTION 5. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not
affect the validity of the remaining parts of this ordinance.
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Ordinance No. 020-22
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SECTION 6. Effective Date. This ordinance shall be published in the official
newspaper of the city and shall take full force and effect five (5) days after the date of publication.
A summary of this ordinance in the form of the ordinance title may be published in lieu of
publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 14t" day of June 2022.
ATTEST:
DocuSigned by:
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Brandy Wallace, MMC, City Clerk
DocuSigned by:
Charlotte A. Archer, City Attorney
PUBLISHED: June 17, 2022
EFFECTIVE DATE: June 22, 2022
DocuSigned by:
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Robert Putaansuu, Mayor
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Scott Diener, Councilmember
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