HomeMy WebLinkAboutDecember 3, 2024, Planning Commission Meeting PacketCITY OF PORT ORCHARD
DEPARTMENT OF COMMUNITY DEVELOPMENT
216 Prospect Street, Port Orchard, WA 98366
Ph.: (360) 874-5533 • FAX: (360) 876-4980
PLANNING COMMISSION STAFF REPORT
Agenda Item No: 5(a) Meeting Date: December 3, 2024
Middle Housing Model
Ordinance -
Subject: HB 1110 Implementation
Prepared by: Nick Bond, AICP, Development
Director
Issue: The City of Port Orchard proposes to amend the Port Orchard Municipal Code to implement the
middle housing requirements mandated by House Bill 1110 (2023) and ESHB 2321 (2024). Earlier this year,
the Planning Commission and the City Council reviewed the Middle Housing Options Memorandum and
discussed the City Council's selection of Alternative 2 as the preferred approach to achieve compliance.
Since this issue was last discussed and the work associated with Comprehensive Plan Periodic Update
creating a more robust framework for implementation of these amendments, e Washington State
Department of Commerce released the Model Ordinance as a default regulatory framework for middle
housing in the event the City does not adopt the necessary amendments by the required deadlines.
House Bill 1110 requires cities of certain sizes, including Port Orchard, to permit middle housing forms in
residential zones. Middle housing, as defined in RCW 36.70A.030, includes housing types such as duplexes,
triplexes, fourplexes, and townhouses. These housing forms are intended to provide diverse, affordable
housing options, promote efficient land use, and enhance neighborhood accessibility.
Port Orchard is required to allow at least two units per lot in R1, R2, and R3 zones, which are currently
designated for single-family use. As Port Orchard's population grows and approaches the 25,000 threshold,
the city will need to plan for increased housing capacity in compliance with Tier Two requirements outlined
in HB 1110.
To guide implementation, staff prepared the Middle Housing Options Memorandum as required under the
City's Department of Commerce Middle Housing Grant (C087-23). The Memorandum provides:
• An overview of HB 1110 and ESHB 2321 requirements.
• An analysis of the City's Housing Action Plan and existing zoning regulations.
• Evaluation of three alternatives for implementing middle housing requirements.
The Memorandum was presented to the Planning Commission in May 2024 and on April 16, 2024 at the
City Council Work Study session, where the City Council selected Alternative 2 as the preferred approach.
Alternative 2 proposes to:
0 Redesignate R1 properties to R2 zoning districts.
• Repeal R1 zoning standards.
• Adopt middle housing building types consistent with HB 1110 and ESHB 2321.
This approach anticipates Port Orchard exceeding the 25,000-population threshold and aligns zoning
regulations with state mandates while preparing for future growth.
The Washington State Department of Commerce has published model ordinances to assist cities in meeting
middle housing requirements. These ordinances provide baseline regulatory standards and are tailored to
cities above and below the 25,000-population threshold. If Port Orchard does not adopt its own
amendments, the Tier 3 City model ordinance will serve as the default code. The model ordinances
emphasize flexibility, offering cities guidance on customizing middle housing standards to local needs.
The Planning Commission is requested to review the Middle Housing Memorandum in consideration of the
City Council's selection of Alternative 2, and consider the implications of the Department of Commerce
Model Ordinance if local amendments are not adopted. Throughout the coming months staff will bring
forward draft amendments to the POMC to implement Alternative 2 and will ask the Planning Commission
to provide feedback the draft amendments while offering the public an opportunity to provide feedback as
the draft amendments are produced. Later in Spring 2025, the Planning Commission will be asked to
schedule a public hearing to gather public testimony on proposed middle housing code amendments.
Attachments: Middle Housing Options Memorandum, Department of Commerce Model Ordinance for
Tier 1 and 2 Cities, and Department of Commerce Model Ordinance for Tier 3 Cities.
2
CITY OF PORT ORCHARD
Department of Community Development
s Nui;, 216 Prospect Street
Port Orchard, WA 98366
Phone (36o) 874-5533 - Fax (36o) 876-4980
Memorandum
To: The Port Orchard City Council
From: Nicholas Bond, AICP
Date: April 1, 2024
Re: Middle Housing Options - Implementation of Washington State Department of
Commerce Middle Housing Grant
At Issue:
In 2023, the Washington State Legislature passed House Bill 1110, requiring
significant changes to housing planning for many Washington cities. This legislation
mandates that cities of specific sizes and locations permit multiple dwelling units per
lot in areas that historically are exclusive to detached homes. In 2024, the
Legislature passed Engrossed Substitute House Bill 2321, which modified the
requirements created under HB 1110.
This memorandum has been prepared as a requirement of the City's Washington
State Department of Commerce Middle Housing Grant, which funds the City's efforts
to implement regulations to comply with these new laws. The City Council accepted
the grant in 2023 (Department of Commerce Interagency Agreement with the City of
Port Orchard ,Department of Commerce Contract Number 24-63326-132 and City
Contract Number 087-23).
This memorandum provides the City Council with the tools needed to evaluate the
available options for compliance with these new laws by outlining the requirements
of HB 1110 and ESHB 2321 and summarizing the City of Port Orchard Housing
Action Plan (accepted by the City Council on June 13, 2023 and accepted by
Commerce in June 2023) and associated 2023 community survey results, as well as
Middle Housing guidance provided by the Washington State Department of
Commerce. Finally, it serves as a guide for City decision -makers to implement the
new middle housing laws by providing a menu of options intended to increase the
availability of middle housing types, while considering the recommendations outlined
in the City of Port Orchard Housing Action Plan.
What is Middle Housing?
Page 1 of 22
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As defined in RCW 36.70A.030, "Middle housing" is a term used to refer to homes
that offer an option that is in the middle between detached single-family houses and
large multifamily complexes. Ideally, these buildings harmonize in scale, form, and
character with traditional single-family houses. Most commonly the term is used to
encompass two or more attached, stacked, or clustered homes such as duplexes,
triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard
apartments, and cottage housing.
These housing types
typically offer multiple
units within a single
structure, providing a
variety of living
arrangements and
densities within
neighborhoods.
,
Middle housing is
important in addressing
housing needs for o.
several reasons as it
promotes: `
.� iir � it � � � ®• -- .
Ile
Diverse I M
Housing
Options: Middle Exampfesofthe nine middle housrngtypes. Source: MAKERS
housing diversifies the housing stock within a community, catering to a
broader range of household sizes, incomes, and preferences. This variety
accommodates individuals and families at different stages of life, from young
professionals to empty nesters, and promotes inclusive and vibrant
neighborhoods.
Affordability: Middle housing often offers more affordable options than
single-family homes or large apartment complexes. By allowing for the
development of smaller, more compact units, middle housing helps increase
housing affordability, particularly in high -demand urban areas where land
costs are prohibitive.
Density and Efficient Land Use: Middle housing promotes higher residential
densities, which can lead to more efficient land use and support transit -
oriented development. By accommodating more housing units within existing
neighborhoods, middle housing reduces urban sprawl, preserves green
space, and fosters sustainable growth patterns.
Walkability and Accessibility: Middle housing encourages walkable
neighborhoods by increasing housing density and supporting mixed -use
development. This, in turn, enhances access to amenities, services, and
public transportation, reducing reliance on cars and promoting healthier, more
active lifestyles.
10850357.1 - 366922 - 0001
Where is Middle Housing Required?
The Legislature has adopted middle housing requirements that target zones
designated for predominantly residential use, unless zoning already exists to permit
higher densities or intensities. Port Orchard has six residential zoning designations
subject to the middle housing requirements of HB 1110 and ESHB 2321.The Port
Orchard Municipal Code (POMC) describes the impacted designations as follows:
• Residential 1 (R1): The R1 district is intended to accommodate single-family
detached houses with a minimum lot size of 5,000 to 6,000 square feet.
(Cottage court developments may have individual lots as small as 1,200
square feet, as indicated below.) R1 may be applied in areas designated as
residential low or residential medium in the Port Orchard comprehensive plan.
Uses and building types that would substantially interfere with the single-
family residential nature of the district are not allowed. (POMC 20.34.010)
• Residential 2 (R2): The R2 district is primarily intended to accommodate
detached house, duplex, and townhouse development with a minimum lot
size that varies based on building type. The R2 district is intended to
implement the residential medium density comprehensive plan designation.
Additional building types that are allowed include backyard cottage (detached
accessory dwelling unit), cottage court, duplex and attached house. Uses that
would substantially interfere with the residential nature of the district are not
allowed. (POMC 20.34.020)
• Residential (R3): The R3 district is intended to accommodate a variety of
residential options limited to three stories in height. The R3 zone should be
applied in areas designated as residential medium density in the Port Orchard
comprehensive plan. Uses that would substantially interfere with the
residential nature of the district are not allowed. (POMC 20.34.030)
• Residential (R4): The R4 district is intended to accommodate a variety of
multifamily residential options at heights of 45 feet or less. Uses that would
substantially interfere with the residential nature of the district are not allowed.
(POMC 20.34.040)
• Residential (R5): The R5 district is intended to accommodate a variety of
multifamily residential options at heights of 55 feet or less. Uses that would
substantially interfere with the residential nature of the district are not allowed.
(POMC 20.34.050)
• Residential (R6): The R6 district is primarily intended to accommodate
detached house development with a minimum lot size that varies based on
building type. The R6 district is intended to implement the residential medium
density comprehensive plan designation in selected parts of the McCormick
Woods master planning area. Additional building types that are allowed
include backyard cottage (detached accessory dwelling unit), cottage court,
duplex and attached house. Uses that would substantially interfere with the
residential nature of the district are not allowed. (POMC 20.34.060)
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The R3, R4, and R5 zones allow for apartments and thus these zones allow
densities that are higher and more intense than what is required for middle housing
and are not impacted by the middle housing legislation. The City's R1 zone allows
for detached houses and ADUs, while the City's R2 zone allows for Detached
Houses, ADUs, Cottage Courts, Duplexes, and Townhomes (which can contain 3-4
units). The R1 and R2 zones are primarily dedicated to Single Family use. The R6
zone is like R1 and R2 and is proposed for elimination (changing to R2) in the 2024
Comprehensive Plan Update.
Port Orchard residents recognize the importance of flexibility in integrating a variety
of housing options to expand housing supply and land capacity. The Housing Action
Plan (HAP) community survey revealed strong support, with 70% of respondents
endorsing the idea of "[a]llow more housing types like duplexes, cottages, and
townhouses in single-family neighborhoods if they're compatibly sized and
designed."
A summary of the basic requirements for Cities subject to HB 1110 and ESHB 2321
are provided in Table 1:
4
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Table 1
Minimum number
NEAR A MAJOR
WITH
Requires
of middle
TRANSIT STOP:
AFFORDABLE
allowance for
housing units
Minimum number
HOUSING:
six of nine
that must be
of middle
Minimum number
middle
allowed per lot in
housing units
of middle
housing types
predominately
that must be
housing units
in zones
residential zones
allowed per lot
that must be
predominantly
within 1/4 mile
allowed per lot
for middle
walking distance
with affordable
housing.
of major transit
housing in
stop in
predominately
predominately
residential zones
residential
where density in
zones
applicable zone
does not
otherwise allow
this number
(See also HB
1110, Sec. 3 2
TIER ONE:
4 du/lot, unless
6 du/ lot, unless
6 du/lot if at least 2
Yes
Cities with
zoning permits
zoning permits
units are
population of
higher densities
higher densities
affordable, unless
at least 75,000
zoning permits
E2SHB 1110,
higher densities
Sec. 3(1)(b)
TIER TWO:
2 du/lot unless
4 du/lot, unless
4 du/lot if at least 1
Yes
Cities with
zoning permits
zoning permits
unit is affordable,
population of
higher densities
higher densities
unless zoning
at least 25,000
permits higher
but less than
densities
75,000 E2SHB
1110, Sec.
31 a
TIER THREE:
2 du/lot, unless
N/A
N/A
No *Amended
Cities with
zoning permits
by HB 2321
population
higher densities
passed in
under 25,000
2024.
that are
contiguous
with a UGA
that includes
the largest city
in a county
with a
population
over 275,000
E2SHB 1110,
Sec. 3(1)(c)
10850357.1 - 366922 - 0001
As a Tier Three city, Port Orchard is required to allow for at least two units per lot in
zones predominantly for residential use, unless the residential zone already allows
for higher densities or intensities. This means that every R1 and R2 lot will need to
allow for at least two units per lot, but the City is not yet required to meet the
requirements identified for Tier 1 and Tier 2 cities. However, Port Orchard is rapidly
growing and could surpass 25,000 residents in the next few years and even sooner
if it were to annex additional lands. This would mean that, upon reaching this
population threshold, the City would move into Tier 2 and would be required to
provide for six of the nine middle housing types in the R1 and R2 zones.
In anticipation of the likely move into Tier 2, the City may need to make additional
preemptive modifications to R1 and R2 (beyond those required for Tier 3). For
example, the R2 zone, as it currently exists, may satisfy some of the Tier 2
requirements, but some minor amendments to create distinctive building types (for
instance, permitting and creating a distinct "triplex" building type — currently the city
lumps triplex and fourplex types together) are warranted to ensure full compliance.
Additionally, the R1 zone as adopted would not satisfy the minimum requirements
for a Tier Two city.
Port Orchard's Current Middle Housing Regulations:
In 2019, the City of Port Orchard adopted POMC Title 20 — Unified Development
Code which is a form -based code' (Ord. 011-19) offering several advantages in
promoting middle housing development. POMC Title 20 prioritizes the physical
characteristics and design of buildings and streets over strict land use regulations.
This allows for more flexibility in accommodating a variety of housing types,
including middle housing like duplexes, triplexes, and townhouses, within existing
neighborhoods. POMC Title 20 also allows the City to be more responsive and
flexible to changing demographic and market trends . As housing needs evolve, Port
Orchard can adjust the regulations to encourage the development of middle housing
types that meet the demands of residents, such as smaller units for aging
populations or affordable options for young families.
POMC 20.32, Building Types, addresses the differentiation of building types and
provides standards for the construction of different building types. The focus of
POMC 20.32 is the physical form of development rather than just land use
emphasizing the design and layout of buildings, streets, and public spaces to create
a cohesive and visually appealing built environment.
' Form -based zoning is an approach to zoning that emphasizes built form over land use. This
emphasis distinguishes it from conventional (Euclidean) zoning, which prioritizes a separation of
potentially incompatible land uses, and performance zoning, which prioritizes mitigating the potential
negative effects of new land uses or development. Over the past several decades, hundreds of cities
and counties have adopted form -based zoning regulations (i.e., form -based codes) to foster or protect
a pedestrian -oriented development pattern. American Planning Association.
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POMC 20.32 provides a framework to facilitate the development of middle housing
in Port Orchard in a manner that is compatible with the city's overall urban design
goals and vision for sustainable growth including middle housing types as described
in HB 1110. Title 20 currently incorporates many of the identified housing types in
HB 1110 and permits them in all Residential zoning districts as shown in Table 2.
POMC 20.32 establishes specific requirements and standards for building types in
Port Orchard and identifies where those building types are appropriate.
Table 2
Building Type
R1
R2
R3
R4
R5
R6
Detached House
P
P
P
--
--
P
Backyard Cottage
P
P
P
--
--
P
Cottage Court
P
P
P
--
--
P
Duplex: Side -by -Side
--
P
P
--
--
--
Duplex: Back -to -Back
--
P
P
--
--
--
Attached House
--
P
P
--
--
--
Four lex
--
--
P
P
P
--
Townhouse
--
P*
P
P
P
Apartment
--
P
P
P
--
*Restricted to three units in the R2 zone.
As illustrated in Table 2, POMC 20.32 currently includes several building types that
satisfy the requirements of HB 1110 and ESHB 2321, which encourages the
development of middle housing options. These include backyard cottages
(Accessory Dwelling Units), cottage courts, duplexes (both side -by -side and back-to-
back configurations), attached houses, fourplexes, and townhouses. These building
types are permitted in the appropriate zoning designations.
However, to align more closely with the requirements of HB 1110 and ESHB 2321
and in anticipation of exceeding the 25,000-population threshold which would require
Port Orchard to have at least six of the nine required middle housing types and to
provide clarity and distinction between different types of housing, the City could
make minimal amendments as described in Alternative 2 in the following section.
By adopting certain amendments, Port Orchard's Municipal Code 20.32 would better
align with the requirements of HB 1110 and ESHB 2321, supporting the
development of diverse middle housing options while providing clear and coherent
regulations for developers, residents, and city officials.
Middle Housing Alternatives
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HB 1110 and ESHB 2321 allow for alternatives in its implementation. The following
three alternatives have been identified by staff, in consultation with the Department
of Commerce and review of the Middle Housing Bills as solutions to compliance with
the mandates. In Alternatives 1 and 2, it is assumed the R6 district will be eliminated
through the 2024 Comprehensive Plan Periodic Update process. Those properties
currently designated R6 would be redesignated to R2.
Historically, most middle housing types have been rental units without the
opportunity for fee simple ownership. The "unit lot subdivision" process provides a
solution to this issue. This process allows for singular ownership of individual
housing units while enabling common ownership of shared facilities and lands. RCW
58.17.060 mandates that cities, including Port Orchard, incorporate provisions for
unit lot subdivisions into their short plat regulations and procedures. To comply with
this mandate and address the need for fee simple ownership opportunities in middle
housing, amendments to the Port Orchard Municipal Code are necessary. These
amendments will ensure compliance with state law while facilitating the
implementation of unit lot subdivisions within Port Orchard, providing residents with
greater flexibility and ownership options in the middle housing market. These
amendments will be necessary in the implementation of Alternatives 1 and 2.
Alternative 1: To ensure compliance with the mandates outlined in RCW
36.70A.635(1)(c) regarding middle housing, Port Orchard must allow for a minimum
of two dwelling units per lot. Currently, the Port Orchard Municipal Code
accommodates several middle housing types as required. However, to fully align
with the requirements of HB 1110, a straightforward code amendment permitting
duplexes within the Residential 1 designation is warranted. This adjustment will
effectively meet Port Orchard's existing obligations and ensure full compliance with
HB 1110 and ESHB 2321.
Alternative 2: Alternative 2 proposes the redesignation of properties from R1 to R2
zoning districts to comply with HB 1110. This involves repealing existing R1 zoning
standards and implementing middle housing building types mandated by HB 1110 in
the R2 district. Port Orchard anticipates population growth, prompting compliance
with density requirements outlined in RCW 36.70A.635(1)(a), allowing for at least
two units per lot and higher densities near major transit stops and for affordable
housing units. Though lacking Major Transit Stops, the City recognizes the
importance of increased densities near transit for equitable access to transportation.
By analyzing existing regulations and identifying suitable areas for higher -density
development, Port Orchard aims to plan effectively for growth, promote affordability,
and encourage sustainability.
Alternative 3: RCW 36.70A. provides relief from the requirements of HB 1110
where certain criteria can be met and demonstrated. The Department of Commerce
was directed to establish a process for cities to seek approval of alternative local
actions to meet the HB 1110 requirements. Approval may be granted for cities that
s
10850357.1 - 366922 - 0001
have adopted comprehensive plans and development regulations substantially
similar to the requirements of HB 1110 by January 1, 2023.
Port Orchard could potentially seek approval of alternative local action under
36.70A.636(3)(a) if the City can demonstrate that its adopted form -based code is
substantially similar to the requirements of HB 1110. This would involve showing that
the code results in an overall increase in housing units allowed in single-family
zones, allows for middle housing throughout the city, and permits additional density
near major transit stops, although Port Orchard does not have any major transit
stops, and for projects with dedicated affordable housing. If the Department of
Commerce approves such action, the City's implementation efforts would be exempt
from appeals, providing a streamlined path for compliance. However, careful
consideration and documentation of how the form -based code aligns with the
specified criteria would be essential to support any exemption request.
Middle Housing Alternatives Implementation
Alternative 1
Alternative 1 proposes the inclusion of duplex building types within the R1 district.
This adjustment aligns with the mandates of HB 1110 and ESHB 2321, advocating
for increased density and housing diversity while addressing the demand for
affordable housing options. By allowing at least two dwelling units, through the
inclusion of duplexes, on all lots primarily designated for single-family residential
use, the proposed amendment ensures full compliance with the Middle Housing
Bills.
Alternative 1 represents a strategic response to housing needs and the legislative
mandates outlined in HB 1110. By permitting duplex building types within the R1
zoning district, compliance with state directives is achieved with minimal disruption
to property owners. Zoning designations and currently allowed uses would remain
largely unchanged; the amendment would simply introduce another building type to
the R1 designation.
However, it's important to acknowledge potential negative impacts. Established
single-family neighborhoods currently designated as R1 would now have
redevelopment potential that includes duplexes, which may alter the character of
these areas. Approximately 17.38% of properties, which currently allow detached
housing but not duplex building types, would be affected by this change. It's worth
noting that the remaining 82.62% of properties already allow for duplexes in addition
to other middle housing types such as townhouses or cottage courts. It is important
to note that the R6 district would be redesignated as R2 through the 2024
Comprehensive Plan Periodic Update process. Alternative 1 limits change to the
minimum necessary to comply with HB 1110 and ESHB 2321 mandates.
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Table 3 describes the current area and the percentage of the whole of Residential
zones that permit detached houses.
Table 3
Zone
Area in Acres
Percent
R1
309.01
8.69%
R2
1929.21
54.25%
R3
1008.97
28.37%
R6
308.95
8.69%
Total
3556.14
100.00%
Furthermore, except for eliminating the R6 zone, this amendment would not
necessitate alterations to the currently adopted Zoning Map or change a property's
zoning designation; it would simply broaden the scope of allowable building types
within the R1 district. The affected properties are identified in Attachment A.
Alternative 2
The following analysis provides a functional path for compliance with HB 1110 and
ESHB 2321 as described in Alternative 2 above. To ensure compliance with HB
1110, Alternative 2 involves the redesignation properties currently within the R1
district to R2 and requires the repeal of the currently adopted R1 zoning designation
development standards. The amended R2 district would include the required middle
housing building types mandated by HB 1110.
Port Orchard anticipates surpassing the minimum population threshold outlined in
RCW 36.70A.635(1)(a) within the next five years, driven by historic growth rates and
potential annexations. In anticipation of this increase, the city will comply with RCW
36.70A.635(1)(a) by allowing for at least two units per lot on residential -zoned lots,
with higher density requirements near major transit stops and for affordable housing
units.
Although Port Orchard lacks Major Transit Stops as defined in RCW 81.104.015, the
City should recognize the importance of increasing densities near transit stops to
promote equitable access to transportation and sustainable growth. While not
mandated by the law, the City would acknowledge the benefits of such actions.
By taking proactive measures, Port Orchard will effectively plan for anticipated
population growth, promote housing affordability, and encourage sustainable
development in line with the requirements of HB 1110.
Currently, Port Orchard operates under a form -based code established in 2019,
which largely aligns with the requirements of HB 1110. However, certain
adjustments to the code are necessary to effectively integrate the new mandates
outlined in HB 1110. City staff has conducted a thorough examination of the relevant
regulations within the Port Orchard Municipal Code, particularly those related to
zoning designations and building types. Through this review, modifications
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10850357.1 - 366922 - 0001
necessary for compliance have been identified, while also considering the
recommendations suggested in Port Orchard's June 2023 Housing Action Plan.
The R2 zone as currently written mostly complies with the impending requirements
for allowing middle housing pursuant to HB 1110 and ESHB 2321. As such, the City
would designate all residential land in the City where middle housing is required as
R2. This means that properties currently zoned R1 would be changed to R2. The
elimination of the R6 district through the 2024 Comprehensive Plan Periodic Update
process would result in those properties being designated Residential 2 prior to any
amendments to achieve compliance with the Middle Housing Bills.
It is important to note that while the proposed zoning change and middle housing
allowances would be permitted by city code, there may be instances where
compliance with these regulations is restricted by existing conditions such as
restrictive covenants (CC&Rs) established prior to the enactment of HB 1110. In
addition, privately owned stormwater facilities serving neighborhoods could pose
limitations on the development of middle housing, unless additional measures are
taken to manage stormwater impacts on the lots where middle housing is proposed.
These caveats underscore the need for thorough analysis and consideration of site -
specific factors when implementing middle housing strategies, ensuring that
regulatory compliance is balanced with practical constraints and environmental
considerations.
The required amendments to the POMC would introduce one new building type
(stacked flat) and create distinction in requirements of existing building types to
achieve at least six of the nine building types required by HB 1110 and ESHB 2321
through the following actions:
Combine Duplex Types: Combine the three types of duplexes (attached
house, side -by -side, and back-to-back) into a singular type. This consolidation
simplifies the regulations and eliminates unnecessary distinctions between
these similar housing types.
Create a Stacked Flat building type: To further consistency with HB 1110 and
enhance the diversity of housing options in Port Orchard, a suggested code
amendment to POMC 20.32 could be considered to introduce a new building
type termed "stacked flat." The stacked flat would be similar in nature to a
duplex but would offer a distinct configuration and characteristics, providing
additional flexibility for housing development.
Permit and Create Distinction Between Triplex and Fourplex: Currently, the
fourplex building type in the Municipal Code may be three to four units which
would include both the triplex and fourplex configurations required by HB
1110. To create clarity and distinguish between these housing options, and to
further compliance with HB 1110, the City could amend the fourplex building
type to divide the fourplex category into two distinct building types: triplex and
fourplex. This revision ensures that each housing type is clearly defined and
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10850357.1 - 366922 - 0001
regulated separately within the code, facilitating easier compliance and
enforcement.
Create Infill Cluster Housing: Create a housing type that allows a mix of up to
nine residential units within compact detached and/or and/or duplexes on unit
lots with common areas and private open space. It may be allowed in R2 and
R3 districts. The specifications should include provisions for lot size,
setbacks, building height, private usable open space, parking location, shared
driveway materials and design, landscaping requirements among other site -
design issues. The Infill Cluster Housing aims to provide a flexible and
efficient housing option within the R2 and R3 districts.
Table 4 depicts the minimum resultant permitted building types required of HB 1110
and ESHB 2321 in Alternative 2. The amendments are illustrated where additions are
identified in bold text and deletions with italicized text. The R6 district, depicted with
black fill, would be repealed in its entirety and properties currently designated R6
would be redesignated as R2. The amendments identified below would be the
minimum necessary to comply with HB 1110 and ESHB 2321 as currently adopted.
Table 4
Building Type
R1
R2
R3
R4
R5 '.
Detached House
P
P
F,
--
-- '
Backyard Cottage
P
P
P
--
-- '
Cottage Court
P
P
P
--
-- '
Duplex: Side -by -Side
--
P
P
--
--
Duplex: Back -to -Back
--
P
P
--
--
Duplex
P
P
P
Stacked Flat
P
P
P
Attached House
--
P
F,
--
--
Triplex
P
P
Fourplex
--
P
P
P
P
Townhouse
--
P*
P
P
P
Apartment
--I
I P
I P
IF,
• *The current restriction of three units in the R2 zone would be repealed.
It is important to note that the Housing Action Plan provides guidance promoting
middle housing and some of those recommendations have been incorporated into
the implementation of HB 1110 and ESHB 2321. Some amendments would include
the elimination of the Residential 5 zoning designation which is currently in the Port
Orchard Municipal Code but has not been utilized since adoption, and the
redesignation of R6 properties to R2.
Alternative 3
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To analyze Port Orchard Municipal Code (POMC) Title 20 in relation to middle
housing implementation and its alignment with the requirements of HB 1110, the City
must examine key provisions of Title 20 and evaluate how they address the following
criteria:
Overall Increase in Housing Units Allowed in Single -Family Zones: The City
must assess whether Title 20 facilitates an increase in housing units within
single-family zones compared to previous regulations. As demonstrated in the
Kitsap County 2014 and 2021 Buildable Lands Reports, the City of Port
Orchard increased its residential density in all residential zones. This is
demonstrated by a significant increase in platted lots from 288 in 2013 to 503
in 2019. The maximum allowed densities permitted in the form -based code
also increased significantly as illustrated in the R2 district, formerly the R8
district, to a maximum allowed density at 21.7 du/acre from 8 du/acre.
Allowance for Middle Housing Throughout the City: The City has determined
that Title 20 permits various types of middle housing, such as duplexes,
triplexes, and townhouses, in residential areas beyond just specific zones or
targeted locations. The Residential 1 district allows for Accessory Dwelling
Units in a zoning designation that otherwise only permits detached houses.
The inclusion of ADUs in all residential zones may create consistency with the
requirement that all districts allow at least two dwelling units per lot. The
current residential zoning districts which primarily allow single family housing
(R1, R2, R3 and R6) comprise approximately 3,556.14 acres within Port
Orchard, of which only 17.38% within the R1 and R6 districts does not permit
some sort of middle housing.
Zone
Area in Acres
Percent
R1
309.01
8.69%
R2
1929.21
54.25%
R3
1008.97
28.37%
R6
308.95
8.69%
Total
3556.14
100.00%
Additional Density near Major Transit Stops and for Projects with Dedicated
Affordable Housing: While Title 20 does not specifically allow densities
bonuses, the lack of major transit stops makes compliance with this
requirement moot. The City should consider discussion regarding the former
multifamily tax exemption process to be revisited and potentially expanded to
include middle housing types.
By conducting a thorough review of Title 20 of the Port Orchard Municipal Code,
particularly sections related to zoning, development standards, and housing
regulations, we can assess its compliance with the stated requirements. However,
initial review of the mandates of HB 1110 and ESHB 2321 and the 2019 Unified
Development Code is likely to satisfy the exemption allowance.
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Additional Steps
To achieve success in meeting the Middle Housing Bill requirements, additional
steps for implementation include:
Stakeholder Engagement: Port Orchard's Housing Action Plan included a
robust outreach process which engaged community stakeholders, including
property owners, residents, and developers to gather input and provides a
guide to the community's needs and preferences. Allow an opportunity for the
public to review and comment on proposed zoning changes, as described in
Alternative 2 Implementation, through the Department of Community
Development Viewer.
• Public Outreach and Education: The Land Use Workshop and potential
outreach efforts at the Port Orchard Farmer's Market offer an opportunity to
residents about the benefits and implications of middle housing, fostering
understanding and support for the proposed changes.
• Policy Development: Formulate policies and guidelines to regulate the design,
density, and compatibility of middle housing developments, ensuring they
enhance neighborhood character and quality of life.
• Incentive Programs: Explore incentive programs, such as density bonuses or
fee reductions or property tax exemptions, to encourage the development of
middle housing and facilitate affordability.
• Zoning Code Amendments: Draft and propose amendments to the Port
Orchard Municipal Code to introduce the new building types and revise
existing regulations to facilitate middle housing development.
By incorporating these additional steps into the City's process, we can ensure a
complete approach to middle housing that addresses community needs, promotes
sustainable growth, and enhances the overall livability of Port Orchard while meeting
the requirements of HB 1110 and ESHB 2321.
Conclusion
This memorandum outlines the implementation of the Washington State Department
of Commerce Middle Housing Grant in accordance with the Middle Housing Bills (HB
1110 and ESHB 2321) with consideration to the City of Port Orchard Housing Action
Plan. It provides guidance for City decision -makers to align zoning regulations with
the objectives of promoting middle housing and affordable housing within Port
Orchard, consistent with the requirements of the Middle Housing Bills.
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To implement middle housing effectively, Port Orchard is reviewing its zoning
regulations, considering critical areas, and proposing amendments to align with HB
1110 and ESHB 2321 requirements. Additional steps for implementation include
stakeholder engagement, public outreach, policy development, potential incentive
programs, and zoning code amendments.
Alternatives 1 and 2 are the minimum necessary in the short-term as a Tier 3 city
and proactively addressing the requirement of becoming a Tier 2 city. These
Alternatives offer the most direct solution to the Middle Housing compliance with
minimal impact to most property owners. Port Orchard has taken proactive steps to
foster development of middle housing through the adoption of the 2019 Unified
Development Code. Alternative 3 offers a path to compliance but comes with risk as
it is subject to a qualitative assessment by others.
Port Orchard aims to meet the requirements of the Middle Housing Bills through a
comprehensive approach to middle housing, and community needs, promote
sustainable growth, and enhance the livability of Port Orchard fostering a vibrant and
inclusive community for all residents.
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Housing Action Plan Recommendations Summary
The Housing Action Plan presents a comprehensive approach to addressing various
challenges and opportunities within the housing landscape of Port Orchard. While
the Plan encompasses a wide range of issues, the significant barriers related to
middle housing are highlighted below. Alternatives 1 and 2 are proposed as key
strategies to address them through the development regulation framework. These
alternatives aim to expand allowed uses, streamline building type standards, adjust
form and intensity standards, and revise other development regulations to promote
the production of diverse middle housing options while enhancing affordability..
Although the HAP provides suggested solutions, the City Council may utilize other
means to meet the statutory requirements than what is noted in the HAP summary
below.
1) Expand Allowed Uses. These proposed changes aim to create a more inclusive and
diversified housing landscape within the City of Port Orchard by evaluating and updating
zoning regulations to permit a broader range of housing types in various zones,
facilitating the development of middle housing and enhancing affordability.
a) Allow more housing types in more zones to promote middle housing and affordable
housing.
i) R5 Zone: Considering the absence of current mapped R5 zones and the
proposed changes to R4, this section recommends eliminating the R5 zone from
the code. Proposed changes to the R6 zone, including a potential renaming to
R5, aim to ensure a seamless zoning framework.
ii) NMU Zone: To address inconsistencies in the use table, it is recommended to
allow the apartment building type in Neighborhood Mixed Use (NMU) zones,
correcting the existing disparity.
iii) Congregate Living Housing: Streamlining standards for congregate living
housing, acknowledging its historical significance as an affordable housing
option, is proposed. Specific recommendations include:
(1) Moving land use standards from the definition to POMC 20.39.100.
(2) Allowing congregate living housing in some non-residential zones, particularly
in the CMU zone.
(3) Clarifying parking requirements in POMC 20.124.130 and Table 20.124.140.
(4) Amending standards for more flexible lease arrangements.
iv) Adult Family Homes: In response to new state legislation (RCW 70.128.066), it is
recommended to update standards and definitions under POMC 20.39.100(10) to
accommodate adult family homes with seven or eight beds.
v) Supportive Housing: Acknowledging state legislation (RCW 35A.21.430, 2021)
and ensuring compliance, recommendations include providing definitions
referencing state law for emergency housing, emergency shelter, permanent
supportive housing, and transitional housing. Operational plans and information -
sharing requirements, inspired by examples from other jurisdictions, are also
suggested to enhance oversight and community engagement.
2) Streamline the Building Types. These modifications aim to simplify and streamline
building type standards, reducing complexity and encouraging the production of diverse
middle housing options.
a) Adjust Cottage Court Standards:
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i) Option 1: Remove or Reduce Minimum Site Size
(1) Building footprints, setbacks, parking, and open space largely dictate land
requirements. Eliminate the minimum site size. Alternatively, consider 12,000
sq. ft. for standard lots and 10,000 sq. ft. for lots with alley access.
ii) Option 2: Reduce Minimum Number of Cottages
(1) Lower minimum from five to four, aligning with standards in other regions.
Enhances flexibility for cottage court design on smaller sites.
iii) Option 3: Adjust Minimum Courtyard Size Standards.
(1) Replace complex standards with a simpler approach: Require a minimum of
400 sq. ft. of common courtyard space per cottage cluster. Set minimum
dimensions at 15-20 feet for greater alignment with regional practices.
iv) Option 4: Allow Duplex Cottages in All Zones
(1) Enable efficient land and material use. May require a clear code statement
due to current impracticality with a 1,200 sq. ft. maximum building footprint.
b) Consolidate Duplex Types:
i) Option 1: Merge "Duplex: Side -by -Side" and "Duplex: Back -to -Back" into
"Duplex"
(a) Simplify duplex standards to encourage greater production. Suggest
replacing "Two-family" with "Duplex" for naming consistency in Chapter
20.39 POMC.
(b) Consider further consolidation by providing a comprehensive duplex
building type definition.
c) Rename the Fourplex Type:
i) Option: Change "Fourplex" to "Triplex/Fourplex"
(1) Clarify that this building type allows 3-4 units.
(2) Avoid misleading interpretations and promote triplexes as a viable middle
housing option.
d) Adjust Townhouse Type Standards:
i) Option: Remove Minimum Site Size and Width
(1) Allow other zoning standards and market factors to determine land area
needed for townhouse development.
(2) Enhance flexibility without compromising necessary standards like open
space, parking, setbacks, and landscaping.
e) Consolidate the Live -Work Type:
i) Option: De-emphasize Live -Work Type
(1) Recognize limited feasibility outside strong urban markets.
(2) Acknowledge the rarity of households with self-employed businesses suitable
for live -work spaces.
(3) Consider de-emphasizing live -work in the code due to its infrequent
occurrence and potential cost implications.
f) Adjust Shopfront House Standards:
i) Option: Allow a Range of 2-4 Units per Lot
(1) Provide flexibility in configuration options by permitting 2-4 units per lot for the
Shopfront House building type.
g) Building Height:
i) Option: Remove Maximum Building Height, Except for Backyard Cottages and
Cottage Courts
(1) Ensure clear and consistent standards by eliminating maximum building
height from all building types, excluding backyard cottages and cottage
courts.
(2) Regulate accessory structure height limits in zoning chapters.
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h) Minimum Private Usable Open Space:
i) Option: Introduce Minimum Private Usable Open Space Requirements
(1) Address the need for usable open space in middle housing types.
(a) Recommended standards:
(i) Minimum 300 sq. ft. per unit.
(ii) Dimensions: 10 feet per unit (6 feet for rooftop patio or balcony).
(iii) Shared open spaces permitted, subject to specific dimensions.
(iv) Front yard usage allowed with a demarcating low fence.
(v) Prohibit parking or driving, except for emergency access.
i) Ground Floor Elevation:
i) Option: Apply Elevation Standard to Detached Houses and Duplex Types Only
(1) Reduce minimum elevation from two feet to 16 inches.
(2) Align with block frontage standards for improved transition and privacy.
j) Blank Walls:
i) Option: Remove Blank Wall Standards for Selected Building Types
(1) Eliminate or adjust standards for blank walls in apartment, single -story
shopfront, mixed -use shopfront, and general building types.
(2) Consider applying a standard consistent with POMC 20.127.460 for smaller
building types where applicable.
k) Transparency:
i) Option: Move Transparency Standards to Chapter 20.32 POMC for Consistency
(1) Shift the minimum transparency standard of 8% from POMC 20.139.025(3) to
Chapter 20.32 POMC for uniformity among building types.
(2) Retain the measurement method of transparency in Chapter 20.139.
3) Adjust Form & Intensity Standards.
a) To reduce barriers to "middle" housing/building types, consider the following
recommendations for adjusting minimum lot dimensions:
i) R2 Zone:
(1) Retain current minimum lot dimensions for detached houses.
(2) For cottage courts, refer to Strategy 2.2.1 for updated suggestions on
minimum site area.
(3) Exempt other "middle" building types (duplexes, attached houses,
triplexes/fourplexes, and townhouses) from minimum lot area and width
standards.
ii) R3 Zone:
(1) Retain current minimum lot dimensions for detached houses.
(2) For cottage courts, refer to Strategy 2.2.1 for updated suggestions on
minimum site area.
(3) Exempt other "middle" building types (backyard cottages, duplexes, attached
houses, fourplexes, and townhouses) from minimum lot area and width
standards.
(4) For apartments, consider reducing the current 10,000 sq. ft. lot size minimum
to 7,000 sq. ft., with the option for 5,000 sq. ft. lots where alley access is
available. Reduce minimum lot width from 80 feet to 70 feet, with the option
for 50-foot wide lots where alley access is available.
iii) R4 Zone:
(1) Consider eliminating lot dimension standards entirely, especially as detached
houses are not allowed, relying on other standards to meet community
objectives.
iv) R5 Zone:
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(1) If not eliminating this zone (refer to Strategy 2.1.6), consider removing lot
dimension standards for the same reasons as in the R4 zone.
v) R6 Zone:
(1) Retain the current 4,000 sq. ft. minimum lot size and 40-feet lot width for a
detached house.
(2) Exempt other "middle" building types from minimum lot area and width
standards (duplexes, attached houses, triplexes/fourplexes, and
townhouses).
vi) Commercial and Mixed -Use Zones:
(1) Retain existing minimum lot size and width provisions for detached houses.
(2) Eliminate such standards for all other building types to maximize flexibility,
including the McCormick Village Overlay District. Rely on existing standards
to ensure integration in a compatible manner.
b) To address housing affordability and economic feasibility, consider the following
recommendations for adjusting height limits and introducing affordable housing
bonuses:
i) Base Height Limit Adjustments:
(1) Explore modest changes to base height limits (up to one floor) in key
multifamily and commercial zones.
(2) Enhance economic feasibility for multifamily and mixed -use development.
ii) Bonus Height Limits for MFTE Participants:
(1) Introduce bonus height limits allowing up to two additional floors for
developments participating in the City's Multifamily Tax Exemption (MFTE)
program.
(2) Incentivize greater production of multifamily housing, especially affordable
(subsidized) housing.
(3) Limit the MFTE bonus to the Type 1, 12-year affordability program, with
potential expansion to the 20-year program if adopted by the City.
iii) Consideration of TDR Program Impact:
(1) Acknowledge the existing Transfer -of -Development -Rights (TDR) program in
place since 2019.
(2) Recognize that proposed height changes may impact the attractiveness of
the TDR program, but highlight the tradeoff of incentivizing affordable
housing.
(3) Emphasize that TDR remains the exclusive way to achieve the tallest allowed
buildings in certain locations (up to eight stories or 88 feet).
iv) Mitigation through Design Standards:
(1) Emphasize that increased height limits and potentially larger buildings will be
mitigated by existing multifamily and commercial design standards.
(2) Highlight existing standards for building massing, light and air access, usable
open space, attractive materials, windows and entries, ensuring high -quality
development.
c) To align with Comprehensive Plan policies and state law, consider the following
options for adjusting minimum residential density standards:
i) Citywide Minimum Density Requirements:
(1) Implement citywide minimum residential density requirements in alignment
with Comprehensive Plan policies LU-11, HS-9, and HS-16.
(2) Mandate a minimum of 15 units per acre in locations eligible for the
Multifamily Tax Exemption (MFTE) 12-year and 20-year programs.
ii) Thresholds for Application:
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(1) Apply minimum density requirements only to new developments on sites
above a specified size, such as % acre or'/2 net acre.
(2) Define "net acre" as per the MFTE chapter, excluding critical areas, buffers,
and undevelopable land like shoreline buffers and tidelands.
(3) Aim to reduce complications for small infill development and promote
economies of scale.
iii) Centers -Focused Density Standards:
(1) Consider applying minimum density standards exclusively to sites within
designated centers, directing growth more intensely in these areas.
(2) Align with the City's goal of promoting compact and walkable development in
specific zones.
iv) Limited Zoning Application:
(1) Propose minimum residential density standards for a limited number of zones
based on public feedback and the typical application of the MFTE program.
(2) Tailor the application to zones where the City seeks to encourage growth and
development.
d) To address the religiously owned land density bonus mandated by state law (RCW
35A.63.300), consider the following options:
i) Zoning Update or Overlay Zone:
(1) Explore updating underlying zoning or creating a new overlay zone to
accommodate the density bonus for religiously -owned land.
(2) Assess the impact on residential and mixed -use neighborhoods with existing
churches.
ii) Development Agreements:
(1) Prefer development agreements as the implementation option, considering
the potential rarity of utilizing this density bonus.
(2) Provide flexibility for religious organizations seeking to develop affordable
housing.
iii) Comprehensive Plan Policy Addition:
(1) Introduce a Comprehensive Plan policy specific to religiously owned
affordable housing.
(2) Specify a minimum density requirement, such as 30 dwelling units per net
acre, ensuring alignment with state law.
iv) Proactive Engagement:
(1) Proactively engage with religious organizations to gauge their interest in
developing affordable housing on their properties.
(2) Consider assigning responsibilities for this outreach to a Housing Coordinator
staff position.
4) Adjust Other Standards. Adjust other development regulations to help reduce barriers
to housing production by identifying and revising additional development regulations that
may pose obstacles to housing production, ensuring a streamlined process for middle
housing projects.
a) To refine the residential design standards outlined in Chapter 20.139 POMC,
consider the following options:
i) Enhance Cross -References:
(1) Include additional cross-references in Chapter 20.32 POMC, connecting
building type standards with residential design standards for improved code
navigation.
ii) Consolidate Garage Configuration Standards:
(1) Consolidate duplex garage configuration standards (20.139.015).
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(2) Utilize the 40-feet lot width threshold for all configurations to streamline and
simplify standards.
iii) Transparency Standards Placement:
(1) Place transparency standards (20.139.025(3)) for specific building types
directly within the building type standards for consistency.
iv) Roof Pitch Modification:
(1) Modify the minimum 4:12 roof pitch standard (20.139.045(2)) to allow for
modern architectural styles with flat roofs and roof decks.
(2) Consider deleting the first sentence and maintaining the roof elements
standard without the term "pitched."
v) Resolve Duplex Standards Conflicts:
(1) Resolve conflicting transparency standards and repetitive driveway standards
in Section 20.139.055 for duplexes.
(2) Address duplication of porch projection standards (subsection (2)) by aligning
with POMC 20.122.060 to avoid redundancy.
5) Adjust Significant Tree Standards: To address challenges associated with significant
tree standards in Port Orchard, consider the following options:
a) Explore Alternative Approaches:
i) Investigate alternative approaches for tree standards that are easier to
administer and have a reduced impact on soft costs and housing capacity.
b) Canopy Coverage Requirement:
i) Consider shifting the focus from individual trees to requiring a minimum tree
canopy coverage at the time of tree species maturity.
ii) Allow both newly planted and existing trees to contribute to the required canopy
coverage.
c) Align with McCormick Village Overlay District Method:
i) Align with the method applied in the McCormick Village Overlay District (POMC
20.38.280), where tree removal for new development is managed by considering
overall tree canopy coverage.
d) Exemption for Middle Housing Developments:
i) In the near term, consider exempting middle housing developments or mixed
housing developments with a significant number of middle housing types
(duplexes, cottage housing, townhouses, triplexes/fourplexes) from the
requirement to prepare a significant tree retention plan.
e) Balance Benefits and Costs:
i) Weigh the benefits and costs of the existing significant tree code to ensure a
balanced approach that addresses environmental considerations without
imposing excessive costs on development.
6) Adjusting Family Definition: To align with state law and address family definition in
Port Orchard, consider the following options:
a) Amend Definition to Reflect State Law:
i) Amend the definition of "family" under POMC 20.12.010 to align with state law
RCW 35A.21.314 (2021).
ii) Ensure that the definition does not regulate or limit the number of unrelated
persons occupying a household or dwelling unit.
b) Simplified Family Definition:
i) Adopt a simplified family definition, such as:
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(1) "Family" means any number of persons related by blood, marriage, or legal
adoption, including foster children and exchange students living together as a
single housekeeping unit.
7) Adjusting Elevator Penthouse Standards: To enhance the functionality and livability
of multifamily and mixed -use housing in Port Orchard, consider the following options
related to elevator penthouses:
a) Increase Height Allowance for Elevator Penthouse:
i) Amend POMC 20.40.050(2)(c)(i) to increase the allowable height for structures
screening elevators, particularly when providing access to roof decks.
ii) Consider raising the height allowance from the current limit of 10 feet to 17 feet
to accommodate modern elevator designs and facilitate features like 10-feet tall
elevator cabs and elevator -accessible roof decks.
b) Adapt Standards to Evolving Elevator Technology:
i) Recognize advancements in elevator technology, such as the "Machine Room -
Less" design, which offers cost-effective options for taller buildings.
ii) Adjust code provisions to accommodate the unique characteristics of modern
elevator designs, allowing for increased overrun above the roof level.
c) Flexible Design Considerations:
i) Introduce flexibility in standards to account for evolving design trends and
resident preferences.
ii) Ensure that the code provides sufficient leeway for incorporating features like 10-
feet tall elevator cabs and rooftop decks without compromising structural integrity
or violating height restrictions.
8) Adjusting Parking Lot Landscaping Standards: To enhance the efficiency of land use
in smaller lots, particularly for infill multifamily and townhouse development, consider the
following options related to parking lot landscaping:
a) Reduce Minimum Planting Area Widths:
i) Amend POMC 20.128.070(3) to reduce the minimum width requirements for
planting areas along public streets and internal lot lines.
ii) Consider a uniform minimum width of 7.5 feet for landscaping along public
streets and five feet along internal lot lines, promoting more efficient land
utilization.
b) Simplify Planting Area Standards:
i) Streamline and simplify the planting area standards to facilitate easier
interpretation and compliance.
ii) Ensure that the revised standards align with the purpose of parking lot
landscaping while accommodating the constraints of smaller lots.
c) Create a Dedicated Code Section:
i) Establish a separate code section specifically addressing parking lot landscaping
standards for better organization and accessibility.
ii) Consider renumbering or creating a new section, such as 20.128.075, to
specifically address parking lot landscaping, making it more visible and user-
friendly in code documents.
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TIER 1 AND 2 CITIES MIDDLE HOUSING MODEL ORDINANCE
January 23, 2024
The Tier 1 provisions of this Middle Housing Model Ordinance apply to cities with a population of at least
75,000 based on 2020 Office of Financial Management population estimates. The Tier 2 provisions of this
Middle Housing Model Ordinance apply to cities with a population of at least 25,000 but less than 75,000
based on 2020 Office of Financial Management population estimates.
The Department of Commerce's authority to publish this Model Ordinance is provided in RCW 36.70A.636(2)(a)
and (b), which state:
"(2) (a) The department shall publish model middle housing ordinances no later than six months following
July 23, 2023.
(b) In any city subject to RCW 36.70A.635 that has not passed ordinances, regulations, or other official
controls within the time frames provided under RCW 36.70A.635(11), the model ordinance supersedes,
preempts, and invalidates local development regulations until the city takes all actions necessary to
implement RCW 36.70A.635."
The Model Ordinances have two text styles meant to address HB 1110 implementation:
Bold text in the Model Ordinances represents provisions from RCW 36.70A.635 that cities subject to the
law must implement.
The non -bold text are standards that are optional for a city to use. Cities may choose to revise these
optional standards, as well as adopt all, some, or none of the optional provisions. However, the non -bold
text will apply to a city that does not pass ordinances, regulations, or other local controls to implement
House Bill 1110 within the time frame required by RCW 36.70A.635(11), until such time the city takes all
actions necessary to implement RCW 36.70A.635. Certain optional standards are included in the Model
Ordinance for this specific reason, to allow a city to have basic standards for certain middle housing types
(such as cottage housing) should the Model Ordinance temporarily be in effect.
The diagram below summarizes the scenarios in which this Model Ordinance applies.
Scenario 1
City adopts regulations
complying with HB 1110
by its deadline*
Bold text is integrated
(required by HB 1110)
Non -bold text is optional
Scenario 2
City has not adopted regulations
complying with HB 1110
by its deadline*
Bold text is in effect
(required by HB 1710)
Non -bold text is in effect
Later, after the deadline, city
adopts regulations complying
with HB 1110
Bold text is integrated
(required by HB 1110)
Non -bold text is optional
*Deadline is six months after a city's next periodic comprehensive plan update required by RCW 36.70A.130
JANUARY 23, 2024 1 TIER 1 AND 2 CITIES MIDDLE HOUSING MODEL ORDINANCE
MIR
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY/TOWN OF , WASHINGTON, IMPLEMENTING THE
REQUIREMENTS OF ENGROSSED SUBSTITUTE HOUSE BILL (E2SHB) 1110, ADDING NEW
SECTIONS _ , AMENDING SECTIONS PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 2023 the Washington State legislature passed Engrossed Substitute House Bill (E2SHB)
1110 (chapter 332, Laws of 2023) related to middle housing; and
WHEREAS, in passing E2SHB 1110 (chapter 332, Laws of 2023) the State legislature found that
Washington is facing an unprecedented housing crisis for its current population and a lack of housing
choices, and is not likely to meet affordability goals for future populations; and
WHEREAS, the State legislature further found that in order to meet the goal of 1,000,000 new homes
statewide by 2044, and enhanced quality of life and environmental protection, innovative housing policies
will need to be adopted and that increasing housing options that are more affordable to various income
levels is critical to achieving the state's housing goals, including those established by the legislature in
Engrossed Second Substitute House Bill No. 1220 (chapter 254, Laws of 2021); and
WHEREAS, the State legislature further found:
There is continued need for the development of housing at all income levels, including middle housing
that will provide a wider variety of housing options and configurations to allow Washingtonians to live
near where they work;
Homes developed at higher densities are more affordable by design for Washington residents both in
their construction and reduced household energy and transportation costs;
While creating more housing options, it is essential for cities to identify areas at higher risk of
displacement and establish anti -displacement policies as required in Engrossed Second Substitute
House Bill No. 1220 (chapter 254, Laws of 2021);
The state has made historic investments in subsidized affordable housing through the housing trust
fund, yet even with these historic investments, the magnitude of the housing shortage requires both
public and private investment;
and
In addition to addressing the housing shortage, allowing more housing options in areas already served
by urban infrastructure will reduce the pressure to develop natural and working lands, support key
strategies for climate change, food security, and Puget Sound recovery, and save taxpayers and
ratepayers money.
WHEREAS, on , the city/town council passed Ordinance No. incorporating
middle housing policies into the Housing Element of the Comprehensive Plan as required by House Bill
1220 (chapter 254, Laws of 2021); and
JANUARY 23, 2024 1 TIER 1 AND 2 CITIES MIDDLE HOUSING MODEL ORDINANCE
V3.1
2
WHEREAS, on , the city/town transmitted a copy of the proposed ordinance to the
Washington State Department of Commerce in accordance with RCW 36.70A.106 at least 60 days in
advance of adoption for the required 60-day State review period; and
WHEREAS, on , the city/town issued a State Environmental Policy Act (SEPA)
Determination of Non -Significance (DNS) on the proposed ordinance, which is a non -project proposal: and
WHEREAS, during the course of developing the proposed ordinance, various means of public outreach
were used including, but not limited to, public meetings, a middle housing webpage, presentations at
various community groups, notification of public hearings; and
WHEREAS, the city/town planning commission held work sessions on to study and review
matters related to implementing ES2HB 1110; (chapter 332, Laws of 2023) and
WHEREAS, on , the city/town Planning Commission held a duly noticed public hearing on the
proposed ordinance, accepted testimony and made a recommendation to the city/town council;
and
WHEREAS, on , the city/town council held a duly noticed public hearing to consider the
planning commission recommendation and accept public testimony; and
WHEREAS, adoption of the ordinance will bring the city/town into compliance with ES2HB 1110 (chapter
332, Laws of 2023) and will serve the general welfare of the public;
NOW THEREFORE BE IT ORDAINED BY THE CITY/TOWN COUNCIL AS FOLLOWS
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Section 1 - Purpose
The purpose of this middle housing ordinance ("ordinance") is to:
A. Implement Engrossed Second Substitute House Bill 1110, codified in RCW 36.70A.030, 36.70A.280,
36.70A.635, 36.70A.636, 36.70A.637, 36.70A.638, 43.21 C.495, and 43.21 C.450, 64.32, 64.34, and 64.38,
and 64.90, by providing land use, development, design, and other standards for middle housing developed
on all lots zoned predominantly for residential use.
B. If necessary, supersede, preempt, and invalidate the city's development regulations that conflict with this
ordinance until such time the city takes all actions necessary to implement RCW 36.7OA.635, if the city
has not taken action necessary to implement RCW 36.7OA.635 by the time frame required by RCW
36.70A.635(11). The model ordinance shall remain in effect until the city has taken all necessary actions
to implement RCW 36.7OA.635.
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Section 2 - General Provisions
A. Nothing in this ordinance prohibits the city from permitting detached single-family residences.
B. Nothing in this ordinance prohibits the city from requiring any development, including middle housing
development, to provide affordable housing, either on -site or through an in -lieu payment, nor limit the
city's ability to expand or modify the requirements of an existing affordable housing program enacted
under RCW 36.7OA.54O.
C. Nothing in this ordinance requires the issuance of a building permit if other federal, state, and local
requirements for a building permit are not met.
D. Nothing in this ordinance affects or modifies the responsibilities of the city to plan for or provide "urban
governmental services" as defined in RCW 36.7OA.O3O.
E. The city shall not approve a building permit for middle housing without compliance with the adequate
water supply requirements of RCW 19.27.097.
F. The city shall not require through development regulations any standards for middle housing that are
more restrictive than those required for detached single-family residences, but may apply any objective
development regulations that are required for detached single-family residences, including, but not
limited to, set -back, lot coverage, stormwater, clearing, and tree canopy and retention requirements to
ensure compliance with existing ordinances intended to protect critical areas and public health and
safety.
G. The same development permit and environmental review processes shall apply to middle housing that
apply to detached single-family residences, unless otherwise required by state law including, but not
limited to, shoreline regulations under chapter 90.58 RCW, building codes under chapter 19.27 RCW,
energy codes under chapter 19.27A RCW, or electrical codes under chapter 19.28 RCW.
H. Conflicts. In the event of a conflict between this ordinance and other development regulations applicable to
middle housing, the standards of this ordinance control.
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Section 3 — Definitions
The following definitions shall apply for the purposes of this ordinance, notwithstanding other definitions in the
city's development regulations:
"Administrative design review" means a development permit process whereby an application is reviewed,
approved, or denied by the planning director or the planning director's designee based solely on objective
design and development standards without a public predecision hearing, unless such review is otherwise
required by state or federal law, or the structure is a designated landmark or historic district established
under a local preservation ordinance. A city may utilize public meetings, hearings, or voluntary review boards
to consider, recommend, or approve requests for variances from locally established design review standards.
"All lots zoned predominantly for residential use" means all zoning districts in which residential dwellings are
the predominant use. This excludes lands zoned primarily for commercial, industrial, and/or public uses, even
if those zones allow for the development of detached single-family residences. This also excludes lands zoned
primarily for mixed uses, even if those zones allow for the development of detached single-family residences, if
the zones permit by -right multifamily use and a variety of commercial uses, including but not limited to retail,
services, eating and drinking establishments, entertainment, recreation, and office uses.
"Cottage housing" means residential units on a lot with a common open space that either: (a) Is owned in
common; or (b) has units owned as condominium units with property owned in common and a minimum of 20
percent of the lot size as open space.
"Courtyard apartments" means up to four attached dwelling units arranged on two or three sides of a yard or
court."
"Development regulations" means any controls placed on development or land use activities by the city,
including, but not limited to, zoning ordinances, official controls, subdivision ordinances, and binding site plan
ordinances.
"Duplex" means a residential building with two attached dwelling units.
"Fiveplex" means a residential building with five attached dwelling units.
"Fourplex" means a residential building with four attached dwelling units.
"Major transit stop" means a stop on a high capacity transportation system funded or expanded under the
provisions of chapter 81.104 RCW, commuter rail stops, stops on rail or fixed guideway systems, and stops
on bus rapid transit routes.
"Middle housing" means buildings that are compatible in scale, form, and character with single-family
houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes,
fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing.
"Single-family zones" means those zones where single-family detached residences are the predominant land
use.
"Sixplex" means a residential building with six attached dwelling units.
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"Stacked flat" means dwelling units in a residential building of no more than three stories on a residential
zoned lot in which each floor may be separately rented or owned.
"Tier 1 city" means a city with a population of at least 75,000 based on 2020 Office of Financial Management
population estimates.
"Tier 2 city" means a city with a population of at least 25,000 but less than 75,000 based on 2020 Office of
Financial Management population estimates.
"Triplex" means a residential building with three attached dwelling units.
"Townhouses" means buildings that contain three or more attached single-family dwelling units that extend
from foundation to roof and that have a yard or public way on not less than two sides.
"Unit density" means the number of dwelling units allowed on a lot, regardless of lot size.
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Section 4 - Applicability
A. The provisions of this ordinance shall apply to all lots zoned predominantly for residential use.
B. The provisions of this ordinance do not apply to:
1. Lots designated with critical areas designated under RCW 36.7OA.17O or their buffers as required by
RCW 36.70A.170.
2. A watershed serving a reservoir for potable water if that watershed is or was listed, as of July 23,
2023, as impaired or threatened under section 3O3(d) of the federal clean water act (33 U.S.C. Sec.
1313(d)).
3. Lots that have been designated urban separators by countywide planning policies as of July 23, 2023.
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Section 5 — Unit Density
Tier 1 Cities
A. The permitted unit density on all lots zoned predominantly for residential use is:
1. Four units per lot, unless zoning permitting higher densities or intensities applies.
2. Six units per lot on all lots within one -quarter mile walking distance of a major transit stop, unless
zoning permitting higher densities or intensities applies.
3. Six units per lot if at least two units on the lot are affordable housing meeting the requirements of
subsections (C) through (H) below, unless zoning permitting higher densities or intensities applies.
B. The standards of subsection (A) do not apply to lots after subdivision below 1,000 square feet unless the
city has enacted an allowable lot size below 1,000 square feet in the zone.
Tier 2 Cities
A. The permitted unit density on all lots zoned predominantly for residential use is:
1. Two units per lot, unless zoning permitting higher densities or intensities applies.
2. Four units per lot on all lots within one -quarter mile walking distance of a major transit stop, unless
zoning permitting higher densities or intensities applies.
3. Four units per lot if at least one unit on the lot is affordable housing meeting the requirements of
subsections (C) through (H) below, unless zoning permitting higher densities or intensities applies.
B. The standards of subsection (A) do not apply to lots after subdivision below 1,000 square feet unless the
city has enacted an allowable lot size below 1,000 square feet in the zone.
Tier 1 and 2 Cities
C. To qualify for additional units under the affordable housing provisions of Section 5(A), an applicant shall
commit to renting or selling the required number of units as affordable housing and meeting the
standards of subsections (D) through (H) below.
D. Dwelling units that qualify as affordable housing shall have costs, including utilities other than telephone,
that do not exceed 30 percent of the monthly income of a household whose income does not exceed the
following percentages of median household income adjusted for household size, for the county where the
household is located, as reported by the United States Department of Housing and Urban Development:
1. Rental housing: 60 percent.
2. Owner -occupied housing: 80 percent.
E. The units shall be maintained as affordable for a term of at least 50 years, and the property shall satisfy
that commitment and all required affordability and income eligibility conditions.
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F. The applicant shall record a covenant or deed restriction that ensures the continuing rental or ownership
of units subject to these affordability requirements consistent with the conditions in chapter 84.14 RCW
for a period of no less than 50 years.
G. The covenant or deed restriction shall address criteria and policies to maintain public benefit if the
property is converted to a use other than that which continues to provide for permanently affordable
housing.
H. The units dedicated as affordable housing shall:
1. Be provided in a range of sizes comparable to other units in the development.
2. The number of bedrooms in affordable units shall be in the same proportion as the number of
bedrooms in units within the entire development.
3. Generally, be distributed throughout the development and have substantially the same functionality
as the other units in the development.
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Section 6 - Middle Housing Types Allowed
Subject to the requirements of RCW 36.7OA.635(5), on all lots zoned predominantly for residential use the
following uses are permitted by -right, unless zoning permitting higher densities or intensities than those listed
Section 5 of this ordinance applies:
A.
Duplexes.
B.
Triplexes.
C.
Fourplexes.
D.
Fiveplexes.
E.
Sixplexes.
F.
Townhouses.
G.
Stacked flats.
H.
Courtyard apartments.
I.
Cottage housing.
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Section 7 — Dimensional Standards
A. Applicability.
1. The city shall not require through development regulations any standards for middle housing that are
more restrictive than those required for detached single-family residences, but may apply any
objective development regulations that are required for detached single-family residences. This
includes, but is not limited to, the following types of dimensional standards: building height, setbacks,
lot coverage, floor area ratio, lot area and lot dimension, impervious surface, open space, and
landscaped area standards.
2. Dimensional standards invalidated by this section are replaced by the dimensional standards provided
in this section.
B. Density. Lot area requirements and unit density shall comply with Section 5 of this ordinance. Other
restrictions, such as minimum lot area per unit, or maximum number of housing units per acre, are invalid
in relationship to the minimum number of units per lot that the city must allow under RCW 36.70A.635.
C. Units per structure. Minimum and maximum numbers of dwelling units per structure for middle housing are
invalid, except as provided by the definitions of middle housing types in Section 2 of this ordinance.
D. Maximum building height: 35 feet. A maximum building height limit for middle housing of less than 35 feet
is invalid.
1. Building height shall be measured in accordance with the city's development regulations.
2. Rooftop appurtenances shall be regulated and measured in accordance with the city's development
regulations.
E. Minimum setbacks.
The minimum required setbacks are as follows. Minimum building setbacks from property lines for
middle housing buildings greater than the following are invalid:
a. Street or front: 15 feet, except 10 feet for lots with a unit density of three or more.
b. Street or front, garage door (where accessed from a street): 20 feet.
c. Side street: Five feet.
d. Side interior: Five feet, and zero feet for attached units internal to the development.
e. Rear, without an alley: 15 feet, except 10 feet for lots with a unit density of three or more.
f. Rear alley: Zero feet, and three feet for a garage door where it is accessed from the alley.
2. Setback projections.
a. Covered porches and entries may project up to five feet into required front and rear setbacks.
b. Balconies and bay windows may project up to three feet into required front and rear setbacks.
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c. Required parking spaces may occupy required setbacks.
d. Other setback projections shall be regulated and measured in accordance with the city's
development regulations.
F. Maximum lot coverage.
The maximum lot coverage for middle housing is as follows. Maximum lot coverage less than the
following is invalid:
a. For lots with a unit density of six: 55 percent.
b. For lots with a unit density of four or five: 50 percent.
c. For lots with a unit density of three or less: 45 percent.
2. Unless the city has a different pre-existing approach to measuring lot coverage, lot coverage is
measured as follows: the total area of a lot covered by buildings or structures divided by the total
amount of site area minus any required or planned dedication of public rights -of -way and/or
designation of private rights -of -way. Lot coverage does not include building overhangs such as roof
eaves, bay windows, or balconies and it does not include paved surfaces.
G. Maximum floor area ratio (FAR).
Maximum FAR for middle housing is as follows. Maximum floor area ratio less than the following is
invalid:
2. Unless the city has a different pre-existing approach to measuring FAR, FAR is measured as follows:
the total interior floor area of buildings or structures on a site, excluding features listed in subsection
(G)(3) below, divided by the total amount of site area minus any required or planned dedication of
public rights -of -way and/or designation of private rights -of -way. For example, a maximum floor area
ratio of 1.0 (1 to 1) means one square feet of floor area is allowed for every one square foot of site
area.
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3. Unless FAR is measured differently by the city's development regulations, the following are not included
in the calculation of interior floor area:
a. Cottage housing developments meeting the standards of Section 8 of this ordinance.
b. Unoccupied accessory structures, up to a maximum equal to 250 square feet per middle housing
unit.
c. Basements, as defined by the city's development regulations.
d. Unenclosed spaces such as carports, porches, balconies, and rooftop decks.
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Section 8 — Design Standards
A. Applicability.
1. These standards apply to all middle housing types, except for the specific cottage housing and
courtyard apartment standards which apply to only those types.
2. For the purposes of this section, a "street" refers to any public or private street and does not include
alleys.
These design standards do not apply to the conversion of a structure to a middle housing type with up
to four attached units, if the floor area of the structure does not increase more than 50 percent.
B. Purpose. The purpose of these standards is to:
1. Promote compatibility of middle housing with other residential uses, including single-family houses.
2. De-emphasize garages and driveways as major visual elements along the street.
3. Provide clear and accessible pedestrian routes between buildings and streets.
4. Implement the definitions of cottage housing and courtyard apartments provided by state law.
C. Design review. The process used for reviewing compliance with middle housing design standards shall be
administrative design review.
D. Cottage housing_
1. Cottage size. Cottages shall each have no more than 1,600 square feet of net floor area, excluding
attached garages.
2. Open space. Open space shall be provided equal to a minimum 20 percent of the lot size. This may
include common open space, private open space, setbacks, critical areas, and other open space.
3. Common open space.
a. At least one outdoor common open space is required.
b. Common open space shall be provided equal to a minimum of 300 square feet per cottage. Each
common open space shall have a minimum dimension of 15 feet on any side.
Orientation. Common open space shall be bordered by cottages on at least two sides. At least half
of cottage units in the development shall abut a common open space and have the primary entrance
facing the common open space.
d. Parking areas and vehicular areas shall not qualify as common open space.
e. Critical areas and their buffers, including steep slopes, shall not quality as common open space.
4. Entries. All cottages shall feature a roofed porch at least 60 square feet in size with a minimum
dimension of five feet on any side facing the street and/or common open space.
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5. Community building.
a. A cottage housing development shall contain no more than one community building.
b. A community building shall have no more than 2,400 square feet of net floor area, excluding
attached garages.
c. A community building shall have no minimum off-street parking requirement.
E. Courtyard apartments.
1. Common open space.
a. At least one outdoor common open space is required.
b. Common open space shall be bordered by dwelling units on two or three sides.
c. Common open space shall be a minimum dimension of 15 feet on any side.
d. Parking areas and vehicular areas do not qualify as a common open space.
2. Entries. Ground -related courtyard apartments shall feature a covered pedestrian entry, such as a
covered porch or recessed entry, with minimum weather protection of three feet by three feet, facing
the street or common open space.
F. Pedestrian access. A paved pedestrian connection at least three feet wide is required between each middle
housing building and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet
this requirement.
G. Vehicle access, carports, garages, and driveways.
1. For lots abutting an improved alley that meets the city's standard for width, vehicular access shall be
taken from the alley. Lots without access to an improved alley and taking vehicular access from a
street shall meet the other standards of subsection (G)(2) through (5) below.
2. Garages, driveways, and off-street parking areas shall not be located between a building and a street,
except when either of the following conditions are met:
The combined width of all garages, driveways, and off-street parking areas does not exceed a total
of 60 percent of the length of the street frontage property line. This standard applies to buildings and
not individual units; or
b. The garage, driveway, or off-street parking area is separated from the street property line by a
dwelling; or
c. The garage, driveway, or off-street parking is located more than 100 feet from a street.
3. All detached garages and carports shall not protrude beyond the front building fagade.
4. The total width of all driveway approaches shall not exceed 32 feet per frontage, as measured at the
property line. Individual driveway approaches shall not exceed 20 feet in width.
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5. Local jurisdiction requirements for driveway separation and access from collector streets and arterial
streets shall apply.
Dwelling Unit
•--------
Dwelling Unit
•--------
Dwelling Unit i Dwelling Unit
---------
Dwelling Unit
Entry Gl
Entry G2
G3 Entry I Entry G1
Entry G2,
I
v
°22
a
° �
° i ° Individual
° Individual
�_ o
�
o I I Driveway
Driveway
I
D1
�D2�
D3— i i Dl
, �
D
7:Lil
Lot Frontage
Lot Frontage
Sidewalk
� � � Sidewalk
Street Street
(Gl+G2+G3)
Lot Frontage must be no more than 60%
(D1+D2+D3) must not exceed 32 feet per frontage
Individual driveway width (any "D#") shall not exceed 20 feet
H. Landscaping_ Development regulations for landscaping and tree standards for middle housing shall be
equally or less restrictive than those required for detached single-family residences.
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Section 9 - Parking Standards
A. Off-street parking for middle housing shall be subject to the following:
1. No off-street parking shall be required within one-half mile walking distance of a major transit stop.
2. A maximum of one off-street parking space per unit shall be required on lots smaller than 6,000
square feet, before any zero lot line subdivisions or lot splits.
3. A maximum of two off-street parking spaces per unit shall be required on lots greater than 6,000
square feet before any zero lot line subdivisions or lot splits.
B. The provisions of subsection (A) do not apply to:
1. Portions of the city for which the Department of Commerce has certified a parking study in
accordance with RCW 36.70A.635(7)(a), in which case off-street parking requirement shall be as
provided in the certification from the Department of Commerce.
2. Portions of the city within a one -mile radius of a commercial airport in Washington with at least
9,000,000 annual enplanements in accordance with RCW 36.70A.635(7)(b).
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Section 10 — Infrastructure Standards
A. Transportation. Regulations for driveways, frontage improvements, alley improvements, and other
transportation public works and engineering standards shall not be more restrictive for middle housing
than for detached single-family residences, except as addressed by this ordinance.
B. Lot Access/Road Standards.
Private driveway access shall be permitted for middle housing development with any number of units
when a fire apparatus access road is within 150 feet of all structures on the lot and all portions of the
exterior walls of the first story of the buildings, as measured by an approved route around the exterior
of the buildings.
2. When a fire apparatus road is not within 150 feet of all structures on the lot, subsection (13)(1) does not
apply and one of the following conditions must be met:
a. The building is equipped throughout with an approved automatic sprinkler system meeting
International Fire Code requirements.
b. No more than two units are accessed via the same private driveway.
Fire apparatus access roads cannot be installed because of location on property, topography,
waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of
fire protection is provided.
Private driveways shall not be required to be wider than 12 feet and shall not be required to have
unobstructed vertical clearance more than 13 feet six inches except when it is determined to be in
violation of the International Fire Code or other fire, life, and safety standards, such as sight distance
requirements.
4. Private driveway access, separate from access to an existing home, shall be permitted unless it is
determined to be in violation of the Fire Code or other fire, life, safety standards, such as sight distance
requirements.
5. This subsection is not intended to limit the applicability of the adopted fire code, except as otherwise
presented in this subsection.
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Section 11 - Severability
If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.
Section 12 - Authority to Make Necessary Corrections
The City/Town Clerk and the codifiers of this Ordinance are authorized to make necessary corrections to this
Ordinance including, but not limited to, the correction of scrivener's clerical errors, references, ordinance
numbering, section/subsection numbers, and any references thereto.
Section 13 - Effective Date
The ordinance shall take effect and be in full force five days after publication of the attached summary which
is hereby approved.
APPROVED
MAYOR
ATTEST/AUTHENTICATED:
CITY/TOWN CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY/TOWN ATTORNEY:
PASSED BY THE CITY/TOWN COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
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TIER 3 CITIES MIDDLE HOUSING MODEL ORDINANCE
January 23, 2024
The Tier 3 provisions of this Middle Housing Model Ordinance apply to cities with a population of less than
25,000, that are within a contiguous urban growth area with the largest city in a county with a population of
more than 275,000, based on 2020 Office of Financial Management population estimates.
The Department of Commerce's authority to publish this Model Ordinance is provided in RCW 36.70A.636(2)(a)
and (b), which state:
"(2) (a) The department shall publish model middle housing ordinances no later than six months following
July 23, 2023.
(b) In any city subject to RCW 36.70A.635 that has not passed ordinances, regulations, or other official
controls within the time frames provided under RCW 36.70A.635(11), the model ordinance supersedes,
preempts, and invalidates local development regulations until the city takes all actions necessary to
implement RCW 36.70A.635."
The Model Ordinances have two text styles meant to address HB 1110 implementation:
Bold text in the Model Ordinances represents provisions from RCW 36.70A.635 that cities subject to the
law must implement.
The non -bold text are standards that are optional for a city to use. Cities may choose to revise these
optional standards, as well as adopt all, some, or none of the optional provisions. However, the non -bold
text will apply to a city that does not pass ordinances, regulations, or other local controls to implement
House Bill 1110 within the time frame required by RCW 36.70A.635(11), until such time the city takes all
actions necessary to implement RCW 36.70A.635. Certain optional standards are included in the Model
Ordinance for this specific reason, to allow a city to have basic standards for certain middle housing types
(such as cottage housing) should the Model Ordinance temporarily be in effect.
The diagram below summarizes the scenarios in which this Model Ordinance applies.
Scenario 1
City adopts regulations
complying with HB 1110
by its deadline*
Bold text is integrated
(required by HB 1110)
Non -bold text is optional
Scenario 2
City has not adopted regulations
complying with HB 1110
by its deadline*
Bold text is in effect
(required by HB 1110)
Non -bold text is in effect
Later, after the deadline, city
adopts regulations complying
with HB 1110
Bold text is integrated
(required by HB 1110)
Non -bold text is optional
* Deadline is six months after a city's next periodic comprehensive plan update required by RCW 36.70A.130
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ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY/TOWN OF , WASHINGTON, IMPLEMENTING THE
REQUIREMENTS OF ENGROSSED SUBSTITUTE HOUSE BILL (E2SHB) 1110, ADDING NEW
SECTIONS , AMENDING SECTIONS PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 2023 the Washington State legislature passed Engrossed Substitute House Bill (E2SHB)
1110 (chapter 332, Laws of 2023) related to middle housing; and
WHEREAS, in passing E2SHB 1110 (chapter 332, Laws of 2023) the State legislature found that
Washington is facing an unprecedented housing crisis for its current population and a lack of housing
choices, and is not likely to meet affordability goals for future populations; and
WHEREAS, the State legislature further found that in order to meet the goal of 1,000,000 new homes
statewide by 2044, and enhanced quality of life and environmental protection, innovative housing policies
will need to be adopted and that increasing housing options that are more affordable to various income
levels is critical to achieving the state's housing goals, including those established by the legislature in
Engrossed Second Substitute House Bill No. 1220 (chapter 254, Laws of 2021); and
WHEREAS, the State legislature further found:
There is continued need for the development of housing at all income levels, including middle housing
that will provide a wider variety of housing options and configurations to allow Washingtonians to live
near where they work;
Homes developed at higher densities are more affordable by design for Washington residents both in
their construction and reduced household energy and transportation costs;
While creating more housing options, it is essential for cities to identify areas at higher risk of
displacement and establish anti -displacement policies as required in Engrossed Second Substitute
House Bill No. 1220 (chapter 254, Laws of 2021);
The state has made historic investments in subsidized affordable housing through the housing trust
fund, yet even with these historic investments, the magnitude of the housing shortage requires both
public and private investment;
and
In addition to addressing the housing shortage, allowing more housing options in areas already served
by urban infrastructure will reduce the pressure to develop natural and working lands, support key
strategies for climate change, food security, and Puget Sound recovery, and save taxpayers and
ratepayers money.
WHEREAS, on , the city/town council passed Ordinance No. incorporating
middle housing policies into the Housing Element of the Comprehensive Plan as required by House Bill
1220 (chapter 254, Laws of 2021); and
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WHEREAS, on , the city/town transmitted a copy of the proposed ordinance to the
Washington State Department of Commerce in accordance with RCW 36.70A.106 at least 60 days in
advance of adoption for the required 60-day State review period; and
WHEREAS, on , the city/town issued a State Environmental Policy Act (SEPA)
Determination of Non -Significance (DNS) on the proposed ordinance, which is a non -project proposal: and
WHEREAS, during the course of developing the proposed ordinance, various means of public outreach
were used including, but not limited to, public meetings, a middle housing webpage, presentations at
various community groups, notification of public hearings; and
WHEREAS, the city/town planning commission held work sessions on to study and review
matters related to implementing ES2HB 1110; (chapter 332, Laws of 2023) and
WHEREAS, on , the city/town Planning Commission held a duly noticed public hearing on the
proposed ordinance, accepted testimony and made a recommendation to the city/town council;
and
WHEREAS, on , the city/town council held a duly noticed public hearing to consider the
planning commission recommendation and accept public testimony; and
WHEREAS, adoption of the ordinance will bring the city/town into compliance with ES2HB 1110 (chapter
332, Laws of 2023) and will serve the general welfare of the public;
NOW THEREFORE BE IT ORDAINED BY THE CITY/TOWN COUNCIL AS FOLLOWS
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Section 1 - Purpose
The purpose of this middle housing ordinance ("ordinance") is to:
A. Implement Engrossed Second Substitute House Bill 1110, codified in RCW 36.70A.030, 36.70A.280,
36.70A.635, 36.70A.636, 36.70A.637, 36.70A.638, 43.21 C.495, and 43.21 C.450, 64.32, 64.34, and 64.38,
and 64.90, by providing land use, development, design, and other standards for middle housing developed
on all lots zoned predominantly for residential use.
B. If necessary, supersede, preempt, and invalidate the city's development regulations that conflict with this
ordinance until such time the city takes all actions necessary to implement RCW 36.7OA.635, if the city
has not taken action necessary to implement RCW 36.7OA.635 by the time frame required by RCW
36.70A.635(11). The model ordinance shall remain in effect until the city has taken all necessary actions
to implement RCW 36.7OA.635.
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Section 2 - General Provisions
A. Nothing in this ordinance prohibits the city from permitting detached single-family residences.
B. Nothing in this ordinance prohibits the city from requiring any development, including middle housing
development, to provide affordable housing, either on -site or through an in -lieu payment, nor limit the
city's ability to expand or modify the requirements of an existing affordable housing program enacted
under RCW 36.7OA.54O.
C. Nothing in this ordinance requires the issuance of a building permit if other federal, state, and local
requirements for a building permit are not met.
D. Nothing in this ordinance affects or modifies the responsibilities of the city to plan for or provide "urban
governmental services" as defined in RCW 36.7OA.O3O.
E. The city shall not approve a building permit for middle housing without compliance with the adequate
water supply requirements of RCW 19.27.097.
F. The city shall not require through development regulations any standards for middle housing that are
more restrictive than those required for detached single-family residences, but may apply any objective
development regulations that are required for detached single-family residences, including, but not
limited to, set -back, lot coverage, stormwater, clearing, and tree canopy and retention requirements to
ensure compliance with existing ordinances intended to protect critical areas and public health and
safety.
G. The same development permit and environmental review processes shall apply to middle housing that
apply to detached single-family residences, unless otherwise required by state law including, but not
limited to, shoreline regulations under chapter 90.58 RCW, building codes under chapter 19.27 RCW,
energy codes under chapter 19.27A RCW, or electrical codes under chapter 19.28 RCW.
H. Conflicts. In the event of a conflict between this ordinance and other development regulations applicable to
middle housing, the standards of this ordinance control.
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Section 3 — Definitions
The following definitions shall apply for the purposes of this ordinance, notwithstanding other definitions in the
city's development regulations:
"Administrative design review" means a development permit process whereby an application is reviewed,
approved, or denied by the planning director or the planning director's designee based solely on objective
design and development standards without a public predecision hearing, unless such review is otherwise
required by state or federal law, or the structure is a designated landmark or historic district established
under a local preservation ordinance. A city may utilize public meetings, hearings, or voluntary review boards
to consider, recommend, or approve requests for variances from locally established design review standards.
"All lots zoned predominantly for residential use" means all zoning districts in which residential dwellings are
the predominant use. This excludes lands zoned primarily for commercial, industrial, and/or public uses, even
if those zones allow for the development of detached single-family residences. This also excludes lands zoned
primarily for mixed uses, even if those zones allow for the development of detached single-family residences, if
the zones permit by -right multifamily use and a variety of commercial uses, including but not limited to retail,
services, eating and drinking establishments, entertainment, recreation, and office uses.
"Cottage housing" means residential units on a lot with a common open space that either: (a) Is owned in
common; or (b) has units owned as condominium units with property owned in common and a minimum of 20
percent of the lot size as open space.
"Courtyard apartments" means up to four attached dwelling units arranged on two or three sides of a yard or
court."
"Development regulations" means any controls placed on development or land use activities by the city,
including, but not limited to, zoning ordinances, official controls, subdivision ordinances, and binding site plan
ordinances.
"Duplex" means a residential building with two attached dwelling units.
"Fiveplex" means a residential building with five attached dwelling units.
"Fourplex" means a residential building with four attached dwelling units.
"Major transit stop" means a stop on a high capacity transportation system funded or expanded under the
provisions of chapter 81.104 RCW, commuter rail stops, stops on rail or fixed guideway systems, and stops
on bus rapid transit routes.
"Middle housing" means buildings that are compatible in scale, form, and character with single-family
houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes,
fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing.
"Single-family zones" means those zones where single-family detached residences are the predominant land
use.
"Sixplex" means a residential building with six attached dwelling units.
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"Stacked flat" means dwelling units in a residential building of no more than three stories on a residential
zoned lot in which each floor may be separately rented or owned.
"Tier 3 city" means a city with a population of less than 25,000, that is within a contiguous urban growth area
with the largest city in a county with a population of more than 275,000, based on 2020 Office of Financial
Management population estimates.
"Triplex" means a residential building with three attached dwelling units.
"Townhouses" means buildings that contain three or more attached single-family dwelling units that extend
from foundation to roof and that have a yard or public way on not less than two sides.
"Unit density" means the number of dwelling units allowed on a lot, regardless of lot size.
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Section 4 - Applicability
A. The provisions of this ordinance shall apply to all lots zoned predominantly for residential use.
B. The provisions of this ordinance do not apply to:
1. Lots designated with critical areas designated under RCW 36.7OA.17O or their buffers as required by
RCW 36.70A.170.
2. A watershed serving a reservoir for potable water if that watershed is or was listed, as of July 23,
2023, as impaired or threatened under section 3O3(d) of the federal clean water act (33 U.S.C. Sec.
1313(d)).
3. Lots that have been designated urban separators by countywide planning policies as of July 23, 2023.
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Section 5 — Unit Density
A. The permitted unit density on all lots zoned predominantly for residential use is two units per lot, unless
zoning permitting higher densities or intensities applies.
B. The standard of subsection (A) does not apply to lots after subdivision below 1,000 square feet unless
the city has a smaller allowable lot size in the zone.
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Section 6 - Middle Housing Types Allowed
Subject to the requirements of RCW 36.70A.635(5), on all lots zoned predominantly for residential use the
following uses are permitted by -right, unless zoning permitting higher densities or intensities than those listed
Section 5 of this ordinance applies:
A.
Duplexes.
B.
Triplexes.
C.
Fourplexes.
D.
Fiveplexes.
E.
Sixplexes.
F.
Townhouses.
G.
Stacked flats.
H.
Courtyard apartments.
I.
Cottage housing.
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Section 7 — Dimensional Standards
A. Applicability.
1. The city shall not require through development regulations any standards for middle housing that are
more restrictive than those required for detached single-family residences, but may apply any
objective development regulations that are required for detached single-family residences. This
includes, but is not limited to, the following types of dimensional standards: building height, setbacks,
lot coverage, floor area ratio, lot area and lot dimension, impervious surface, open space, and
landscaped area standards.
2. Dimensional standards invalidated by this section are replaced by the dimensional standards provided
in this section.
B. Density. Lot area requirements and unit density shall comply with Section 5 of this ordinance. Other
restrictions, such as minimum lot area per unit, or maximum number of housing units per acre, are invalid
in relationship to the minimum number of units per lot that the city must allow under RCW 36.70A.635.
C. Units per structure. Minimum and maximum numbers of dwelling units per structure for middle housing are
invalid, except as provided by the definitions of middle housing types in Section 2 of this ordinance.
D. Maximum building height: 35 feet. A maximum building height limit for middle housing of less than 35 feet
is invalid.
1. Building height shall be measured in accordance with the city's development regulations.
2. Rooftop appurtenances shall be regulated and measured in accordance with the city's development
regulations.
E. Minimum setbacks.
The minimum required setbacks are as follows. Minimum setbacks from property lines for middle
housing buildings greater than the following are invalid:
a. Street or front: 15 feet, except 10 feet for lots with a unit density of three or more.
b. Street or front, garage door (where accessed from a street): 20 feet.
c. Side street: Five feet.
d. Side interior: Five feet, and zero feet for attached units internal to the development.
e. Rear, without an alley: 20 feet.
f. Rear alley: Zero feet, and three feet for a garage door where it is accessed from the alley.
2. Setback projections.
a. Covered porches and entries may project up to five feet into required front and rear setbacks.
b. Balconies and bay windows may project up to three feet into required front and rear setbacks.
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c. Required parking spaces may occupy required setbacks.
d. Other setback projections shall be regulated and measured in accordance with the city's
development regulations.
F. Maximum lot coverage.
The maximum lot coverage for middle housing is 40 percent. A maximum lot coverage limit for middle
housing of less than 40 percent is invalid.
2. Unless the city has a different pre-existing approach to measuring lot coverage, lot coverage is
measured as follows: the total area of a lot covered by buildings or structures divided by the total
amount of site area minus any required or planned dedication of public rights -of -way and/or
designation of private rights -of -way. Lot coverage does not include building overhangs such as roof
eaves, bay windows, or balconies and it does not include paved surfaces.
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Section 8 — Design Standards
A. Applicability.
1. These standards apply to all middle housing types, except for the specific cottage housing and
courtyard apartment standards which apply to only those types.
2. For the purposes of this section, a "street" refers to any public or private street and does not include
alleys.
These design standards do not apply to the conversion of a structure to a middle housing type with up
to four attached units, if the floor area of the structure does not increase more than 50 percent.
B. Purpose. The purpose of these standards is to:
1. Promote compatibility of middle housing with other residential uses, including single-family houses.
2. De-emphasize garages and driveways as major visual elements along the street.
3. Provide clear and accessible pedestrian routes between buildings and streets.
4. Implement the definitions of cottage housing and courtyard apartments provided by state law.
C. Design review. The process used for reviewing compliance with middle housing design standards shall be
administrative design review.
D. Cottage housing_
1. Cottage size. Cottages shall each have no more than 1,600 square feet of net floor area, excluding
attached garages.
2. Open space. Open space shall be provided equal to a minimum 20 percent of the lot size. This may
include common open space, private open space, setbacks, critical areas, and other open space.
3. Common open space.
a. At least one outdoor common open space is required.
b. Common open space shall be provided equal to a minimum of 300 square feet per cottage. Each
common open space shall have a minimum dimension of 15 feet on any side.
Orientation. Common open space shall be bordered by cottages on at least two sides. At least half
of cottage units in the development shall abut a common open space and have the primary entrance
facing the common open space.
d. Parking areas and vehicular areas shall not qualify as common open space.
e. Critical areas and their buffers, including steep slopes, shall not quality as common open space.
4. Entries. All cottages shall feature a roofed porch at least 60 square feet in size with a minimum
dimension of five feet on any side facing the street and/or common open space.
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5. Community building.
a. A cottage housing development shall contain no more than one community building.
b. A community building shall have no more than 2,400 square feet of net floor area, excluding
attached garages.
c. A community building shall have no minimum off-street parking requirement.
E. Courtyard apartments.
1. Common open space.
a. At least one outdoor common open space is required.
b. Common open space shall be bordered by dwelling units on two or three sides.
c. Common open space shall be a minimum dimension of 15 feet on any side.
d. Parking areas and vehicular areas do not qualify as a common open space.
2. Entries. Ground -related courtyard apartments shall feature a covered pedestrian entry, such as a
covered porch or recessed entry, with minimum weather protection of three feet by three feet, facing
the street or common open space.
F. Pedestrian access. A paved pedestrian connection at least three feet wide is required between each middle
housing building and the sidewalk (or the street if there is no sidewalk). Driveways may be used to meet
this requirement.
G. Vehicle access, carports, garages, and driveways.
1. For lots abutting an improved alley that meets the city's standard for width, vehicular access shall be
taken from the alley. Lots without access to an improved alley and taking vehicular access from a
street shall meet the other standards of subsection (G)(2) through (5) below.
2. Garages, driveways, and off-street parking areas shall not be located between a building and a street,
except when either of the following conditions are met:
The combined width of all garages, driveways, and off-street parking areas does not exceed a total
of 60 percent of the length of the street frontage property line. This standard applies to buildings and
not individual units; or
b. The garage, driveway, or off-street parking area is separated from the street property line by a
dwelling; or
c. The garage, driveway, or off-street parking is located more than 100 feet from a street.
3. All detached garages and carports shall not protrude beyond the front building fagade.
4. The total width of all driveway approaches shall not exceed 32 feet per frontage, as measured at the
property line. Individual driveway approaches shall not exceed 20 feet in width.
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IIGI
5. Local jurisdiction requirements for driveway separation and access from collector streets and arterial
streets shall apply.
Dwelling Unit
•--------
Dwelling Unit
•--------
Dwelling Unit i Dwelling Unit
---------
Dwelling Unit
I
Entry Gl
Entry G2
G3 Entry I Entry G1
Entry G2,
I
72 u
°
Individual
° Individual
�'
o I I Driveway
Driveway
I
D1
�D2�
D3� i i Dl
1
D2
Lot Frontage
Lot Frontage
Sidewalk
� �
� Sidewalk
Street Street
(Gl+G2+G3)
Lot Frontage must be no more than 60%
(D1+D2+D3) must not exceed 32 feet per frontage
Individual driveway width (any "D#") shall not exceed 20 feet
H. Landscaping_ Development regulations for landscaping and tree standards for middle housing shall be
equally or less restrictive than those required for detached single-family residences.
I. Entries. Each building shall incorporate a primary building entry or one or more private unit entries, such as
a covered porch or recessed entry. Each entry shall feature minimum weather protection of three feet by
three feet.
J. Windows and doors. A minimum of 15 percent of the area of the street -facing fagade elevation shall
include windows or doors. Facades separated from the street by a dwelling or located more than 100 feet
from a street are exempt from this standard.
Area subject to facade transparency
requirement
M Qualifying window coverage
M Qualifying door coverage
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Section 9 - Parking Standards
A. Off-street parking for middle housing shall be subject to the following:
1. No off-street parking shall be required within one-half mile walking distance of a major transit stop.
2. A maximum of one off-street parking space per unit shall be required on lots smaller than 6,000
square feet, before any zero lot line subdivisions or lot splits.
3. A maximum of two off-street parking spaces per unit shall be required on lots greater than 6,000
square feet before any zero lot line subdivisions or lot splits.
B. The provisions of subsection (A) do not apply to:
1. Portions of the city for which the Department of Commerce has certified a parking study in
accordance with RCW 36.70A.635(7)(a), in which case off-street parking requirement shall be as
provided in the certification from the Department of Commerce.
2. Portions of the city within a one -mile radius of a commercial airport in Washington with at least
9,000,000 annual enplanements in accordance with RCW 36.70A.635(7)(b).
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Section 10 — Infrastructure Standards
A. Transportation. Regulations for driveways, frontage improvements, alley improvements, and other
transportation public works and engineering standards shall not be more restrictive for middle housing
than for detached single-family residences, except as addressed by this ordinance.
B. Lot Access/Road Standards.
Private driveway access shall be permitted for middle housing development with any number of units
when a fire apparatus access road is within 150 feet of all structures on the lot and all portions of the
exterior walls of the first story of the buildings, as measured by an approved route around the exterior
of the buildings.
2. When a fire apparatus road is not within 150 feet of all structures on the lot, subsection (13)(1) does not
apply and one of the following conditions must be met:
a. The building is equipped throughout with an approved automatic sprinkler system meeting
International Fire Code requirements.
b. No more than two units are accessed via the same private driveway.
Fire apparatus access roads cannot be installed because of location on property, topography,
waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of
fire protection is provided.
Private driveways shall not be required to be wider than 12 feet and shall not be required to have
unobstructed vertical clearance more than 13 feet six inches except when it is determined to be in
violation of the International Fire Code or other fire, life, and safety standards, such as sight distance
requirements.
4. Private driveway access, separate from access to an existing home, shall be permitted unless it is
determined to be in violation of the Fire Code or other fire, life, safety standards, such as sight distance
requirements.
5. This subsection is not intended to limit the applicability of the adopted fire code, except as otherwise
presented in this subsection.
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Section 11 - Severability
If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.
Section 12 - Authority to Make Necessary Corrections
The City/Town Clerk and the codifiers of this Ordinance are authorized to make necessary corrections to this
Ordinance including, but not limited to, the correction of scrivener's clerical errors, references, ordinance
numbering, section/subsection numbers, and any references thereto.
Section 13 - Effective Date
The ordinance shall take effect and be in full force five days after publication of the attached summary which
is hereby approved.
APPROVED
MAYOR
ATTEST/AUTHENTICATED:
CITY/TOWN CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY/TOWN ATTORNEY:
PASSED BY THE CITY/TOWN COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
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V3.1
ME
CITY OF PORT ORCHARD
DEPARTMENT OF COMMUNITY DEVELOPMENT
216 Prospect Street, Port Orchard, WA 98366
Ph.: (360) 874-5533 • FAX: (360) 876-4980
PLANNING COMMISSION STAFF REPORT
Agenda Item No: 5(b) Meeting Date: December 3, 2024
POMC 20.162 - Critical Areas Prepared by: Nick Bond, AICP, Development
Subject: Ordinance Amendments Director
Issue: As part of the 2024 Comprehensive Plan Periodic Update implementation, the City proposes to
amend Port Orchard Municipal Code 20.162, the Critical Areas Ordinance (CAO), to ensure compliance with
the Growth Management Act (GMA) and integrate Best Available Science (BAS) in protecting critical areas
within the City of Port Orchard.
Under the GMA (RCW 36.70A), all cities and counties in Washington are required to adopt and periodically
update development regulations to protect critical areas. The critical areas defined in RCW 36.70A.030(5)
include:
• Wetlands
• Areas with a critical recharging effect on aquifers used for potable water
• Fish and wildlife habitat conservation areas
• Frequently flooded areas
• Geologically hazardous areas
Protecting critical areas preserves natural resources, maintains ecological functions, and safeguards public
health and safety by mitigating risks such as landslides and flooding. The loss of critical area functions can
have lasting environmental, economic, and social impacts. The proposed revisions are consistent with the
Comprehensive Plans Goals and Policies.
The GMA also mandates that critical areas regulations incorporate BAS and give special consideration to
measures necessary to protect anadromous fisheries, such as salmonids, due to their ecological, cultural,
and economic significance.
Staff provided in the packet two versions of POMC 20.162, 1) a clean version which includes all proposed
revisions, and 2) a redline version of POMC 20.162. The intent is to allow clarity in your review while also
providing the context of the proposed amendments. The proposed amendments included in the draft
Critical Areas Ordinance are intended to align with current state and federal requirements, integrate Best
Available Science (BAS), and enhance clarity and consistency within the code:
Code Reorganization: Sections of the ordinance have been reorganized to streamline the review
process and improve usability.
• Wetland Buffers: Buffer standards have been updated to align with the Department of Ecology's
latest recommendations.
• Wetland Mitigation Hierarchy: The ordinance now reflects the current mitigation hierarchy,
emphasizing preferred approaches such as mitigation banking and other programmatic solutions.
Onsite mitigation remains an option when programmatic approaches are not feasible, ensuring
flexibility for project applicants.
• Stream Buffer Terminology: The term "stream buffer" has been replaced with "Riparian
Management Zone" (RMZ) to maintain consistency with Washington Department of Fish and
Wildlife (WDFW) standards and BAS.
• Riparian Management Zones (RMZs): RMZ standards have been updated to meet or exceed
WDFW's minimum requirements, enhancing protection for critical habitats.
These updates aim to ensure consistency with state law and best practices while balancing environmental
protection and development needs.
The Planning Commission is requested to:
• Review the draft Critical Areas Ordinance and provide feedback on the proposed amendments.
• Schedule a public hearing, anticipated for Spring 2025, to gather community input and testimony on
the proposed ordinance.
• At the conclusion of the public hearing in Spring 2025 and after considering public testimony, make
a recommendation to the City Council regarding the adoption of an ordinance amending POMC
20.162.
Attachments: Draft Critical Areas Ordinance - POMC 20.162, Draft Critical Areas Ordinance - POMC 20.162
REDLINE
2
Chapter 20.162
CRITICAL AREAS REGULATIONS
Sections:
Article I. Critical Areas
20.162.010
Title.
20.162.012
Purpose.
20.162.014
Applicability.
20.162.016
Relationship to other regulations.
20.162.018
Inventory provisions.
20.162.020
Administration — Generally.
20.162.022
Application requirements —Generally.
20.162.024
Application requirements —Mitigation sequencing.
20.162.026
Application requirements —Review criteria.
20.162.028
Bonds.
20.162.030
Notice to title.
20.162.032
Exemptions.
20.162.034
Exceptions.
20.162.036
Variances.
20.162.038
Nonconforming — Existing structures.
20.162.040
Enforcement — Violation — Penalty.
20.162.042
Liability.
Article II. Definitions
20.162.044 Definitions —Generally.
Article III. Wetlands
20.162.046
Purpose.
20.162.048
Wetland categories.
20.162.050
Exempt wetlands.
20.162.052
Development standards.
20.162.054
Regulated uses and activities.
20.162.056
Additional development standards for regulated uses.
20.162.058
Application requirements.
20.162.060
Determination of wetland boundaries.
20.162.062 Wetland mitigation requirements.
20.162.064 Incentives for wetlands protection.
Article IV. Fish and Wildlife Habitat Conservation Areas
20.162.068 Purpose.
20.162.070 Fish and wildlife habitat conservation area categories classification.
20.162.072 Development standards.
Article V. Geologically Hazardous Areas
20.162.074 Purpose.
20.162.076 Geologically hazardous area categories.
20.162.078 Development standards.
Article VI. Frequently Flooded Areas
20.162.080 Purpose and reauirements.
Article VII. Critical Aquifer Recharge Areas
20.162.082 Purpose.
20.162.084 Critical aquifer recharge area categories.
20.162.086 Development standards.
Article VIII. Special Reports
20.162.088 Purpose.
20.162.090 When required.
20.162.092 Special reports — Responsibility for completion.
20.162.094 Qualifications of professionals.
20.162.096 Wetland report/wetland mitigation plan.
20.162.098 Habitat management plan content.
20.162.100 Geotechnical report contents.
20.162.102 Hydrogeological report content.
Article XII.
Article XIII. Attachments
20.162.106 Attachments.
20.162.010 Title.
This chapter shall be known and may be cited as the city of Port Orchard's "critical areas ordinance" or
"CAO." (Ord. 019-17 § 18 (Exh. 1)).
20.162.012 Purpose.
The purpose of this chapter is to implement the goals, policies, guidelines, and requirements of the city's
comprehensive plan and the Washington State Growth Management Act to protect critical areas, the
environment, human life, and property from harm and degradation in accordance with the Growth
Management Act through the application of best available science, as determined according to WAC
365-195-900 through 365-195-925 and RCW 36.70A.172, and in consultation with state and federal
agencies and other qualified professionals. (Ord. 019-17 § 18 (Exh. 1)).
20.162.014 Applicability.
Except as provided for otherwise herein, the provisions of this chapter shall apply to all persons and
agencies, public or private, engaging in land uses, building, and/or development activity in the city of
Port Orchard that requires city approval. (Ord. 019-17 § 18 (Exh. 1)).
(1) Critical Areas Review. All development in critical areas and their buffers, whether on public or
private property, shall comply with the requirements of this chapter. The critical areas ordinance
applies to all uses and activities within areas or adjacent areas designated as regulated critical areas
and/or their buffers that are within 300 feet of a site unless identified as exempt in Section
20.162.032. Regulated uses and activities include, but not limited to:
(a) Removing, excavating, disturbing, or dredging soil, sand, gravel, minerals, organic matter, or
materials of any kind;
(b) Dumping, discharging, or filling with any material;
(c) Draining, flooding, or disturbing the water level or water table;
(d) Driving pilings or placing obstructions;
(e) Constructing, demolishing, or altering the size of any structure or infrastructure that results in
disturbance of a critical area or the addition of any impervious surface coverage to a site that results
in disturbance of a critical area;
(f) Destroying or altering vegetation through clearing, grading, harvesting, shading, or planting
vegetation that would alter the character of a critical area;
(g) Activities that result in significant changes in water temperature and physical or chemical
characteristics of water sources, including quantity and pollutants; and
(h) Any other activity that has a potential to significantly adversely impact or alter a critical area or
established buffer not otherwise exempt from the provisions of this chapter.
20.162.016 Relationship to other regulations.
(1) Nothing in this chapter in any way limits, or may be construed to limit, the authority of the city under
any other applicable law, nor in any way decreases the responsibility of the applicant to comply with all
other applicable local, state, and federal laws and regulations.
(2) These critical areas regulations shall apply as an overlay and in addition to land use, development,
building, and other regulations adopted by the city.
(3) When any provision of any other chapter of the POMC conflicts with this chapter or when the
provisions of this chapter are in conflict, that provision which provides more protection to
environmentally critical areas shall apply unless specifically provided otherwise in this chapter or unless
such provision conflicts with federal or state laws or regulations.
(4) Compliance with the provisions of this chapter does not constitute compliance with other federal,
state, and local regulations and permit requirements that may be required. The applicant is responsible
for complying with these requirements, apart from the regulations established in this chapter.
(5) Where critical areas occur within the city's shoreline jurisdiction as established by the city's shoreline
master program (Chapter 20.164 POMC), they are regulated under the regulations and provisions of the
shoreline master program. (Ord. 019-17 § 18 (Exh. 1)).
20.162.018 Inventory provisions.
(1) The approximate location and extent of mapped critical areas within the city are shown on the maps
adopted as part of this chapter, and incorporated herein by this reference. These maps shall be used
only as a general guide for the assistance of the department and the public; for a specific development
or use proposal, the type, extent and boundaries shall be determined in the field by a qualified specialist
or staff person according to the requirements of this chapter. In the event of a conflict between a critical
area location shown on the city's maps and that of an on -site determination, the on -site determination
shall apply.
(2) Future Inventory Provisions. The city will review map inventory information of all critical areas as it
becomes available or on an annual basis. Mapping will include critical areas that are identified through
site -specific analysis by local, state and federal agencies, tribal governments, site -specific environmental
reports and other sources. (Ord. 019-17 § 18 (Exh. 1)).
20.162.020 Administration — Generally.
(1) The director, or his/her authorized designee, shall administer and interpret the provisions of this
chapter, except as otherwise specifically provided. The director shall determine whether building,
development, platting, or alteration of vegetation, trees, or habitat is subject to this chapter. The
director may also consult with other city departments and state and federal agencies as necessary to
obtain additional technical and environmental review assistance. The director is authorized to adopt
such administrative rules and regulations as are necessary and appropriate to implement the provisions
of this chapter.
(2) This chapter is to be administered with flexibility and attention to site -specific characteristics. It is
not the intent of this chapter to make a parcel of property unusable by denying its owner reasonable
economic use of the property nor to prevent the provision of public facilities and services necessary to
support existing development.
(3) The approvals granted under this chapter shall be valid for the same time period as the underlying
permit (e.g., preliminary plat, building permit, etc.). If the underlying permit does not contain a specified
expiration date, then approvals granted under this chapter shall be valid for a period of three years from
the date of issue, unless a longer or shorter period is specified by the director.
(4) If an activity is subject to this chapter but is not subject to any established city permit or approval,
the proponent shall obtain written authorization from the director prior to commencement to ensure
compliance with this chapter. Such authorization shall be processed as a Type I land use decision
pursuant to Chapter 20.22 POMC.
(5) Nothing in this chapter in any way limits, or may be construed to limit, the authority of the city under
any other applicable law, nor in any way decreases the responsibility of the applicant to comply with all
other applicable local, state, and federal laws and regulations. (Ord. 019-17 § 18 (Exh. 1)).
20.162.022 Application requirements — Generally.
(1) Where not otherwise required, all applicants are encouraged to meet with the department prior to
submitting an application subject to this title. The purpose of this meeting is to discuss the city's zoning
and applicable critical area requirements, to review any conceptual site plans prepared by the applicant
and to identify potential impacts and mitigation measures. Such conference shall be for the convenience
of the applicant and any recommendations shall not be binding on the applicant or the city.
(2) To expedite the City permit review process, the community development department shall be the
lead department on all work related to critical areas. Development may be prohibited in a proposed
development site based on criteria set forth in this chapter; the applicant should first determine
whether this is the case before applying for permits from the department.
(3) Application for development proposals, reasonable use exceptions, or variances regulated by this
chapter, or for review of special environmental reports, shall be made with the department by the
property owner, lessee, contract purchaser, other person entitled to possession of the property, or by
an authorized agent.
(4) All site plan applications for development proposals subject to this chapter shall include a site plan
drawn to scale identifying locations of critical areas and any associated buffers, location of proposed
structures and activities, including clearing and grading and general topographic information as required
by the department. If the department determines that additional critical areas are found on the subject
property, the applicant shall amend the site plan to identify the location of the critical area.
(5) A fee in an amount established by the city's fee schedule shall be paid at the time an application for a
permit relating to a critical area or a special report review is filed. (Ord. 019-17 § 18 (Exh. 1)).
(6) Application Procedures for regulated uses and activities. Any regulated use or activities containing a
regulated critical area or its buffer, or within 300 feet of a critical area, shall provide the any applicable
special reports, as defined in Article VIII and required by the department, prior to any development
authorization by the city. If an environmentally sensitive area is within 300 feet of the parcel but not on
the parcel, every effort should be made to obtain the required information. The department may
require additional reports or information to further identify potential impacts to any part of the
environment which may include the following:
(a) Erosion and sedimentation control measures and/or a stormwater or land disturbing activity
permit as required by the city's stormwater management regulations. (Ord. 010-18 § 28; Ord. 019-
17 § 18 (Exh. 1)).
20.162.024 Application requirements — Mitigation sequencing
(1) Mitigation sequencing. Applicants shall demonstrate that all reasonable efforts have been examined
with the intent to avoid and minimize impacts to critical areas. When alteration to a critical area or
modification to its buffer is proposed, such alteration shall be avoided, minimized, or compensated in
the following order of preference:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by
using appropriate technology or by taking affirmative steps, such as project redesign, relocation, or
timing, to avoid or reduce impacts;
(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment to the
conditions existing at the time of the initiation of the project;
(d) Reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the action;
(e) Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments; and
(f) Monitoring the impact and the compensation project and taking appropriate corrective measures
when necessary. Monitoring shall occur for a minimum of five years, or until the department
determines that the mitigation project has achieved success. Certain types of habitat communities
require additional time for establishment and may require monitoring for 10 or more years
depending on the site -specific circumstances and the scope of the mitigation project.
(2) Mitigation measures may be required to address potential impacts that are identified through the
sequencing listed above. Mitigation shall be consistent with the requirements of this chapter. (Ord. 019-
17 § 18 (Exh. 1)).
20.162.026 General mitigation requirements.
Unless otherwise provided in this chapter, if alteration to a critical area or its buffer is unavoidable, all
adverse impacts resulting from a development proposal or alteration shall be mitigated using the best
available science so as to result in no net loss of critical area functions and values, as provided below.
(1) In making a determination as to whether such a requirement will be imposed, and if so, the degree
to which it would be required, the director shall consider the following:
(a) The long-term and short-term effects of the action and the reversible or irreversible nature of
the impairment to or loss of the critical area;
(b) The location, size, and type of and benefit provided by the original and altered critical area;
(c) The effect the proposed work may have upon any remaining critical area or associated aquatic
system;
(d) The cost and likely success of the compensation measures in relation to the magnitude of the
proposed project or violation;
(e) The observed or predicted trend with regard to the gains or losses of the specific type of critical
area; and
(f) The extent to which the applicant has demonstrated a good faith effort to incorporate measures
to minimize and avoid impacts within the project.
(2) Mitigation projects shall not result in adverse impacts to adjacent property owners.
(3) Mitigation shall be in kind and on site, when possible, and sufficient to maintain the functions and
values of the critical area.
(4) Mitigation shall not be implemented until after permit approval of the director and shall be in
accordance with all reports and representations made therein.
(5) Mitigation Sequencing. When an alteration to a critical area or its buffer is proposed, an applicant
shall sufficiently demonstrate mitigation sequencing as defined in POMC 20.162.024 .
(6) Mitigation for Lost or Affected Functions. Compensatory mitigation shall address the functions
affected by the proposed project or alteration to achieve functional equivalency or improvement and
shall provide similar critical area or buffer functions as those lost, except when:
(a) The lost critical area or buffer provides minimal functions as determined by a site -specific
functional assessment, and the proposed compensatory mitigation action(s) will provide equal or
greater functions or will provide functions shown to be limiting within a watershed through the
appropriate analysis; or
(b) Out of kind replacement of critical area type or functions will best meet watershed goals formally
identified by the city, such as replacement of historically diminished critical areas.
(7) Type and Location of Mitigation. Unless it is demonstrated that a higher level of ecological
functioning would result from an alternative approach or required under Article III of this chapter,
compensatory mitigation for ecological functions shall be either in kind and on site, or in kind and within
the same subbasin, basin, or watershed. Mitigation actions shall be conducted within the same sub -
drainage basin and on the site of the alteration except when all of the following apply:
(a) There are no reasonable on -site or in subdrainage basin opportunities (e.g., on -site options
would require elimination of high functioning upland habitat), or on -site and in subdrainage basin
opportunities do not have a high likelihood of success based on a determination of the natural
capacity of the site to compensate for impacts. Considerations should include: anticipated
mitigation ratios for the identified critical area(s), buffer conditions and proposed widths, available
water to maintain anticipated hydrogeomorphic classes of wetlands, or streams when restored,
proposed flood storage capacity, potential to mitigate riparian fish and wildlife impacts (such as
connectivity);
(b) Off -site mitigation has a greater likelihood of providing equal or improved critical area functions
than the impacted critical area; and
(c) Off -site locations shall be in the same sub -drainage basin unless established watershed goals for
water quality, flood storage or conveyance, habitat, or other functions have been established by the
city and strongly justify location of mitigation at another site.
(8) Mitigation Banks.
(a) Credits from a mitigation bank may be approved for use as compensation for unavoidable
impacts to critical areas when:
(i) The bank is certified under state rules;
(ii) The director determines that the mitigation bank provides appropriate compensation for the
authorized impacts; and
(iii) The proposed use of credits shall be consistent with terms and conditions of the bank's
certification.
(b) Replacement ratios for projects using bank credits shall be consistent with replacement ratios
specified in the bank's certification.
(c) Credits from a certified mitigation bank may be used to compensate for impacts located within
the service area specified in the bank's certification. In some cases, the service area of the bank may
include portions of more than one adjacent drainage basin for specific habitat functions.
(9) In -Lieu Fee. To aid in the implementation of off -site mitigation, the city may develop a program
which prioritizes critical areas for use as mitigation and/or allows payment in lieu of providing mitigation
on a development site. This program shall be developed and approved through a public process and be
consistent with state and federal rules. The program should address:
(a) The identification of sites within the city that are suitable for use as off -site mitigation. Site
suitability shall take into account critical area functions, potential for critical area degradation, and
potential for urban growth and service expansion, and
(b) The use of fees for mitigation on available sites that have been identified as suitable and
prioritized.
(10) Timing of Compensatory Mitigation. It is preferred that compensation projects will be completed
prior to activities that will disturb the on -site critical area. If not completed prior to disturbance,
compensatory mitigation shall be completed immediately following the disturbance and prior to the
issuance of final certificate of occupancy. 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 compensatory mitigation when the applicant provides a
written explanation from a qualified professional as to the rationale for the delay (i.e., seasonal planting
requirements, fisheries window).
(11) Critical Area Enhancement as Mitigation. Impacts to critical area functions may be mitigated by
enhancement of existing significantly degraded critical areas, but should be used in conjunction with
restoration and/or creation where possible. Applicants proposing to enhance critical areas or their
buffers must include in a report how the enhancement will increase the functions of the degraded
critical area or buffer and how this increase will adequately mitigate for the loss of critical area and
function at the impact site. An enhancement proposal must also show whether any existing critical area
functions will be reduced by the enhancement action. (Ord. 019-17 § 18 (Exh. 1)).
20.162.028 Application requirements — Review criteria.
(1) Applications for any development proposal subject to the critical areas ordinance shall be reviewed
by the director or designee for completeness and consistency or inconsistency with this chapter.
(2) The director may withhold, condition, or deny land use, building, and/or development permits or
activity approvals to ensure that the proposed action is consistent with this chapter. In evaluating a
request for a development proposal regulated by this chapter, it shall be the responsibility of the
director to determine the following:
(a) The nature and type of critical area and the adequacy of any special reports required in
applicable sections of this chapter;
(b) Whether the development proposal is consistent with this chapter, by granting, denying, or
conditioning projects;
(c) Whether proposed alterations to critical areas are appropriate under the standards contained in
this chapter, or whether it is necessary for the applicant to seek a variance or other exception; and
(d) If the protection mechanisms and the mitigation and monitoring plans and bonding measures
proposed by the applicant are sufficient to protect the public health, safety and welfare consistent
with the purpose and regulations contained in this chapter, and if so, condition the permit or
approval accordingly.
(3) At every stage of the application process, the burden of demonstrating that any proposed
development is consistent with this chapter is upon the applicant. (Ord. 019-17 § 18 (Exh. 1))
20.162.030 Bonds.
(1) All bonds and acceptable securities guaranteeing compliance with this chapter shall be set in the
amount of 150 percent of the average expected value of the project. The value of the bond shall be
based on the engineer's estimate of the subject work. If the applicant and director do not agree to the
engineer's estimate, then the bond shall be based on the average of three contract bids that establish all
costs of compensation, including costs relative to performance, monitoring, maintenance, and provision
for contingency plans.
(2) Performance Bonds. Except for public agencies, applicants receiving a land use, development, or
building permit or approval subject to the provisions of this chapter are required to post a cash
performance bond or other acceptable security to guarantee compliance with this chapter prior to
beginning any site work. The surety shall guarantee that work and materials used in construction are
free from defects. All bonds shall be approved by the city attorney. The surety or bonds cannot be
terminated or canceled without written approval. The director shall release the bond after documented
proof that all structures and improvements have been shown to meet the requirements of this chapter
and that a maintenance bond has been posted, if required.
(3) Maintenance Bonds. Except for public agencies, an applicant shall be required to post a cash
maintenance bond or other acceptable security guaranteeing that structures and improvements
required by this chapter will perform satisfactorily for a minimum of three years after they have been
constructed and approved. All bonds shall be on a form approved by the city attorney. Without written
release, the bond cannot be canceled or terminated. The director shall release the bond after
determination that the performance standards established for measuring the effectiveness and success
of the project have been met. (Ord. 019-17 § 18 (Exh. 1)).
20.162.032 Notice to title.
The director shall require an applicant to file a "critical area and buffer notice to title" on a form
approved by the city with the Kitsap County auditor for all properties included in land use and
development proposals subject to the provisions of this chapter and containing critical areas and/or
their buffers. Such notice shall be a covenant that runs with the land in perpetuity and include
identification of the boundaries of the critical areas and/or their buffers and any permanent conditions
imposed by the city. The covenant shall be recorded prior to the issuance of any permit or at the time a
short plat or final plat is recorded. This notice shall serve as an official notice to subsequent landowners
that the land owner is responsible for complying with existing conditions for development or use as
established by this chapter and any city, state, or federal permits or other approvals, and shall accept
sole responsibility for any risk associated with the land's identified critical area. (Ord. 019-17 § 18 (Exh.
1)).
20.162.034 Exemptions.
(1) An exemption means that an activity is fully exempt from critical areas review and not subject to the
provisions of this chapter. An exemption from this chapter is not an endorsement to degrade a critical
area; ignore risk from natural hazards; or otherwise limit the ability of the director to identify and abate
such actions that may cause degradation to a critical area. All exempted activities shall use best
management practices to the greatest possible extent to avoid potential impacts to critical areas. Any
incidental damage to, or alteration of, a critical area or its buffer that is not a necessary and unavoidable
outcome of the exempted activity shall be mitigated through restoration, rehabilitation and/or
replacement at the responsible party's expense.
(2) The proponent of the activity shall submit a written request for exemption to the director that
describes the activity and states the exemption listed in this section that applies. The director shall
review the request to verify that it complies with this chapter and approve or deny the exemption as a
Type I administrative determination pursuant to Chapter 20.22 POMC.
(3) The following land use, development, building activities, and associated uses shall be exempt:
(a) Emergencies. Emergency activities are those activities necessary to prevent an immediate threat
to public health, safety, or welfare, or that pose an immediate risk of damage to property and that
require remedial or preventative action in a short time frame. The person or agency undertaking
such action shall notify the city and the director shall determine if the action taken is within the
scope of the emergency action allowed in this section. After the emergency, the person or agency
shall fully restore and/or mitigate any impacts to the critical areas and buffers resulting from the
action in accordance with an approved critical area report and mitigation plan.
(b) Operation Maintenance or Repair. Operation maintenance or repair of existing structures not
requiring permits or city approval, only if the activity does not further alter or increase the impact to
critical areas or their buffers.
(c) Passive Outdoor Activities. Recreation, education, and scientific research activities that do not
degrade the critical area.
(d) Forest Practices. Forest practices regulated and conducted in accordance with the provisions of
Chapter 76.09 RCW and forest practices regulations, WAC Title 222. When a proposed forest activity
has been classified as a Class IV forest practice for a conversion of forest land to another use, or
when a forest activity requiring a forest practices application is located within the city's urban
growth area, it shall be subject to the regulations and provisions of this chapter.
(e) Existing Infrastructure Maintenance and Repair. Maintenance, operation, repair, or replacement
of legally existing roads, utilities, infrastructure, and associated structures; provided that
reconstruction of any such structures does not extend outside of any designated easement or right-
of-way. Any existing infrastructure maintenance or repair that expands outside of the existing
improved area is subject to the mitigation sequencing requirements of this chapter.
(f) Activities within an improved Right -of -Way. Construction of new utility facilities, improvements,
or upgrades to existing utility facilities that take place within existing improved rights -of -way or
existing impervious surfaces that do not increase the amount of impervious surface. (Ord. 019-17
§ 18 (Exh. 1)).
(g) Activities within an improved City Park. Construction of new utility facilities, improvements, or
upgrades to existing utility facilities that take place within existing improved rights -of -way or
existing substantially developed areas that do not increase the amount of impervious surface or
substantially developed areas.
(h) Activities within substantially developed public school facilities and grounds.
i. Maintenance of an existing golf course provided that work is not performed to expand the course,
driving range boundary, or substantially developed areas
j. Normal maintenance, and reconstruction of structures; provided, that reconstruction may not
extend beyond existing footprint.
k. Noxious and Invasive species removal and maintenance, provided the following apply:
(i) Undertaken by manual methods, including handheld mechanical tools and integrated pest
management practices;
(ii) Vegetation removed appears on the current Washington State Noxious Weed Control Board list
and must be handled and disposed of in accordance with the best management practices
appropriate for that species and approved by the City;
(iii) Noxious and invasive vegetation removal and maintenance is limited to wetland buffers and
riparian management zones only;
(iv) An approved supplemental planting plan shall be implemented upon completion of any
vegetation removal and shall be monitored according to the monitoring requirements outlined in
this Chapter.
(1) Removal of hazardous tree(s) can be completed under the following conditions:
(i) Requires a qualified arborist to evaluate the tree(s) and submit a request for hazardous tree
removal;
(ii) The request includes removal methods to avoid and minimize damage to adjacent trees and
other vegetation;
(iv) The request adequately demonstrates no adverse impacts will occur to the critical area or
associated buffer and/or riparian management zone.
20.162.036 Exceptions.
An exception means that an activity is subject to the provisions of this chapter and must undergo full
critical areas review but may receive special consideration and relief from certain provisions of this
chapter. Exceptions applications must address mitigation sequencing. The following are identified
exceptions to the provisions of this chapter:
(1) Public Agencies. Public agencies may make an application for exception to the director for
construction of items such as new roads, utilities, infrastructure, buildings, and associated facilities. The
application shall include critical area identification; a critical area report, including a mitigation plan if
necessary; and any other related project documents such as environmental documents pursuant to
SEPA, Chapter 43.21C RCW. The decision whether to grant the public agency utility exception from
provisions of this chapter shall be processed as a Type II land use decision per Chapter 20.22 POMC
pursuant to the following review criteria:
(a) There is no other practical alternative to the proposed development with less impact on the
critical areas; and
(b) The application of this chapter would unreasonably restrict the ability to provide services to the
public.
(c) The application attempts to protect and mitigate impacts to the critical area functions and values
consistent with best available science; and
(d) the application is consistent with other applicable regulations and standards of this chapter.
(2) Reasonable Use. An applicant may apply for a reasonable use exception if it can be demonstrated
that application of this chapter would deny all reasonable use of the subject property. The application
shall include critical areas identification; a critical areas report including a mitigation plan, if necessary;
and any other related project documents such as environmental documents and special studies. The
decision whether to grant the reasonable use exception shall be processed as a Type III land use decision
per Chapter 20.22 POMC pursuant to the following review criteria:
(a) The application of this chapter would deny all reasonable use of the property;
(b) No other reasonable use of the property has less impact on the critical area;
(c) Any alteration is the minimum necessary to allow for reasonable use of the property; and
(d) The inability of the applicant to derive reasonable use of the property is not the result of actions
by the applicant after the effective date of this chapter or its predecessor. (Ord. 019-17 § 18 (Exh.
1)).
20.162.038 Critical Areas Variances.
(1) Except when application of this chapter would deny all reasonable use of the property, an applicant
who seeks an exception from the standards and requirements of the CAO shall pursue relief by means of
a critical areas variance as provided for in this section.
(2) A variance in the application of the regulations, standards, or use prohibitions of this chapter to a
particular property may be granted by the director when it can be shown that the application meets all
of the following criteria:
(a) Because of special circumstances applicable to the subject property, including size, shape, or
topography, the strict application of this chapter is found to deprive subject property of rights and
privileges enjoyed by other properties in the vicinity; provided, however, the fact that those
surrounding properties have been developed under regulations in force prior to the adoption of this
chapter shall not be the sole basis for the granting of a variance;
(b) The special circumstances referred to in subsection (2)(a) of this section are not the result of the
actions of the current or previous owner(s);
(c) The granting of the variance will not result in substantial detrimental impacts to the critical area,
public welfare or injurious to the property or improvements in the vicinity and area in which the
property is situated or contrary to the goals, policies and purpose of this chapter;
(d) The granting of the variance is the minimum necessary to accommodate the permitted use;
(e) No other practicable or reasonable alternative exists; and
(f) Mitigation sequencing as defined in this chapter shall be demonstrated to show that all
reasonable efforts have been examined with the intent to avoid and minimize impacts to critical
areas.
(3) A variance application under this chapter shall be processed as a Type III land use decision pursuant
to Chapter 20.22 POMC.
(4) Requests for variances shall include the requirements of Articles VIII and IX of this chapter regarding
critical areas reports and habitat plans, as applicable to the proposed activity or use.
(5) The department shall review variances based on the criteria and standards referenced in this chapter
and the procedures in Subtitle II of this title, Permitting and Development Approval.
(7) The applicant for a variance is responsible for complying with all state and federal regulations that
may apply to the proposed activity, whether or not a variance for CAO requirements is granted by the
city. State and federal permits will be required for certain activities in critical areas, including but not
limited to in -water or wetland work. All other relevant city permit and regulatory requirements shall
also be met for the proposed activity. (Ord. 019-17 § 18 (Exh. 1)).
20.162.0340 Nonconforming — Existing structures.
Existing development within a property that containing a critical area which was lawfully constructed,
approved or established prior to the effective date of the ordinance codified in this chapter, but which
does not conform to present regulations or standards, may continue as follows:
(1) Existing Structures. A legally established structure that has been made nonconforming due to the
adoption of this ordinance may be remodeled or reconstructed so long as all of the following provisions
are met:
(a) The remodel or reconstruction shall not introduce any new, or expand existing, impacts to a
critical area unless such impacts are fully mitigated as required under POMC 20.162.024; and
(b) All other standards and requirements contained in the Port Orchard Municipal Code are met.
(2) Where mitigation is required in subsection (1)(a) of this section, the applicant shall provide
mitigation measures to reduce historic impacts on the critical area.
(3) Where projects have been permitted (and the permits have not expired) or constructed with
conditions to protect critical areas under previous protection policies in effect prior to the adoption of
this chapter, those conditions will apply unless and until an alteration, expansion or other change in
development or use will result in a detrimental impact to a critical area or its buffer. The provisions of
this chapter shall also apply in cases where the department determines, based on review of current
information, that the prior conditions will result in a detrimental impact to a critical area or its buffer.
(Ord. 019-17 § 18 (Exh. 1)).
20.162.042 Enforcement — Violation — Penalty.
(1) Enforcement —Violation.
(a) No regulated activity under this chapter shall be conducted without a permit or written approval
and without full compliance with this chapter. All activities not allowed or conditionally approved
shall be prohibited.
(b) The director shall have authority to enforce this chapter, issue delineation verifications, permits,
and violation notices, and process violations through the use of administrative orders and/or civil
and criminal actions as provided for herein, and as provided for in Chapter 2.64 POMC.
(c) In the event of violation, the city shall have the authority to order restoration, enhancement, or
creation measures to compensate for the destroyed or degraded critical area. All development work
shall remain stopped until a restoration plan is prepared at the expense of the owner or violator and
approved by the city. The plan shall be prepared by a qualified professional using the best available
science and shall describe how the actions proposed meet the minimum requirements described in
this chapter. The director may, at the owner or violator's expense, seek expert advice in determining
the adequacy of the plan. Inadequate plans shall be returned to the owner or violator for revision
and resubmittal. If work is not completed in a reasonable time following the order, the city may
implement a process to restore or enhance the affected site. This includes creation of new wetlands
or streams to offset loss as a result of violation of the provisions in this chapter. The violator shall be
liable for all costs of such action, including administrative costs.
(d) The enforcement provisions of this chapter apply to all activities exempted under this chapter.
The director's determination that a violation exists is not limited by determinations made by other
city agencies or public agencies.
(e) Failure to comply with an administrative order of the director under this chapter shall constitute
a violation subject to enforcement pursuant to this chapter and/or Chapter 2.64 POMC.
(3) Penalties.
(a) Any violation of any provision of this chapter constitutes a public nuisance civil violation under
Chapter 2.64 POMC for which a monetary penalty may be assessed and abatement and/or
enforcement may be required as provided therein.
(b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any
person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to
Chapter 2.64 POMC. Each day, or a portion thereof, during which a violation occurs shall constitute a
separate violation.
(4) Imminent and Substantial Dangers. Notwithstanding any provisions of these regulations, the director
may take immediate action to prevent an imminent and substantial danger to the public health, welfare,
safety or the environment by the violation of any provision of this chapter.
(5) Other Legal or Equitable Relief. Notwithstanding the existence or use of any other remedy, the
director may seek legal or equitable relief to enjoin any acts or practices or abate any conditions which
constitute or will constitute a violation of the provisions of the critical areas ordinance. (Ord. 019-17
§ 18 (Exh. 1)).
20.162.044 Liability.
(1) The city is not liable for any damage resulting from land use, building, or development activities
within environmentally critical areas. Prior to issuance of any land use, building, and/or development
permit or approval, the applicant may be required to enter into an agreement with the city, in a form
acceptable to the city attorney, releasing and indemnifying the city from and for any damage or liability
resulting from any development activity on the subject property that is related to the physical condition
of the critical area. This agreement shall be recorded with the Kitsap County recorder's office at the
applicant's expense and shall run with the property.
(2) The city may also require the applicant to obtain insurance coverage for damage to city or private
property and/or city liability related to any such development activity. (Ord. 019-17 § 18 (Exh. 1)).
20.162.046 Definitions — Generally.
All words used in this chapter shall have their common definition, as used in context, unless a specific
definition is set forth herein. The definitions set forth in this chapter shall control, followed by
definitions in Chapter 20.12 POMC, and then the common definition.
Adjacent. For the purpose of the critical areas ordinance, "adjacent" is defined as the area within 300
feet of a critical area.
"Agricultural practices" means activities related to vegetation and soil management, such as tilling of
soil, control of weeds, control of plant diseases and insect pests, soil maintenance and fertilization as
well as animal husbandry.
"Alteration" means any human -induced action that changes the existing condition of a critical area.
Alterations include but are not limited to grading; filling; grubbing; dredging; draining; channelizing;
cutting; pruning; limbing or topping; clearing, relocating or removing vegetation, except noxious weeds
identified by the Washington Department of Agriculture or the Kitsap County cooperative extension;
applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants, excepting
stormwater; grazing domestic animals; paving; construction; application of gravel; modifying for surface
water management purposes; or any other human activity that changes the existing vegetation,
hydrology, wildlife or wildlife habitat. Alteration does not include walking, passive recreation, fishing or
other similar activities.
"Anadromous fish" means fish whose life cycle includes time spent in both fresh and salt water.
"Aquaculture practices" means the harvest, culture or farming of food fish, shellfish, or other aquatic
plants and animals including fisheries enhancement and the mechanical harvesting of shellfish and
hatchery culture.
"Aquifer" means a saturated body of rock, sand, gravel or other geologic material that is capable of
storing, transmitting and yielding water to a well.
"Aquifer recharge" means the process by which water is added to an aquifer. It may occur naturally by
the percolation (infiltration) of surface water, precipitation, or snowmelt from the ground surface to a
depth where the earth materials are saturated with water. The aquifer recharge can be augmented by
"artificial" means through the addition of surface water (e.g., land application of wastewater or
stormwater) or by the injection of water into the underground environment (e.g., drainfields and
drywells).
"Aquifer recharge area" means those areas overlying aquifer(s) where natural or artificial sources of
water can move downward to an aquifer(s).
"Aquifer susceptibility" means the ability of the natural system to transmit contaminants to and through
the groundwater system.
"Aquifer vulnerability" means the likelihood that the natural system will transmit contaminants to and
through a groundwater system, based on natural geological and hydrogeological characteristics and land
use practices.
"Bank stabilization" means lake or stream modification including vegetation enhancement, used for the
purpose of retarding erosion, protecting channels, and retaining uplands.
"Bench (geologic)" means a relatively flat and wide landform along a valley wall.
"Best available science" means scientifically valid information in accordance with WAC 365-195-905, as
now or hereafter amended, that is used to develop and implement critical areas policies or regulations.
"Best management practices" means conservation practices (physical, structural and/or managerial) or
systems of practices and management measures that:
(1) Control soil loss and reduce water quality degradation caused by nutrients, pathogens, bacteria, toxic
substances, pesticides, oil and grease, and sediment; and
(2) Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the
chemical, physical, and biological characteristics of critical areas.
"Bog" means a low -nutrient, acidic wetland with organic soils and characteristic bog plants, as described
in Washington State Wetland Rating System for Western Washington: 2014 Update (Washington State
Department of Ecology Publication No. 14-06-29, Olympia, WA, October 2014).
"Candidate species (state listed)" means species under review by the Department of Fish and Wildlife
for possible listing as endangered, threatened or sensitive. A species will be considered for state
candidate designation if sufficient scientific evidence suggests that its status may meet criteria defined
for endangered, threatened, or sensitive in WAC 232-12-297. Currently listed state threatened or state
sensitive species may also be designated as a state candidate species if their status is in question. State
candidate species will be managed by the Department of Fish and Wildlife, as needed, to ensure the
long-term survival of populations in Washington. See the current WDFW Priority Habitats and Species
list for Kitsap County for all listed and candidate species.
"City" means the city of Port Orchard.
"City council" means the city council of the city of Port Orchard.
"Clearing" means the destruction, disturbance or removal of vegetation by physical, mechanical,
chemical or other means.
"Compensation" means replacement of project -induced critical area (e.g., wetland) losses of acreage or
functions, including, but not limited to, restoration, creation, or enhancement.
Conversion Option Harvest Plan (COHP). (This definition relates to types of forest practices.) "Conversion
option harvest plan (COHP)" means a plan for landowners who want to harvest their land but wish to
maintain the option for conversion pursuant to WAC 222-20-050. "Conversion" to a use other than
commercial timber operation shall mean a bona fide conversion to an active use which is incompatible
with timber growing.
"Creation" means actions performed to intentionally establish a critical area at a site where it did not
formerly exist.
"Critical aquifer recharge areas" means those land areas which contain hydrogeologic conditions which
facilitate aquifer recharge and/or transmitting contaminants to an underlying aquifer.
"Critical area buffer" means an area of protection around a critical area.
"Critical area protection easement" means an agreement conveyed through a notice to title, or shown
on the face of a plat or site plan, for the purpose of perpetual or long-term conservation.
"Critical areas" includes the following areas and ecosystems, as provided in RCW 36.70A.030: (a)
wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and
wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas.
"Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as
irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within
the boundaries of and are maintained by a port district or an irrigation district or company.
"Critical areas ordinance" or "CAO" means this chapter.
"Danger trees" means any tree of any height, dead or alive, that presents a hazard to the public because
of rot, root stem or limb damage, lean or any other observable condition created by natural process or
manmade activity consistent with WAC 296-54-529(28).
Debris. See "refuse."
"Development proposal site" means, for purposes of the critical areas ordinance, the legal boundaries of
the parcel or parcels of land on which an applicant has applied for authority from the city of Port
Orchard to carry out a development proposal.
"Draining (related to wetland)" means any human activity that diverts or reduces wetland groundwater
and/or surface water sources.
"Easement" or "critical area protection easement" for purposes of this chapter means an agreement
conveyed through a deed, or shown on the face of a plat or site plan for the purpose of perpetual or
long-term conservation.
"Endangered species (state listed)" means a species native to the state of Washington that is seriously
threatened with extinction throughout all or a significant portion of its range within the state.
Endangered species are legally designated in WAC 232-12-014.
"Erosion hazard areas" means land characterized by any of the soil types identified by the Natural
Resources Conservation Service as "highly erodible land." This designation pertains to water erosion and
not wind erosion. These areas may not be highly erodible until or unless the soil is disturbed by activities
such as clearing or grading.
"Excavation" means removal of earth material.
"Existing and ongoing agriculture" means those activities conducted within the last five years on lands
defined in RCW 84.34.020(2) or defined as agricultural practices in this chapter. For example, the
operation and maintenance of existing farm and stock ponds or drainage ditches, operation and
maintenance of ditches, irrigation systems including irrigation laterals, canals, or irrigation drainage
ditches, changes between agricultural activities, such as rotating crops or grasses used for grazing, and
normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas;
provided, that alteration of the contour of wetlands or streams by leveling or filling other than that
which results from normal cultivation or draining of wetlands shall not be considered normal or
necessary farming or ranching activities. Activities that bring an area into agricultural use shall not be
considered part of an ongoing activity.
"Exotic" means any species of plant or animal that is not indigenous (native) to an area.
"Extraordinary hardship" means where the strict application of this chapter and/or other programs
adopted to implement the critical areas ordinance by the regulatory authority would prevent all
reasonable use of the parcel.
"Farm and agricultural conservation land" means:
(1) Land that was previously classified under RCW 84.34.020(2) ("Farm and agricultural land") that no
longer meets the criteria of said subsection (2) and that is reclassified under RCW 84.34.020(1) ("Open
space land"); or
(2) Land that is traditional farmland that is not classified under Chapter 84.33 or 84.34 RCW that has not
been irrevocably devoted to a use inconsistent with agricultural uses, and that has a high potential of
returning to commercial agriculture.
"Farm pond" means an open -water habitat of less than five acres and not contiguous with a stream,
river, lake or marine water created from a nonwetland site in connection with agricultural activities.
"Filling" or "fill" means a deposit of earth or other natural or manmade material placed by artificial
means, including, but not limited to, soil materials, debris, or dredged sediments.
"Floodplain" means the floodway and associated special flood hazard areas having the potential to flood
once every 100 years, or having a one percent chance of being equaled or exceeded in any given year.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
"Forage fish" means anchovy, herring, sand lance and smelt.
"Frequently flooded areas" means all Kitsap County lands, shorelands and waters which are within the
100-year floodplain (floodway) as designated by the Federal Emergency Management Agency in flood
insurance rate and boundary maps (FIRM).
"Geologic hazard areas" means areas that, because of their susceptibility to erosion, sliding, earthquake,
or other geological events, are not suited to siting commercial, residential or industrial development
consistent with public health or safety concerns. Source: WAC 365-190-030(8).
"Geotechnical report and geological report" means a study of potential site development impacts
related to retention of natural vegetation, soil characteristics, geology, drainage, groundwater
discharge, and engineering recommendations relating to slope and structural stability. The geotechnical
report shall be prepared by or in conjunction with a licensed geotechnical engineer meeting the
minimum qualifications as defined by this chapter. Geological reports may contain the above
information with the exception of engineering recommendations, and may be prepared by a geologist
(see Article VIII of this chapter, Special Reports, for minimum qualifications).
"Habitat" means the specific areas or environments in which a particular type of plant or animal lives.
An organism's primary and secondary habitat provides all the basic requirements for life of the
organism.
"Habitat management plan" means a report prepared by a professional wildlife biologist or fisheries
biologist which discusses and evaluates critical fish and wildlife habitat functions and evaluates the
measures necessary to maintain, enhance and improve habitat conservation on a proposed
development site.
"Habitat of local importance" means a seasonal range or habitat element with which a given species has
a primary association, and which, if altered, may reduce the likelihood that the species will maintain and
reproduce over the long term. These might include areas of high relative density or species richness,
breeding habitat, winter range, and movement corridors. These might also include habitats that are of
limited availability or areas of high vulnerability to alteration, such as cliffs, talus, and wetlands.
"Hazardous substance(s)" means any liquid, solid, gas or sludge, including any materials, substance,
product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria
of hazardous waste, including waste oil and petroleum products.
"Hazardous tree" means a tree that poses a threat to life, property, or public safety.
"Hydric soils" means a soil that formed under conditions of saturation, flooding, or ponding long enough
during the growing season to develop anaerobic conditions in the upper part.
"Hydrologist" or "hydrogeologist" means a person who has a bachelor of science degree in geologic
sciences with an emphasis in hydrogeology or related field from an accredited college or university and
has a minimum of five years' experience in groundwater investigations, modeling and remediation.
"Hydrophytes" means those plants capable of growing in water or on a substrate that is at least
periodically deficient in oxygen as a result of excessive water content. Source: WAC 173-22-030.
"Infiltration rate" means a general description of how quickly or slowly water travels through a
particular soil type.
"Investigation" means work necessary for land use application submittals such as surveys, soil logs,
percolation tests or other related activities.
"Landslide hazard areas" means areas potentially subject to risk of mass movement due to a
combination of geologic, topographic, and hydrologic factors.
"Liquefaction" means a process in which a water -saturated soil, upon shaking, suddenly loses strength
and behaves as a fluid (see Article III of this chapter, Wetlands).
"Lot" means a measured parcel of land having fixed boundaries and designated on a plat or survey. A
physically separate and distinct parcel of property, which has been created pursuant to the provisions of
the Port Orchard zoning code requirements. A fractional part of divided lands having fixed boundaries,
being of sufficient area and dimension to meet minimum zoning requirements for width and area. The
term shall include tracts or parcels; however, tracts or parcels that are created solely for the protection
of wetlands shall not count towards the total number of lots allowed; provided they are not meant or
used for building purposes.
"Low impact activities" means activities that do not require a development permit and/or do not result
in any alteration of hydrology or adversely impact the environment.
"Major new development" means any new development, as defined in below, within or within 300 feet
of a critical area:
(1) Subdivisions of land;
(2) Clearing, grading or filling one acre or greater in area;
(3) Any new commercial development in excess of 750 square feet in area authorized in the city of Port
Orchard zoning code;
(4) Development requiring conditional use or special use permits required under the city of Port Orchard
zoning code;
(5) Planned residential developments authorized under the city of Port Orchard zoning code;
(6) Any structure footprint in excess of 4,000 square feet in area, except for single-family residences;
(7) Any residential development except as exempted in POMC 20.162.032.
"Minor new development" means any new development, as defined below, within or within 300 feet of
a critical area:
(1) Normal maintenance or repair of existing structures or developments, including damage by accident,
fire or the elements;
(2) Emergency construction necessary to protect property from damage by the elements;
(3) Construction and practices normal or necessary for farming, irrigation, and ranching activities,
including agricultural service roads and utilities, construction of an agricultural building less than 3,000
square feet in size used exclusively for agricultural activities and the construction and maintenance of
irrigation structures including but not limited to head gates, pumping facilities and irrigation channels;
provided, that a feedlot of any size, all processing plants, other activities of a commercial nature,
alteration of the contour of wetlands or streams by leveling or filling other than that which results from
normal cultivation shall not be considered normal or necessary farming or ranching activities;
(4) Construction of one single-family residence and normal appurtenances necessarily connected to the
use and enjoyment of a single-family residence and may include a garage; deck; driveway; utilities;
fences; grading less than one acre in area; and home occupations pursuant to the city of Port Orchard
zoning code, as now or hereafter amended;
(5) Construction of a dock, designed for pleasure craft only, for the private noncommercial use of the
owner, lessee, or contract purchaser of a single-family residence;
(6) Operation and maintenance of any system of dikes, ditches, drains, or other facilities which legally
existed prior to the date of adoption of the critical areas ordinance, and which were created, developed,
or utilized primarily as a part of an agricultural drainage or diking system;
(7) Development authorized by POMC 20.162.032, Exemptions, and/or by POMC 20.162.038,
Nonconforming — Existing structures.
"Mitigation" means avoiding, minimizing or compensating for adverse critical area impacts. Mitigation
includes the following specific categories:
(1) Mitigation, compensatory: replacing project -induced critical area losses or impacts, including, but not
limited to, restoration, creation, or enhancement.
(2) Mitigation, creation: mitigation performed to intentionally establish a critical area (e.g., wetland) at a
site where it does not currently exist.
(3) Mitigation, enhancement: mitigation performed to improve the condition of existing degraded
critical areas (e.g., wetlands) so that the functions they provide are of a higher quality.
(4) Mitigation, restoration: mitigation performed to reestablish a critical area (e.g., wetland), or its
functional characteristics and processes, which have been lost by alterations, activities or catastrophic
events within an area which no longer meets the definition of a critical area.
All mitigation shall be consistent with Article XII of this chapter.
"Native vegetation" means vegetation indigenous to the Puget Sound coastal lowlands.
"Nonconforming use or structure" means a use of land or structure which was lawfully established or
built and which has been lawfully continued but which does not conform to the current regulations of
the zone in which it is located as established by the city of Port Orchard zoning code relating to repair of
damaged structures, this chapter, or amendments thereto.
"Normal maintenance" includes those usual acts to prevent a decline, lapse or cessation from a lawfully
established condition. Normal maintenance includes removing debris from and cutting or manual
removal of vegetation in crossing and bridge areas. Normal maintenance does not include:
(1) Use of fertilizer or pesticide application in wetlands, fish and wildlife habitat conservation areas, or
their buffers;
(2) Redigging ditches in wetlands or their buffers to expand the depth and width beyond the original
ditch dimensions;
(3) Redigging existing drainage ditches in order to drain wetlands on lands not classified as existing and
ongoing agriculture under POMC 20.162.032, Exemptions.
"Open space" is land used for outdoor recreation, critical area or resource land protection, amenity,
safety or buffer, including structures incidental to these open space uses, but excluding yards required
by this chapter and land occupied by dwellings or impervious surfaces not related to the open space
uses.
"Ordinary high water mark" means that mark that will be found by examining the bed and banks and
ascertaining where the presence and action of waters are so common and usual, and so long continued
in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in
respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or
as it may change thereafter in accordance with permits issued by a local government or the department;
provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water
mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark
adjoining fresh water shall be the line of mean high water.
"Organic debris" includes, but is not limited to, stumps, logs, branches, leaves and other organic
materials.
"Out -of -kind compensation" means to replace a critical area (e.g., wetland) with a substitute critical area
(e.g., wetland) whose characteristics do not closely approximate those destroyed or degraded by a
regulated activity. It does not refer to replacement "out -of -category," such as replacement of wetland
loss with new stream segments.
"Parks" means ...
"Permit" means any development, variance, conditional use permit, or revision authorized under
Chapter 90.58 RCW or city regulations.
"Planned residential development (PRD)" means development specifically approved by the city and
characterized by comprehensive planning of the total project, though it may contain a variety of
individual lots and/or uses. This type of project may include clustering of structures and preservation of
open space with a number of flexible and customized design features specific to the natural features of
the property and the uses sought to be implemented. Specific lot area and setback requirements are
reduced or deleted in order to allow maximization of open space, critical areas and other components of
the project.
"Piped Stream" means those sections of streams as defined in this chapter that have been legally piped
during past land use activities. Piped streams do not include those sections of piped infrastructure that
conveys water from irrigation ditches, canals, storm or surface water runoff devices or other artificial
watercourses unless they are used by fish or used to convey streams naturally occurring prior to
construction.
"Practicable alternative" means an alternative that is available and capable of being carried out after
taking into consideration cost, existing technology, and logistics in light of overall project purposes, and
having less impacts to critical areas. It may include an area not owned by the applicant, which could
reasonably have been or be obtained, utilized, expanded, or managed in order to fulfill the basic
purpose of the proposed activity.
"Priority habitat" means a seasonal range or habitat element with which a given species has a primary
association, and which, if altered, may reduce the likelihood that the species will maintain and
reproduce over the long term. These might include areas of high relative density or species richness;
breeding, nesting, feeding, foraging, and migratory habitat; winter range, movement corridors; and/or
habitats that are of limited availability or high vulnerability to alteration. Priority habitats are established
by the Washington State Department of Fish and Wildlife within their priority habitats and species
database. Where possible, priority habitats and other wetland and fish and wildlife habitat areas should
be connected with wildlife corridors. Priority habitats shall be confirmed by a qualified biologist in a
special report in accordance with Article VIII of this chapter.
"Priority species" include those which are state listed endangered, threatened, sensitive, candidate and
monitored species as well as priority game and nongame species. Priority species are established, in
part, by the Washington Department of Fish and Wildlife within their priority habitats and species
database.
"Public facilities" means facilities which are owned, operated and maintained by a public agency.
"Public project of significant importance" means a project funded by a public agency, department or
jurisdiction which is found to be in the best interests of the citizens of the city of Port Orchard and is so
declared by the Port Orchard city council.
"Public utility" means a business or service, either governmental or having appropriate approval from
the state, which is engaged in regularly supplying the public with some commodity or service which is of
public consequence and need, such as electricity, gas, sewer and/or wastewater, water, transportation
or communications.
"Ravine" means a v-shaped landform generally having little to no floodplain and normally containing
steep slopes, which is deeper than 10 vertical feet as measured from the centerline of the ravine to the
top of the slope. Ravines are typically created by the wearing action of streams.
"Reasonable alternative" means an activity that could feasibly attain or approximate a proposal's
objectives, but at a lower environmental cost or decreased level of environmental degradation.
"Reasonable Use". A property is deprived of all "reasonable use" when the owner can realize no
reasonable return on the property or make any productive use of the property. "Reasonable return"
does not mean a reduction in value of the land, or a lack of a profit on the purchase and sale of the
property, but rather, where there can be no beneficial use of the property; and which is attributable to
the implementation of the critical areas ordinance.
"Reasonable use exception" means the process by which the city determines allowable use of a property
which cannot conform to the requirements set forth in this chapter, including the variance criteria. See
POMC 20.162.034 for reasonable use exception procedures.
"Refuse" means material placed in a critical area or its buffer without permission from any legal
authority. Refuse includes, but is not limited to, stumps, wood and other organic debris, as well as tires,
automobiles, construction and household refuse. This does not include large woody debris used with an
approved enhancement plan.
"Regulated use or activity" means any development proposal which includes or directly affects a critical
area or its buffer or occurs within 300 feet of a critical area.
"Rehabilitation" means the manipulation of the physical, chemical or biological characteristics of a site
with the goal of repairing natural or historical functions and processes of a degraded wetland. Activities
could involve breaching a dike to reconnect wetlands to a floodplain, restoring tidal influence to a
wetland, or breaking drain tiles and plugging drainage ditches.
"Restoration" means the return of a critical area (e.g., stream or wetland) to a state in which its
functions and values approach its unaltered state as closely as possible.
"Riparian management zone" means the designated buffer area contiguous or adjacent to a stream that
is required for the continued maintenance, function, and structural stability of the stream. Functions of
the buffer include shading, uptake of nutrients, stabilization of banks, protection from intrusion, large
wood delivery, pollution removal, or maintenance of wildlife. These generally occur adjacent to water
bodies where specific measures are needed to protect fish and wildlife habitat needs and watershed
functions.
"Salmonid" means a member of the fish family Salmonidae. This family includes chinook, coho, chum,
sockeye and pink salmon; rainbow, steelhead, cutthroat, brook and brown trout; and Dolly Varden char,
kokanee, and whitefish.
"Sensitive species (state listed)" means a species, native to the state of Washington, that is vulnerable or
declining and is likely to become endangered or threatened in a significant portion of its range within
the state without cooperative management or the removal of threats. Sensitive species are legally
designated in WAC 232-12-011.
"Single-family dwelling" means a building or structure which is intended or designed to be used, rented,
leased, let or hired out to be occupied for living purposes by one family and including accessory
structures and improvements.
"Special flood hazard areas" means the area adjoining the floodway which is subject to a one percent or
greater chance of flooding in any year, as determined by engineering studies acceptable to the city of
Port Orchard. The coastal high hazard areas are included within special flood hazard areas.
"Species of concern" means species that have been classified as endangered, threatened, sensitive,
candidate, or monitored by the Washington State Department of Fish and Wildlife.
"State Environmental Policy Act" or "SEPA" means the state environmental law (Chapter 43.21C RCW)
and rules (Chapter 197-11 WAC) as implemented by the city of Port Orchard.
"Streams" means those areas in the city of Port Orchard where the surface water flow is sufficient to
produce a defined channel or bed. A defined channel or bed is an area which demonstrates clear
evidence of the passage of water and includes but is not limited to bedrock channels, gravel beds, sand
and silt beds and defined channel swales. The channel or bed need not contain water year-round. This
definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices or
other artificial watercourses unless they are used by fish or used to convey streams naturally occurring
prior to construction.
"Susceptibility (groundwater)" means the potential an aquifer has for groundwater contamination,
based on factors which include but are not limited to depth of aquifer, soil permeability, topography,
hydraulic gradient and conductivity, and precipitation.
"Swale" means a shallow drainage conveyance with relatively gentle side slopes, generally with flow
depths less than one foot.
"Threatened species (state listed)" means a species, native to the state of Washington, that is likely to
become endangered in the foreseeable future throughout a significant portion of its range within the
state without cooperative management or the removal of threats. Threatened species are legally
designated in WAC 232-12-011.
"Toe of slope" means a distinct topographic break in a slope. Where no distinct break exists, this point
shall be the lowermost limit of the landslide hazard area as defined and classified in this section.
"Top of slope" means a distinct topographic break in a slope. Where no distinct break in a slope exists,
this point shall be the uppermost limit of the geologically hazardous area as defined and classified in this
section.
"Unavoidable and necessary impacts" means impacts to a critical area that remain after an applicant
proposing to alter such an area has demonstrated that no alternative exists for the proposed project.
"Utilities" means facilities and/or structures which produce or carry electric power, gas, sewage, water,
communications, oil, publicly maintained stormwater facilities, etc.
"Utility corridor" means areas identified in the comprehensive plan for utility lines, including electric,
gas, sewer, water lines; and public right-of-way and other dedicated utility right-of-way on which one or
more utility lines are currently located. The term "other dedicated utility right-of-way" means
ownership, easements, permits, licenses or other authorizations affording utilities the right to operate
and maintain utility facilities on private property.
"Vulnerability (groundwater)" means the likelihood that an aquifer could be contaminated, based on
both susceptibility and land use. High vulnerability generally means an aquifer, which has high
susceptibility to contamination, and is located in a land use area conducive to contamination, such as
industrial or residential. High vulnerability includes high potential areas for overdrafting and/or
saltwater intrusion.
"Wetland" means those areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
estuaries, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands
intentionally created from non -wetland sites, including, but not limited to, irrigation and drainage
ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a
result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands
intentionally created from non -wetland areas created to mitigate conversion of wetlands.
"Wetland determination" means an on -site determination as to whether a wetland exists on a specific
parcel, conditioned by either a wetland specialist as defined in this Chapter, or the department. A
wetland determination does not require a formal delineation.
"Wetland edge" means the line delineating the outer edge of a wetland established in Article III of this
chapter.
"Wetlands, isolated" means a wetland that is 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 water, if present, reenters 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 (Chapter 90.48 RCW), in addition to the provisions in this chapter. An isolated wetland may
also be regulated by the U.S. Army Corps of Engineers under the Clean Water Act. Dredge or fill of a
federally regulated wetland is regulated by the U.S. Army Corps of Engineers under the Clean Water Act
and altering a federally regulated wetland may require federal review.
"Wetlands of regional significance" means those regulated wetlands determined by the department, or
otherwise determined by the State or another governing body with jurisdiction, to have characteristics
of exceptional resource value which should be afforded the highest levels of protection.
"Wetlands report" means a wetland delineation, characterization, rating and analysis of potential
impacts to wetlands consistent with applicable provisions of Article III of this chapter.
"Wetlands specialist" means a person who has earned a bachelor's degree in biological sciences with
specific course work concerning the functions and values of wetlands from an accredited college or
university with a minimum of two years of related work experience; or a qualified consultant or
professional person who has equivalent education and training or with equivalent experience
acceptable to the department.
"Wetpond" means an artificial water body constructed as a part of a surface water management system.
"Wildlife biologist" means a person who has earned a minimum of a bachelor's degree in wildlife biology
or related field of study and has a minimum of five years of field experience in wildlife biology and
habitat evaluation.
"Wildlife corridor" means a relatively undisturbed, vegetated corridor at least 100 feet wide, protected
through a conservation easement or other legal instrument, that connects a protected wetland or fish
and wildlife habitat area with a priority habitat as defined in this section.
"Wildlife nesting structure" means a structure erected for the sole purpose of providing a wildlife
nesting site. (Ord. 020-22 § 2; Ord. 010-18 §§ 26, 27; Ord. 019-17 § 18 (Exh. 1)).
20.162.048 Wetlands — Purpose.
This article applies to all regulated uses within or adjacent to areas designated as wetlands, as
categorized below. The intent of this article is to:
(1) Achieve no net loss and increase the quality and function of wetland acreage, functions and values
within the city.
(2) Provide mitigation measures where necessary, as conditions of permits, that have a reasonable
expectation of success.
(3) Protect valued public resources that could arise from improper wetland uses and activities;
(5) Preserve natural flood control, stormwater storage and drainage or wetland hydrology patterns; and
(6) Prevent turbidity and pollution of wetlands, and fish or shellfish bearing waters to maintain the
wildlife habitat. (Ord. 019-17 § 18 (Exh. 1)).
20.162.050 Determination of wetland boundaries.
(1) The determination of the wetland edge or boundary shall be done in accordance with the delineation
methodology specified in the approved federal wetland delineation manual and applicable regional
supplements. All areas within the city meeting the wetland designation criteria as determined by that
procedure are designated as critical areas and are subject to the provisions and regulations of this
chapter. Wetland delineations are valid for five years.
(2) The applicant shall be responsible for hiring a qualified wetland specialist to determine the wetland
boundaries through a field survey. This specialist shall stake or flag the wetland boundary. For all new
development, as required by the department, this line shall be surveyed by a professional land surveyor
licensed in the state of Washington. The regulated wetland boundary and regulated wetland buffer shall
be identified on all grading, landscaping, site, on -site septic system designs (BSAs), utility or other
development plans submitted in support of the project.
(3) Where the applicant has provided a delineation of a wetland boundary, the department or its
consultant may verify the wetland boundary at the cost of the applicant and may request that
adjustments to the boundary be made by a wetland specialist. (Ord. 019-17 § 18 (Exh. 1)).
20.162.052 Wetland categories.
The city uses the Department of Ecology's Washington State Wetland Rating System for Western
Washington: 2014 Update -Version 2 (Ecology Publication No. 23-06-009), or as amended hereafter to
categorize wetlands for the purposes of establishing wetland buffer widths, wetland uses and
replacement ratios for wetlands. This system consists of four wetland categories (see Article XIII of this
chapter, Attachment A, for wetland categories). (Ord. 019-17 § 18 (Exh. 1)).
20.162.054 Exempt wetlands.
(1) All wetlands within the city meeting the definition in POMC 20.162.046 are regulated. The following
wetlands may be exempt from the avoidance and minimization requirements of mitigation sequencing,
and they may be filled if the impacts are fully mitigated based on the requirements of this chapter. If
available, impacts should be mitigated through the purchase of credits from an in -lieu fee program or
mitigation bank, consistent with the terms and conditions of the program or bank. In order to verify the
following conditions, a critical area report for wetlands meeting the requirements of this chapter must
be submitted.
(a) All isolated Category IV wetlands less than 4,000 square feet that:
(i) Are not associated with riparian areas or their buffers.
(ii) Are not associated with shorelines of the state or their associated buffers.
(iii) Are not part of a wetland mosaic.
(iv) Do not score five or more points for habitat function based on the Washington State Wetland
Rating System for Western Washington: 2014 Update (Ecology Publication No. 14-06-029, or as
revised as approved by Ecology).
(v) Do not contain a priority habitat or a priority area for a priority species identified by the
Washington Department of Fish and Wildlife, do not contain federally listed species or their critical
habitat, or species of local importance.
(b) Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally
listed species or their critical habitat are exempt from the buffer provisions contained in this
chapter. (Ord. 019-17 § 18 (Exh. 1))
20.162.056 Wetland Development standards.
For the purpose of the provisions of the critical areas ordinance, a regulated wetland and its buffer is a
critical area.
(1) Unless specifically exempt under POMC 20.162.034, all regulated uses and activities in a wetland
and/or its buffer shall be regulated pursuant to the requirements of this chapter.
(2) Wetland Buffers. The buffer shall be measured perpendicular from the wetland edge as delineated
and marked using the approved federal delineation manual and applicable regional supplement. Buffers
shall consist of native vegetation adequate to provide the necessary protection. Those buffer areas that
do not contain a well vegetated native plant community shall be enhanced.
(3) Buffer Widths. All regulated wetlands shall be surrounded by a buffer zone as follows based on the
category of wetland and the habitat score as determined by a qualified wetland professional using the
Washington State Wetland Rating System for Western Washington: 2014 Update (in accordance with
Department of Ecology Publication No. 14-06-029):
(a) For wetlands that score six points or more for habitat function, the buffers in Table 1 can be used if
both of the following criteria are met:
(i) A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the
wetland and any other priority habitats as defined by the Washington State Department of Fish and
Wildlife. The corridor must be protected for the entire distance between the wetland and the
priority habitat by some type of legal protection such as a conservation easement. Presence or
absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a
corridor is available, Table 1 may be used with the required measures in Table 2 alone.
(ii) The measures in Table 2 are implemented, where applicable, to minimize the impacts of the
adjacent land uses.
(b) For wetlands that score three to five habitat points, only the measures in Table 2 are required for
the use of Table 1.
(c) If an applicant chooses not to apply the mitigation measures in Table 2, or is unable to provide a
protected corridor where available, then Table 3 must be used.
(d) The buffer widths in Table 1 and Table 3 assume that the buffer is vegetated with a native plant
community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated,
or vegetated with invasive species that do not perform needed functions, the buffer should either
be planted to create the appropriate plant community or the buffer should be widened to ensure
that adequate functions of the buffer are provided.
(e) Reduced buffer widths associated with Table 1 shall not be used in conjunction with other
reductions or variances outlined in this chapter.
(4) Interrupted Buffer. Where a legally established developed roadway or permanent substantial
improvement transects a wetland buffer, the director may approve a modification of the minimum
required buffer to the edge of the roadway or substantial improvement. The permanent substantial
development must serve to eliminate or greatly reduce buffer function.
Tables of Wetland Development Standards
Table 1— Wetland Buffer Requirements If Table 2
Is Implemented and a Wildlife Corridor Is Provided
Buffer width (in feet) based on habitat score
Wetland Category
Buffer width based on
Score 3— 5
Score 6— 7
Score 8— 9
special characteristics
Category I:
75
110
225
N/A
Based on total score
Category I:
N/A
225
190
Bogs and wetlands of high
conservation value
Category I:
N/A
150
Estuarine and wetlands in
coastal lagoons
Category I:
N/A
225
N/A
Interdunal
Table 1— Wetland Buffer Requirements If Table 2
Is Implemented and a Wildlife Corridor Is Provided
Buffer width (in feet) based on habitat score
Wetland Category
Buffer width based on
Score 3— 5
Score 6— 7
Score 8— 9
special characteristics
Category I:
75
110
225
N/A
Forested
Category II:
75
110
225
N/A
Based on score
Category II:
N/A
110
110
Interdunal wetlands
Category II:
N/A
110
Estuarine and wetlands in
coastal lagoons
Category III (all)
60 110 225
N/A
Category IV (all)
40
Table 2 — Required Measures to Minimize Impacts to Wetlands
Disturbance
Required Measures to Minimize Impacts
Lights
• Direct lights away from wetland
Noise
• Locate activity that generates noise away from wetland
• If warranted, enhance existing buffer with native vegetation plantings adjacent to
noise source
• For activities that generate relatively continuous, potentially disruptive noise, such as
certain heavy industry or mining, establish an additional 10 feet heavily vegetated
buffer strip immediately adjacent to the outer wetland buffer
Toxic runoff
• Route all new, untreated runoff away from wetland while ensuring wetland is not
dewatered
• Establish covenants limiting use of pesticides within 150 feet of wetland
• Apply integrated pest management
Stormwater
• Retrofit stormwater detention and treatment for roads and existing adjacent
runoff
development
• Prevent channelized flow from lawns that directly enters the buffer
• Use low intensity development techniques (for more information refer to the drainage
ordinance and manual)
Table 2 — Required Measures to Minimize Impacts to Wetlands
Disturbance
I Required Measures to Minimize Impacts
Change in water
• Infiltrate or treat, detain, and disperse into buffer new runoff from impervious
regime
surfaces and new lawns
Pets and human
• Use privacy fencing or plant dense vegetation to delineate buffer edge and to
disturbance
discourage disturbance using vegetation appropriate for the ecoregion
• Place wetland and its buffer in a separate tract or protect with a conservation
easement
Dust
• Use best management practices to control dust
Table 3 — Wetland Buffer Requirements If Table 2
Is Not Implemented or a Wildlife Corridor Is Not Provided
Buffer width (in feet) based on habitat score
Wetland Category
Buffer width based on
Score 3— 5
Score 6— 7
Score 8— 9
special characteristics
Category I:
100
150
300
N/A
Based on total score
Category I:
Bogs and wetlands of high
N/A
300
250
conservation value
Category I:
N/A
200
Estuarine and wetlands in
coastal lagoons
Category I:
N/A
300
N/A
Interdunal
Category I:
100
150
300
N/A
Forested
Category II:
100
150
300
N/A
Based on score
Category II:
N/A
150
Interdunal wetlands
Category II:
N/A
150
Estuarine and wetlands in
coastal lagoons
Category III (all)
80
150
300
N/A
Table 3 — Wetland Buffer Requirements If Table 2
Is Not Implemented or a Wildlife Corridor Is Not Provided
Buffer width (in feet) based on habitat score
Wetland Category
Score 3— 5
Score 6— 7
Score 8— 9
Buffer width based on
special characteristics
Category IV (all)
50
N/A
(4) Wetland Buffer Measurement. All buffers shall be measured on a horizontal plane from the
regulated wetland edge as marked in the field.
(5) Wetland Buffer Alterations
A quantitative alteration, in which the boundaries of the wetland buffer area are altered, can occur
through buffer averaging or through a buffer reduction. Buffer averaging shall not be used in
conjunction with a buffer reduction.
The buffers defined in Table 1 shall not be used in conjunction with a proposed wetland buffer
alteration.
a. Wetland Buffer Averaging. Standard buffer widths may be modified by averaging buffer widths. The
total area contained within the buffer after averaging shall be no less than that contained within the
standard buffer prior to averaging. The buffer shall not be reduced by more than 25 percent of the
standard buffer width at any point. The department may allow wetland buffer averaging where it
can be demonstrated that such averaging can clearly provide equivalent or greater functions and
values as would be provided under the standard buffer requirement.
Prior to approval of buffer averaging, a critical areas report for wetland(s) meeting the requirements in
this chapter must be submitted and reviewed for consistency with the requirements of this Chapter.
Averaging of buffer widths may be allowed where the applicant demonstrates the following:
(i) The buffer is increased adjacent to higher functioning areas of or more sensitive portions of the
wetland and decreased adjacent to the lower function or less sensitive portions; and
(ii) Averaging is necessary to avoid an extraordinary hardship to the applicant caused by
circumstances peculiar to the property and the applicant has demonstrated all avoidance and
minimization measures have been considered.
(b) Wetland Buffer Reduction. Buffer width reductions shall be considered on a case -by -case basis when
an applicant demonstrates to the department that the mitigation measures outlined in Table 2 are
not applicable to utilize the reduced buffer widths defined in Table 1 and the proposed reduction
would not adversely affect the wetland in question. A buffer reduction may not be reduced to less
than 75 percent of the standard buffer width.
Decision Criteria. Prior to approval, an applicant shall demonstrate that a buffer reduction proposal
meets all of the decision criteria listed below.
(i) Demonstrate all avoidance and minimization efforts have been considered for compliance with
POW 20.162.024;
(ii) It will not adversely impact the wetland(s) in question;
(iii) It will not lead to adverse water quality protection, unstable earth conditions, or create an
erosion hazard;
(iv) As part of the buffer reduction request, an applicant shall submit a buffer enhancement plan
consistent with Article VIII of this Chapter.
(6) Increased Wetland Buffer Provisions. The department may increase buffer zone widths for a
development project on a case -by -case basis when a larger buffer is necessary to protect wetland
functions and values. Such determination shall be based on site -specific and project related conditions,
which include, but are not limited to:
(a) Wetland sites with known locations of endangered or threatened species for which a habitat
management plan indicates a larger buffer is necessary to protect habitat values for such species;
(b) The adjacent land is susceptible to severe erosion and erosion control measures alone will not
effectively prevent adverse wetland impacts;
(c) The adjacent land on the development proposal site has minimal vegetative cover or slopes greater
than 30 percent; or
(7) Wetland Fencing and Signs. This subsection applies to those wetlands and their buffers that are
within 300 feet of regulated development activities.
(a) Wetland buffers shall be temporarily fenced or otherwise suitably marked, as required by the
department, between the area where the construction activity occurs and the buffer. Fences shall be
made of a durable protective barrier and shall be highly visible. Silt fences and plastic construction
fences may be used to prevent encroachment on wetlands or their buffers by construction. Temporary
fencing shall be removed after the site work has been completed and the site is fully stabilized per city
approval.
(b) The department shall require permanent signs and/or split -rail fencing to be placed on the common
boundary between a wetland buffer and the adjacent land. Signs must be posted at an interval of one
per lot if the lot is less than 50 feet wide, or every 50 feet, whichever is less, and must be maintained by
the property owner in perpetuity. The signs shall be worded as follows or with alternative language
approved by the department:
Protected Wetland Area
Do Not Disturb
Contact City of Port Orchard
Regarding Uses, Restrictions, and Opportunities for Stewardship
The department may approve an alternate method of wetland and buffer identification, if the
alternative method provides adequate protection to the wetland and buffer.
(8) Building or Hard Surface Setback Lines. A building or hard surface setback line of 15 feet is required
from the edge of any wetland buffer. Minor structural or hard surface intrusions into the areas of the
setback may be permitted if the department determines that such intrusions will not adversely impact
the wetland. The setback shall be identified on a site plan and filed as an attachment to the notice to
title as required by POMC 20.162.032, Notice to title. (Ord. 019-17 § 18 (Exh. 1)).
20.162.058 Additional development standards for regulated uses.
In addition to meeting the development standards in this article, those regulated uses identified below
shall also comply with the standards of this section and other applicable state, federal and local
ordinances.
(1) Agricultural Restrictions. In all development proposals which would permit introduction of
agricultural uses, damage to regulated wetlands shall be avoided. Wetlands shall be avoided by one of
the following methods:
(a) Implementation of a farm conservation plan agreed upon by the conservation district and the
applicant to protect and enhance the water quality of the wetland; and/or
(b) Fencing located not closer than the outer buffer edge.
(2) Land Divisions and Land Use Permits. All proposed divisions of land and land uses (including but not
limited to the following: boundary or lot line adjustments, short plats, large lot subdivisions, master
planned resorts, planned residential developments, conditional use permits, site plan reviews, binding
site plans) which include regulated wetlands shall comply with the following procedures and
development standards:
(a) Regulated wetlands, except the area with permanent open water, and wetland buffers may be
included in the calculation of minimum lot area for proposed lots; provided, that other standards,
including subsection (3)(c) of this section, are met.
(b) Land division approvals shall be conditioned to require that regulated wetlands and regulated
wetland buffers be dedicated as open space tracts, or an easement or covenant encumbering the
Lot with the wetland and wetland buffer. Such dedication, easement or covenant shall be recorded
together with the land division and represented on the final plat, short plat or binding site plan, and
title.
(d) After preliminary approval and prior to final land division approval, the department shall require
the common boundary between a regulated wetland or associated buffer and the adjacent land be
identified using permanent signs and/or fencing. In lieu of signs and/or fencing, alternative methods
of wetland and buffer identification may be approved when such methods are determined by the
department to provide adequate protection to the wetland and buffer.
(3) Stormwater Management Facilities. A wetland or its buffer can be physically or hydrologically altered
to meet the requirements of an LID, runoff treatment or flow control BMP if all of the following criteria
are met:
(a) The wetland is classified as a Category IV or a Category III wetland with a habitat score of 3 to 5
points; and
(b) There will be "no net loss" of functions and values of the wetland; and
(c) The wetland does not contain a breeding population of any native amphibian species; and
(d) The hydrologic functions of the wetland can be improved as outlined in questions 3, 4, 5 of Chart
4 and questions 2, 3, 4 of Chart 5 in the Department of Ecology's "Guide for Selecting Mitigation
Sites Using a Watershed Approach"; or the wetland is part of a priority restoration plan that
achieves restoration goals identified in a shoreline master program or other local or regional
watershed plan; and
(e) The wetland lies in the natural routing of the runoff, and the discharge follows the natural
routing; and
(f) All regulations regarding stormwater and wetland management are followed, including but not
limited to local and state wetland and stormwater codes, manuals, and permits; and
(g) Modifications that alter the structure of a wetland or its soils will require permits. Existing
functions and values that are lost would have to be compensated/replaced.
Stormwater LID BMPs required as part of new and redevelopment projects can be considered within
wetlands and their buffers. A site -specific characterization is required to determine if an LID BMP is
feasible at the project site.
A wetland hydrology monitoring plan prepared by a qualified wetland shall be required when a wetland
is physically or hydrologically altered. The plan shall provide an analysis to demonstrate the baseline
hydrologic conditions within the wetland, provide monitoring methods, provide a monitoring program
to evaluate the hydrologic conditions post construction, and provide a reporting schedule for submitting
monitoring reports to the city. The wetland hydrology monitoring plan shall be verified through peer
review.
(4) Trails and Trail -Related Facilities. Construction of public and private trails and trail -related facilities,
such as benches and viewing platforms, may be allowed in wetlands or wetland buffers pursuant to the
following guidelines:
(a) Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility
corridors, or any other previously disturbed areas.
(b) Trails and related facilities shall be planned to minimize removal of trees, soil disturbance and
existing hydrological characteristics, shrubs, snags and important wildlife habitat.
(c) Viewing platforms and benches, and access to them, shall be designed and located to minimize
disturbance of wildlife habitat and/or critical characteristics of the affected wetland.
(d) Trails and related facilities shall generally be located outside required buffers. Where trails are
permitted within buffers they shall be located in the outer 25 percent of the buffer and a minimum
of 25 feet from the wetland edge, except where wetland crossings or viewing areas have been
approved.
(e) Trails shall generally be limited to pedestrian use and pervious surfaces no more than five feet in
width, unless other more intensive uses, such as bike or horse trails, have been specifically allowed
and mitigation has been provided.
(f) Circular (loop) trails are discouraged, as they have the potential to encircle critical areas and cut
off habitat connectivity for smaller species.
(5) Utilities in Wetlands or Wetland Buffers.
(a) Construction of new utilities outside the road right-of-way or existing utility corridors may be
permitted in wetlands or wetland buffers, only when no reasonable alternative location is available
and the utility corridor meets the requirements for installation, replacement of vegetation and
maintenance outlined below, and as required in the filing and approval of applicable permits and
special reports required by this chapter.
(b) Sewer or On -Site Sewage Utility. Construction of sewer lines or on -site sewage systems may be
permitted in regulated wetland buffers only when:
(i) The applicant demonstrates it is necessary to meet state and/or local health code minimum
design standards (not requiring a variance for either horizontal setback or vertical separation);
and/or
(ii) The applicant sufficiently demonstrates the mitigation sequencing requirements defined in this
Chapter so show all avoidance and minimization measures have been considered. Joint use of the
sewer utility corridor by other utilities may be allowed.
(c) New utility corridors shall not be allowed when the regulated wetland or buffer has known
locations of federal or state listed endangered, threatened or sensitive species, heron rookeries or
nesting sites of raptors which are listed as state candidate or state monitor, except in those
circumstances where an approved habitat management plan indicates that the utility corridor will
not significantly impact the wetland or wetland buffer.
(d) New utility corridor construction and maintenance shall protect the regulated wetland and
buffer environment by utilizing the following methods:
(i) New utility corridors shall be aligned when possible, to avoid cutting trees greater than 12 inches
in diameter at breast height (four and one-half feet), measured on the uphill side.
(ii) New utility corridors shall be revegetated with appropriate native vegetation at preconstruction
densities or greater, immediately upon completion of construction, or as soon thereafter as
possible, if due to seasonal growing constraints. The utility shall ensure that such vegetation
survives.
(iii) Any additional utility corridor access for maintenance shall be provided as much as possible at
specific points, rather than by parallel roads. If parallel roads are necessary, they shall be of a
minimum width but no greater than 15 feet; and shall be contiguous to the location of the utility
corridor on the side away from the wetland. Mitigation will be required for any additional access
through restoration of vegetation in disturbed areas.
(iv) The department may require other additional mitigation measures.
(e) Utility corridor maintenance shall include the following measures to protect the regulated
wetland and buffer environment:
(i) Where feasible, painting of utility equipment such as power towers shall not be sprayed or
sandblasted, nor should lead -based paints be used.
(ii) No pesticides, herbicides or fertilizers may be used in wetland areas or their buffers except those
approved by the EPA and Ecology. Where approved, herbicides must be applied by a licensed
applicator in accordance with the safe application practices on the label. Within wetlands, the
applicator must be licensed to use aquatic herbicides.
(f) For utility work in wetlands or in -water, it shall be the applicant's responsibility to obtain all
necessary state and federal approvals before beginning work. (Ord. 019-17 § 18 (Exh. 1)).
20.162.060 Wetland mitigation requirements.
(1) Mitigation Sequence. Projects permitted under this article will be reviewed in accordance with the
mitigation sequencing requirement in POMC 20.162.024.
(2) Mitigation Plan Requirements. Any applicant required to perform compensatory wetland mitigation
as a condition of approval for a development project or under an enforcement action shall submit a
wetlands mitigation plan to the department in accordance with POMC 20.162.026 and 20.162.096.
Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State — Part
2: Developing Mitigation Plans — Version 1 (Ecology Publication No. 06-06-011b or as revised), and
Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Ecology
Publication No. 09-06-32), and with amended Appendix 8-C to Wetlands in Washington State Volume 2
— Protecting and Managing Wetlands (Ecology Publication 05-06-008 or as revised).
(3) Wetland Replacement Ratios. The following ratios, as well as consideration of the factors listed in
this section, and Table 4, shall be used to determine the appropriate amounts of restored, rehabilitated,
created, or enhanced wetland that will be required to replace impacted wetlands. The first number
specifies the amount of wetland area requiring replacement and the second specifies the amount of
wetland area altered.
Table 4 — Wetland Replacement Ratios
Category and Type of
Restoration or
Rehabilitation
Enhancement Only
Impact Wetland
Creation
Category I:
Not considered
Case -by -case
Case -by -case
possible
Bog, natural heritage
site
Category I:
6:1
12:1
24:1
Mature forested
Category I:
4:1
8:1
16:1
(All others)
Category II
3:1
6:1
12:1
Category III
2:1
4:1
8:1
Category IV 11.5:1
13:1
6:1
(a) Open water may be enhanced by replacing structures that may have been removed in the past
(large woody material, rocks, reefs, etc.).
(b) The department may increase the ratios based on one or more of the following:
(i) The probable success of the proposed restoration or enhancement;
(ii) The period of time between destruction and replication of wetland functions;
(iii) Projected losses in functions and value;
(iv) Replacement as a result of an illegal action.
(4)Alternative Mitigation Ratios. The department may approve different mitigation ratios when the
applicant proposes a combination of wetland creation, restoration, rehabilitation, and/or enhancement;
provided, that federal and state resource agencies approve the mitigation plan and the plan achieves no
net loss of wetland functions and values. Mitigation requirements may also be determined using the
credit/debit tool described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of
Western Washington: Final Report (Ecology Publication No. 10-06-011, or as revised) if approved by the
director.
(5) Type and Location of Mitigation.
Applicants have two options for meeting compensatory wetland mitigation requirements defined in this
chapter. The options generally fall into two categories; programmatic approaches and permittee-
responsible approaches. Programmatic approaches refer to compensatory mitigation done by a third -
party sponsor. The two programmatic approaches currently being used in Washington are wetland
mitigation banking and in -lieu fee mitigation. Perm ittee-responsible mitigation is an approach where
the applicant retains full responsibility to successfully compensate for unavoidable impacts. The order
of preference for the type of mitigation approaches is a programmatic approach followed by a
permittee-responsible approach.
(a) Wetland Mitigation Banks. Credits from a wetland mitigation bank may be approved for use as
compensation for unavoidable impacts to wetlands when:
(i) The bank is certified under state rule;
(ii) The director determines that the wetland mitigation bank provides appropriate compensation
for the authorized impacts;
(iii) The proposed use of credits shall be consistent with the terms and conditions of the mitigation
bank's certification;
(iv) Replacement ratios for project using bank credits shall be consistent with the replacement ratios
specified in the mitigation bank's certification; and
(v) Credits from a certified wetland mitigation bank may be used to compensate for impacts located
within the service area specified in the wetland bank's certification. In some cases, the service area
of the bank may include portions of more than adjacent drainage basin for specific wetland
functions.
(b) In -Lieu Fee. Credits from an approved in -lieu fee program may be used when all of the following
apply:
(vi) the approval authority determines that the use of the program would provide environmentally
appropriate compensation for the proposed impacts;
(vii)the proposed use of credits is consistent with the terms and conditions of the approved in -lieu
fee program instrument;
(viii) projects using in -lieu fee credits shall have debits associated with the proposed impacts
calculated by the applicant's qualified specialist using the credit assessment method specified in the
approved instrument of the in -lieu fee program; and
(ix) the impacts are located within the service area specified in the approved in -lieu fee program
instrument.
(c) Mitigation under the watershed approach. When it is demonstrated that a programmatic approach is
not available to compensate for unavoidable impacts to wetlands, compensatory wetland mitigation
shall use the water shed approach using the guidance defined in the Department of Ecology's Selecting
Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Ecology Publication No.
09-06-32), or as amended.
(d) Alternative Mitigation. The department may approve an alternative mitigation plan based on best
available science and if is demonstrated that a high level of ecological function would result from an in -
kind and on -site or in -kind and off -site compensatory wetland mitigation approach. Alternative
mitigation proposals shall use the guidance in the Department of Ecology's Wetland Mitigation in
Washington State — Part 2: Developing Mitigation Plans — Version 1 (Ecology Publication No. 06-06-
011b), or as revised.
(e) Innovative Mitigation. The Director may approve innovative mitigation projects that are based on
best available science including but not limited to activities such as advance mitigation and preferred
environmental alternatives. Innovative mitigation proposals must offer an equivalent or better level of
protection of critical area functions and values than would be provided by the strict application of this
chapter. Such mitigation proposals must demonstrate special consideration for conservation and
protection measures for anadromous fisheries. The Director shall consider the following for approval of
an innovative mitigation proposal:
(i). Creation or enhancement of a larger system of natural areas and open space is preferable to the
preservation of many individual habitat areas;
(ii). The applicant demonstrates that long-term protection and management of the habitat area will
be provided;
(iii). There is clear potential for success of the proposed mitigation at the proposed mitigation site;
(iv). Mitigation according to POMC 20.162.060 5(a) through 5(d) is not feasible due to site
constraints such as parcel size, stream type, wetland category, or excessive costs;
(v). A wetland of a different type is justified based on regional needs or functions and values;
(vi). The replacement ratios are not reduced or eliminated; unless the reduction results in a
preferred environmental alternative; and
(vii). Public entity cooperative preservation agreements such as conservation easements are
applied.
(6) Monitoring Requirements. The city shall require monitoring reports on an annual basis for a
minimum of five years, or until the department determines that the mitigation project has achieved
success. Certain types of wetland communities, such as scrub -shrub or forested wetland, require
additional time for establishment and may require monitoring for 10 or more years depending on the
site -specific circumstances and the scope of the mitigation project. The wetlands mitigation plan shall
provide specific criteria for monitoring the mitigation project. Criteria shall be project -specific and a
scientifically acceptable means to aid the department in evaluating whether or not the project has
achieved success according to the wetland mitigation performance standards in this chapter. (Ord. 019-
17 § 18 (Exh. 1)).
20.162.062 Incentives for wetlands protection.
The city of Port Orchard recognizes that property owners wish to gain economic benefits from their
land. The city encourages such mechanisms as the open space tax program, conservation easements
and donations to land trusts, in order to provide taxation relief upon compliance with the regulations in
the provisions of the critical areas ordinance. (Ord. 019-17 § 18 (Exh. 1)).
20.162.064 Purpose.
This article applies to all regulated uses included in the critical areas ordinance, or uses within 300 feet
of areas designated as fish and wildlife habitat conservation areas, as categorized in POMC 20.162.066.
The intent of this article is to:
(1) Preserve natural flood control, stormwater storage and drainage or stream flow patterns;
(2) Control siltation, protect nutrient reserves and maintain stream flows and stream quality for fish,
wildlife, and marine shellfish;
(3) Prevent turbidity and pollution of streams and fish or shellfish bearing waters;
(4) Preserve and protect habitat adequate to support viable populations of native wildlife in both the
city and Kitsap County; and
(5) Encourage nonregulatory methods of habitat retention whenever practical, through education and
the open space tax program. (Ord. 019-17 § 18 (Exh. 1)).
20.162.066 Fish and wildlife habitat conservation area categories classification.
The following categories shall be used in classifying fish and wildlife habitat conservation areas. Fish and
wildlife habitat conservation areas that are located within the city's shoreline jurisdiction according to
the city's shoreline master program are regulated through the provisions of this chapter.
(1) Streams. All streams which meet the criteria for Type F/2, Np/3, Ns/4 and 5 waters as set forth in the
DNR water rating system (see Table 5).
(2) Lakes Less Than 20 Acres in Surface Area. Those lakes which meet the criteria for Type 2, 3, 4 and 5
waters as set forth in WAC 222-16-030, as now or hereafter amended. This includes lakes and ponds less
than 20 acres in surface area and their submerged aquatic beds, and lakes and ponds planted with game
fish by a governmental or tribal authority.
(3) Habitats recognized by federal or state agencies for federal and/or state listed endangered,
threatened and sensitive species documented in maps or databases available to Kitsap County and
which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long
term.
(4) Areas targeted for preservation by the federal, state and/or local government which provide fish and
wildlife habitat benefits, such as important waterfowl areas identified by the U.S. Fish and Wildlife
Service.
(5) Areas that contain priority habitats or priority species.
(6) Areas that contain habitats and species of local importance.
(7) Habitats for state listed candidate and monitored species documented in maps or databases
available to Kitsap County and its citizens, and which, if altered, may reduce the likelihood that the
species will maintain and reproduce over the long term.
(8) Habitats which include attributes such as comparatively high wildlife density; high wildlife species
richness; significant wildlife breeding habitat, seasonal ranges, wildlife corridors, or movement corridors
of limited availability and/or high vulnerability. These habitats may include caves, cliffs, islands,
meadows, old-growth/mature forest, snag -rich areas, talus slopes, and urban natural open space. (Ord.
019-17 § 18 (Exh. 1)).
20.162.068 Development standards.
Those regulated uses identified below within designated fish and wildlife habitat conservation areas
shall comply with the performance standards outlined in this section.
(1) Habitat Assessment Report and Management Plan. For all regulated uses and activity proposed on a
site which contains or is within 300 feet of fish and wildlife habitat conservation area, a habitat
assessment shall be prepared by a qualified wildlife biologist. The habitat assessment shall identify of all
fish and wildlife habitat conservation areas and its buffer, an analysis of species or habitats known or
suspected, and assessment of project impact or effect on the fish and wildlife habitat conservation area
or its riparian management zone. If it is determined that a fish and wildlife habitat conservation area or
its riparian management zone does not occur on or within 300 feet of the site, or if it is demonstrated
that the project will comply with the standard riparian management zone width and building setback
requirements, the project may proceed without any additional requirements under this section. If it is
determined that a fish and wildlife habitat conservation area does occur on or within 300 feet of the
site, and there will be potential temporary or permanent impacts to a fish and wildlife habitat
conservation area or a modification to the riparian management zone width and/or building setback is
proposed, a habitat management plan according to Article VIII of this chapter shall be prepared.
(2) Riparian Management Zones and Building Setback Requirements. Riparian management zones (RMZ)
and setbacks shall be maintained along the perimeter of fish and wildlife habitat conservation areas, as
listed in Table 5. Distances shall be measured from the edge of the channel migration zone (CMZ), where
identified, or the ordinary high water mark (OHWM), whichever is greater. Riparian management zones
shall be retained in their natural condition except where the buffer can be enhanced to improve its
functional attributes. Riparian management zones do not apply to those segments of stream that are
piped.
a. The riparian management zone width shall be increased to include streamside wetlands which
provide overflow storage for stormwaters, feed water back to the stream during low flows or
provide shelter and food for fish. In braided channels, the OHWM or top of bank shall be defined so
as to include the entire stream feature. Refuse shall not be placed in a riparian management zone.
b. Where a legally established substantial improvement or development transects a riparian
management zone, the director may approve a modification of the minimum required RMZ to the
edge of the substantial improvement or development if the part of the riparian management zone
on the other side of said feature does not provide any buffer functions to protect the fish and
wildlife habitat conservation area in question.
c. An additional building setback of 15 feet is required from the edge of all fish and wildlife habitat
conservation areas.
Minor structural impervious surface intrusions into the building setback may be permitted
on a case -by -case basis when an applicant demonstrates to the department that the
proposed intrusion would not adversely affect buffer function.
d. Standard buffers and building setbacks for fish and wildlife habitat conservation areas shall be
required for all regulated uses and activities as per Table 5 of this Article.
e. If the riparian management zone includes a geologically hazardous area(s), the standard riparian
management zone width is greater than the extent of the geologically hazardous area or the riparian
management zone extends to the top of slope of the geologically hazardous areas, the applicable
riparian management zone will be whichever width is greater.
(3) Riparian Management Zone Interruptions. Where a legally established developed roadway or
permanent substantial improvement transects a critical fish and wildlife habitat conservation area
riparian management zone, the director may approve a modification of the minimum required riparian
management zone to the edge of the roadway or substantial improvement. The permanent substantial
development must serve to eliminate or greatly reduce function of the riparian management zone.
Table 5
CATEGORY
RIPARIAN MANAGEMENT ZONE WIDTH
STANDARD
Streams
Water Type
F
150 feet
Np
100 feet
Ns
100 feet
Lakes — Less Than 20 Acres (Non -Type 1 Waters of the State)
Zoning Designation
Community Facilities
50 feet
Commercial, Mixed Use
50 feet.
Employment
50 feet
Greenbelt, Residential
35 feet
(Ord. 033-20 § 14; Ord. 019-17 § 18 (Exh. 1)).
(4) Specific Riparian Management Zone Development Standards. Riparian management zones are a
critical area and have the potential to provide ecosystem functions for bank stability, shade,
pollution removal, recruitment of large woody debris, and wildlife habitat. Development is
prohibited in the RMZ, except as follows:
(a) Mitigation sequencing is demonstrated as defined in Article I of this Chapter and included an
approved habitat management plan;
(b) Any permanent impacts occur in the outer 25 percent of the RMZ;
(c) It will result in no net loss of the fish and wildlife habitat conservation area or riparian management
zone in question;
(d) It will not adversely affect water quality, lead to unstable earth conditions, or create an erosion
hazard;
(e) Meets the exemptions or exception requirements defined under Title I of this Chapter.
(f) As part of any proposal, an applicant shall submit a buffer enhancement plan consistent with Article
VIII of this Chapter.
(S) Stream Crossings. Any private or public road expansion or construction which is allowed and must
cross streams classified within this chapter shall comply with the following minimum development
standards:
(a) Bridges or bottomless culverts shall be required for all streams which support fish life, unless a
habitat management plan is submitted which demonstrates that other alternatives would not result in
significant impacts to the fish and wildlife habitat conservation area and as determined appropriate
through the Hydraulic Project Approval process administered by the Washington State Department of
Fish and Wildlife;
(b) Crossings shall not occur in salmonid spawning areas unless no other feasible crossing site exists. For
new development proposals, if existing crossings are determined to adversely impact salmon spawning
or passage areas, new or upgraded crossings shall be located as determined necessary through
coordination with the Washington Department of Fish and Wildlife;
(c) Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high
water marks unless no other feasible alternative placement exists;
(d) Crossings shall not diminish flood -carrying capacity;
(e) Crossings shall serve multiple properties whenever possible;
(f) Publicly owned or maintained road or street crossing shall provide for other purposes, such as utility
crossing, pedestrian or bicycle easements, viewing points, whenever possible;
(g) Where there is no reasonable alternative to providing a conventional culvert, the culvert shall be the
minimum length necessary to accommodate the permitted activity. If located on a stream containing
fish and wildlife habitat per WAC 222-16-030, the culvert shall be designed in accordance with the
Washington Department of Fish and Wildlife's 2013 Water Crossing Guidelines (or as amended).
(6) Stream Relocations. Stream relocations for the purpose of flood protection and/or fisheries
restoration shall only be permitted when adhering to the following minimum performance standards
and when consistent with Washington State Department of Fish and Wildlife's Hydraulic Project
Approval, and any other local, state or federal permits:
(a) The channel, bank and buffer should be replanted with native vegetation that replicates a natural,
undisturbed riparian condition;
(b) For those shorelands and waters prone to flooding, a professional engineer licensed in the state of
Washington shall provide information demonstrating that the equivalent base flood storage volume and
function will be maintained;
(c) Relocated stream channels shall be designed to meet or exceed the functions and values of the
stream to be relocated; and
(d) Relocation proposal shall include an evaluation report addressing potential downstream impacts to
public and private properties, critical areas and listed species; changes to hydroperiod, water quality,
flooding frequency or severity; and any necessary downstream stormwater facility improvements
associated with the relocation.
(7) Incentives for stream restoration. The city of Port Orchard encourages efforts to daylight a piped
segment of a naturally occurring stream to restore historical functions and values those features
provided. In support of daylighting a stream the city recognizes this type of restoration effort will
require a project to establish a stream buffer. The city will allow for a 75 percent buffer reduction of the
applicable stream buffer as defined in Table 5. Pending approval, an applicant shall demonstrate that a
proposed daylighting proposal meets all of the decision criteria listed below.
(a) The proposed restoration is not associated with compensatory mitigation of a specific development
project;
(b) Any proposed stream restoration shall prepare a habitat management plan consistent with the
requirements defined in Article VIII of this Chapter;
(c) No Net Loss. An analysis shall be prepared to demonstrate how the proposed stream restoration will
improve riparian habitat and demonstrate how buffer functions of the reduced buffer will provide
functions similar to the standard buffer to ensure no net loss of ecological functions and processes;
(d) Stream bed shall consist of a suitable substrate material consistent with WDFW's guidelines;
(e) The stream buffer shall be planted with an assortment of native vegetation and shall comply with the
applicable mitigation reporting monitoring requirements defined in 20.162.096 and 20.162.068 of this
chapter;
(f) The applicant shall demonstrate to the city that all other applicable state and federal permits have
been obtained.(6) Streambank stabilization to protect structures from future channel migration is
achieved through bioengineering, soft armoring, or recommended techniques in accordance with an
approved habitat management plan and the guidance of WDFW's Washington State Integrated
Streambank Protection Guidance (2002, as amended).
20.162.070 Additional development standards for regulated uses.
In addition to meeting the development standards in this article, those regulated uses identified below
shall also comply with the standards of this section and other applicable state, federal and local
ordinances.
(1) Agricultural Restrictions. In all development proposals which would permit introduction of
agricultural uses, damage to regulated fish and wildlife habitat conservation areas shall be avoided. Fish
and wildlife habitat conservation areas shall be avoided by one of the following methods:
(a) Implementation of a farm conservation plan agreed upon by the conservation district and the
applicant to protect and enhance the water quality of the fish and wildlife habitat conservation area;
and/or
(b) Fencing located not closer than the outer buffer edge.
(2) Land Divisions and Land Use Permits. All proposed divisions of land and land uses (including but not
limited to the following: boundary or lot line adjustments, short plats, large lot subdivisions, master
planned resorts, planned residential developments, conditional use permits, site plan reviews, binding
site plans) which include regulated fish and wildlife habitat conservation areas shall comply with the
following procedures and development standards:
(a) Regulated fish and wildlife habitat conservation areas, except the area with permanent open water,
and fish and wildlife habitat conservation area buffers may be included in the calculation of minimum lot
area for proposed lots; provided, that other standards are met.
(b) Land division approvals shall be conditioned to require that regulated fish and wildlife habitat
conservation areas and regulated fish and wildlife habitat conservation area buffers be dedicated as
open space tracts, or an easement or covenant encumbering the Lot with the fish and wildlife habitat
conservation areas and fish and wildlife habitat conservation area buffer. Such dedication, easement or
covenant shall be recorded together with the land division and represented on the final plat, short plat
or binding site plan, and title.
(d) After preliminary approval and prior to final land division approval, the department shall require the
common boundary between a regulated fish and wildlife habitat conservation area or associated buffer
and the adjacent land be identified using permanent signs and/or fencing. In lieu of signs and/or fencing,
alternative methods of fish and wildlife habitat conservation area and buffer identification may be
approved when such methods are determined by the department to provide adequate protection to the
fish and wildlife habitat conservation area and buffer.
(3) Trails and Trail -Related Facilities. Construction of public and private trails and trail -related facilities,
such as benches and viewing platforms, may be allowed in fish and wildlife habitat conservation area
buffers pursuant to the following guidelines:
(a) Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility
corridors, or any other previously disturbed areas.
(b) Trails and related facilities shall be planned to minimize removal of trees, soil disturbance and
existing hydrological characteristics, shrubs, snags and important wildlife habitat.
(c) Viewing platforms and benches, and access to them, shall be designed and located to minimize
disturbance of wildlife habitat and/or critical characteristics of the affected fish and wildlife habitat
conservation area.
(d) Trails and related facilities shall generally be located outside required buffers. Where trails are
permitted within buffers they shall be located in the outer 25 percent of the buffer and a minimum of 25
feet from the fish and wildlife habitat conservation areas edge, except where stream crossings have
been approved.
(e) Trails shall generally be limited to pedestrian use and pervious surfaces no more than five feet in
width, unless other more intensive uses, such as bike or horse trails, have been specifically allowed and
mitigation has been provided.
(f) Circular (loop) trails are discouraged, as they have the potential to encircle critical areas and cut off
habitat connectivity for smaller species.
(4) Utilities in fish and wildlife habitat conservation area or their buffers.
(a) Construction of new utilities outside the road right-of-way or existing utility corridors may be
permitted in fish and wildlife habitat conservation area or buffers, only when no reasonable alternative
location is available and the utility corridor meets the requirements for installation, replacement of
vegetation and maintenance outlined below, and as required in the filing and approval of applicable
permits and special reports required by this chapter.
(b) Sewer or On -Site Sewage Utility. Construction of sewer lines or on -site sewage systems may be
permitted in regulated riparian management zones only when:
(i) The applicant demonstrates it is necessary to meet state and/or local health code minimum design
standards (not requiring a variance for either horizontal setback or vertical separation); and/or
(ii) The applicant sufficiently demonstrates the mitigation sequencing requirements defined in this
Chapter to show all avoidance and minimization measures have been considered. Joint use of the sewer
utility corridor by other utilities may be allowed.
(iii) New utility corridors shall be aligned, when possible, to avoid cutting trees greater than 12 inches in
diameter at breast height (four and one-half feet), measured on the uphill side.
(iv) On -site sewage systems shall be located in the outer 25 percent of the riparian management zone.
(c) New utility corridors shall not be allowed when the regulated fish and wildlife habitat conservation
area or buffer has known locations of federal or state listed endangered, threatened or sensitive
species, heron rookeries or nesting sites of raptors which are listed as state candidate or state monitor,
except in those circumstances where an approved habitat management plan indicates that the utility
corridor will not significantly impact the fish and wildlife habitat conservation area, buffer, or species.
(d) New utility corridor construction and maintenance shall protect the regulated fish and wildlife
habitat conservation area and riparian management zone environment by utilizing the following
methods:
(i) New utility corridors shall be aligned when possible to avoid cutting trees greater than 12 inches in
diameter at breast height (four and one-half feet), measured on the uphill side.
(ii) New utility corridors shall be revegetated with appropriate native vegetation at preconstruction
densities or greater, immediately upon completion of construction, or as soon thereafter as possible, if
due to seasonal growing constraints. The utility shall ensure that such vegetation survives.
(iii) Any additional utility corridor access for maintenance shall be provided as much as possible at
specific points, rather than by parallel roads. If parallel roads are necessary, they shall be of a minimum
width but no greater than 15 feet; and shall be contiguous to the location of the utility corridor on the
side away from the fish and wildlife habitat conservation area. Mitigation will be required for any
additional access through restoration of vegetation in disturbed areas.
(iv) The department may require other additional mitigation measures.
(e) Utility corridor maintenance shall include the following measures to protect the regulated fish and
wildlife habitat conservation area and buffer environment:
(i) Where feasible, painting of utility equipment such as power towers shall not be sprayed or
sandblasted, nor should lead -based paints be used.
(ii) No pesticides, herbicides or fertilizers may be used in fish and wildlife habitat conservation areas or
their buffers except those approved by the EPA and Ecology. Where approved, herbicides must be
applied by a licensed applicator in accordance with the safe application practices on the label. Within
fish and wildlife habitat conservation areas, the applicator must be licensed to use aquatic herbicides.
(f) For utility work in fish and wildlife habitat conservation area or in -water, it shall be the applicant's
responsibility to obtain all necessary state and federal approvals before beginning work. (Ord. 019-17
§ 18 (Exh. 1)).
20.162.072 Purpose.
This chapter applies to all regulated uses included in the critical areas ordinance within 300 feet of areas
designated as geologically hazardous areas, as categorized in POMC 20.162.076. The intent of this
chapter is to:
(1) Provide standards to protect human life and property from potential risks;
(2) Control erosion, siltation, and water quality to protect fish and marine shellfish;
(3) Provide controls to minimize erosion caused by human activity;
(4) Use innovative site planning by placing geologically hazardous areas and buffers in open space and
transferring density to more suitable areas on the site. (Ord. 010-18 § 29; Ord. 019-17 § 18 (Exh. 1)).
20.162.074 Geologically hazardous area categories.
The following categories shall be used in classifying geologically hazardous areas:
(1) Geologically Hazardous Areas.
(a) Areas with slopes greater than 30 percent and mapped by the Coastal Zone Atlas or spatial GIS data
provided by the Washington Geologic Information Portal! as unstable (U), unstable old land slides (UOS)
or unstable recent slides (URS).
(b) Areas with slopes greater than 30 percent in grade and deemed by a qualified geologist or
geotechnical engineer to meet the criteria of U, UOS, or URS.
(2) Areas of Geologic Concern.
(a) Areas designated U, UOS, or URS in the Coastal Zone Atlas or spatial GIS data provided by the
Washington Geologic Information, with slopes less than 30 percent; or areas found by a qualified
geologist to meet the criteria for U, URS, and UOS with slopes less than 30 percent; or
(b) Slopes identified as intermediate (1) in the Coastal Zone Atlas or spatial GIS data provided by the
Washington Geologic Information, or areas found by a qualified geologist to meet the criteria of I; or
(c) Slopes 15 percent or greater, not classified as I, U, UOS, or URS, with soils classified by the Natural
Resources Conservation Service as "highly erodible" or "potentially highly erodible"; or
(d) Slopes of 15 percent or greater with springs or groundwater seepage not identified in subsection
(2)(a), (b), or (c) of this section; or
(e) Seismic areas subject to liquefaction from earthquakes (seismic hazard areas) such as hydric soils as
identified by the Natural Resources Conservation Service, and areas that have been filled to make a site
more suitable. Seismic areas may include former wetlands, which have been covered with fill; or
(f) Areas with any indications of earth movement such as debris slides, earthflows, slumps and rock falls;
or
(g) Areas with artificial oversteepened or unengineered slopes, i.e., cuts or fills; or
(h) Areas oversteepened or otherwise unstable as a result of stream incision, stream bank erosion, and
undercutting by wave action.
(3) Site -Specific Determination — Geological and Geotechnical Report Provisions. Should the applicant
question the information the city must rely on to determine whether a location contains a geologically
hazardous area or area of geologic concern, the city may ask the applicant to submit the appropriate
geotechnical or geologic report to confirm or modify the existing information known about the area. The
requirements for these reports are contained in Articles VIII and X of this chapter.
The intent of this provision is to allow obviously nongeologically hazardous sites to be determined as
such. Where there is any ambiguity about the potential for geologic hazards whatsoever, the
department will require a geotechnical or geological report, rather than make a nongeologically
hazardous determination. (Ord. 010-18 § 30; Ord. 019-17 § 18 (Exh. 1)).
20.162.076 Development standards.
This chapter applies to all regulated uses in this chapter or within 300 feet of areas designated as
geologically hazardous or areas of concern. Permit applications include submittals for clearing, grading
and building on property containing geologically hazardous areas. Submittal documents prepared by a
licensed engineer may also be required by the department, pursuant to the city's stormwater
regulations.
(1) Geologically Hazardous Areas and Areas of Geologic Concern.
(a) Approval. Where applicable the department will approve, approve with conditions or deny the
development proposal based on the department's evaluation of specific site conditions. The department
will also consider any proposed mitigation measures included in a geotechnical report, if one is
submitted.
(b) Public Works Requirements. The applicant shall submit a land disturbing activity permit application
to the department. The application and supporting documents shall be completed by a professional
engineer licensed in the state of Washington. The submittal documents shall be determined on a site -
specific basis. The documents may include any combination of, but not be limited to, construction plans,
details and specifications for clearing, grading, erosion and sedimentation control, and stormwater
drainage and detailed hydrological, geotechnical, soils, and drainage reports and analyses.
(c) Minimum Buffer Requirement. The buffer for all geologically hazardous areas and areas of geologic
concern shall include native vegetation from the toe of the slope to 25 feet beyond the top of the slope
unless otherwise allowed through a geological report or a site -specific determination.
(d) Building/Impervious Surface Setback Requirements.
(i) Geologically Hazardous Areas. The minimum building and impervious surface setback from the top of
slope shall be equal to the height of the slope (1:1 horizontal to vertical) plus the greater of one-third of
the vertical slope height or 25 feet.
(ii) Areas of Geologic Concern. A minimum 40-foot building and impervious surface setback shall be
maintained from the top of slope. As required in subsection (1)(c) of this section, the 25 feet adjacent to
the top of the slope shall be retained as a native vegetation buffer, with an additional minimum 15-foot
building and impervious surface setback. The department may decrease the setback when such a
setback would result in a greater than 1:1 slope setback or as may be allowed through a geological
report or a site -specific determination.
(iii) Toe of Slope Building Setback. A geotechnical report may be required for any new construction
within 300 feet of a geologically hazardous area. The department will make a determination based on
slope height and stability indicators. Where slope hazard indicators are not identified, the requirements
of the International Building Code Section 1805 or Section R403 will apply.
(e) Buffer and Building Setback Modifications — Report Recommendations. The minimum native
vegetation buffer and/or building setback requirement may be decreased if a geotechnical report
demonstrates that a lesser distance, through design and engineering solutions, will adequately protect
both the proposed development and the erosion hazard and/or landslide hazard area (see Articles VIII
and X of this chapter for geological and geotechnical report requirements). Should the geotechnical
report indicate that a greater buffer and/or building setback is required than specified in this section,
the greater buffer and/or building setback shall be required. The department may determine through a
site visit, a special report or mapping, that an increased buffer and/or building setback is required from
the critical area.
(f) Time Limitations. For major new development, and where required for minor new development,
clearing, and grading, shall be limited to the period between May 1st to October 1st, unless the
applicant provides an erosion and sedimentation control plan prepared by a professional engineer
licensed in the state of Washington that specifically and realistically identifies methods of erosion
control for wet weather conditions.
(g) Field Marking Requirements. For major new development, the proposed clearing for the project and
all critical area buffers shall be marked in the field for inspection and approval by the department prior
to beginning work. Field marking requirements for minor new development will be determined on a
case -by -case basis by the department. The field marking of all buffers shall remain in place until
construction is completed and final approval is granted by the department. Permanent marking may be
required as determined necessary to protect critical areas or their buffers.
(h) Cut and Fill Slopes. The faces of all cut and fill slopes shall be protected to prevent erosion as
required by the engineered erosion and sedimentation control plan.
(i) Development Impact Standards. All discharge of runoff from the development site shall be of like
quality, flow rate, and velocity as that which flowed from the site prior to development. In addition, all
stormwater flows shall be accepted onto, and shall be discharged from, the development site at the
natural or otherwise legally existing locations. The proposed development shall not decrease the slope
stability of any area within 200 feet of the property boundary.
(j) Development Risk Standard. In cases where a special report indicates a significant risk to public
health, safety and welfare, the department shall deny or require revision of the site development
proposal.
(k) Additional Clearing Standards.
(i) Only the clearing necessary to install temporary erosion control measures will be allowed prior to the
clearing for roads and utilities construction.
(ii) Clearing for roads and utilities shall be the minimum necessary and shall remain within marked
construction limits.
(iii) Clearing for overhead power lines shall be the minimum necessary for construction and will provide
the required minimum clearances of the serving utility.
(1) Existing Logging Roads. Where existing logging roads occur in geologically hazardous areas or areas of
geologic concern, a geological or geotechnical report may be required prior to use as a temporary haul
road or permanent access road under a conversion or COHP forest practices application.
(n) Vegetation Enhancement. The department may require enhancement of buffer vegetation to
increase protection to geologically hazardous areas or areas of geologic concern.
(o) Seismic Hazard Area Development Standards.
(i) Proposed new development within a seismic hazard area shall be in accordance with the Washington
State Building Code as adopted in POMC 20.200.
(ii) Applicants for public and commercial building proposals within seismic hazard areas shall submit a
geotechnical report addressing any fill or grading that has occurred on the subject parcel. Any fill placed
for such development shall have documented construction monitoring as required by the International
Building Code.
(iii) All major new development in seismic hazard areas shall require a geotechnical report. Minor new
development may also require a geotechnical report, as determined by the department.
(iv) The development proposal may be approved, approved with conditions or denied based on the
department's evaluation of the proposed mitigation measures to reduce seismic risk.
(2) Prohibitions.
(a) Critical facilities, as defined in Article II of this chapter, are prohibited in geologically hazardous areas.
(b) In geologically hazardous areas with slopes greater than 80 percent, no development will be allowed
either on or within the defined buffer area, unless approved by the department after review of a
geotechnical report. The defined buffer zone for geologically hazardous areas is defined in subsection
(1)(d) of this section.
(c) On -site sewage disposal should be avoided in geologically hazardous areas and their buffers. In cases
where such areas cannot be avoided, review by a geologist or a geotechnical engineer licensed in the
state of Washington will be required in coordination with the Bremerton-Kitsap County health district.
(Ord. 010-18 § 31; Ord. 019-17 § 18 (Exh. 1)).
20.162.078 Purpose and requirements.
The purpose of this article is to protect the public health, safety and welfare from harm caused by
flooding. It is also the intent to prevent damage and/or loss to both public and private property.
Pursuant to this purpose, the city uses Chapter 20.170 POMC, Flood Damage Prevention, adopted by
reference, which designates special flood hazard areas and establishes permit requirements for these
areas.
In addition, the Kitsap County GIS database for critical drainage areas of the stormwater management
regulations will be included for areas of review under frequently flooded areas. (Ord. 019-17 § 18 (Exh.
1)).
Article VII. Critical Aquifer Recharge Areas
20.162.080 Purpose.
The intent of this article is to provide water quality protection associated with aquifer recharge areas
through the regulation of land use activities that pose a potential contaminant threat or could increase
the vulnerability of the aquifer. It is the policy of the city to accomplish the following:
(1) Identify, preserve and protect aquifer recharge areas and prevent degradation of the quality of
potable groundwater;
(2) Recognize the relationship between surface and groundwater resources; and
(3) Balance competing needs for water while preserving essential natural functions/processes. (Ord.
019-17 § 18 (Exh. 1)).
20.162.082 Critical aquifer recharge area categories.
A critical aquifer recharge area is a geographical area which provides the recharge to an aquifer(s) which
is a current or potential potable water source and, due to its geological properties, is highly susceptible
to the introduction of pollutants, or because of special circumstances, has been designated as a critical
aquifer recharge area in accordance with WAC 365-190-080 by the city. Critical aquifer recharge areas
under this chapter may be established based on general criteria or specifically designated due to special
circumstances.
(1) Category I — Critical Aquifer Recharge Areas. The following general criterion is established to
designate critical aquifer recharge areas: wellhead protection zones around Group A water system
supply wells:
(a) Areas inside the one-year time of travel zone for Group A water system wells, calculated in
accordance with the Washington State Well Head Protection Program.
(b) Five-year time of travel zones in wellhead protection areas are included as critical aquifer recharge
areas under the following condition: The five-year time of travel zone is included when the well draws
its water from an aquifer that is at or above sea level and is overlain by permeable soils listed in
subsection (2)(a) of this section without an underlying protective impermeable layer (see below).
(2) Category II — Aquifer Recharge Areas of Concern. Areas which provide recharge to aquifers that
provide current or potential potable water supplies and are vulnerable to contamination, and meet any
one of the following general criteria:
(a) Highly Permeable Soils — Locations Where Surface Soil Layers Are Highly Permeable. Soils that have
relatively high permeability and high infiltration potential may provide for groundwater recharge, but
also may enhance transfer of contaminants from the surface to groundwater. For these reasons the
locations where surface soils are highly permeable are considered aquifer recharge areas of concern.
The general location and characteristics of soils in Kitsap County and the city is given in the Soil Survey of
Kitsap County by the U.S. Department of Agriculture, Natural Resources Conservation Service (SCS). The
soil survey information is available on the Kitsap County geographic information system (GIS). The
following soil types are considered to have relatively high permeability and are aquifer recharge areas of
concern.
The following soils have relatively high infiltration:
SCS Soil Name
SCS Soil Map Units
Grove
11, 12, 13
Indianola
18, 19, 20, 21
Neilton
34, 35, 36
Norma
37,38
Poulsbo/Ragnar
41, 42, 43, 44, 45, 46, 47
(b) Areas Above Shallow Principal Aquifers. Surface areas above shallow principal aquifer(s) which are
not separated from the underlying aquifers by an impermeable layer that provides adequate protections
to preclude the proposed land use from contaminating the shallow aquifer(s) below are considered
aquifer recharge areas of concern. This generally includes principal aquifers in subsurface hydrogeologic
units Og1, Og1a, Ogg and portions of Og3 that are within 300 feet of the ground surface. (Ord. 019-17
§ 18 (Exh. 1)).
20.162.084 Development standards.
Standards for development shall be in accordance with the provisions below and the requirements of
the underlying zoning:
(1) A hydrogeological report will be required on sites that have been identified as having characteristics
with high infiltration rates, or having a high aquifer recharge or infiltration potential for land uses
identified in Table 20.162.086, unless determined unnecessary upon coordination with agencies with
jurisdiction (Bremerton-Kitsap County health district and/or affected water purveyors). This evaluation
shall apply to impacts on both groundwater and surface water, as it relates to recharge areas (see
requirements in Article VIII of this chapter, Special Reports).
(2) Affected water purveyors will be notified and requested to comment during the preliminary phases
of the city's review process on the proposed land use and potential impacts. The purveyor may
recommend appropriate mitigation to reduce potential impacts. The department will consider these
recommendations to develop appropriate permit conditions.
(3) This section shall not affect any right to use or appropriate water as allowed under state or federal
law. In addition, these requirements do not apply to those activities which have potential contaminant
sources below threshold amounts as set forth in applicable state RCWs or local regulations.
In addition to the general standards above, the following will apply:
(a) Category I — Critical Aquifer Recharge Areas. Land uses identified in Table 20.162.086 are prohibited
in critical aquifer recharge areas. Requests for waivers shall include a hydrogeological report, which
includes a detailed risk -benefit analysis that considers credible, worst -case scenarios. The waiver will be
evaluated and treated as a special use review, similar to the review process in Article VIII of this chapter,
Special Reports, by the review department, the health district, and the affected water purveyors.
(b) Category II — Aquifer Recharge Areas of Concern. Applicants proposing operations that pose a
potential threat to groundwater as defined in Table 20.162.086 in aquifer recharge areas of concern
may be required to submit a hydrogeological report. The scope of the report shall be based on site -
specific conditions. The need for additional information will be determined by the department, the
health district and the affected water purveyor. Based on the results of the report, controls, mitigation,
and/or other requirements will be established as a prerequisite for the development proposal being
approved.
(c) The department will also notify the health district and affected water purveyors through the
environmental review process when those development activities listed in Table 20.162.086 are
proposed outside the areas designated critical aquifer recharge areas and aquifer recharge areas of
concern.
Table 20.162.086: Operations with Potential
Threat to Groundwater
A. Above and below ground storage tanks
1. Hazardous and industrial waste
treatment
2. Hazardous and industrial waste storage
3. Hazardous material storage
B. Animal feedlots
C. Commercial operations
*1. Gas stations/service stations/truck
terminals
2. Petroleum distributors/storage
*3. Auto body repair shops/rust proofers
4. Auto chemical supply stores/retailers
*5. Truck, automobile, and combustion
engine repair shops
*6.
Dry cleaners
*7.
Photo processors
*8.
Auto washes
*9.
Laundromats
*10. Beauty salons
11. Research or chemical testing laboratories
which handle significant quantities of
hazardous materials
12. Food processors/meat packers/slaughter
houses
13. Airport-maintenance/fueling operation
areas
14. Junk and salvage yards
15. Storing or processing manure, feed, or
other agriculture by-products by
commercially permitted businesses
*16. Large scale storage or use of pesticides,
insecticides, herbicides, or fertilizer by
commercial or agricultural operations
D. Deep injection wells
1. Wastewater disposal wells
2. Oil and gas activity disposal wells
3. Mineral extraction disposal wells
E. De-icing salts storage piles
F. Industrial operations
*1. Furniture strippers/painters/finishers
2. Concrete/asphalt/tar/coal companies
3. Industrial manufacturers: chemicals,
pesticides/herbicides, paper, leather
products, textiles, rubber,
plastic/fiberglass, silicone/glass,
pharmaceuticals, electrical equipment
4. Metal platers/heat treaters/smelters/
annealers/descalers
5. Wood preserves
6. Chemical reclamation facilities
*7. Boat refinishers
G. Land application
1. Wastewater application (spray irrigation)
2. Wastewater byproduct (sludge)
application
3. Petroleum refining waste application
4. Hazardous waste applications
H. Landfills
1. Industrial hazardous and nonhazardous
landfill
2. Municipal sanitary landfill
I. Material transfer operations
1. Hazardous and industrial waste transfers
2. Hazardous material transfers
J. Materials stockpiles
K. Mining and mine drainage
L. On -site septic systems (LOSS category) of
greater than 14,500 G.P.D. capacity without
pretreatment
M. Pipelines
Hazardous and industrial waste transfer
Hazardous material transfer
N. Radioactive disposal sites
O. Sand and gravel mining operations
*P. Marina
*If not on a sewer system with a treatment plant.
(Ord. 019-17 § 18 (Exh. 1)).
20.162.086 Purpose.
The following special reports may be required to provide environmental information and to present
proposed strategies for maintaining, protecting and/or mitigating critical areas:
(1) Wetland report
(2) Mitigation plan;
(3) Habitat management plan;
(4) Geotechnical report/geological report;
(5) Hydrogeological report. (Ord. 019-17 § 18 (Exh. 1)).
20.162.088 When required.
Special reports shall be submitted by the applicant and approved by the department for regulated uses
when required by this chapter for the protection of a critical area. Refer to specific critical area
protection standards when special reports are required. (Ord. 019-17 § 18 (Exh. 1)).
20.162.090 Special reports — Responsibility for completion.
The applicant shall pay for or reimburse the city for the costs incurred in the preparation of special
reports or tests and for the costs incurred by the city to engage technical consultants or staff for review
and interpretation of data and findings submitted by or on behalf of the applicant. The applicant shall
pay permit fees or technical assistance fees as required by the city. In such circumstances where a
conflict in the findings of a special report and the findings of the city in review of the special report
exists, the applicant or affected party may appeal such decisions of the city pursuant to the appeal
procedures as provided in this title. (Ord. 019-17 § 18 (Exh. 1)).
20.162.092 Qualifications of professionals.
Any special report prepared by a professional as described in this article shall include his or her resume,
or other list of qualifications, to aid the department in assessing these qualifications. (Ord. 019-17 § 18
(Exh. 1)).
20.162.094 Wetland report.
(1) Wetland Delineation Report. A wetland report shall include, but not necessarily be limited to, the
following:
(a) Vicinity map;
(b) When available, a copy of a National Wetland Inventory Map (U.S. Fish and Wildlife Service) and/or a
wetland inventory map, as approved by the city, identifying the wetlands on or within 300 feet of the
site;
(c) A site map setting forth all of the following:
(i) Surveyed wetland boundaries based upon delineation by a wetland specialist;
(ii) Site boundary property lines and roads;
(iii) Internal property lines, right-of-way, easements, etc.;
(iv) Existing physical features of the site including buildings, fences, and other structures, roads, parking
lots, utilities, water bodies, etc.;
(v) Contours at the smallest readily available intervals, preferably at two -foot intervals;
(vi) Hydrologic mapping showing patterns of surface water movement and known subsurface water
movement into, through, and out of the site area;
(vii) Location of all test holes and vegetation sample sites, numbered to correspond with flagging in the
field and field data sheets;
(viii) The department may require an air photo with overlays displaying the site boundaries and wetland
delineation;
(d) A report which includes the following:
(i) Location information (legal description, parcel number and address);
(ii) Delineation report. The wetland boundaries on the site established by the delineation shall be staked
and flagged in the field. If the wetland extends outside the site, the delineation report shall discuss all
wetland areas within 300 feet of the site, but need only delineate those wetland boundaries within the
site;
(iii) General site conditions including topography, acreage, and surface areas of all wetlands identified in
the Kitsap County wetland atlas and water bodies within one -quarter mile of the subject wetland(s);
(iv) Hydrological analysis, including topography, of existing surface and known significant subsurface
flows into and out of the subject wetland(s);
(v) Analysis of functional values of existing wetlands, including vegetative, fauna, and hydrologic
conditions;
(e) A summary of proposed activity and potential impacts to the wetland(s);
(f) Recommended wetland category, including rationale for the recommendation;
(g) Recommended buffer boundaries, including rationale for boundary locations;
(h) Site plan of proposed activity, including location of all parcels, tracts, easements, roads, structures,
and other modifications to the existing site. The location of all wetlands and buffers shall be identified
on the site plan.
(2) Administrative Wetland Boundary and Ranking Evaluation.
(a) An informal determination of the regulated wetland boundary and an evaluation of any unranked
regulated wetland may be completed by the department for any minor new development project listed
in Article II of this chapter, unless the applicant wishes to employ a qualified wetland biologist at the
applicant's expense, or if such a report is required by the department. Fees may be collected for this
determination and evaluation.
(b) Methodology for delineation of the regulated wetland boundary shall be the plant community
assessment procedure, which is described in the approved federal wetland delineation manual and
applicable regional supplements.
(c) The wetland boundary shall be field staked and this line shall be depicted on the building site plan
application.
(d) The regulated wetland boundary and regulated wetland buffer shall be identified on all grading,
building site, utility or other development plans submitted on the project.
20.162.096 Mitigation plan.
(1) Whenever the department has determined that losses of regulated critical areas are necessary and
unavoidable, or a review of a regulated critical area or its buffer is proposed, or an exception to uses is
allowed or a variance to standards is granted, a mitigation plan shall be prepared which is considered in
the following order of preference:
(a) Avoiding the impact altogether by not taking a certain action or parts of actions. This may be
accomplished by selecting a reasonable alternative that does not involve critical area or critical area
impacts, applying reasonable mitigation measures, such as drainage and erosion control, alternative site
planning, and/or using best available technology. In reviewing development proposals required to
submit a mitigation plan, the department shall first determine if the impact can be avoided (e.g.,
impacts cannot be avoided if denial of the development proposal or parts thereof or mitigation
measures would result in an extraordinary hardship and denial of reasonable use of property).
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by
using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. This may be
accomplished by selecting a reasonable alternative that avoids most critical area impacts, applying
reasonable mitigation measures, such as drainage and erosion control, alternative site planning, and/or
using best available technology. In reviewing development proposals required to submit a mitigation
plan, the department shall determine if the impact can be first avoided and secondly minimized. Impacts
cannot be avoided or minimized if denial of the development proposal or parts thereof or mitigation
measures would result in an extraordinary hardship and denial of reasonable use of property.
(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. This may be
done by reestablishing critical area and critical area buffer characteristics on a site which have been lost
by alterations or activities. Rectifying shall be accomplished in accordance with a mitigation plan, which
has been prepared in accordance with the requirements in subsection (3)(d) of this section and has been
approved by the department. In reviewing development proposals required to submit a mitigation plan,
the department shall determine if the impact should be rectified. Impacts can be rectified if mitigation
measures would not result in an extraordinary hardship and denial of reasonable use of the property.
(d) Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments. Unless required elsewhere by this chapter, compensation shall occur on -site and be in -
kind. When it is adequately demonstrated that there is no feasible opportunity for on -site
compensation the director may approve an offsite compensatory approach. This may be done by
improving existing critical areas and buffers at another location, or otherwise providing a substitute
critical area resource at another location as compensation for any unavoidable adverse impacts.
Compensating shall be accomplished in accordance with a mitigation plan, which has been prepared in
accordance with the requirements in subsection (4)of this section and has been approved by the
department. In reviewing development proposals required to submit a mitigation plan, the department
shall determine if the impact should be compensated. Impacts can be compensated if compensation and
mitigation measures would not result in an extraordinary hardship and denial of reasonable use of
property. Compensation of critical area impacts may be waived by the department for development
authorized by POMC 20.162.036, Exceptions.
(2) The overall goal of any mitigation plan shall be no net loss of regulated critical area functions and
acreage.
(3) Those persons proposing compensatory mitigation projects shall show that the compensation project
is associated with an activity or development otherwise permitted and that the restored, created, or
enhanced critical area will be as persistent as the feature it replaces by accomplishing the following:
(a) Demonstrate sufficient scientific expertise, supervisory capability, and financial resources to carry
out the project; and
(b) Demonstrate the capability for monitoring the site and for making corrections during this period, if
the project fails to meet projected goals; and
(c) Protect and manage or provide for the protection and management of the compensation area to
avoid further development or degradation.
(4) Mitigation plans shall be implemented by the project applicant, and include the following
components:
(a) Baseline Information. A written assessment and accompanying maps of the impacted critical area
shall be produced by the applicant or applicant's consultant and shall include, at a minimum: existing
critical area acreage; critical area functions; vegetative, faunal and hydrologic characteristics; habitat
conditions; and topographic elevations.
(b) If the compensation site is off site from the impacted critical area site, baseline information about it,
in addition to the above information about the impacted critical area, shall be provided by the applicant
and shall include all those items listed in subsection (3)(d)(i) of this section and as well as: the
relationship of the compensation site within the watershed and to existing water bodies; existing and
proposed existing compensation site conditions; buffers; and ownership.
(c) Environmental Goals and Objectives. The report shall identify goals and objectives and include:
(i) The purposes of the compensation measures including a description of site selection criteria,
identification of compensation goals, identification of target evaluation species and resource functions,
dates for beginning and completion of compensation measures, and a complete description of the
structure and functional relationships sought at the mitigation site. The goals and objectives shall be
related to the functions of the original critical area or, if out -of -kind, the type of critical area to be
emulated; and
(ii) A review of the available literature and/or experience to date in restoring or creating the type of
habitat proposed shall be provided. An analysis of the likelihood of success of the compensation project
at duplicating the original critical area shall be provided based on the experiences of comparable
projects, if any. An analysis of the likelihood of persistence of the created, restored, or enhanced critical
area shall be provided based on such factors as: habitat conditions; dynamics of ecosystem; presence of
invasive flora or fauna; potential human or animal disturbance; and previous comparable projects, if
any.
(d) Performance Standards. Specific criteria shall be provided for evaluating whether or not the goals
and objectives of the mitigation plan are being achieved at various stages in the project and for
beginning remedial action or contingency measures. Such criteria may include water quality standards,
survival rates of planted vegetation, species abundance and diversity targets, habitat diversity indices, or
other ecological, geological or hydrological criteria.
(e) Detailed Construction Plans. Written specifications and descriptions of compensation techniques
shall be provided including the proposed construction sequence, grading and excavation details,
erosion, sediment and stormwater recharge control features needed for site construction and long-term
survival, a planting plan specifying plant species, quantities, locations, size, spacing, and density; the
source of plant materials, propagules, or seeds; water and nutrient requirements for planting; where
appropriate, measures to protect plants from predation; specification of substrate stockpiling
techniques and planting instructions; descriptions of water control structures and water -level
maintenance practices needed to achieve the necessary hydrocycle/hydrope riod characteristics;
sufficient information to address anticipated sea level rise when applicable; etc. These written
specifications shall be accompanied by detailed site diagrams, scaled cross -sectional drawings,
topographic maps showing slope percentage and final grade elevations, and any other drawings
appropriate to show construction techniques or anticipated final outcome. The plan shall provide for
elevations which are appropriate for the desired habitat type(s) and which provide sufficient tidal prism
and circulation data.
(f) Monitoring Program. A program outlining the approach for monitoring construction of the
compensation project and for assessing a completed project shall be provided. Monitoring must include
sufficient information to adequately assess the progress of a project. Monitoring may include, but is not
limited to:
(i) Establishing vegetation plots to track changes in plant species composition and density over time;
(ii) Using photo stations to evaluate vegetation community response;
(iii) Sampling surface and subsurface waters to determine pollutant loading and changes from the
natural variability of background conditions (pH, nutrients, heavy metals);
(iv) Measuring base flow rates and stormwater runoff to model and evaluate water quantity predictions
by a licensed engineer in the state of Washington, where required;
(v) Measuring sedimentation rates, if applicable; and
(vi) Sampling fish and wildlife populations to determine habitat utilization, species abundance and
diversity. A protocol shall be included outlining how the monitoring data will be evaluated by agencies
that are tracking the progress of the compensation project. A monitoring report shall be submitted
annually and, at a minimum, documenting milestones, successes, problems, and contingency actions of
the compensation project. The compensation project shall be monitored for a period necessary to
establish that performance standards have been met, but not for a period of less than five years.
(vii) The city shall require monitoring reports on an annual basis for a minimum of five years. Certain
types of habitat communities require additional time for establishment and may require monitoring for
10 or more years depending on the site -specific circumstances and the scope of the mitigation project.
(g) Contingency Plan. Identification of potential courses of action, and any corrective measures to be
taken when monitoring or evaluating indicates project performance standards are not being met.
(h) Permit Conditions. Any compensation project prepared pursuant to this section and approved by the
department shall become part of the application for the permit.
(5) Performance Bonds and Demonstration of Competence. 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. 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. In addition, bonds ensuring fulfillment
of the compensation project, monitoring program, and any contingency measure shall be posted in the
amount of 150 percent of the expected cost of compensation and shall be effective for a period of no
less than three years and no greater than 10 years after completion of the mitigation plan.
(6) Waiver. The department may waive portions of this report if, in his or her opinion, there is adequate
information available on the site to determine its impacts and appropriate measures.
(7) List of Qualified Consultants. The department shall establish a list of qualified consultants to prepare
mitigation plans. (Ord. 019-17 § 18 (Exh. 1)).
20.162.098 Habitat management plan.
A habitat management plan is a report to provide an analysis and discussion on the project's effects on a
fish and wildlife habitat conservation area and to address how the project will be mitigated. The
Washington Department of Fish and Wildlife Priority Habitat and Species Management
Recommendations, and supplemental documents are advised to serve as guidance for this report. A
habitat management plan shall contain, at a minimum, the following:
(1) The habitat management plan shall contain a map prepared at an easily readable scale, showing:
(a) The location of the proposed development site;
(b) The relationship of the site to surrounding topographic features, water features, and cultural
features;
(c) Proposed building locations and arrangements;
(d) A legend which includes a complete legal description, acreage of the parcel, scale, north arrows, and
date of map revision.
(2) The habitat management plan shall also contain a report, which describes:
(a) The nature and intensity of the proposed development;
(b) An analysis of the effect of the proposed development, activity or land use change upon the wildlife
species and habitat identified for protection; and
(3) Mitigation Sequencing. When an alteration to a fish and wildlife habitat conservation area or its
buffer is proposed, such alteration shall be avoided, minimized, or compensated for in the following
order of preference.
(a) Avoiding the impact altogether by not taking a certain action or parts of an action.
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by
using appropriate technology, or by taking affirmative steps to avoid or reduce impacts.
(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
(d) Reducing or eliminating the impact over time by preservation and maintenance operations.
(e) Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments.
(f) Monitoring the required mitigation and taking remedial action where necessary. Monitoring shall
occur for a minimum of five years, or until the department determines that the mitigation project has
achieved success. Certain types of habitat communities require additional time for establishment and
may require monitoring for 10 or more years depending on the site -specific circumstances and the
scope of the mitigation project.
(4) A plan which identifies how the applicant proposes to mitigate any adverse impacts to wildlife
habitats created by the proposed development. (See mitigation plan requirements, Article VIII of this
chapter.)
(5) Possible mitigation measures to be included in the report, or required by the department, 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 areas;
(d) Seasonal restriction of construction activities; and
(e) Establishing phased development requirements and/or a timetable for periodic review of the plan.
(6) This plan shall be prepared by a person who has been educated in this field and has professional
experience as a fish or wildlife biologist. Where this plan is required for the protection of an eagle
habitat, the eagle habitat management plan shall normally be prepared by the Department of Wildlife,
as required under the bald eagle management rules. (Ord. 019-17 § 18 (Exh. 1)).
20.162.100 Buffer enhancement plan.
(1) A buffer enhancement plan shall assess the habitat, water quality, storm water detention, ground
water recharge, shoreline protection, and erosion protection functions of the buffer and assess the
effects of the proposed modification on those functions. The buffer enhancement plan shall also provide
the following:
a. A map locating the specific area of enhancement;
b. A planting plan that uses native plant species indigenous to this region including groundcover,
shrubs, and trees;
c. A set of performance standards shall be provided for evaluating whether or not the goals and
objectives of the plan are being achieved at various stages during the monitoring program. Such criteria
may include survival rates of planted vegetation, species abundance and diversity targets, or other
ecological, geological or hydrological criteria.
c. Provisions for monitoring and maintenance over the monitoring period. Monitoring shall occur for a
minimum of five years, or until the department determines that the mitigation project has achieved
success. Certain types of enhancement may require additional time for establishment and may require
monitoring for 10 or more years depending on the site -specific circumstances and the scope of the
mitigation project.
(d) Shall be prepared by a qualified specialist or biologist.
20.162.104 Geotechnical report.
(1) A geotechnical report shall include a description of the site geology, conclusions and
recommendations regarding the effect of geologic conditions on the proposed development, opinions
and recommendations of the adequacy of the site to be developed, the effects of groundwater
interception and infiltration, seepage, potential slip planes, and changes in soil bearing strength, and the
impacts of the proposed development and appropriate mitigating measures. A geotechnical report may
contain information obtained with subsurface investigative measures such as test pit digging, soil boring,
water well installation or Dutch Cone Penetrometer investigations. Reports containing engineering
design recommendations; i.e., recommendations for foundations (loading, sizing, depth, or settlement
estimates), pile or pier design, retaining structures, or recommendations for construction on slopes
steeper than 30 percent, must be prepared by or in conjunction with a licensed geotechnical engineer as
defined in subsection (2) of this section.
A geological report shall include the above, with the exception of engineering design recommendations,
and need not make use of subsurface investigative measures. As the report will not include engineering
recommendations, a geological report may be prepared by a geologist or engineering geologist as
defined in subsection (2) of this section.
(2) Geotechnical reports shall be prepared by a geotechnical engineer (a civil engineer licensed by the
state of Washington who is knowledgeable of regional geologic conditions and who has at least four
years' professional experience in landslide and/or seismic hazard evaluation). Geological reports may be
prepared by a geologist, engineering geologist or geotechnical engineer knowledgeable in regional
geologic conditions and having at least four years' professional experience in site evaluation and
development studies, and landslide and/or seismic hazard evaluation.
(3) Report recommendations for siting structures in high risk areas shall be based on existing site
conditions rather than measures that have not yet been successfully approved, designed or constructed
(e.g., slope recontouring, slope retaining walls, vegetation improvements, bulkheads, etc.). Shoreline
bulkheads and retaining walls may only be utilized as an engineering solution where it can be
demonstrated that an existing residential structure cannot be safely maintained without such measures,
and that the resulting retaining wall is the minimum necessary to provide a stable building area for the
structure. (Ord. 019-17 § 18 (Exh. 1)).
20.162.106 Hydrogeological report.
A hydrogeological report shall be required for certain proposed operations based on a consultation with
the appropriate local and state agencies. The report shall address the impact the proposed land use will
have on both the quality and quantity of the water transmitted to the aquifer. The report shall also
address the types of pesticides and herbicides and fertilizers that can safely be used for the care of
landscaping proposed by the applicant.
(1) The report shall be submitted to the reviewing authority and address, at a minimum, the following
criteria:
(a) Surficial soil type and geologic setting;
(b) Location and identification of wells within 1,000 feet of the site;
(c) Location and identification of surface water bodies and springs within 1,000 feet of the site with
recharge potential;
(d) Description of underlying aquifers and aquitards, including water level, gradients and flow direction;
(e) Available surface water and groundwater quality data;
(f) Effects of the proposed development on water quality;
(g) Sampling schedules required to assure water quality;
(h) Discussion of the effects of the proposed development on the groundwater resource;
(i) Recommendations on appropriate BMPs (best management practices) or mitigation to assure no
significant degradation of groundwater quality; and
(j) Other information as required by the Bremerton-Kitsap County health district.
(2) The hydrogeologic report shall be prepared by a professional geologist/hydrologist or by a soil
scientist with a strong background in geology as demonstrated by course work from an accredited
college or university and/or has a minimum of five years' experience.
(3) Applications for development or operations with underground storage of petroleum products will be
processed using the appropriate procedure as specified in existing state regulations and city ordinances.
(4) Analysis for a specific parcel(s), using the criteria outlined below, will be employed to determine if
the soils present require a recharge area designation. Data collection will include, at a minimum: six soil
logs to a depth of 10 feet (or to a depth four feet below the lowest proposed excavation point
whichever is greater) for each acre in the parcel(s) being evaluated. At least one well which is 300 feet or
greater in depth with an adequate drilling report must be available within one mile. The associated data
shall be analyzed and included in the hydrogeologic report to determine the presence of highly
permeable soils with the recharge area designation.
For development proposals within aquifer recharge areas of concern, the hydrogeological report may be
based on quarter -quarter section basis locations where the number of wells within a half -mile radius is
36 or more, and are designated aquifer recharge areas. To facilitate computer analysis, the evaluation
may be done on a quarter -quarter section basis using the quarter -quarter section in which a parcel of
interest is located and all the surrounding quarter -quarter sections, in place of the half -mile circle. (Ord.
019-17 § 18 (Exh. 1)).
20.162.108 Attachments.
The purpose of the attachments is to provide supporting documentation to assist in the implementation
of this chapter:
(1) Attachment A — Washington State Wetlands Rating System Categories.
(2) Attachment B —Washington State DNR Stream Rating System.
(3) Attachment C — Kitsap County's GIS Database of Critical Areas Information.
(4) Attachment D — Site Development Figures.
(5) Attachment E — Port Orchard Critical Area and Buffer Notice.
(6) Attachment F — Kitsap County Shallow Principal Aquifer Listing.
Attachment A— Washington State Wetlands Rating System Categories
(A) Wetlands shall be rated according to the Washington Department of Ecology wetland rating system,
as set forth in the Washington State Wetland Rating System for Western Washington: 2014 Update
(Ecology Publication #14-06-029, or as revised and approved by Ecology), which contains the definitions
and methods for determining whether the criteria below are met.
1. Category I. Category I wetlands are: (1) relatively undisturbed estuarine wetlands larger than 1 acre;
(2) wetlands of high conservation value that are identified by scientists of the Washington Natural
Heritage Program/DNR; (3) bogs; (4) mature and old -growth forested wetlands larger than 1 acre; (5)
wetlands in coastal lagoons; (6) interdunal wetlands that score 8 or 9 habitat points and are larger than
1 acre; and (7) wetlands that perform many functions well (scoring 23 points or more). These wetlands:
(1) represent unique or rare wetland types; (2) are more sensitive to disturbance than most wetlands;
(3) are relatively undisturbed and contain ecological attributes that are impossible to replace within a
human lifetime; or (4) provide a high level of functions.
2. Category II. Category II wetlands are: (1) estuarine wetlands smaller than 1 acre, or disturbed
estuarine wetlands larger than 1 acre; (2) interdunal wetlands larger than 1 acre or those found in a
mosaic of wetlands; or (3) wetlands with a moderately high level of functions (scoring between 20 and
22 points).
3. Category III. Category III wetlands are: (1) wetlands with a moderate level of functions (scoring
between 16 and 19 points); (2) can often be adequately replaced with a well -planned mitigation project;
and (3) interdunal wetlands between 0.1 and 1 acre. Wetlands scoring between 16 and 19 points
generally have been disturbed in some ways and are often less diverse or more isolated from other
natural resources in the landscape than Category II wetlands.
4. Category IV. Category IV wetlands have the lowest levels of functions (scoring fewer than 16 points)
and are often heavily disturbed. These are wetlands that we should be able to replace, or in some cases
to improve. However, experience has shown that replacement cannot be guaranteed in any specific
case. These wetlands may provide some important functions, and should be protected to some degree.
(B) Illegal modifications. Wetland rating categories shall not change due to illegal modifications made by
the applicant or with the applicant's knowledge.
Attachment B — Washington State Department of Natural Resources Stream Typing System
Water Type Conversion Table
Permanent Water
Typing
Previous Water
Typing
Type F
Type 2 and 3
Type Np
Type 4
Type Ns
Type 5
(1) "Type F streams" are those surface waters which meet the criteria of the Washington Department of
Natural Resources, WAC 222-16-030(2) as now or hereafter amended, as Type F water. Type F streams
contain habitat for salmonid fish, game fish and other anadromous fish.
(2) "Type Np streams" are those surface waters which meet the criteria of the Washington Department
of Natural Resources, WAC 222-16-030(3) as now or hereafter amended, as Type Np water. Type Np
waters do not contain fish habitat.
(3) "Type Ns streams" are those surface waters which meet the criteria of the Washington Department
of Natural Resources, WAC 222-16-030(4) as now or hereafter amended, as a Type Ns water. These
streams are areas of perennial or intermittent seepage, ponds, and drainage ways having short periods
of spring or storm runoff. Type Ns waters do not contain fish.
Attachment C — Kitsap County GIS Database of Critical Areas Information
KITSAP COUNTY'S GIS DATABASE OF CRITICAL AREAS INFORMATION
CRITICAL AREA*
DATA
SOURCE
Wetlands
National Wetlands Inventory
U.S. Fish and Wildlife Service
KITSAP COUNTY'S GIS DATABASE OF CRITICAL AREAS INFORMATION
CRITICAL AREA*
DATA
SOURCE
Hydric Soils, Soil Survey of Kitsap County
Area, Washington
U.S. Department of Agriculture,
Soil Conservation Service
Aquifers
Critical Aquifer Recharge Areas
Kitsap PUD #1
Aquifer Recharge Areas of Concern
Kitsap PUD #1
Principal Aquifers
Kitsap PUD #1
Permeable Soils, Soil Survey of Kitsap
County Area, Washington
U.S. Department of Agriculture,
Soil Conservation Service
Fish and Wildlife Habitat
Conservation Areas
[almonscape database
State Department of Fish and
Wildlife
Current version of WDFW's Priority
Habitats and Species List and Maps.
State Department of Fish and
Wildlife
State Department of Fish and
Wildlife
Commercial and Recreational Shellfish
Area Inventory
State Department of Health
Waters of the State
State Department of Natural
Resources
Coastal Zone Atlas of Washington, Vol.
Ten
State Department of Ecology
Frequently Flooded Areas
Flood Insurance Rate Map
Federal Emergency Management
Agency
Geologically Hazardous
Areas
Coastal Zone Atlas of Washington, Vol.
Ten
State Department of Ecology
Jerald Deeter, 1979
Quaternary Geology and Stratigraphy of
Kitsap County
U.S. Department of Agriculture,
Soil Conservation Service
Soil Survey of Kitsap County Area,
Washington
Attachment D —Site Development Figures
Percent Slope carruJadon
,e is rokulaied by drviding the vertical durance
ie hordonta) durance, Men Mu4hi ing rlae
It by )00. Example:
cru(Al R+itarwe of fCGL_ _ = . % i00 = 2074 4lope
iwntal 66tarme of 100 faet
batvack
lint
ctcrmirem by
Mope height or
gtptaGhnie;l�l
ropo rL
The 25 fool minimum vegetated baffer
andbuilding rerbac,k far slopes over JV4 $uild;rrg
lerhacII a e &termrned by the slope heighl or
informarron from a geolecheirral report
*-kyrof y ly"z wo A4 wg
Attachment E — City of Port Orchard Critical Area and Buffer Notice
Return Address:
CITY OF PORT ORCHARD
CRITICAL AREA AND BUFFER NOTICE
Legal Description Sec: TWN: RGE:
Present Owner (Please Print):
Tax Account #:
NOTICE: The subject property contains a critical area and/or its buffer as defined by the City of Port
Orchard as Critical Area Ordinance. The property was the subject of a development proposal for
, filed on
(type of permit) (application)
Restrictions on use or alteration of the critical area and/or its buffer may exist due to natural conditions
of the property and resulting regulations. Review of such application has provided information on the
location of the critical area and/or its buffer and restrictions on their use through setback areas. A copy
of the plan showing such setback areas is included in the above -referenced permit file. Any alterations
to the critical area and/or its buffer shall be subject to further review for compliance with the City of
Port Orchard Critical Areas Ordinance.
EXECUTED this day of
STATE OF WASHINGTON )
COUNTY OF KITSAP )
On this day personally appeared before me , to me known to be the
individual(s) described in and who executed the within and foregoing instrument, and acknowledged
that they signed the same as their free and voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal the day of ,
NOTARY PUBLIC in and for the State of Washington,
RESIDING AT
Notary Seal
KITSAP COUNTY
SHALLOW PRINCIPAL AQUIFER LISTING
The following is a list of shallow principal aquifers that have been designated by an overlay as "Aquifer
Recharge Areas of Concern."
Approximate
Elevations
Og1a
Hansville
+250
Gorst
+50
North Lake (McCormick Woods)
+350
Port Gamble
+100
Og2
Island Lake (upper) +150
Port Gamble South -50
Wilson Creek +150
Og3
Banger(upper)
+100
Clam Bay
0
Edgewater
+130
Island Lake
+150
Kinston (upper)
-25
Poulsbo
+225
Manette-Bremerton North
0
Seabeck
+100
Squamish-Miller Bay
0
Yukon
0
(Ord. 019-17 § 18 (Exh. 1)).
Chapter 20.162
CRITICAL AREAS REGULATIONS
Sections:
Article I. Critical Areas
20.162.010
Title.
20.162.012
Purpose.
20.162.014
Applicability.
20.162.016
Relationship to other regulations.
20.162.018
Inventory provisions.
20.162.020
Administration — Generally.
20.162.022
Application requirements —Generally.
20.162.024
Application requirements —Mitigation sequencing.
20.162.026
Application requirements —Review criteria.
20.162.028
Bonds.
20.162.030
Notice to title.
20.162.032
Exemptions.
20.162.034
Exceptions.
20.162.036
Variances.
20.162.038
Nonconforming — Existing structures.
20.162.040
Enforcement — Violation — Penalty.
20.162.042
Liability.
Article II. Definitions
20.162.044 Definitions —Generally.
Article III. Wetlands
20.162.046
Purpose.
20.162.048
Wetland categories.
20.162.050
Exempt wetlands.
20.162.052
Development standards.
20.162.054
Regulated uses and activities.
20.162.056
Additional development standards for regulated uses.
20.162.058
Application requirements.
20.162.060
Determination of wetland boundaries.
20.162.062 Wetland mitigation requirements.
20.162.064 Incentives for wetlands protection.
Article IV. Fish and Wildlife Habitat Conservation Areas
20.162.068 Purpose.
20.162.070 Fish and wildlife habitat conservation area categories classification.
20.162.072 Development standards.
Article V. Geologically Hazardous Areas
20.162.074 Purpose.
20.162.076 Geologically hazardous area categories.
20.162.078 Development standards.
Article VI. Frequently Flooded Areas
20.162.080 Purpose and reauirements.
Article VII. Critical Aquifer Recharge Areas
20.162.082 Purpose.
20.162.084 Critical aquifer recharge area categories.
20.162.086 Development standards.
Article VIII. Special Reports
20.162.088 Purpose.
20.162.090 When required.
20.162.092 Special reports — Responsibility for completion.
20.162.094 Qualifications of professionals.
20.162.096 Wetland report/wetland mitigation plan.
20.162.098 Habitat management plan content.
20.162.100 Geotechnical report contents.
20.162.102 Hydrogeological report content.
Article XII. Mitigation Requirements
Article XIII. Attachments
20.162.106 Attachments.
20.162.010 Title.
This chapter shall be known and may be cited as the city of Port Orchard's "critical areas ordinance" or
"CAO." (Ord. 019-17 § 18 (Exh. 1)).
20.162.012 Purpose.
The purpose of this chapter is to implement the goals, policies, guidelines, and requirements of the city's
comprehensive plan and the Washington State Growth Management Act to protect critical areas, the
environment, human life, and property from harm and degradation in accordance with the Growth
Management Act through the application of best available science, as determined according to WAC
365-195-900 through 365-195-925 and RCW 36.70A.172, and in consultation with state and federal
agencies and other qualified professionals. (Ord. 019-17 § 18 (Exh. 1)).
20.162.014 Applicability.
Except as provided for otherwise herein, the provisions of this chapter shall apply to all persons and
agencies, public or private, engaging in land uses, building, and/or development activity in the city of
Port Orchard that requires city approval. (Ord. 019-17 § 18 (Exh. 1)).
1) Critical Areas Review. All development in critical areas and their buffers, whether on public or
private property, shall comply with the requirements of this chapter. The critical areas ordinance
applies to all uses and activities within areas or adiacent areas desienated as regulated critical areas
and/or their buffers that are within 300 feet of a site unless identified as exempt in Section
20.162.032. Reeulated uses and activities include. but not limited to:
(a) Removing, excavating, disturbing, or dredging soil, sand, gravel, minerals, organic matter, or
materials of any kind;
(b) Dumping, discharging, or filling with any material;
(c) Draining, flooding, or disturbing the water level or water table;
(d) Driving pilings or placing obstructions;
(e) Constructing, demolishing, or altering the size of any structure or infrastructure that results in
disturbance of a critical area or the addition of any impervious surface coverage to a site that results
in disturbance of a critical area;
(f) Destroying or altering vegetation through clearing, grading, harvesting, shading, or planting
vegetation that would alter the character of a critical area;
(g) Activities that result in significant changes in water temperature and physical or chemical
characteristics of water sources. includine auantitv and pollutants: and
(h) Any other activity that has a potential to significantly adversely impact or alter a critical area or
established buffer not otherwise exempt from the provisions of this chanter.
20.162.016 Relationship to other regulations.
(1) Nothing in this chapter in any way limits, or may be construed to limit, the authority of the city under
any other applicable law, nor in any way decreases the responsibility of the applicant to comply with all
other applicable local, state, and federal laws and regulations.
(2) These critical areas regulations shall apply as an overlay and in addition to land use, development,
building, and other regulations adopted by the city.
(3) When any provision of any other chapter of the POMC conflicts with this chapter or when the
provisions of this chapter are in conflict, that provision which provides more protection to
environmentally critical areas shall apply unless specifically provided otherwise in this chapter or unless
such provision conflicts with federal or state laws or regulations.
(4) Compliance with the provisions of this chapter does not constitute compliance with other federal,
state, and local regulations and permit requirements that may be required. The applicant is responsible
for complying with these requirements, apart from the regulations established in this chapter.
(5) Where critical areas occur within the city's shoreline jurisdiction as established by the city's shoreline
master program (Chapter 20.164 POMC), they are regulated under the regulations and provisions of the
shoreline master program. (Ord. 019-17 § 18 (Exh. 1)).
20.162.018 Inventory provisions.
(1) The approximate location and extent of mapped critical areas within the city are shown on the maps
adopted as part of this chapter, and incorporated herein by this reference. These maps shall be used
only as a general guide for the assistance of the department and the public; for a specific development
or use proposal, the type, extent and boundaries shall be determined in the field by a qualified specialist
or staff person according to the requirements of this chapter. In the event of a conflict between a critical
area location shown on the city's maps and that of an on -site determination, the on -site determination
shall apply.
(2) Future Inventory Provisions. The city will review map inventory information of all critical areas as it
becomes available or on an annual basis. Mapping will include critical areas that are identified through
site -specific analysis by local, state and federal agencies, tribal governments, site -specific environmental
reports and other sources. (Ord. 019-17 § 18 (Exh. 1)).
20.162.020 Administration — Generally.
(1) The director, or his/her authorized designee, shall administer and interpret the provisions of this
chapter, except as otherwise specifically provided. The director shall determine whether building,
development, platting, or alteration of vegetation, trees, or habitat is subject to this chapter. The
director may also consult with other city departments and state and federal agencies as necessary to
obtain additional technical and environmental review assistance. The director is authorized to adopt
such administrative rules and regulations as are necessary and appropriate to implement the provisions
of this chapter.
(2) This chapter is to be administered with flexibility and attention to site -specific characteristics. It is
not the intent of this chapter to make a parcel of property unusable by denying its owner reasonable
economic use of the property nor to prevent the provision of public facilities and services necessary to
support existing development.
(3) The approvals granted under this chapter shall be valid for the same time period as the underlying
permit (e.g., preliminary plat, building permit, etc.). If the underlying permit does not contain a specified
expiration date, then approvals granted under this chapter shall be valid for a period of three years from
the date of issue, unless a longer or shorter period is specified by the director.
(4) If an activity is subject to this chapter but is not subject to any established city permit or approval,
the proponent shall obtain written authorization from the director prior to commencement to ensure
compliance with this chapter. Such authorization shall be processed as a Type I land use decision
pursuant to Chapter 20.22 POMC.
(5) Nothing in this chapter in any way limits, or may be construed to limit, the authority of the city under
any other applicable law, nor in any way decreases the responsibility of the applicant to comply with all
other applicable local, state, and federal laws and regulations. (Ord. 019-17 § 18 (Exh. 1)).
20.162.022 Application requirements — Generally.
(1) Where not otherwise required, all applicants are encouraged to meet with the department prior to
submitting an application subject to this title. The purpose of this meeting is to discuss the city's zoning
and applicable critical area requirements, to review any conceptual site plans prepared by the applicant
and to identify potential impacts and mitigation measures. Such conference shall be for the convenience
of the applicant and any recommendations shall not be binding on the applicant or the city.
(2) To expedite the City permit review process, the community development department shall be the
lead agenefdepartment on all work related to critical areas. Development may be prohibited in a
proposed development site based on criteria set forth in this chapter; the applicant should first
determine whether this is the case before applying for permits from the department.
(3) Application for development proposals, reasonable use exceptions, or variances regulated by this
chapter, or for review of special environmental reports, shall be made with the department by the
property owner, lessee, contract purchaser, other person entitled to possession of the property, or by
an authorized agent.
(4) All site plan applications for development proposals subject to this chapter shall include a site plan
drawn to scale identifying locations of critical areas and any associated buffers, location of proposed
structures and activities, including clearing and grading and general topographic information as required
by the department. If the department determines that additional critical areas are found on the subject
property, the applicant shall amend the site plan to identify the location of the critical area.
(5) A fee in an amount established by the city's fee schedule shall be paid at the time an application for a
permit relating to a critical area or a special report review is filed. (Ord. 019-17 § 18 (Exh. 1)).
(6) Application Procedures for regulated uses and activities. Any regulated use or activities containing a
regulated critical area or its buffer, or within 300 feet of a critical area, shall provide the any applicable
special reports, as defined in Article VIII and required by the department, prior to any development
authorization by the city. If an environmentally sensitive area is within 300 feet of the parcel but not on
the parcel, every effort should be made to obtain the required information. The department may
require additional reports or information to further identify potential impacts to any part of the
environment which may include the following:
(a) Erosion and sedimentation control measures and/or a stormwater or land disturbine activity
17 § 18
20.162.024 Application requirements — Mitigation sequencing:
(1) Mitigation sequencing. Applicants shall demonstrate that all reasonable efforts have been examined
with the intent to avoid and minimize impacts to critical areas. When alteration to a critical area or
modification to its buffer is proposed, such alteration shall be avoided, minimized, or compensated in
the following order of preference:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by
using appropriate technology or by taking affirmative steps, such as project redesign, relocation, or
timing, to avoid or reduce impacts;
(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment to the
conditions existing at the time of the initiation of the project;
(d) Reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the action;
(e) Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments; and
(f) Monitoring the impact and the compensation project and taking appropriate corrective measures
when necessary. Monitoring shall occur for a minimum of five years, or until the department
determines that the mitigation project has achieved success. Certain types of habitat communities
require additional time for establishment and may require monitoring for 10 or more years
depending on the site -specific circumstances and the scope of the mitigation project.
(2) Mitigation measures may be required to address potential impacts that are identified through the
sequencing listed above. Mitigation shall be consistent with the requirements of Article vim" of this
chapter. (Ord. 019-17 § 18 (Exh. 1)).
20.162.026 General mitigation requirements.
Unless otherwise provided in this chapter, if alteration to a critical area or its buffer is unavoidableall
adverse impacts resulting from a development proposal or alteration shall be mitigated using the best
available science so as to result in no net loss of critical area functions and values, as provided below.
1) In making a determination as to whether such a requirement will be imposed, and if so, the degree
to which it would be required, the director shall consider the following:
a) The long-term and short-term effects of the action and the reversible or irreversible nature of
the impairment to or loss of the critical
area-
b) The location, size, and type of and benefit provided by the original and altered critical area:
c) The effect the proposed work may have upon anv remaining critical area or associated aauatic
system,
d) The cost and likely success of the compensation measures in relation to the magnitude of the
proposed projector violation: kk
(e) The observed or predicted trend with regard to the gains or losses of the specific type of critical
area; and
f) The extent to which the applicant has demonstrated a good faith effort to incorporate measures
to minimize and avoid impacts within the project.
k 'IqV
2) Mitigation projects shall not result in adverse impacts to adjacent property owners.
3) Mitigation shall be in kind and on site, when possible. and sufficient to maintain the functions and
values of the critical area.
4) Mitigation shall not be implemented until after permit approval of the director and shall be in
accordance with all reports and representations made therein.
(5) Mitigation Sequencing. When an alteration to a critical area or its buffer is proposed, an applicant
shall sufficiently demonstrate mitigation seauencing as defined in POMC 20.162.024 .
6) Mitigation for Lost or Affected Functions. Compensatory mitigation shall address the functions
affected by the proposed project or alteration to achieve functional equivalency or improvement and
shall provide similar critical area or buffer functions as those lost, except when.
a) The lost critical area or buffer provides minimal functions as determined by a site -specific
functional assessment, and the proposed compensatory mitigation action(s) will provide equal or
greater functions or will provide functions shown to be limiting within a watershed through the
appropriate analysis; or
b Out of kind replacement of critical area type or functions will best meet watershed goals formall
identified by the city, such as replacement of historically diminished critical areas.
(7) Type and Location of Mitigation. Unless it is demonstrated that a higher level of ecological
functioning would result from an alternative approach or required under Article III of this chapter,
compensatory mitigation for ecological functions shall be either in kind and on site, or in kind and within
the same subbasin, basin, or watershed. Mitigation actions shall be conducted within the same sub -
drainage basin and on the site of the alteration except when all of the following apply:
a) There are no reasonable on -site or in subdrainaee basin opportunities (e.g., on -site options
would require elimination of high functioning upland habitat). or on -site and in subdrainaee basin
opportunities do not have a high likelihood of success based on a determination of the natural
capacity of the site to compensate for impacts. Considerations should include: anticipated
mitigation ratios for the identified critical area(s), buffer conditions and proposed widthsavailable
water to maintain anticipated hydrogeomorphic classes of wetlands, or streams when restored.
proposed flood storage capacity. potential to mitigate riparian fish and wildlife impacts (such as
connectivity): ,
b) Off -site mitigation has a greater likelihood of providing equal or improved critical area functions
than the impacted critical areas and
c Off -site locations shall be in the same sub -drainage basin unARss established watershed oafs for
water quality, flood storage or conveyance. habitat. or other flwtions have been established by the
city and strongly justify location of mitigation at another site.
(8) Mitigation Banks.
(a) Credits from a mitigation bank may be approved for use as compensation for unavoidable
impacts to critical areas when:
i) The bank is certified under state rules:
The director determines that the mitigation bank provides appropriate compensation for the
authorized impacts; and
(iii) The proposed use of credits shall be consistent with terms and conditions of the bank's
certification.
b) Replacement ratios for projects using bank credits shall be consistent with replacement ratios
specified in the bank's certification.
(c) Credits from a certified mitigation bank may be used to compensate for impacts located within
the service area specified in the bank's certification. In some cases, the service area of the bank may
include portions of more than one adjacent drainage basin for specific habitat functions.
(9) In -Lieu Fee. To aid in the implementation of off -site mitigation, the city may develop a program
which prioritizes critical areas for use as mitigation and/or allows payment in lieu of providing mitigation
on a development site. This program shall be developed and approved through a public process and be
consistent with state and federal rules. The program should address.
(a) The identification of sites within the city that are suitable for use as off -site mitigation. Site
suitability shall take into account critical area functions, potential for critical area degradation, and
potential for urban growth and service expansion, and
b) The use of fees for mitigation on available sites that have been identified as suitable and
prioritized.
10) Timing of Compensatory Mitigation. It is preferred that compensation projects will be completed
prior to activities that will disturb the on -site critical area. If not completed prior to disturbance,
compensatory mitigation shall be completed immediately following the disturbance and prior to the
issuance of final certificate of occupancy. Construction of mitigation projects shall be timed to reduce
impacts to exjstjng fisheries, wildlife, and flora. The director may authorize a one-time temporary delay
in completing construction or installation of the compensatory mitigation when the applicant provides a
written explanation from a qualified professional as to the rationale for the delay (i.e., seasonal planting
requirements, fisheries window). k I&,, bil
(11) Critical Area Enhancement as Mitigation. Impacts to critical area functions may be mitigated by
enhancement of existing significantly degraded critical areas, but should be used in conjunction with
restoration and/or creation where possible. Applicants proposing to enhance critical areas or their
buffers must include in a report how the enhancement will increase the functions of the degraded
critical area or buffer and how this increase will adequately mitigate for the loss of critical area and
function at the impact site. An enhancement proposal must also show whether any existing critical area
functions will be reduced by the enhancement action. (Ord. 019-17 § 18 (Exh. 1)).
20.162.028 Application requirements — Review criteria.
(1) Applications for any development proposal subject to the critical areas ordinance shall be reviewed
by the director or designee for completeness and consistency or inconsistency with this chapter.
(2) The director may withhold, condition, or deny land use, building, and/or development permits or
activity approvals to ensure that the proposed action is consistent with this chapter. In evaluating a
request for a development proposal regulated by this chapter, it shall be the responsibility of the
director to determine the following:
(a) The nature and type of critical area and the adequacy of any special reports required in
applicable sections of this chapter;
(b) Whether the development proposal is consistent with this chapter, by granting, denying, or
conditioning projects;
(c) Whether proposed alterations to critical areas are appropriate under the standards contained in
this chapter, or whether it is necessary for the applicant to seek a variance or other exception; and
(d) If the protection mechanisms and the mitigation and monitoring plans and bonding measures
proposed by the applicant are sufficient to protect the public health, safety and welfare consistent
with the purpose and regulations contained in this chapter, and if so, condition the permit or
approval accordingly.
(3) At every stage of the application process, the burden of demonstrating that any proposed
development is consistent with this chapter is upon the applicant. (Ord. 019-17 § 18 (Exh. 1)).
20.162.AU030 Bonds.
(1) All bonds and acceptable securities guaranteeing compliance with this chapter shall be set in the
amount of 150 percent of the average expected value of the project. The value of the bond shall be
based on the engineer's estimate of the subject work. If the applicant and director do not agree to the
engineer's estimate, then the bond shall be based on the average of three contract bids that establish all
costs of compensation, including costs relative to performance, monitoring, maintenance, and provision
for contingency plans.
(2) Performance Bonds. Except for public agencies, applicants receiving a land use, development, or
building permit or approval subject to the provisions of this chapter are required to post a cash
performance bond or other acceptable security to guarantee compliance with this chapter prior to
beginning any site work. The surety shall guarantee that work and materials used in construction are
free from defects. All bonds shall be approved by the city attorney. The surety or bonds cannot be
terminated or canceled without written approval. The director shall release the bond after documented
proof that all structures and improvements have been shown to meet the requirements of this chapter
and that a maintenance bond has been posted, if required.
(3) Maintenance Bonds. Except for public agencies, an applicant shall be required to post a cash
maintenance bond or other acceptable security guaranteeing that structures and improvements
required by this chapter will perform satisfactorily for a minimum of three years after they have been
constructed and approved. All bonds shall be on a form approved by the city attorney. Without written
release, the bond cannot be canceled or terminated. The director shall release the bond after
determination that the performance standards established for measuring the effectiveness and success
of the project have been met. (Ord. 019-17 § 18 (Exh. 1)).
20.162.QW032 Notice to title.
The director shall require an applicant to file a "critical area and buffer notice to title" on a form
approved by the city with the Kitsap County auditor for all properties included in land use and
development proposals subject to the provisions of this chapter and containing critical areas and/or
their buffers. Such notice shall be a covenant that runs with the land in perpetuity and include
identification of the boundaries of the critical areas and/or their buffers and any permanent conditions
imposed by the city. The covenant shall be recorded prior to the issuance of any permit or at the time a
short plat or final plat is recorded. This notice shall serve as an official notice to subsequent landowners
that the land owner is responsible for complying with existing conditions for development or use as
established by this chapter and any city, state, or federal permits or other approvals, and shall accept
sole responsibility for any risk associated with the land's identified critical area. (Ord. 019-17 § 18 (Exh.
1)).
20.162.0-3-2034 Exemptions.
(1) An exemption means that an activity is fully exempt from critical areas review and not subject to the
provisions of this chapter. An exemption from this chapter is not an endorsement to degrade a critical
area; ignore risk from natural hazards; or otherwise limit the ability of the director to identify and abate
such actions that may cause degradation to a critical area. All exempted activities shall use best
management practices to the greatest possible extent to avoid potential impacts to critical areas. Any
incidental damage to, or alteration of, a critical area or its buffer that is not a necessary and unavoidable
outcome of the exempted activity shall be mitigated through restoration, rehabilitation and/or
replacement at the responsible party's expense.
(2) The proponent of the activity ngayshall submit a written request for exemption to the director that
describes the activity and states the exemption listed in this section that applies. The director shall
review the request to verify that it complies with this chapter and approve or deny the exemption as a
Type I administrative determination pursuant to Chapter 20.22 POMC.
(3) The following land use, development, building activities, and associated uses shall be exempt:
(a) Emergencies. Emergency activities are those activities necessary to prevent an immediate threat
to public health, safety, or welfare, or that pose an immediate risk of damage to property and that
require remedial or preventative action in a short time frame. The person or agency undertaking
such action shall notify the city and the director shall determine if the action taken is within the
scope of the emergency action allowed in this section. After the emergency, the person or agency
shall fully restore and/or mitigate any impacts to the critical areas and buffers resulting from the
action in accordance with an approved critical area report and mitigation plan.
(b) Operation Maintenance or Repair. Operation maintenance or repair of existing structures not
requiring permits or city approval, only if the activity does not further alter or increase the impact to
critical areas or their buffers.
(c) Passive Outdoor Activities. Recreation, education, and scientific research activities that do not
degrade the critical area.
(d) Forest Practices. Forest practices regulated and conducted in accordance with the provisions of
Chapter 76.09 RCW and forest practices regulations, WAC Title 222. When a proposed forest activity
has been classified as a Class IV forest practice for a conversion of forest land to another use, or
when a forest activity requiring a forest practices application is located within the city's urban
growth area, it shall be subject to the regulations and provisions of this chapter.
(e) Existing Infrastructure Maintenance and Repair. Maintenance, operation, repair, or replacement
of legally existing roads, utilities, infrastructure, and associated fa,�'�es.structures; provided that
reconstruction of any such structures does not extend outside of any designated easement or right-
of-way. Any existing infrastructure maintenance or repair that expands outside of the existing
improved area is subject to the mitigation sequencing requirements of this chapter.
(f) Activities within an odd or improved Right -of -Way. Construction of new utility facilities,
improvements, or upgrades to existing utility facilities that take place within existing improved
rights -of -way or existing impervious surfaces that do not increase the amount of impervious surface.
(Ord. 019-17 § 18 (Exh. 1)).
(g) Activities within an improved City Park. Construction of new utility facilities, improvements, or
upgrades to existing utility facilities that take place within existing improved rights -of -way or
existing substantially developed areas that do not increase the amount of impervious surface or
substantially developed areas.
(h) Activities within an developed public school facilities and grounds.
}i. Maintenance of an existing golf course provided that work is not performed to expand the course,
driving range boundary, or substantially developed areas
i. Normal maintenance, and reconstruction of structures; provided, that reconstruction may not
extend beyond existing footprint.
k. Noxious and Invasive species removal and maintenance. provided the followine a
(i) Undertaken by manual methods, including handheld mechanical tools and integrated pest
management practices;
(ii) Vegetation removed appears on the current Washington State Noxious Weed Control Board list
and must be handled and disposed of in accordance with the best management practices
appropriate for that species and approved by the City;
(iii) Noxious and invasive vegetation removal and maintenance is limited to wetland buffers and
riparian management zones only;
(iv) An approved supplemental planting plan shall be implemented upon completion of any
vegetation removal and shall be monitored according to the monitoring requirements outlined in
this Chapter.
(1) Removal of hazardous tree(s) can be completed under the following conditions:
(i) Requires a qualified arborist to evaluate the tree(s) and submit a request for hazardous tree
removal;
(ii) The request includes removal methods to avoid and minimize damage to adjacent trees and
other vegetation;
(iv) The request adequately demonstrates no adverse impacts will occur to the critical area or
associated buffer and/or riparian management zone.
20.162.0-34036 Exceptions.
An exception means that an activity is subject to the provisions of this chapter and must undergo full
critical areas review but may receive special consideration and relief from certain provisions of this
chapter. Exceptions applications must address mitigation sequencing. The following are identified
exceptions to the provisions of this chapter:
(1) Public Agencies. Public agencies may make an application for exception to the director for
construction of items such as new roads, utilities, infrastructure, buildings, and associated facilities. The
application shall include critical area identification; a critical area report, including a mitigation plan if
necessary; and any other related project documents such as environmental documents pursuant to
SEPA, Chapter 43.21C RCW. The decision whether to grant the public agency utility exception from
provisions of this chapter shall be processed as a Type Mll land use decision per Chapter 20.22 POMC
pursuant to the following review criteria:
(a) There is no other practical alternative to the proposed development with less impact on the
critical areas; and
(b) The application of this chapter would unreasonably restrict the ability to provide services to the
public.
(c) The application attempts to protect and mitigate impacts to the critical area functions and values
consistent with best available science: and
(d) the application is consistent with other applicable regulations and standards of this chapter.
(2) Reasonable Use. An applicant may apply for a reasonable use exception if it can be demonstrated
that application of this chapter would deny all reasonable use of the subject property. The application
shall include critical areas identification; a critical areas report including a mitigation plan, if necessary;
and any other related project documents such as environmental documents and special studies. The
decision whether to grant the reasonable use exception shall be processed as a Type III land use decision
per Chapter 20.22 POMC pursuant to the following review criteria:
(a) The application of this chapter would deny all reasonable use of the property;
(b) No other reasonable use of the property has less impact on the critical area;
(c) Any alteration is the minimum necessary to allow for reasonable use of the property; and
(d) The inability of the applicant to derive reasonable use of the property is not the result of actions
by the applicant after the effective date of this chapter or its predecessor. (Ord. 019-17 § 18 (Exh.
1)).
20.162.0"038 Critical Areas Variances.
(1) Except when application of this chapter would deny all reasonable use of the property, an applicant
who seeks an exception from the standards and requirements of the CAO shall pursue relief by means of
a critical areas variance as provided for in this section.
(2) A variance in the application of the regulations, standards, or use prohibitions of this chapter to a
particular property may be granted by the director when it can be shown that the application meets all
of the following criteria:
(a) Because of special circumstances applicable to the subject property, including size, shape, or
topography, the strict application of this chapter is found to deprive subject property of rights and
Privileges enjoyed by other properties in the vicinity; provided, however, the fact that those
surrounding properties have been developed under regulations in force prior to the adoption of this
chapter shall not be the sole basis for the granting of a variance;
(b) The special circumstances referred to in subsection (2)(a) of this section are not the result of the
actions of the current or previous owner(s);
(c) The granting of the variance will not result in substantial detrimental impacts to the critical area,
public welfare or injurious to the property or improvements in the vicinity and area in which the
property is situated or contrary to the goals, policies and purpose of this chapter;
(d) The granting of the variance is the minimum necessary to accommodate the permitted use;
(e) No other practicable or reasonable alternative exists; and
(f) Mitigation sequencing as defined in this chapter shall be demonstrated to show that all
reasonable efforts have been examined with the intent to avoid and minimize impacts to critical
areas.
(3) A variance application under this chapter shall be processed as a Type III land use decision pursuant
to Chapter 20.22 POMC.
(4) Requests for variances shall include the requirements of Articles VIII and IX of this chapter regarding
critical areas reports and habitat plans, as applicable to the proposed activity or use.
(5) The department shall review variances based on the criteria and standards referenced in this chapter
and the procedures in Subtitle 11 of this title, Permitting and Development Approval.
(b) The prepesed utility activity does not pose an unreasenable threat te the Public health, safety er
y.feifPre eff thp d, vel pment preposarsite; a,,a
(7) The applicant for a variance is responsible for complying with all state and federal regulations that
may apply to the proposed activity, whether or not a variance for CAO requirements is granted by the
city. State and federal permits will be required for certain activities in critical areas, including but not
limited to in -water or wetland work. All other relevant city permit and regulatory requirements shall
also be met for the proposed activity. (Ord. 019-17 § 18 (Exh. 1)).
20.162.0390340 Nonconforming - Existing structures.
(1) Existing Structures. StFUCtWes in existeRGe OR the P-1-ate the e.rdinance codified in this chapte-r
1,4Existing development within a property that containing a critical area which was lawfully constructed,
approved or established prior to the effective date of the ordinance codified in this chapter, but which
does not conform to present regulations or standards, may continue as follows:
(1) Existing Structures. A legally established structure that has been made nonconforming due to the
adoption of this ordinance may be remodeled or reconstructed so long as all of the following provisions
are met:
(a) The remodel or reconstruction shall not introduce any new, or expand existing, impacts to a
critical area unless such impacts are fully mitigated as required under POMC 20.162.024; and
(b) All other standards and requirements contained in the Port Orchard Municipal Code are met.
(2) Where mitigation is required in subsection (1)(a) of this section, the applicant shall provide
mitigation measures to reduce historic impacts on the critical area.
L3) Where projects have been permitted (and the permits have not expired) or constructed with
conditions to protect critical areas under previous protection policies in effect prior to the adoption of
this chapter, those conditions will apply unless and until an alteration, expansion or other change in
development or use will result in a detrimental impact to a critical area or its buffer. The provisions of
this chapter shall also apply in cases where the department determines, based on review of current
information, that the prior conditions will result in a detrimental impact to a critical area or its buffer.
(Ord. 019-17 § 18 (Exh. 1)).
20.162.049042 Enforcement — Violation — Penalty.
(1) Enforcement —Violation.
(a) No regulated activity under this chapter shall be conducted without a permit or written approval
and without full compliance with this chapter. All activities not allowed or conditionally approved
shall be prohibited.
(b) The director shall have authority to enforce this chapter, issue delineation verifications, permits,
and violation notices, and process violations through the use of administrative orders and/or civil
and criminal actions as provided for herein, and as provided for in Chapter 2.64 POMC.
(c) In the event of violation, the city shall have the authority to order restoration, enhancement, or
creation measures to compensate for the destroyed or degraded critical area. All development work
shall remain stopped until a restoration plan is prepared at the expense of the owner or violator and
approved by the city. The plan shall be prepared by a qualified professional using the best available
science and shall describe how the actions proposed meet the minimum requirements described in
this chapter. The director may, at the owner or violator's expense, seek expert advice in determining
the adequacy of the plan. Inadequate plans shall be returned to the owner or violator for revision
and resubmittal. If work is not completed in a reasonable time following the order, the city may
implement a process to restore or enhance the affected site. This includes creation of new wetlands
or streams to offset loss as a result of violation of the provisions in this chapter. The violator shall be
liable for all costs of such action, including administrative costs.
(d) The enforcement provisions of this chapter apply to all activities exempted under this chapter.
The director's determination that a violation exists is not limited by determinations made by other
city agencies or public agencies.
(e) Failure to comply with an administrative order of the director under this chapter shall constitute
a violation subject to enforcement pursuant to this chapter and/or Chapter 2.64 POMC.
(3) Penalties.
(a) Any violation of any provision of this chapter constitutes a public nuisance civil violation under
Chapter 2.64 POW for which a monetary penalty may be assessed and abatement and/or
enforcement may be required as provided therein.
(b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any
person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to
Chapter 2.64 POMC. Each day, or a portion thereof, during which a violation occurs shall constitute a
separate violation.
(4) Imminent and Substantial Dangers. Notwithstanding any provisions of these regulations, the director
may take immediate action to prevent an imminent and substantial danger to the public health, welfare,
safety or the environment by the violation of any provision of this chapter.
(5) Other Legal or Equitable Relief. Notwithstanding the existence or use of any other remedy, the
director may seek legal or equitable relief to enjoin any acts or practices or abate any conditions which
constitute or will constitute a violation of the provisions of the critical areas ordinance. (Ord. 019-17
§ 18 (Exh. 1)).
20.162.042044 Liability.
(1) The city is not liable for any damage resulting from land use, building, or development activities
within environmentally critical areas. Prior to issuance of any land use, building, and/or development
permit or approval, the applicant may be required to enter into an agreement with the city, in a form
acceptable to the city attorney, releasing and indemnifying the city from and for any damage or liability
resulting from any development activity on the subject property that is related to the physical condition
of the critical area. This agreement shall be recorded with the Kitsap County recorder's office at the
applicant's expense and shall run with the property.
(2) The city may also require the applicant to obtain insurance coverage for damage to city or private
property and/or city liability related to any such development activity. (Ord. 019-17 § 18 (Exh. 1)).
20.162.044046 Definitions —Generally.
All words used in this chapter shall have their common definition, as used in context, unless a specific
definition is set forth herein. The definitions set forth in this chapter shall control, followed by
definitions in Chapter 20.12 POMC, and then the common definition.
Adjacent. For the purpose of the critical areas ordinance, "adjacent" is defined as the area within 300
feet of a critical area.
"Agricultural practices" means activities related to vegetation and soil management, such as tilling of
soil, control of weeds, control of plant diseases and insect pests, soil maintenance and fertilization as
well as animal husbandry.
"Alteration" means any human -induced action that changes the existing condition of a critical area.
Alterations include but are not limited to grading; filling; grubbing; dredging; draining; channelizing;
cutting; pruning; limbing or topping; clearing, relocating or removing vegetation, except noxious weeds
identified by the Washington Department of Agriculture or the Kitsap County cooperative extension;
applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants, excepting
stormwater; grazing domestic animals; paving; construction; application of gravel; modifying for surface
water management purposes; or any other human activity that changes the existing vegetation,
hydrology, wildlife or wildlife habitat. Alteration does not include walking, passive recreation, fishing or
other similar activities.
"Anadromous fish" means fish whose life cycle includes time spent in both fresh and salt water.
"Aquaculture practices" means the harvest, culture or farming of food fish, shellfish, or other aquatic
plants and animals including fisheries enhancement and the mechanical harvesting of shellfish and
hatchery culture.
"Aquifer" means a saturated body of rock, sand, gravel or other geologic material that is capable of
storing, transmitting and yielding water to a well.
"Aquifer recharge" means the process by which water is added to an aquifer. It may occur naturally by
the percolation (infiltration) of surface water, precipitation, or snowmelt from the ground surface to a
depth where the earth materials are saturated with water. The aquifer recharge can be augmented by
"artificial" means through the addition of surface water (e.g., land application of wastewater or
stormwater) or by the injection of water into the underground environment (e.g., drainfields and
drywells).
"Aquifer recharge area" means those areas overlying aquifer(s) where natural or artificial sources of
water can move downward to an aquifer(s).
"Aquifer susceptibility" means the ability of the natural system to transmit contaminants to and through
the groundwater system.
"Aquifer vulnerability" means the likelihood that the natural system will transmit contaminants to and
through a groundwater system, based on natural geological and hydrogeological characteristics and land
use practices.
"Bank stabilization" means lake or stream modification including vegetation enhancement, used for the
purpose of retarding erosion, protecting channels, and retaining uplands.
"Bench (geologic)" means a relatively flat and wide landform along a valley wall.
"Best available science" means scientifically valid information in accordance with WAC 365-195-905, as
now or hereafter amended, that is used to develop and implement critical areas policies or regulations.
"Best management practices" means conservation practices (physical, structural and/or managerial) or
systems of practices and management measures that:
(1) Control soil loss and reduce water quality degradation caused by nutrients, pathogens, bacteria, toxic
substances, pesticides, oil and grease, and sediment; and
(2) Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the
chemical, physical, and biological characteristics of critical areas.
"Bog" means a low -nutrient, acidic wetland with organic soils and characteristic bog plants, as described
in Washington State Wetland Rating System for Western Washington: 2014 Update (Washington State
Department of Ecology Publication No. 14-06-29, Olympia, WA, October 2014).
"Candidate species (state listed)" means species under review by the Department of Fish and Wildlife
for possible listing as endangered, threatened or sensitive. A species will be considered for state
candidate designation if sufficient scientific evidence suggests that its status may meet criteria defined
for endangered, threatened, or sensitive in WAC 232-12-297. Currently listed state threatened or state
sensitive species may also be designated as a state candidate species if their status is in question. State
candidate species will be managed by the Department of Fish and Wildlife, as needed, to ensure the
long-term survival of populations in Washington. They aFe listed in `.1C)FA' Pelicy 44^'.See the current
WDFW Prioritv Habitats and Species list for Kitsap Countv for all listed and candidate species.
"City" means the city of Port Orchard.
"City council" means the city council of the city of Port Orchard.
"Clearing" means the destruction, disturbance or removal of vegetation by physical, mechanical,
chemical or other means.
"Compensation" means replacement of project -induced critical area (e.g., wetland) losses of acreage or
functions, including, but not limited to, restoration, creation, or enhancement.
Conversion Option Harvest Plan (COHP). (This definition relates to types of forest practices.) "Conversion
option harvest plan (COHP)" means a plan for landowners who want to harvest their land but wish to
maintain the option for conversion pursuant to WAC 222-20-050. "Conversion" to a use other than
commercial timber operation shall mean a bona fide conversion to an active use which is incompatible
with timber growing.
"Creation" means actions performed to intentionally establish a critical area at a site where it did not
formerly exist.
"Critical aquifer recharge areas" means those land areas which contain hydrogeologic conditions which
facilitate aquifer recharge and/or transmitting contaminants to an underlying aquifer.
"Critical area buffer" means an area of protection around a critical area.
"Critical area protection easement" means an agreement conveyed through a notice to title, or shown
on the face of a plat or site plan, for the purpose of perpetual or long-term conservation.
"Critical areas" includes the following areas and ecosystems, as provided in RCW 36.70A.030: (a)
wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and
wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas.
"Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as
irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within
the boundaries of and are maintained by a port district or an irrigation district or company.
"Critical areas ordinance" or "CAO" means this chapter.
"Danger trees" means any tree of any height, dead or alive, that presents a hazard to the public because
of rot, root stem or limb damage, lean or any other observable condition created by natural process or
manmade activity consistent with WAC 296-54-529(28).
Debris. See "refuse."
"Development proposal site" means, for purposes of the critical areas ordinance, the legal boundaries of
the parcel or parcels of land on which an applicant has applied for authority from the city of Port
Orchard to carry out a development proposal.
"Draining (related to wetland)" means any human activity that diverts or reduces wetland groundwater
and/or surface water sources.
"Easement" or "critical area protection easement" for purposes of this chapter means an agreement
conveyed through a deed, or shown on the face of a plat or site plan for the purpose of perpetual or
long-term conservation.
"Endangered species (state listed)" means a species native to the state of Washington that is seriously
threatened with extinction throughout all or a significant portion of its range within the state.
Endangered species are legally designated in WAC 232-12-014.
"Erosion hazard areas" means land characterized by any of the soil types identified by the Natural
Resources Conservation Service as "highly erodible land." This designation pertains to water erosion and
not wind erosion. These areas may not be highly erodible until or unless the soil is disturbed by activities
such as clearing or grading.
"Excavation" means removal of earth material.
"Existing and ongoing agriculture" means those activities conducted within the last five years on lands
defined in RCW 84.34.020(2) or defined as agricultural practices in this chapter. For example, the
operation and maintenance of existing farm and stock ponds or drainage ditches, operation and
maintenance of ditches, irrigation systems including irrigation laterals, canals, or irrigation drainage
ditches, changes between agricultural activities, such as rotating crops or grasses used for grazing, and
normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas;
provided, that alteration of the contour of wetlands or streams by leveling or filling other than that
which results from normal cultivation or draining of wetlands shall not be considered normal or
necessary farming or ranching activities. Activities that bring an area into agricultural use shall not be
considered part of an ongoing activity.
"Exotic" means any species of plant or animal that is not indigenous (native) to an area.
"Extraordinary hardship" means where the strict application of this chapter and/or other programs
adopted to implement the critical areas ordinance by the regulatory authority would prevent all
reasonable use of the parcel.
"Farm and agricultural conservation land" means:
(1) Land that was previously classified under RCW 84.34.020(2) ("Farm and agricultural land") that no
longer meets the criteria of said subsection (2) and that is reclassified under RCW 84.34.020(1) ("Open
space land"); or
(2) Land that is traditional farmland that is not classified under Chapter 84.33 or 84.34 RCW that has not
been irrevocably devoted to a use inconsistent with agricultural uses, and that has a high potential of
returning to commercial agriculture.
"Farm pond" means an open -water habitat of less than five acres and not contiguous with a stream,
river, lake or marine water created from a nonwetland site in connection with agricultural activities.
"Filling" or "fill" means a deposit of earth or other natural or manmade material placed by artificial
means, including, but not limited to, soil materials, debris, or dredged sediments.
"Floodplain" means the floodway and associated special flood hazard areas having the potential to flood
once every 100 years, or having a one percent chance of being equaled or exceeded in any given year.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
"Forage fish" means anchovy, herring, sand lance and smelt.
"Frequently flooded areas" means all Kitsap County lands, shorelands and waters which are within the
100-year floodplain (floodway) as designated by the Federal Emergency Management Agency in flood
insurance rate and boundary maps (FIRM).
"Geologic hazard areas" means areas that, because of their susceptibility to erosion, sliding, earthquake,
or other geological events, are not suited to siting commercial, residential or industrial development
consistent with public health or safety concerns. Source: WAC 365-190-030(8).
"Geotechnical report and geological report" means a study of potential site development impacts
related to retention of natural vegetation, soil characteristics, geology, drainage, groundwater
discharge, and engineering recommendations relating to slope and structural stability. The geotechnical
report shall be prepared by or in conjunction with a licensed geotechnical engineer meeting the
minimum qualifications as defined by this chapter. Geological reports may contain the above
information with the exception of engineering recommendations, and may be prepared by a geologist
(see Article VIII of this chapter, Special Reports, for minimum qualifications).
"Habitat" means the specific areas or environments in which a particular type of plant or animal lives.
An organism's primary and secondary habitat provides all the basic requirements for life of the
organism.
"Habitat management plan" means a report prepared by a professional wildlife biologist or fisheries
biologist which discusses and evaluates critical fish and wildlife habitat functions and evaluates the
measures necessary to maintain, enhance and improve habitat conservation on a proposed
development site.
"Habitat of local importance" means a seasonal range or habitat element with which a given species has
a primary association, and which, if altered, may reduce the likelihood that the species will maintain and
reproduce over the long term. These might include areas of high relative density or species richness,
breeding habitat, winter range, and movement corridors. These might also include habitats that are of
limited availability or areas of high vulnerability to alteration, such as cliffs, talus, and wetlands.
"Hazardous substance(s)" means any liquid, solid, gas or sludge, including any materials, substance,
product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria
of hazardous waste, including waste oil and petroleum products.
"Hazardous tree" means a tree that poses a threat to life, property, or public safety.
"Hydric soils" means a soil that formed under conditions of saturation, flooding, or ponding long enough
during the growing season to develop anaerobic conditions in the upper part.
"Hydrologist" or "hydrogeologist" means a person who has a bachelor of science degree in geologic
sciences with an emphasis in hydrogeology or related field from an accredited college or university and
has a minimum of five years' experience in groundwater investigations, modeling and remediation.
"Hydrophytes" means those plants capable of growing in water or on a substrate that is at least
periodically deficient in oxygen as a result of excessive water content. Source: WAC 173-22-030.
"Infiltration rate" means a general description of how quickly or slowly water travels through a
particular soil type.
"Investigation" means work necessary for land use application submittals such as surveys, soil logs,
percolation tests or other related activities.
"Landslide hazard areas" means areas potentially subject to risk of mass movement due to a
combination of geologic, topographic, and hydrologic factors.
"Liquefaction" means a process in which a water -saturated soil, upon shaking, suddenly loses strength
and behaves as a fluid (see Article III of this chapter, Wetlands).
"Lot" means a measured parcel of land having fixed boundaries and designated on a plat or survey. A
physically separate and distinct parcel of property, which has been created pursuant to the provisions of
the Port Orchard zoning code requirements. A fractional part of divided lands having fixed boundaries,
being of sufficient area and dimension to meet minimum zoning requirements for width and area. The
term shall include tracts or parcels; however, tracts or parcels that are created solely for the protection
of wetlands shall not count towards the total number of lots allowed; provided they are not meant or
used for building purposes.
"Low impact activities" means activities that do not require a development permit and/or do not result
in any alteration of hydrology or adversely impact the environment.
"Major new development" means any new development, as defined in below, within or within 300 feet
of a critical area:
(1) Subdivisions of land;
(2) Clearing, grading or filling one acre or greater in area;
(3) Any new commercial development in excess of 750 square feet in area authorized in the city of Port
Orchard zoning code;
(4) Development requiring conditional use or special use permits required under the city of Port Orchard
zoning code;
(5) Planned residential developments authorized under the city of Port Orchard zoning code;
(6) Any structure footprint in excess of 4,000 square feet in area, except for single-family residences;
(7) Any residential development except as exempted in POMC 20.162.032.
"Minor new development" means any new development, as defined below, within or within 300 feet of
a critical area:
(1) Normal maintenance or repair of existing structures or developments, including damage by accident,
fire or the elements;
(2) Emergency construction necessary to protect property from damage by the elements;
(3) Construction and practices normal or necessary for farming, irrigation, and ranching activities,
including agricultural service roads and utilities, construction of an agricultural building less than 3,000
square feet in size used exclusively for agricultural activities and the construction and maintenance of
irrigation structures including but not limited to head gates, pumping facilities and irrigation channels;
provided, that a feedlot of any size, all processing plants, other activities of a commercial nature,
alteration of the contour of wetlands or streams by leveling or filling other than that which results from
normal cultivation shall not be considered normal or necessary farming or ranching activities;
(4) Construction of one single-family residence and normal appurtenances necessarily connected to the
use and enjoyment of a single-family residence and may include a garage; deck; driveway; utilities;
fences; grading less than one acre in area; and home occupations pursuant to the city of Port Orchard
zoning code, as now or hereafter amended;
(5) Construction of a dock, designed for pleasure craft only, for the private noncommercial use of the
owner, lessee, or contract purchaser of a single-family residence;
(6) Operation and maintenance of any system of dikes, ditches, drains, or other facilities which legally
existed prior to the date of adoption of the critical areas ordinance, and which were created, developed,
or utilized primarily as a part of an agricultural drainage or diking system;
(7) Development authorized by POMC 20.162.032, Exemptions, and/or by POMC 20.162.038,
Nonconforming — Existing structures.
"Mitigation" means avoiding, minimizing or compensating for adverse critical area impacts. Mitigation
includes the following specific categories:
(1) Mitigation, compensatory: replacing project -induced critical area losses or impacts, including, but not
limited to, restoration, creation, or enhancement.
(2) Mitigation, creation: mitigation performed to intentionally establish a critical area (e.g., wetland) at a
site where it does not currently exist.
(3) Mitigation, enhancement: mitigation performed to improve the condition of existing degraded
critical areas (e.g., wetlands) so that the functions they provide are of a higher quality.
(4) Mitigation, restoration: mitigation performed to reestablish a critical area (e.g., wetland), or its
functional characteristics and processes, which have been lost by alterations, activities or catastrophic
events within an area which no longer meets the definition of a critical area.
All mitigation shall be consistent with Article XII of this chapter.
"Native vegetation" means vegetation indigenous to the Puget Sound coastal lowlands.
"Nonconforming use or structure" means a use of land or structure which was lawfully established or
built and which has been lawfully continued but which does not conform to the current regulations of
the zone in which it is located as established by the city of Port Orchard zoning code relating to repair of
damaged structures, this chapter, or amendments thereto.
"Normal maintenance" includes those usual acts to prevent a decline, lapse or cessation from a lawfully
established condition. Normal maintenance includes removing debris from and cutting or manual
removal of vegetation in crossing and bridge areas. Normal maintenance does not include:
(1) Use of fertilizer or pesticide application in wetlands, fish and wildlife habitat conservation areas, or
their buffers;
(2) Redigging ditches in wetlands or their buffers to expand the depth and width beyond the original
ditch dimensions;
(3) Redigging existing drainage ditches in order to drain wetlands on lands not classified as existing and
ongoing agriculture under POMC 20.162.032, Exemptions.
"Open space" is land used for outdoor recreation, critical area or resource land protection, amenity,
safety or buffer, including structures incidental to these open space uses, but excluding yards required
by this chapter and land occupied by dwellings or impervious surfaces not related to the open space
uses.
"Ordinary high water mark" means that mark that will be found by examining the bed and banks and
ascertaining where the presence and action of waters are so common and usual, and so long continued
in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in
respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or
as it may change thereafter in accordance with permits issued by a local government or the department;
provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water
mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark
adjoining fresh water shall be the line of mean high water.
"Organic debris" includes, but is not limited to, stumps, logs, branches, leaves and other organic
materials.
"Out -of -kind compensation" means to replace a critical area (e.g., wetland) with a substitute critical area
(e.g., wetland) whose characteristics do not closely approximate those destroyed or degraded by a
regulated activity. It does not refer to replacement "out -of -category," such as replacement of wetland
loss with new stream segments.
"Parks" means ...
"Permit" means any development, variance, conditional use permit, or revision authorized under
Chapter 90.58 RCW or city regulations.
"Planned residential development (PRD)" means development specifically approved by the city and
characterized by comprehensive planning of the total project, though it may contain a variety of
individual lots and/or uses. This type of project may include clustering of structures and preservation of
open space with a number of flexible and customized design features specific to the natural features of
the property and the uses sought to be implemented. Specific lot area and setback requirements are
reduced or deleted in order to allow maximization of open space, critical areas and other components of
the project.
"Piped Stream" means those sections of streams as defined in this chapter that have been legally piped
during past land use activities. Piped streams do not include those sections of piped infrastructure that
conveys water from irrigation ditches, canals, storm or surface water runoff devices or other artificial
watercourses unless thev are used by fish or used to convev streams naturallv occurrine prior to
ronstrurtinn_
"Practicable alternative" means an alternative that is available and capable of being carried out after
taking into consideration cost, existing technology, and logistics in light of overall project purposes, and
having less impacts to critical areas. It may include an area not owned by the applicant, which could
reasonably have been or be obtained, utilized, expanded, or managed in order to fulfill the basic
purpose of the proposed activity.
"Priority habitat" means a seasonal range or habitat element with which a given species has a primary
association, and which, if altered, may reduce the likelihood that the species will maintain and
reproduce over the long term. These might include areas of high relative density or species richness;
breeding, nesting, feeding, foraging, and migratory habitat; winter range, movement corridors; and/or
habitats that are of limited availability or high vulnerability to alteration. Priority habitats are established
by the Washington State Department of Fish and Wildlife within their priority habitats and species
database. Where possible, priority habitats and other wetland and fish and wildlife habitat areas should
be connected with wildlife corridors. Priority habitats shall be confirmed by a qualified biologist in a
special report in accordance with Article VIII of this chapter.
"Priority species" include those which are state listed endangered, threatened, sensitive, candidate and
monitored species as well as priority game and nongame species. Priority species are established, in
part, by the Washington Department of Fish and Wildlife within their priority habitats and species
database.
"Public facilities" means facilities which are owned, operated and maintained by a public agency.
"Public project of significant importance" means a project funded by a public agency, department or
jurisdiction which is found to be in the best interests of the citizens of the city of Port Orchard and is so
declared by the Port Orchard city council.
"Public utility" means a business or service, either governmental or having appropriate approval from
the state, which is engaged in regularly supplying the public with some commodity or service which is of
public consequence and need, such as electricity, gas, sewer and/or wastewater, water, transportation
or communications.
"Ravine" means a v-shaped landform generally having little to no floodplain and normally containing
steep slopes, which is deeper than 10 vertical feet as measured from the centerline of the ravine to the
top of the slope. Ravines are typically created by the wearing action of streams.
"Reasonable alternative" means an activity that could feasibly attain or approximate a proposal's
objectives, but at a lower environmental cost or decreased level of environmental degradation.
"Reasonable Use-". A property is deprived of all "reasonable use" when the owner can realize no
reasonable return on the property or make any productive use of the property. "Reasonable return"
does not mean a reduction in value of the land, or a lack of a profit on the purchase and sale of the
property, but rather, where there can be no beneficial use of the property; and which is attributable to
the implementation of the critical areas ordinance.
"Reasonable use exception" means the process by which the city determines allowable use of a property
which cannot conform to the requirements set forth in this chapter, including the variance criteria. See
POW 20.162.034 for reasonable use exception procedures.
"Refuse" means material placed in a critical area or its buffer without permission from any legal
authority. Refuse includes, but is not limited to, stumps, wood and other organic debris, as well as tires,
automobiles, construction and household refuse. This does not include large woody debris used with an
approved enhancement plan.
"Regulated use or activity" means any development proposal which includes or directly affects a critical
area or its buffer or occurs within 300 feet of a critical area.
"Rehabilitation" means the manipulation of the physical, chemical or biological characteristics of a site
with the goal of repairing natural or historical functions and processes of a degraded wetland. Activities
could involve breaching a dike to reconnect wetlands to a floodplain, restoring tidal influence to a
wetland, or breaking drain tiles and plugging drainage ditches.
"Restoration" means the return of a critical area (e.g., stream or wetland) to a state in which its
functions and values approach its unaltered state as closely as possible.
"RipaFian area" means -A.A A.rea that ince-luddes the lland which suppaFts ripaFian vegetation and may
dude serne upland, depending en Site management zone" means the designated
buffer area contiguous or adlacent to a stream that is required for the continued maintenance, function,
and structural stability of the stream. Functions of the buffer include shading, uptake of nutrients,
stabilization of banks. arotection from intrusion. laree wood deliverv. pollution removal. or maintenance
of wildlife. These generally occur adjacent to water bodies where specific measures are needed to
protect fish and wildlife habitat needs and watershed functions.
"Salmonid" means a member of the fish family Salmonidae. This family includes chinook, coho, chum,
sockeye and pink salmon; rainbow, steelhead, cutthroat, brook and brown trout; and Dolly Varden char,
kokanee, and whitefish.
"Sensitive species (state listed)" means a species, native to the state of Washington, that is vulnerable or
declining and is likely to become endangered or threatened in a significant portion of its range within
the state without cooperative management or the removal of threats. Sensitive species are legally
designated in WAC 232-12-011.
"Single-family dwelling" means a building or structure which is intended or designed to be used, rented,
leased, let or hired out to be occupied for living purposes by one family and including accessory
structures and improvements.
"Special flood hazard areas" means the area adjoining the floodway which is subject to a one percent or
greater chance of flooding in any year, as determined by engineering studies acceptable to the city of
Port Orchard. The coastal high hazard areas are included within special flood hazard areas.
"Species of concern" means species that have been classified as endangered, threatened, sensitive,
candidate, or monitored by the Washington State Department of Fish and Wildlife.
"State Environmental Policy Act" or "SEPA" means the state environmental law (Chapter 43.21C RCW)
and rules (Chapter 197-11 WAC) as implemented by the city of Port Orchard.
"Streams" means those areas in the city of Port Orchard where the surface water flow is sufficient to
produce a defined channel or bed. A defined channel or bed is an area which demonstrates clear
evidence of the passage of water and includes but is not limited to bedrock channels, gravel beds, sand
and silt beds and defined channel swales. The channel or bed need not contain water year-round. This
definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices or
other artificial watercourses unless they are used by fish or used to convey streams naturally occurring
prior to construction.
"Susceptibility (groundwater)" means the potential an aquifer has for groundwater contamination,
based on factors which include but are not limited to depth of aquifer, soil permeability, topography,
hydraulic gradient and conductivity, and precipitation.
"Swale" means a shallow drainage conveyance with relatively gentle side slopes, generally with flow
depths less than one foot.
"Threatened species (state listed)" means a species, native to the state of Washington, that is likely to
become endangered in the foreseeable future throughout a significant portion of its range within the
state without cooperative management or the removal of threats. Threatened species are legally
designated in WAC 232-12-011.
"Toe of slope" means a distinct topographic break in a slope. Where no distinct break exists, this point
shall be the lowermost limit of the landslide hazard area as defined and classified in this section.
"Top of slope" means a distinct topographic break in a slope. Where no distinct break in a slope exists,
this point shall be the uppermost limit of the geologically hazardous area as defined and classified in this
section.
"Unavoidable and necessary impacts" means impacts to a critical area that remain after an applicant
proposing to alter such an area has demonstrated that no alternative exists for the proposed project.
"Utilities" means facilities and/or structures which produce or carry electric power, gas, sewage, water,
communications, oil, publicly maintained stormwater facilities, etc.
"Utility corridor" means areas identified in the comprehensive plan for utility lines, including electric,
gas, sewer, water lines; and public right-of-way and other dedicated utility right-of-way on which one or
more utility lines are currently located. The term "other dedicated utility right-of-way" means
ownership, easements, permits, licenses or other authorizations affording utilities the right to operate
and maintain utility facilities on private property.
"Vulnerability (groundwater)" means the likelihood that an aquifer could be contaminated, based on
both susceptibility and land use. High vulnerability generally means an aquifer, which has high
susceptibility to contamination, and is located in a land use area conducive to contamination, such as
industrial or residential. High vulnerability includes high potential areas for overdrafting and/or
saltwater intrusion.
"Wetland" means those areas that are inundated or saturated by surface or groundwater at a freauencv
and duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
estuaries marshes bogs, and similar areas. Wetlands do not include those artificial wetlands
intentionally created from non -wetland sites, including, but not limited to, irrigation and drainage
ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a
result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands
intentionallv created from non -wetland areas created to mitigate conversion of wetlands.
"Wetland determination" means an on -site determination as to whether a wetland exists on a specific
parcel, conditioned by either a wetland specialist as defined in this Chapter, or the department. A
wetland determination does not require a formal delineation.
"Wetland edge" means the line delineating the outer edge of a wetland established in Article III of this
chapter.
"Wetlands, isolated" means a wetland that is 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 water, if present, reenters 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 (Chapter 90.48 RCW), in addition to the provisions in this chapter. An isolated wetland may
also be regulated by the U.S. Army Corps of Engineers under the Clean Water Act. Dredge or fill of a
federally regulated wetland is regulated by the U.S. Army Corps of Engineers under the Clean Water Act
and altering a federally regulated wetland may require federal review.
"Wetlands of regional significance" means those regulated wetlands determined by the department, or
otherwise determined by the State or another governing body with jurisdiction, to have characteristics
of exceptional resource value which should be afforded the highest levels of protection.
"Wetlands report" means a wetland delineation, characterization, rating and analysis of potential
impacts to wetlands consistent with applicable provisions of Article III of this chapter.
"Wetlands specialist" means a person who has earned a bachelor's degree in biological sciences with
specific course work concerning the functions and values of wetlands from an accredited college or
university with a minimum of two years of related work experience; or a qualified consultant or
professional person who has equivalent education and training or with equivalent experience
acceptable to the department.
"Wetpond" means an artificial water body constructed as a part of a surface water management system.
"Wildlife biologist" means a person who has earned a minimum of a bachelor's degree in wildlife biology
or related field of study and has a minimum of five years of field experience in wildlife biology and
habitat evaluation.
"Wildlife corridor" means a relatively undisturbed, vegetated corridor at least 100 feet wide, protected
through a conservation easement or other legal instrument, that connects a protected wetland or fish
and wildlife habitat area with a priority habitat as defined in this section.
"Wildlife nesting structure" means a structure erected for the sole purpose of providing a wildlife
nesting site. (Ord. 020-22 § 2; Ord. 010-18 §§ 26, 27; Ord. 019-17 § 18 (Exh. 1)).
20.162.046048 Wetlands — Purpose.
This article applies to all regulated uses within or adjacent to areas designated as wetlands, as
categorized below. The intent of this article is to:
(1) Achieve no net loss and increase the quality and function of wetland acreage, functions and values
within the city.
(2) Provide mitigation measures where necessary, as conditions of permits, that have a reasonable
expectation of success.
(3) Protect t4evalued public expenditures resources that could arise from improper wetland uses and
activities;
(5) Preserve natural flood control, stormwater storage and drainage orstream swetland hydrology
patterns; and
(6) Prevent turbidity and pollution of wetlands, and fish or shellfish bearing waters to maintain the
wildlife habitat. (Ord. 019-17 § 18 (Exh. 1)).
20.162.050 Determination of wetland boundaries.
% 1
methodology specified in the approved federal wetland delineation manual and applicable regional
supplements. All areas within the city meeting the wetland designation criteria as determined by that
procedure are designated as critical areas and are subject to the provisions and regulations of this
chapter. Wetland delineations are valid for five years.
2) The applicant shall be responsible for hiring a qualified wetland specialist to determine the wetland
boundaries through a field survey. This specialist shall stake or flag the wetland boundary. For all new
development, as required by the department, this line shall be surveyed by a professional land surveyor
licensed in the state of Washington. The regulated wetland boundary and regulated wetland buffer shall
be identified on all grading, landscaping, site, on -site septic system designs (BSAs), utiljty or other
development plans submitted in support of the project.
(3) Where the applicant has provided a delineation of a wetland boundary, the department or its
consultant may verify the wetland boundary at the cost of the applicant and may request that
adjustments to the boundary be made by a wetland specialist. (Ord. 019-17 § 18 (Exh. 1)).049
20.162.052 Wetland categories.
...
Fneeting the iuve-flaind designatien criteria -as determined by that review prece-dure are designated as
eFitical areas and are Subject te the regulatiens and previsiens of this chapter,
{}The city uses the Department of Ecology's Washington State Wetland Rating System for Western
Washington: 2014 Update -Version 2 (Ecology Publication No. 23-06-009), or as amended hereafter to
categorize wetlands for the purposes of establishing wetland buffer widths, wetland uses and
replacement ratios for wetlands. This system consists of four wetland categories (see Article XIII of this
chapter, Attachment A, for wetland categories). (Ord. 019-17 § 18 (Exh. 1)).
20.162.MO54 Exempt wetlands.
(1) All wetlands within the city meeting the definition in POMC 20.162.046 are regulated. The following
wetlands may be exempt from the Feq iFement to avoid impaavoidance and minimization
requirements of mitigation sequencing, and they may be filled if the impacts are fully mitigated based
on the requirements of this chapter. If available, impacts should be mitigated through the purchase of
credits from an in -lieu fee program or mitigation bank, consistent with the terms and conditions of the
program or bank. In order to verify the following conditions, a critical area report for wetlands meeting
the requirements of this chapter must be submitted.
(a) All isolated Category IV wetlands less than 4,000 square feet that:
(i) Are not associated with riparian areas or their buffers.
(ii) Are not associated with shorelines of the state or their associated buffers.
(iii) Are not part of a wetland mosaic.
(iv) Do not score five or more points for habitat function based on the Washington State Wetland
Rating System for Western Washington: 2014 Update (Ecology Publication No. 14-06-029, or as
revised as approved by Ecology).
(v) Do not contain a priority habitat or a priority area for a priority species identified by the
Washington Department of Fish and Wildlife, do not contain federally listed species or their critical
habitat, or species of local importance.
(b) Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally
listed species or their critical habitat are exempt from the buffer provisions contained in this
chapter. (Ord. 019-17 § 18 (Exh. 1}��
20.162.054 Regulated uses and- +i.,i+ies
ce-Rditie—n-s established by the depaFtment and may be subjeet te mitigation as FequiFed by this chapteF.
05§- (Grd. 019 " - ' ". ' 1 20462.052 Wetland Development standards.
For the purpose of the provisions of the critical areas ordinance, a regulated wetland and its buffer is a
critical area.
(1) Unless specifically exempt under POMC 20.162.0-32034, all regulated uses and activities in a wetland
and/or its buffer shall be regulated pursuant to the requirements of this chapter.
(2) Wetland Buffers. The buffer shall be measured perpendicular from the wetland edge as delineated
and marked using the approved federal delineation manual and applicable regional supplement. Buffers
shall consist of native vegetation adequate to provide the necessary protection. Those buffer areas that
do not contain a well vegetated native plant community shall be enhanced.
rJepaF+.,- ent NA- r f Shall be placed m., the h--ffer.
(3) Buffer Widths. All regulated wetlands shall be surrounded by a buffer zone as follows based on the
category of wetland and the habitat score as determined by a qualified wetland professional using the
Washington State Wetland Rating System for Western Washington: 2014 Update (in accordance with
Department of Ecology Publication No. 14-06-029�L
(a) For wetlands that score six points or more for habitat function, the buffers in Table 1 can be used if
both of the following criteria are met:
(i) A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the
wetland and any other priority habitats as defined by the Washington State Department of Fish and
Wildlife. The corridor must be protected for the entire distance between the wetland and the
priority habitat by some type of legal protection such as a conservation easement. Presence or
absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a
corridor is available, Table 1 may be used with the required measures in Table 2 alone.
(ii) The measures in Table 2 are implemented, where applicable, to minimize the impacts of the
adjacent land uses.
(b) For wetlands that score three to five habitat points, only the measures in Table 2 are required for
the use of Table 1.
(c) If an applicant chooses not to apply the mitigation measures in Table 2, or is unable to provide a
protected corridor where available, then Table 3 must be used.
(d) The buffer widths in Table 1 and Table 3 assume that the buffer is vegetated with a native plant
community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated,
or vegetated with invasive species that do not perform needed functions, the buffer should either
be planted to create the appropriate plant community or the buffer should be widened to ensure
that adequate functions of the buffer are provided.
{e(e) Reduced buffer widths associated with Table 1 shall not be used in conjunction with other
reductions or variances outlined in this chapter.
(4) Interrupted Buffer. Where a legally established developed roadway or permanent substantial
improvement transects a wetland buffer, the director may approve a modification of the minimum
required buffer to the edge of the roadway or substantial improvement. The permanent substantial
development must serve to eliminate or greatly reduce buffer function.
Tables of Wetland Development Standards
Table 1— Wetland Buffer Requirements If Table 2
Is Implemented and a Wildlife Corridor Is Provided
Buffer
width (in feet) based on habitat score
Wetland Category
r� Sse9Buffer width
Score
Score -56 — 7
Score G — 78 — 9
based on special
3-5
characteristics
Category I:
75
110
145225
-2-�NLA
Based on total score
Category I:
19ONLA
225
190
Bogs and wetlands of high
conservation value
Category I:
N/A
150
ivea-stalEstuarine and
wetlands in coastal lagoons
Category I:
-N/A
225
N/A
Interdunal
Category I:
75
110
3-6&225
2-15NLA
Forested
!^-.+.,. eFy i•T
�
st e
1Cd(buffeFwidth Ipet h-.reel AIP h-hit-+.- PS
Table 1— Wetland Buffer Requirements If Table 2
Is Implemented
and a Wildlife Corridor Is Provided
Buffer
width (in feet) based on habitat score
Wetland Category
:sere 9- — 9Buffer width
Score
Score -56 — 7
Score Fu — y
based on special
3-5
characteristics
Category II:
75
110
145225
22-5NLA
Based on score
Category II:
4-1-9NLA
145110
2-2-5110
Interdunal wetlands
Category II:
h-,�,,,l An h-,h;+-,+
NSA
sEeres4110
Estuarine and wetlands in
oastal lagoons
Category III (all)
1 60
J
365225
1 2-2-5 NNLA
Category IV (all)
1 40
Table 2 — Required Measures to Minimize Impacts to Wetlands
Disturbance
Required Measures to Minimize Impacts
Lights
• Direct lights away from wetland
Noise
• Locate activity that generates noise away from wetland
• If warranted, enhance existing buffer with native vegetation plantings adjacent to
noise source
• For activities that generate relatively continuous, potentially disruptive noise, such as
certain heavy industry or mining, establish an additional 10 feet heavily vegetated
buffer strip immediately adjacent to the outer wetland buffer
Toxic runoff
• Route all new, untreated runoff away from wetland while ensuring wetland is not
dewatered
• Establish covenants limiting use of pesticides within 150 feet of wetland
• Apply integrated pest management
Stormwater
• Retrofit stormwater detention and treatment for roads and existing adjacent
runoff
development
• Prevent channelized flow from lawns that directly enters the buffer
• Use low intensity development techniques (for more information refer to the drainage
ordinance and manual)
Change in water
• Infiltrate or treat, detain, and disperse into buffer new runoff from impervious
regime
surfaces and new lawns
Table 2 — Required Measures to Minimize Impacts to Wetlands
Disturbance
Required Measures to Minimize Impacts
Pets and human
• Use privacy fencing or plant dense vegetation to delineate buffer edge and to
disturbance
discourage disturbance using vegetation appropriate for the ecoregion
• Place wetland and its buffer in a separate tract or protect with a conservation
easement
Dust
•Use best management practices to control dust
Table 3 — Wetland Buffer Requirements If Table 2
Is Not Implemented or a Wildlife Corridor Is Not Provided
Buffer
width (in feet) based on habitat score
Wetland Category
ssere -R --9Buffer width
Score
Score 6 — 7
Score 6--78 — 9
based on special
3-5
characteristics
Category I:
100
150
2-24-300
398NLA
Based on total score
Category I:
2-540-N/A
300
250
Bogs and wetlands of high
conservation value
Category I:
N/A
200
Ceastal Estuarine and wetlands
in coastal lagoons
Category I:
N/A 300
N/A
Interdunal
Category I:
100
140-150 22-0-300
3A9NLA
Forested
r'-,+eger y 1 •
Estuarine
2
Inn (buffer w1el+h Aet h- seel AA h-,h7+-,+ s 1,$)
Category II:
100
150
2-24-300
398NLA
Based on score
Category II:
N/A
150
Interdunal wetlands
Category II:
150 (buffeF
Width REA
ba-red An habitat
N/A
&eGFe34150
Estuarine and wetlands in
coastal lagoons
Table 3 — Wetland Buffer Requirements If Table 2
Is Not Implemented or a Wildlife Corridor Is Not Provided
Buffer
width (in feet) based on habitat score
Wetland Category
Ssere 8-9Buffer width
Score
Score 6 — 7
Score 6--78 — 9
based on special
3-5
characteristics
Category III (all)
80
150
22&300
399NLA
Category IV (all)
50
N/A
(4) Wetland Buffer Measurement. All buffers shall be measured on a horizontal plane from the
regulated wetland edge as marked in the field.
(5) Wetland Buffer Alterations
A quantitative alteration, in which the boundaries of the wetland buffer area are altered, can occur
through buffer averaging efor through a buffer reduction. Buffer averaging shall not be used in
conjunction with a buffer reduction.
The buffers defined in Table 1 shall not be used in conjunction with a proposed wetland buffer
alteration.
Wetland Buffer Averaging. Standard buffer widths may be modified by averaging buffer widths. The
total area contained within the buffer after averaging shall be no less than that contained within the
standard buffer prior to averaging. The buffer shall not be reduced by more than 25 percent of the
standard buffer width at any point. The department may allow wetland buffer averaging where it
can be demonstrated that such averaging can clearly provide equivalent or greater functions and
values as would be provided under the standard buffer requirement.
Prior to approval of buffer averaging, a critical areas report for wetland(s) meeting the requirements in
this chapter must be submitted and reviewed for consistency with the requirements of this Chapter.
Averaging of buffer widths may be allowed where the applicant demonstrates the following:
(i) The buffer is increased adjacent to higher functioning areas of or more sensitive portions of the
wetland and decreased adjacent to the lower function or less sensitive portions; and
(ii) Averaging is necessary to avoid an extraordinary hardship to the applicant caused by
circumstances peculiar to the property and the applicant has demonstrated all avoidance and
minimization measures have been considered.
(b) Wetland Buffer Reduction. Buffer width reductions shall be considered on a case -by -case basis
when an applicant demonstrates to the department that the mitigation measures outlined in Table
2 are not applicable to utilize the reduced buffer widths defined in Table 1 and the proposed
reduction would not adversely affect the wetland in question. A buffer reduction may not be
reduced to less than 75 percent of the standard buffer width.
Decision Criteria. Prior to approval, an applicant shall demonstrate that a buffer reduction proposal
meets all of the decision criteria listed below.
{a4O) dernonstrate.Demonstrate all avoidance and minimization efforts have been considered
for compliance with POMC 20.162.024;
ii It will not adversely impact the wetland(s) in question;
iii It will not lead to adverse water quality protection, unstable earth conditions, or create an
erosion hazard;
iv As part of the buffer reduction request, an applicant shall submit a buffer enhancement plan
consistent with Article X-4VIII of this Chapter.
(6) Increased Wetland Buffer Provisions. The department may increase buffer zone widths for a
development project on a case -by -case basis when a larger buffer is necessary to protect wetland
functions and values. Such determination shall be based on site -specific and project related conditions,
which include, but are not limited to:
(a) Wetland sites with known locations of endangered or threatened species for which a habitat
management plan indicates a larger buffer is necessary to protect habitat values for such species;
(b) The adjacent land is susceptible to severe erosion and erosion control measures alone will not
effectively prevent adverse wetland impacts;
(c) The adjacent land on the development proposal site has minimal vegetative cover or slopes greater
than 30 percent; or
(7) Wetland Fencing and Signs. This subsection applies to those wetlands and their buffers that are
within 300 feet of regulated development activities.
(a) Wetland buffers shall be temporarily fenced or otherwise suitably marked, as required by the
department, between the area where the construction activity occurs and the buffer. Fences shall be
made of a durable protective barrier and shall be highly visible. Silt fences and plastic construction
fences may be used to prevent encroachment on wetlands or their buffers by construction. Temporary
fencing shall be removed after the site work has been completed and the site is fully stabilized per city
approval.
(b) The department shall require permanent signs and/or split -rail fencing to be placed on the common
boundary between a wetland buffer and the adjacent land. Signs must be posted at an interval of one
per lot if the lot is less than 50 feet wide, or every 50 feet, whichever is less, and must be maintained by
the property owner in perpetuity. The signs shall be worded as follows or with alternative language
approved by the department:
Protected Wetland Area
Do Not Disturb
Contact City of Port Orchard
Regarding Uses, Restrictions, and Opportunities for Stewardship
The department may approve an alternate method of wetland and buffer identification, if the
alternative method provides adequate protection to the wetland and buffer.
(8) Building or Hard Surface Setback Lines. A building or hard surface setback line of 15 feet is required
from the edge of any wetland buffer. Minor structural or hard surface intrusions into the areas of the
setback may be permitted if the department determines that such intrusions will not adversely impact
the wetland. The setback shall be identified on a site plan and filed as an attachment to the notice to
title as required by POMC 20.162.030032, Notice to title. (Ord. 019-17 § 18 (Exh. 1)).
20.162.0-546058 Additional development standards for regulated uses.
In addition to meeting the development standards in this article, those regulated uses identified below
shall also comply with the standards of this section and other applicable state, federal and local
ordinances.
4L1) Agricultural Restrictions. In all development proposals which would permit introduction of
agricultural uses, damage to regulated wetlands shall be avoided. Wetlands shall be avoided by one of
the following methods:
(a) Implementation of a farm conservation plan agreed upon by the conservation district and the
applicant to protect and enhance the water quality of the wetland; and/or
(b) Fencing located not closer than the outer buffer edge.
{4L) Land Divisions and Land Use Permits. All proposed divisions of land and land uses (including but not
limited to the following: boundary or lot line adjustments, short plats, large lot subdivisions, master
planned resorts, planned residential developments, conditional use permits, site plan reviews, binding
site plans) which include regulated wetlands shall comply with the following procedures and
development standards:
(a) Regulated wetlands, except the area with permanent open water, and wetland buffers may be
included in the calculation of minimum lot area for proposed lots; provided, that other standards,
including subsection (-53)(c) of this section, are met.
(b) Land division approvals shall be conditioned to require that regulated wetlands and regulated
wetland buffers be dedicated as open space tracts, or an easement or covenant encumbering the
Lot with the wetland and wetland buffer. Such dedication, easement or covenant shall be recorded
together with the land division and represented on the final plat, short plat or binding site plan, and
title.
(d) After preliminary approval and prior to final land division approval, the department shall require
the common boundary between a regulated wetland or associated buffer and the adjacent land be
identified using permanent signs and/or fencing. In lieu of signs and/or fencing, alternative methods
of wetland and buffer identification may be approved when such methods are determined by the
department to provide adequate protection to the wetland and buffer.
(153) Stormwater Management Facilities. A wetland or its buffer can be physically or hydrologically
altered to meet the requirements of an LID, runoff treatment or flow control BMP if all of the following
criteria are met:
(a) The wetland is classified as a Category IV or a Category III wetland with a habitat score of 3 to 45
points; and
(b) There will be "no net loss" of functions and values of the wetland; and
(c) The wetland does not contain a breeding population of any native amphibian species; and
(d) The hydrologic functions of the wetland can be improved as outlined in questions 3, 4, 5 of Chart
4 and questions 2, 3, 4 of Chart 5 in the Department of Ecology's "Guide for Selecting Mitigation
Sites Using a Watershed Approach"; or the wetland is part of a priority restoration plan that
achieves restoration goals identified in a shoreline master program or other local or regional
watershed plan; and
(e) The wetland lies in the natural routing of the runoff, and the discharge follows the natural
routing; and
(f) All regulations regarding stormwater and wetland management are followed, including but not
limited to local and state wetland and stormwater codes, manuals, and permits; and
(g) Modifications that alter the structure of a wetland or its soils will require permits. Existing
functions and values that are lost would have to be compensated/replaced.
Stormwater LID BMPs required as part of new and redevelopment projects can be considered within
wetlands and their buffers. A site -specific characterization is required to determine if an LID BMP is
feasible at the project site.
{6A wetland hydrology monitoring plan prepared by a qualified wetland shall be required when a
wetland is physically or hydrologically altered. The plan shall provide an analysis to demonstrate the
baseline hydrologic conditions within the wetland, provide monitoring methods, provide a monitoring
program to evaluate the hydrologic conditions post construction, and provide a reporting schedule for
submitting monitoring reports to the city. The wetland hydrology monitoring plan shall be verified
through peer review.
(4) Trails and Trail -Related Facilities. Construction of public and private trails and trail -related facilities,
such as benches and viewing platforms, may be allowed in wetlands or wetland buffers pursuant to the
following guidelines:
(a) Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility
corridors, or any other previously disturbed areas.
(b) Trails and related facilities shall be planned to minimize removal of trees, soil disturbance and
existing hydrological characteristics, shrubs, snags and important wildlife habitat.
(c) Viewing platforms and benches, and access to them, shall be designed and located to minimize
disturbance of wildlife habitat and/or critical characteristics of the affected wetland.
(d) Trails and related facilities shall generally be located outside required buffers. Where trails are
permitted within buffers they shall be located in the outer 25 percent of the buffer and a minimum
of 25 feet from the wetland edge, except where wetland crossings or viewing areas have been
approved.
(e) Trails shall generally be limited to pedestrian use and pervious surfaces no more than five feet in
width, unless other more intensive uses, such as bike or horse trails, have been specifically allowed
and mitigation has been provided.
(f) Circular (loop) trails are discouraged, as they have the potential to encircle critical areas and cut
off habitat connectivity for smaller species.
(75) Utilities in Wetlands or Wetland Buffers.
(a) Construction of new utilities outside the road right-of-way or existing utility corridors may be
permitted in wetlands or wetland buffers, only when no reasonable alternative location is available
and the utility corridor meets the requirements for installation, replacement of vegetation and
maintenance outlined below, and as required in the filing and approval of applicable permits and
special reports required by this chapter.
(b) Sewer or On -Site Sewage Utility. Construction of sewer lines or on -site sewage systems may be
permitted in regulated wetland buffers only when:
it The applicant demonstrates it is necessary to meet state and/or local health code minimum
design standards (not requiring a variance for either horizontal setback or vertical separationl:
and or
(ii) The
applicant sufficiently demonstrates the mitigation sequencing requirements e#defined in this
sectienChapter so show all avoidance and minimization measures have been considered. Joint use
of the sewer utility corridor by other utilities may be allowed.
(c) New utility corridors shall not be allowed when the regulated wetland or buffer has known
locations of federal or state listed endangered, threatened or sensitive species, heron rookeries or
nesting sites of raptors which are listed as state candidate or state monitor, except in those
circumstances where an approved habitat management plan indicates that the utility corridor will
not significantly impact the wetland or wetland buffer.
(d) New utility corridor construction and maintenance shall protect the regulated wetland and
buffer environment by utilizing the following methods:
(i) New utility corridors shall be aligned when possible, to avoid cutting trees greater than 12 inches
in diameter at breast height (four and one-half feet), measured on the uphill side.
(ii) New utility corridors shall be revegetated with appropriate native vegetation at preconstruction
densities or greater, immediately upon completion of construction, or as soon thereafter as
possible, if due to seasonal growing constraints. The utility shall ensure that such vegetation
survives.
(iii) Any additional utility corridor access for maintenance shall be provided as much as possible at
specific points, rather than by parallel roads. If parallel roads are necessary, they shall be of a
minimum width but no greater than 15 feet; and shall be contiguous to the location of the utility
corridor on the side away from the wetland. Mitigation will be required for any additional access
through restoration of vegetation in disturbed areas.
(iv) The department may require other additional mitigation measures.
(e) Utility corridor maintenance shall include the following measures to protect the regulated
wetland and buffer environment:
(i) Where feasible, painting of utility equipment such as power towers shall not be sprayed or
sandblasted, nor should lead -based paints be used.
(ii) No pesticides, herbicides or fertilizers may be used in wetland areas or their buffers except those
approved by the EPA and Ecology. Where approved, herbicides must be applied by a licensed
applicator in accordance with the safe application practices on the label. Within wetlands, the
applicator must be licensed to use aquatic herbicides.
(f) For utility work in wetlands or in -water, it shall be the applicant's responsibility to obtain all
necessary state and federal approvals before beginning work. (Ord. 019-17 § 18 (Exh. 1)).
20.162.060
20.162.062 Wetland mitigation requirements.
(1) Mitigation Sequence. Projects permitted under this article will be reviewed in accordance with the
mitigation sequencing requirement in POMC 20.162.484024.
(2) Mitigation Plan Requirements. Any applicant required to perform compensatory wetland mitigation
as a condition of approval for a development project or under an enforcement action shall submit a
wetlands mitigation plan to the department in accordance with POMC20.162.096 aP
'^�4-20.162.026 and 20.162.096. Compensatory mitigation plans shall be consistent with
Wetland Mitigation in Washington State — Part 2: Developing Mitigation Plans — Version 1 (Ecology
Publication No. 06-06-011b or as revised), and Selecting Wetland Mitigation Sites Using a Watershed
Approach (Western Washington) (Ecology Publication No. 09-06-32), and with amended Appendix 8-C to
Wetlands in Washington State Volume 2 — Protecting and Managing Wetlands (Ecology Publication 05-
06-008 or as revised).
(3) Wetland Replacement Ratios. The following ratios, as well as consideration of the factors listed in
this section, and Table 4, shall be used to determine the appropriate amounts of restored, rehabilitated,
created, or enhanced wetland that will be required to replace impacted wetlands. The first number
specifies the amount of wetland area requiring replacement and the second specifies the amount of
wetland area altered.
Table 4 — Wetland Replacement Ratios
Category and Type of
Restoration or
Rehabilitation
Enhancement Only
Impact Wetland
Creation
Category I:
Not considered
Case -by -case
Case -by -case
possible
Bog, natural heritage
site
Category I:
6:1
12:1
[24-1
Mature forested
Category I:
4:1
8:1
16:1
(All others)
Category II
3:1
6:1
12:1
Category III
12:1
14:1
18:1
Category IV
1.5:1
3:1
6:1
(a) Open water may be enhanced by replacing structures that may have been removed in the past
(large woody material, rocks, reefs, etc.).
(b) The department may increase the ratios based on one or more of the following:
(i) The probable success of the proposed restoration or enhancement;
(ii) The period of time between destruction and replication of wetland functions;
(iii) Projected losses in functions and value;
(iv) Replacement as a result of an illegal action.
(4)-Alternative Mitigation Ratios. The department may approve different mitigation ratios when the
applicant proposes a combination of wetland creation, restoration, rehabilitation, and/or enhancement;
provided, that federal and state resource agencies approve the mitigation plan and the plan achieves no
net loss of wetland functions and values. Mitigation requirements may also be determined using the
credit/debit tool described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of
Western Washington: Final Report (Ecology Publication No. 10-06-011, or as revised) if approved by the
director.
14(5) Type and Location of Mitigation.
Applicants have two options for meeting compensatory wetland mitigation requirements defined in this
chapter. The options generally fall into two categories; programmatic approaches and permittee-
responsible approaches. Programmatic approaches refer to compensatory mitigation done by a third -
party sponsor. The two programmatic approaches currently being used in Washington are wetland
mitigation banking and in -lieu fee mitigation. Perm ittee-responsible mitigation is an approach where
the applicant retains full responsibility to successfully compensate for unavoidable impacts. The order
of preference for the type of mitigation approaches is a programmatic approach followed by a
permittee-responsible approach.
(i) The bank is certified under state rule;
(ii) The director determines that the wetland mitigation bank provides appropriate compensation
for the authorized impacts;
NO The proposed use of credits shall be consistent with the terms and conditions of the mitigation
bank's certification;
(iv) Replacement ratios for project using bank credits shall be consistent with the replacement ratios
specified in the mitigation bank's certification; and
(v) Credits from a certified wetland mitigation bank may be used to compensate for impacts located
within the service area specified in the wetland bank's certification. In some cases, the service area
of the bank may include portions of more than adjacent drainage basin for specific wetland
functions.
(b) In -Lieu Fee. Credits from an approved in -lieu fee program may be used when all of the following
apply:
NO the approval authority determines that the use of the program would provide environmentally
appropriate compensation for the proposed impacts;
(viOthe proposed use of credits is consistent with the terms and conditions of the approved in -lieu
fee program instrument;
(viii) protects using in -lieu fee credits shall have debits associated with the proposed impacts
calculated by the applicant's qualified specialist using the credit assessment method specified in the
approved instrument of the in -lieu fee program; and
(ix) the impacts are located within the service area specified in the approved in -lieu fee program
instrument.
(c) Mitigation under the watershed approach. When it is demonstrated that a programmatic approach is
not available to compensate for unavoidable impacts to wetlands, compensatory wetland mitigation
shall use the water shed approach using the guidance defined in the Department of Ecology's Selecting
Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Ecology Publication No.
09-06-32), or as amended.
(d) Alternative Mitigation. The department may approve an alternative mitigation plan based on best
available science and if is demonstrated that a high level of ecological function would result from an in -
kind and on -site or in -kind and off -site compensatory wetland mitigation approach. Alternative
mitigation proposals shall use the guidance in the Department of Ecology's Wetland Mitigation in
Washington State — Part 2: Developing Mitigation Plans — Version 1 (Ecology Publication No. 06-06-
011b). or as revised.
(e) Innovative Mitigation. The Director may approve innovative mitigation protects that are based on
best available science including but not limited to activities such as advance mitigation and preferred
environmental alternatives. Innovative mitigation proposals must offer an equivalent or better level of
protection of critical area functions and values than would be provided by the strict application of this
chapter. Such mitigation proposals must demonstrate special consideration for conservation and
protection measures for anadromous fisheries. The Director shall consider the following for approval of
an innovative mitigation proposal:
(i). Creation or enhancement of a larger system of natural areas and open space is preferable to the
servation of manv individual habitat areas:
(ii). The applicant demonstrates that long-term protection and management of the habitat area will
be provided;
(iii). There is clear potential for success of the proposed mitigation at the proposed mitigation site;
(iv). Mitigation according to POMC 20.162.060 5(a) through 5(d) is not feasible due to site
constraints such as parcel size, stream type, wetland category, or excessive costs;
A wetland of a different tVDe is iustified based on regional needs or functions and values:
NO. The replacement ratios are not reduced or eliminated; unless the reduction results in a
preferred environmental alternative; and
(vii). Public entity cooperative preservation agreements such as conservation easements are
applied.
(6) Monitoring Requirements. The city shall require monitoring reports on an annual basis for a
minimum of five years, or until the department determines that the mitigation project has achieved
success. Certain types of wetland communities, such as scrub -shrub or forested wetland, require
additional time for establishment and may require monitoring for 10 or more years depending on the
site -specific circumstances and the scope of the mitigation project. The wetlands mitigation plan shall
provide specific criteria for monitoring the mitigation project. Criteria shall be project -specific and a
scientifically acceptable means to aid the department in evaluating whether or not the project has
achieved success according to the wetland mitigation performance standards in this chapter. (Ord. 019-
17 § 18 (Exh. 1)).
20.162.064062 Incentives for wetlands protection.
The city of Port Orchard recognizes that property owners wish to gain economic benefits from their
land. The city encourages such mechanisms as the open space tax program, conservation easements
and donations to land trusts, in order to provide taxation relief upon compliance with the regulations in
the provisions of the critical areas ordinance. (Ord. 019-17 § 18 (Exh. 1)).
20.162.0"064 Purpose.
This article applies to all regulated uses included in the critical areas ordinance, or uses within 300 feet
of areas designated as fish and wildlife habitat conservation areas, as categorized in POMC
20.162.07-0066. The intent of this article is to:
(1) Preserve natural flood control, stormwater storage and drainage or stream flow patterns;
(2) Control siltation, protect nutrient reserves and maintain stream flows and stream quality for fish,
wildlife, and marine shellfish;
(3) Prevent turbidity and pollution of streams and fish or shellfish bearing waters;
(4) Preserve and protect habitat adequate to support viable populations of native wildlife in both the
city and Kitsap County; and
(5) Encourage nonregulatory methods of habitat retention whenever practical, through education and
the open space tax program. (Ord. 019-17 § 18 (Exh. 1)).
20.162.=066 Fish and wildlife habitat conservation area categories classification.
The following categories shall be used in classifying fish and wildlife habitat conservation areas. Fish and
wildlife habitat conservation areas that are located within the city's shoreline jurisdiction according to
the city's shoreline master program are regulated through the provisions of this chapter.
(1) Streams. All streams which meet the criteria for Type F/2, Np/3, Ns/4 and 5 waters as set forth in the
DNR water rating system (see Table 5).
(2) Lakes Less Than 20 Acres in Surface Area. Those lakes which meet the criteria for Type 2, 3, 4 and 5
waters as set forth in WAC 222-16-030, as now or hereafter amended. This includes lakes and ponds less
than 20 acres in surface area and their submerged aquatic beds, and lakes and ponds planted with game
fish by a governmental or tribal authority.
{ L3) Habitats recognized by federal or state agencies for federal and/or state listed endangered,
threatened and sensitive species documented in maps or databases available to Kitsap County and
which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long
term.
(44) Areas targeted for preservation by the federal, state and/or local government which provide fish
and wildlife habitat benefits, such as important waterfowl areas identified by the U.S. Fish and Wildlife
Service.
(i45) Areas that contain priority habitats or priority species.
(6) Areas that contain habitats and species of local importance.
{ L7) Habitats for state listed candidate and monitored species documented in maps or databases
available to Kitsap County and its citizens, and which, if altered, may reduce the likelihood that the
species will maintain and reproduce over the long term.
(48) Habitats which include attributes such as comparatively high wildlife density; high wildlife species
richness; significant wildlife breeding habitat, seasonal ranges, wildlife corridors, or movement corridors
of limited availability and/or high vulnerability. These habitats may include caves, cliffs, islands,
meadows, old-growth/mature forest, snag -rich areas, talus slopes, and urban natural open space. (Ord.
019-17 § 18 (Exh. 1)).
20.162.=068 Development standards.
Those regulated uses identified below within designated fish and wildlife habitat conservation areas
shall comply with the performance standards outlined in this section. PeteRtial iY.. pac- ss +„ fish ^4
istenr .yirh A. ele N of this eh-.p+eF shall be p ed
(,) guffeF and Building S tbaeh R qui.-,,.... ent-s Buffe f e (1) Habitat Assessment Report and
Management Plan. For all regulated uses and activity proposed on a site which contains or is within 300
feet of fish and wildlife habitat conservation area, a habitat assessment shall be prepared by a qualified
wildlife biologist. The habitat assessment shall identify of all fish and wildlife habitat conservation areas
and its buffer, an analysis of species or habitats known or suspected, and assessment of project impact
or effect on the fish and wildlife habitat conservation area or its riparian management zone. If it is
determined that a fish and wildlife habitat conservation area or its riparian management zone does not
occur on or within 300 feet of the site, or if it is demonstrated that the project will comply with the
standard riparian management zone width and building setback requirements, the project may proceed
without any additional requirements under this section. If it is determined that a fish and wildlife habitat
conservation area does occur on or within 300 feet of the site, and there will be potential temporary or
permanent impacts to a fish and wildlife habitat conservation area or a modification to the riparian
management zone width and/or building setback is proposed, a habitat management plan according to
Article VIII of this chapter shall be prepared.
2) Riparian Management Zones and Buildine Setback Reauirements. Riparian manaeement zones (RMZ
and setbacks shall be maintained along the perimeter of fish and wildlife habitat conservation areas, as
listed in Table 5. Distances shall be measured from the edge of the channel migration zone (CMZ), where
identified, or the ordinary high water mark (OHM) OF f"^"" the tep "f the -hank iAF"^r^ the ^H"" GaRREA
"^ ideRtif ed] °i-ff^.r,OHWM), whichever is greater. Riparian management zones shall be retained in
their natural condition.it is aecepteble, hooweve;, tee e„hanee the except where the buffer by planting
^digeneus getatien as appFeved by the depaFtmentcan be enhanced to improve its functional
attributes. Riparian management zones do not apply to those segments of stream that are piped.
I onnnr 20.162.032, E.,empti ns 4 PQMC 20 62o nn Exc pti n PQMG 20 62 036 Variances,
o-ncrr 20.162.038, NwrE9nf,-,ing _ Existing stF et
Via. The h, -#ferriparian management zone width shall be increased to include streamside wetlands which
provide overflow storage for stormwaters, feed water back to the stream during low flows or
provide shelter and food for fish. In braided channels, the E)FdinaFy high ;•V-*^r m-r'-OHWM or top of
bank shall be defined so as to include the entire stream feature. Refuse shall not be placed in
ha riparian management zone.
gib. Where a legally established substantial improvement or development transects a b4#erriparian
management zone, the director may approve a modification of the minimum required h. -#fecRMZ to
the edge of the substantial improvement or development if the part of the bu#fecriparian
management zone on the other side of said feature does not provide any buffer functions to protect
the fish and wildlife habitat conservation area in question.
c. An additional building setback of 15 feet is required from the edge of all fish and wildlife habitat
conservation areas.
i. Minor structural impervious surface intrusions into the building setback may be permitted
on a case -by -case basis when an applicant demonstrates to the department that the
proposed intrusion would not adversely affect buffer function.
d. Standard buffers and building setbacks for fish and wildlife habitat conservation areas shall be
required for all regulated uses and activities as per Table 5 of this Article.
e. If the riparian management zone includes a geologically hazardous area(s), the standard riparian
management zone width is greater than the extent of the geologically hazardous area or the riparian
management zone extends to the top of slope of the geologically hazardous areas, the applicable
riparian manacement zone will be whichever width is treater.
(3) Riparian Management Zone Interruptions. Where a legally established developed roadway or
permanent substantial improvement transects a critical fish and wildlife habitat conservation area
riparian management zone, the director may approve a modification of the minimum required riparian
management zone to the edge of the roadway or substantial improvement. The permanent substantial
development must serve to eliminate or ereatly reduce function of the riparian manaeement zone.
Table 5
CATEGORY
"IFF€RRIPARIAN MANAGEMENT ZONE WIDTH
STANDARD
Streams
Water Type
F
150 feet
Np
feet
Ns
feet
Lakes — Less Than 20 Acres (Non -Type 1 Waters of the State)
Zoning Designation
Community Facilities
50 feet
Commercial, Mixed Use
50 feet
Employment
50 feet
Greenbelt, Residential
35 feet
Class 1
rr^rrPth-;.,L.- will h...J..r..rw.i... d
yVi.J+hs and
+hre gh m ndatery habit .r r.l-.r,
Clas-s-11
land
Site . ,III rdjet ,r.,...ne the r, pr] fAr
specifie ceenditiens
the A-f habitat fer buffer. idthr
p FatiA-.p a plan
setbacks.
(Ord. 033-20 § 14; Ord. 019-17 § 18 (Exh. 1)).
.(4) Bttff-et! Reduetions. Buff-er- width t!eduetions shall be eonsidet!ed on a ease by ease ba
Specific Riparian Management Zone Development Standards.
Riparian management zones are a critical area and have the dot^,.tfner.t that the prop
r-edttetion woti ,a "^+ ^,awr-sely off et the potential to provide ecosystem functions for bank
stability, shade, pollution removal, recruitment of large woody debris, and wildlife habitat.
Development is prohibited in the RMZ, except as follows:
(a) Mitigation sequencing is demonstrated as defined in Article I of this Chapter and included an
approved habitat management plan;
(b) Any permanent impacts occur in the outer 25 percent of the RMZ;
:) It will result in no net loss of the fish and wildlife habitat conservation area or riparian
management zone in question.
of the buffer- width.
L
�4(d) It will not leas to adveFse adversely affect water quality, lead to unstable earth
conditions, or create an erosion hazard;
(e) Meets the exemptions or exception requirements defined under Title I of this Chapter.
�4(f) As part of the buff- r reactetio r-egtt any proposal, an applicant shall submit a buffer
enhancement plan consistent with Article XHVIII of this Chapter.
S) Stream Crossings. Any private or public road expansion or construction which is allowed and must
cross streams classified within this chaster shall comply with the following minimum development
Standards -
(a) Bridges or bottomless culverts shall be required for all streams which support fish life, unless a
habitat management plan is submitted which demonstrates that other alternatives would not result in
significant impacts to the fish and wildlife habitat conservation area and as determined appropriate
through the Hydraulic Protect Approval process administered by the Washington State Department of
Fish and Wildlife;
(b) Crossings shall not occur in salmonid spawning areas unless no other feasible crossing site exists. For
new development proposals, if existing crossings are determined to adversely impact salmon spawning
or passage areas, new or upgraded crossings shall be located as determined necessary through
coordination with the Washineton Department of Fish and Wildlife:
(c) Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high
water marks unless no other feasible alternative placement exists;
(d) Crossings shall not diminish flood -carrying capacity;
(e) Crossings shall serve multiple properties whenever possible;
(f) Publicly owned or maintained road or street crossing shall provide for other purposes, such as utility
crossing, pedestrian or bicycle easements, viewing points, whenever possible;
(g) Where there is no reasonable alternative to providing a conventional culvert, the culvert shall be the
minimum length necessary to accommodate the permitted activity. If located on a stream containing
fish and wildlife habitat per WAC 222-16-030, the culvert shall be designed in accordance with the
Washington Department of Fish and Wildlife's 2013 Water Crossing Guidelines (or as amended).
(6) Stream Relocations. Stream relocations for the purpose of flood protection and/or fisheries
restoration shall only be permitted when adhering to the following minimum performance standards
and when consistent with Washington State Department of Fish and Wildlife's Hydraulic Protect
Approval, and any other local, state or federal permits:
(a) The channel, bank and buffer should be replanted with native vegetation that replicates a natural,
undisturbed riparian condition;
(b) For those shorelands and waters prone to flooding, a professional engineer licensed in the state of
Washiniaton shall provide information demonstratine that the eauivalent base flood storaee volume and
function will be maintained:
(c) Relocated stream channels shall be designed to meet or exceed the functions and values of the
stream to be relocated; and
(d) Relocation proposal shall include an evaluation report addressing potential downstream impacts to
public and private properties, critical areas and listed species; changes to hydroperiod, water quality,
flooding frequency or severity; and any necessary downstream stormwater facility improvements
associated with the relocation.
(7) Incentives for stream restoration. The city of Port Orchard encourages efforts to daylight a piped
segment of a naturally occurring stream to restore historical functions and values those features
provided. In support of daylighting a stream the city recognizes this type of restoration effort will
require a protect to establish a stream buffer. The city will allow for a 75 percent buffer reduction of the
applicable stream buffer as defined in Table 5. Pending approval, an applicant shall demonstrate that a
proposed daylighting proposal meets all of the decision criteria listed below.
(a) The proposed restoration is not associated with compensatory mitigation of a specific development
rp oject;
(b) Any proposed stream restoration shall prepare a habitat management plan consistent with the
requirements defined in Article VIII of this Chapter;
(c) No Net Loss. An analysis shall be prepared to demonstrate how the proposed stream restoration will
improve riparian habitat and demonstrate how buffer functions of the reduced buffer will provide
functions similar to the standard buffer to ensure no net loss of ecological functions and processes;
d) Stream bed shall consist of a suitable substrate material consistent with WDFW's euidelines:
(e) The stream buffer shall be planted with an assortment of native vegetation and shall comply with the
applicable mitigation reporting monitoring requirements defined in 20.162.096 and 20.162.0"068 of
this chapter;
(f) The applicant shall demonstrate to the city that all other applicable state and federal permits have
been obtained.(6) Streambank stabilization to protect structures from future channel migration is
achieved through bioengineering, soft armoring, or recommended techniques in accordance with an
approved habitat management plan and the guidance of WDFW's Washington State Integrated
Streambank Protection Guidance (2002, as amended).
20.162.070 Additional development standards for regulated uses.
In addition to meeting the development standards in this article, those regulated uses identified below
shall also comply with the standards of this section and other applicable state, federal and local
ordinances.
{2L1) Agricultural Restrictions. In all development proposals which would permit introduction of
agricultural uses, damage to regulated fish and wildlife habitat conservation areas shall be avoided. Fish
and wildlife habitat conservation areas shall be avoided by one of the following methods:
(a) Implementation of a farm conservation plan agreed upon by the conservation district and the
applicant to protect and enhance the water quality of the fish and wildlife habitat conservation area;
and/or
(b) Fencing located not closer than the outer buffer edge.
{4L2) Land Divisions and Land Use Permits. All proposed divisions of land and land uses (including but not
limited to the following: boundary or lot line adjustments, short plats, large lot subdivisions, master
planned resorts, planned residential developments, conditional use permits, site plan reviews, binding
site plans) which include regulated fish and wildlife habitat conservation areas shall comply with the
following procedures and development standards:
(a) Regulated fish and wildlife habitat conservation areas, except the area with permanent open water,
and fish and wildlife habitat conservation area buffers may be included in the calculation of minimum lot
area for proposed lots; provided, that other standards, including subsection (5)(c) of this sectie4q-, are
met.
(b) Land division approvals shall be conditioned to require that regulated fish and wildlife habitat
conservation areas and regulated fish and wildlife habitat conservation area buffers be dedicated as
open space tracts, or an easement or covenant encumbering the Lot with the fish and wildlife habitat
conservation areas and fish and wildlife habitat conservation area buffer. Such dedication, easement or
covenant shall be recorded together with the land division and represented on the final plat, short plat
or binding site plan, and title.
(d) After preliminary approval and prior to final land division approval, the department shall require the
common boundary between a regulated fish and wildlife habitat conservation area or associated buffer
and the adjacent land be identified using permanent signs and/or fencing. In lieu of signs and/or fencing,
alternative methods of fish and wildlife habitat conservation area and buffer identification may be
approved when such methods are determined by the department to provide adequate protection to the
fish and wildlife habitat conservation area and buffer.
(§3) Trails and Trail -Related Facilities. Construction of public and private trails and trail -related facilities,
such as benches and viewing platforms, may be allowed in fish and wildlife habitat conservation area
buffers pursuant to the following guidelines:
(a) Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility
corridors, or any other previously disturbed areas.
(b) Trails and related facilities shall be planned to minimize removal of trees, soil disturbance and
existing hydrological characteristics, shrubs, snags and important wildlife habitat.
(c) Viewing platforms and benches, and access to them, shall be designed and located to minimize
disturbance of wildlife habitat and/or critical characteristics of the affected fish and wildlife habitat
conservation area.
(d) Trails and related facilities shall generally be located outside required buffers. Where trails are
permitted within buffers they shall be located in the outer 25 percent of the buffer and a minimum of 25
feet from the fish and wildlife habitat conservation areas edge, except where stream crossings have
been approved.
(e) Trails shall generally be limited to pedestrian use and pervious surfaces no more than five feet in
width, unless other more intensive uses, such as bike or horse trails, have been specifically allowed and
mitigation has been provided.
(f) Circular (loop) trails are discouraged, as they have the potential to encircle critical areas and cut off
habitat connectivity for smaller species.
(7-4) Utilities in fish and wildlife habitat conservation area or ` .1efl- nd Buffef their buffers.
(a) Construction of new utilities outside the road right-of-way or existing utility corridors may be
permitted in fish and wildlife habitat conservation area or wetland buffers, only when no reasonable
alternative location is available and the utility corridor meets the requirements for installation,
replacement of vegetation and maintenance outlined below, and as required in the filing and approval
of applicable permits and special reports required by this chapter.
(b) Sewer or On -Site Sewage Utility. Construction of sewer lines or on -site sewage systems may be
permitted in regulated {*r-h _nf ; *'H"*f^ hab*t t CA_Rservat*E)R area buffefEi management zones
only when:
PF
(i) The applicant demonstrates it is necessary to meet state and/or local health code minimum design
standards (not requiring a variance for either horizontal setback or vertical separation): and/or
(ii) The
applicant sufficiently demonstrates the mitigation sequencing requirements efdefined in this
stien.Chapter to show all avoidance and minimization measures have been considered. Joint use of
the sewer utility corridor by other utilities may be allowed.
NO New utility corridors shall be aligned, when possible, to avoid cutting trees greater than 12 inches in
diameter at breast height (four and one-half feet), measured on the uphill side.
(iv) On -site sewage systems shall be located in the outer 25 percent of the riparian management zone.
(c) New utility corridors shall not be allowed when the regulated fish and wildlife habitat conservation
area or buffer has known locations of federal or state listed endangered, threatened or sensitive
species, heron rookeries or nesting sites of raptors which are listed as state candidate or state monitor,
except in those circumstances where an approved habitat management plan indicates that the utility
corridor will not significantly impact the fish and wildlife habitat conservation area-ert buffer, or species.
(d) New utility corridor construction and maintenance shall protect the regulated fish and wildlife
habitat conservation area and h- -fferriparian management zone environment by utilizing the following
methods:
(i) New utility corridors shall be aligned when possible to avoid cutting trees greater than 12 inches in
diameter at breast height (four and one-half feet), measured on the uphill side.
(ii) New utility corridors shall be revegetated with appropriate native vegetation at preconstruction
densities or greater, immediately upon completion of construction, or as soon thereafter as possible, if
due to seasonal growing constraints. The utility shall ensure that such vegetation survives.
(iii) Any additional utility corridor access for maintenance shall be provided as much as possible at
specific points, rather than by parallel roads. If parallel roads are necessary, they shall be of a minimum
width but no greater than 15 feet; and shall be contiguous to the location of the utility corridor on the
side away from the fish and wildlife habitat conservation area. Mitigation will be required for any
additional access through restoration of vegetation in disturbed areas.
(iv) The department may require other additional mitigation measures.
(e) Utility corridor maintenance shall include the following measures to protect the regulated fish and
wildlife habitat conservation area and buffer environment:
(i) Where feasible, painting of utility equipment such as power towers shall not be sprayed or
sandblasted, nor should lead -based paints be used.
(ii) No pesticides, herbicides or fertilizers may be used in fish and wildlife habitat conservation areas or
their buffers except those approved by the EPA and Ecology. Where approved, herbicides must be
applied by a licensed applicator in accordance with the safe application practices on the label. Within
fish and wildlife habitat conservation areas, the applicator must be licensed to use aquatic herbicides.
(f) For utility work in fish and wildlife habitat conservation area or in -water, it shall be the applicant's
responsibility to obtain all necessary state and federal approvals before beginning work. (Ord. 019-17
§ 18 (Exh. 1)).
20.162.0-74072 Purpose.
This chapter applies to all regulated uses included in the critical areas ordinance within 300 feet of areas
designated as geologically hazardous areas, as categorized in POMC 20.162.076. The intent of this
chapter is to:
(1) Provide standards to protect human life and property from potential risks;
(2) Control erosion, siltation, and water quality to protect fish and marine shellfish;
(3) Provide controls to minimize erosion caused by human activity;
(4) Use innovative site planning by placing geologically hazardous areas and buffers in open space and
transferring density to more suitable areas on the site. (Ord. 010-18 § 29; Ord. 019-17 § 18 (Exh. 1)).
20.162.076074 Geologically hazardous area categories.
The following categories shall be used in classifying geologically hazardous areas:
(1) Geologically Hazardous Areas.
(a) Areas with slopes greater than 30 percent and mapped by the Coastal Zone Atlas or spatial GIS data
provided by the Washington Geologic Information Portal! as unstable (U), unstable old land slides (UOS)
or unstable recent slides (URS).
(b) Areas with slopes greater than 30 percent in grade and deemed by a qualified geologist or
geotechnical engineer to meet the criteria of U, UOS, or URS.
(2) Areas of Geologic Concern.
(a) Areas designated U, UOS, or URS in the Coastal Zone Atlas or spatial GIS data provided by the
Washington Geologic Information, with slopes less than 30 percent; or areas found by a qualified
geologist to meet the criteria for U, URS, and UOS with slopes less than 30 percent; or
(b) Slopes identified as intermediate (1) in the Coastal Zone Atlas or spatial GIS data provided by the
Washington Geologic Information, or areas found by a qualified geologist to meet the criteria of I; or
(c) Slopes 15 percent or greater, not classified as I, U, UOS, or URS, with soils classified by the Natural
Resources Conservation Service as "highly erodible" or "potentially highly erodible"; or
(d) Slopes of 15 percent or greater with springs or groundwater seepage not identified in subsection
(2)(a), (b), or (c) of this section; or
(e) Seismic areas subject to liquefaction from earthquakes (seismic hazard areas) such as hydric soils as
identified by the Natural Resources Conservation Service, and areas that have been filled to make a site
more suitable. Seismic areas may include former wetlands, which have been covered with fill; or
(f) Areas with any indications of earth movement such as debris slides, earthflows, slumps and rock falls;
or
(g) Areas with artificial oversteepened or unengineered slopes, i.e., cuts or fills; or
(h) Areas oversteepened or otherwise unstable as a result of stream incision, stream bank erosion, and
undercutting by wave action.
(3) Site -Specific Determination — Geological and Geotechnical Report Provisions. Should the applicant
question the information the city must rely on to determine whether a location contains a geologically
hazardous area or area of geologic concern, the city may ask the applicant to submit the appropriate
geotechnical or geologic report to confirm or modify the existing information known about the area. The
requirements for these reports are contained in Articles VIII and X of this chapter.
The intent of this provision is to allow obviously nongeologically hazardous sites to be determined as
such. Where there is any ambiguity about the potential for geologic hazards whatsoever, the
department will require a geotechnical or geological report, rather than make a nongeologically
hazardous determination. (Ord. 010-18 § 30; Ord. 019-17 § 18 (Exh. 1)).
20.162.An076 Development standards.
This chapter applies to all regulated uses in this chapter or within 300 feet of areas designated as
geologically hazardous or areas of concern. Permit applications include submittals for clearing, grading
and building on property containing geologically hazardous areas. Submittal documents prepared by a
licensed engineer may also be required by the department, pursuant to the city's stormwater
regulations.
(1) Geologically Hazardous Areas and Areas of Geologic Concern.
(a) Approval. Where applicable the department will approve, approve with conditions or deny the
development proposal based on the department's evaluation of specific site conditions. The department
will also consider any proposed mitigation measures included in a geotechnical report, if one is
submitted.
(b) Public Works Requirements. The applicant shall submit a land disturbing activity permit application
to the department. The application and supporting documents shall be completed by a professional
engineer licensed in the state of Washington. The submittal documents shall be determined on a site -
specific basis. The documents may include any combination of, but not be limited to, construction plans,
details and specifications for clearing, grading, erosion and sedimentation control, and stormwater
drainage and detailed hydrological, geotechnical, soils, and drainage reports and analyses.
(c) Minimum Buffer Requirement. The buffer for all geologically hazardous areas and areas of geologic
concern shall include native vegetation from the toe of the slope to 25 feet beyond the top of the slope
unless otherwise allowed through a geological report or a site -specific determination.
(d) Building/Impervious Surface Setback Requirements.
(i) Geologically Hazardous Areas. The minimum building and impervious surface setback from the top of
slope shall be equal to the height of the slope (1:1 horizontal to vertical) plus the greater of one-third of
the vertical slope height or 25 feet.
(ii) Areas of Geologic Concern. A minimum 40-foot building and impervious surface setback shall be
maintained from the top of slope. As required in subsection (1)(c) of this section, the 25 feet adjacent to
the top of the slope shall be retained as a native vegetation buffer, with an additional minimum 15-foot
building and impervious surface setback. The department may decrease the setback when such a
setback would result in a greater than 1:1 slope setback or as may be allowed through a geological
report or a site -specific determination.
(iii) Toe of Slope Building Setback. A geotechnical report may be required for any new construction
within 2-G0300 feet of a geologically hazardous area. The department will make a determination based
on slope height and stability indicators. Where slope hazard indicators are not identified, the
requirements of the International Building Code Section 1805 or Section R403 will apply.
(e) Buffer and Building Setback Modifications — Report Recommendations. The minimum native
vegetation buffer and/or building setback requirement may be decreased if a geotechnical report
demonstrates that a lesser distance, through design and engineering solutions, will adequately protect
both the proposed development and the erosion hazard and/or landslide hazard area (see Articles VIII
and X of this chapter for geological and geotechnical report requirements). Should the geotechnical
report indicate that a greater buffer and/or building setback is required than specified in this section,
the greater buffer and/or building setback shall be required. The department may determine through a
site visit, a special report or mapping, that an increased buffer and/or building setback is required from
the critical area.
(f) Time Limitations. For major new development, and where required for minor new development,
clearing, and grading, shall be limited to the period between May 1st to October 1st, unless the
applicant provides an erosion and sedimentation control plan prepared by a professional engineer
licensed in the state of Washington that specifically and realistically identifies methods of erosion
control for wet weather conditions.
(g) Field Marking Requirements. For major new development, the proposed clearing for the project and
all critical area buffers shall be marked in the field for inspection and approval by the department prior
to beginning work. Field marking requirements for minor new development will be determined on a
case -by -case basis by the department. The field marking of all buffers shall remain in place until
construction is completed and final approval is granted by the department. Permanent marking may be
required as determined necessary to protect critical areas or their buffers.
(h) Cut and Fill Slopes. The faces of all cut and fill slopes shall be protected to prevent erosion as
required by the engineered erosion and sedimentation control plan.
(i) Development Impact Standards. All discharge of runoff from the development site shall be of like
quality, flow rate, and velocity as that which flowed from the site prior to development. In addition, all
stormwater flows shall be accepted onto, and shall be discharged from, the development site at the
natural or otherwise legally existing locations. The proposed development shall not decrease the slope
stability of any area within 200 feet of the property boundary.
(j) Development Risk Standard. In cases where a special report indicates a significant risk to public
health, safety and welfare, the department shall deny or require revision of the site development
proposal.
(k) Additional Clearing Standards.
(i) Only the clearing necessary to install temporary erosion control measures will be allowed prior to the
clearing for roads and utilities construction.
(ii) Clearing for roads and utilities shall be the minimum necessary and shall remain within marked
construction limits.
(iii) Clearing for overhead power lines shall be the minimum necessary for construction and will provide
the required minimum clearances of the serving utility.
(1) Existing Logging Roads. Where existing logging roads occur in geologically hazardous areas or areas of
geologic concern, a geological or geotechnical report may be required prior to use as a temporary haul
road or permanent access road under a conversion or COHP forest practices application.
(n) Vegetation Enhancement. The department may require enhancement of buffer vegetation to
increase protection to geologically hazardous areas or areas of geologic concern.
(o) Seismic Hazard Area Development Standards.
(i) Proposed new development within a seismic hazard area shall be in accordance with the
Building Ced ( BC) E Earthquake Design Sta . 2 f Washington State- Building
aa�� cvac voc �a� u� aarcc c�co�� ��a ndards fer Seismic Risl� 7ene��
Code as adopted in POMC 20.200.
(ii) Applicants for public and commercial building proposals within seismic hazard areas shall submit a
geotechnical report addressing any fill or grading that has occurred on the subject parcel. Any fill placed
for such development shall have documented construction monitoring as required by the International
Building Code.
(iii) All major new development in seismic hazard areas shall require a geotechnical report. Minor new
development may also require a geotechnical report, as determined by the department.
(iv) The development proposal may be approved, approved with conditions or denied based on the
department's evaluation of the proposed mitigation measures to reduce seismic risk.
(2) Prohibitions.
(a) Critical facilities, as defined in Article II of this chapter, are prohibited in geologically hazardous areas.
(b) In geologically hazardous areas with slopes greater than 80 percent, no development will be allowed
either on or within the defined buffer area, unless approved by the department after review of a
geotechnical report. The defined buffer zone for geologically hazardous areas is defined in subsection
(1)(d) of this section.
(c) On -site sewage disposal should be avoided in geologically hazardous areas and their buffers. In cases
where such areas cannot be avoided, review by a geologist or a geotechnical engineer licensed in the
state of Washington will be required in coordination with the Bremerton-Kitsap County health district.
(Ord. 010-18 § 31; Ord. 019-17 § 18 (Exh. 1)).
20.162.MO78 Purpose and requirements.
The purpose of this article is to protect the public health, safety and welfare from harm caused by
flooding. It is also the intent to prevent damage and/or loss to both public and private property.
Pursuant to this purpose, the city uses Chapter 20.170 POMC, Flood Damage Prevention, adopted by
reference, which designates special flood hazard areas and establishes permit requirements for these
areas.
In addition, the Kitsap County GIS database for critical drainage areas of the stormwater management
regulations will be included for areas of review under frequently flooded areas. (Ord. 019-17 § 18 (Exh.
1)).
Article VII. Critical Aquifer Recharge Areas
20.162.092080 Purpose.
The intent of this article is to provide water quality protection associated with aquifer recharge areas
through the regulation of land use activities that pose a potential contaminant threat or could increase
the vulnerability of the aquifer. It is the policy of the city to accomplish the following:
(1) Identify, preserve and protect aquifer recharge areas and prevent degradation of the quality of
potable groundwater;
(2) Recognize the relationship between surface and groundwater resources; and
(3) Balance competing needs for water while preserving essential natural functions/processes. (Ord.
019-17 § 18 (Exh. 1)).
20.162.084082 Critical aquifer recharge area categories.
A critical aquifer recharge area is a geographical area which provides the recharge to an aquifer(s) which
is a current or potential potable water source and, due to its geological properties, is highly susceptible
to the introduction of pollutants, or because of special circumstances, has been designated as a critical
aquifer recharge area in accordance with WAC 365-190-080 by the city. Critical aquifer recharge areas
under this chapter may be established based on general criteria or specifically designated due to special
circumstances.
(1) Category I — Critical Aquifer Recharge Areas. The following general criterion is established to
designate critical aquifer recharge areas: wellhead protection zones around Group A water system
supply wells:
(a) Areas inside the one-year time of travel zone for Group A water system wells, calculated in
accordance with the Washington State Well Head Protection Program.
(b) Five-year time of travel zones in wellhead protection areas are included as critical aquifer recharge
areas under the following condition: The five-year time of travel zone is included when the well draws
its water from an aquifer that is at or above sea level and is overlain by permeable soils listed in
subsection (2)(a) of this section without an underlying protective impermeable layer (see below).
(2) Category II — Aquifer Recharge Areas of Concern. Areas which provide recharge to aquifers that
provide current or potential potable water supplies and are vulnerable to contamination, and meet any
one of the following general criteria:
(a) Highly Permeable Soils — Locations Where Surface Soil Layers Are Highly Permeable. Soils that have
relatively high permeability and high infiltration potential may provide for groundwater recharge, but
also may enhance transfer of contaminants from the surface to groundwater. For these reasons the
locations where surface soils are highly permeable are considered aquifer recharge areas of concern.
The general location and characteristics of soils in Kitsap County and the city is given in the Soil Survey of
Kitsap County by the U.S. Department of Agriculture, Natural Resources Conservation Service (SCS). The
soil survey information is available on the Kitsap County geographic information system (GIS). The
following soil types are considered to have relatively high permeability and are aquifer recharge areas of
concern.
The following soils have relatively high infiltration:
SCS Soil Name
SCS Soil Map Units
Grove
11, 12, 13
Indianola
18, 19, 20, 21
Neilton
34, 35, 36
Norma
37,38
Poulsbo/Ragnar
41, 42, 43, 44, 45, 46, 47
(b) Areas Above Shallow Principal Aquifers. Surface areas above shallow principal aquifer(s) which are
not separated from the underlying aquifers by an impermeable layer that provides adequate protections
to preclude the proposed land use from contaminating the shallow aquifer(s) below are considered
aquifer recharge areas of concern. This generally includes principal aquifers in subsurface hydrogeologic
units Og1, Og1a, Ogg and portions of Og3 that are within 300 feet of the ground surface. (Ord. 019-17
§ 18 (Exh. 1)).
20.162.N6084 Development standards.
Standards for development shall be in accordance with the provisions below and the requirements of
the underlying zoning:
(1) A hydrogeological report will be required on sites that have been identified as having characteristics
with high infiltration rates, or having a high aquifer recharge or infiltration potential for land uses
identified in Table 20.162.086, unless determined unnecessary upon coordination with agencies with
jurisdiction (Bremerton-Kitsap County health district and/or affected water purveyors). This evaluation
shall apply to impacts on both groundwater and surface water, as it relates to recharge areas (see
requirements in Article VIII of this chapter, Special Reports).
(2) Affected water purveyors will be notified and requested to comment during the preliminary phases
of the city's review process on the proposed land use and potential impacts. The purveyor may
recommend appropriate mitigation to reduce potential impacts. The department will consider these
recommendations to develop appropriate permit conditions.
(3) This section shall not affect any right to use or appropriate water as allowed under state or federal
law. In addition, these requirements do not apply to those activities which have potential contaminant
sources below threshold amounts as set forth in applicable state RCWs or local regulations.
In addition to the general standards above, the following will apply:
(a) Category I — Critical Aquifer Recharge Areas. Land uses identified in Table 20.162.086 are prohibited
in critical aquifer recharge areas. Requests for waivers shall include a hydrogeological report, which
includes a detailed risk -benefit analysis that considers credible, worst -case scenarios. The waiver will be
evaluated and treated as a special use review, similar to the review process in Article VIII of this chapter,
Special Reports, by the review department, the health district, and the affected water purveyors.
(b) Category II — Aquifer Recharge Areas of Concern. Applicants proposing operations that pose a
potential threat to groundwater as defined in Table 20.162.086 in aquifer recharge areas of concern
may be required to submit a hydrogeological report. The scope of the report shall be based on site -
specific conditions. The need for additional information will be determined by the department, the
health district and the affected water purveyor. Based on the results of the report, controls, mitigation,
and/or other requirements will be established as a prerequisite for the development proposal being
approved.
(c) The department will also notify the health district and affected water purveyors through the
environmental review process when those development activities listed in Table 20.162.086 are
proposed outside the areas designated critical aquifer recharge areas and aquifer recharge areas of
concern.
Table 20.162.086: Operations with Potential
Threat to Groundwater
A. Above and below ground storage tanks
1. Hazardous and industrial waste
treatment
2. Hazardous and industrial waste storage
3. Hazardous material storage
B. Animal feedlots
C. Commercial operations
*1.
Gas stations/service stations/truck
terminals
2.
Petroleum distributors/storage
*3.
Auto body repair shops/rust proofers
4.
Auto chemical supply stores/retailers
*5.
Truck, automobile, and combustion
engine repair shops
*6.
Dry cleaners
*7.
Photo processors
*8.
Auto washes
*9.
Laundromats
*10. Beauty salons
11. Research or chemical testing laboratories
which handle significant quantities of
hazardous materials
12. Food processors/meat packers/slaughter
houses
13. Airport-maintenance/fueling operation
areas
14. Junk and salvage yards
15. Storing or processing manure, feed, or
other agriculture by-products by
commercially permitted businesses
*16. Large scale storage or use of pesticides,
insecticides, herbicides, or fertilizer by
commercial or agricultural operations
D. Deep injection wells
1. Wastewater disposal wells
2. Oil and gas activity disposal wells
3. Mineral extraction disposal wells
E. De-icing salts storage piles
F. Industrial operations
*1. Furniture strippers/painters/finishers
2. Concrete/asphalt/tar/coal companies
3. Industrial manufacturers: chemicals,
pesticides/herbicides, paper, leather
products, textiles, rubber,
plastic/fiberglass, silicone/glass,
pharmaceuticals, electrical equipment
4. Metal platers/heat treaters/smelters/
annealers/descalers
5. Wood preserves
6. Chemical reclamation facilities
*7. Boat refinishers
G. Land application
1. Wastewater application (spray irrigation)
2. Wastewater byproduct (sludge)
application
3. Petroleum refining waste application
4. Hazardous waste applications
H. Landfills
1. Industrial hazardous and nonhazardous
landfill
2. Municipal sanitary landfill
I. Material transfer operations
1. Hazardous and industrial waste transfers
2. Hazardous material transfers
J. Materials stockpiles
K. Mining and mine drainage
L. On -site septic systems (LOSS category) of
greater than 14,500 G.P.D. capacity without
pretreatment
M. Pipelines
1. Hazardous and industrial waste transfer
2. Hazardous material transfer
N. Radioactive disposal sites
O. Sand and gravel mining operations
*P. Marina
*If not on a sewer system with a treatment plant.
(Ord. 019-17 § 18 (Exh. 1)).
20.162.AU086 Purpose.
The following special reports may be required to provide environmental information and to present
proposed strategies for maintaining, protecting and/or mitigating critical areas:
LIL{4}Wetland report/wetiand mitigatien
(2) Mitigation plan;
{2}LLHabitat management plan;
(34) Geotechnical report/geological report;
(45) Hydrogeological report. (Ord. 019-17 § 18 (Exh. 1)).
20.162.A1A088 When required.
Special reports shall be submitted by the applicant and approved by the department for regulated uses
when required by this chapter for the protection of a critical area. Refer to specific critical area
protection standards when special reports are required. (Ord. 019-17 § 18 (Exh. 1)).
20.162.M090 Special reports — Responsibility for completion.
The applicant shall pay for or reimburse the city for the costs incurred in the preparation of special
reports or tests and for the costs incurred by the city to engage technical consultants or staff for review
and interpretation of data and findings submitted by or on behalf of the applicant. The applicant shall
pay permit fees or technical assistance fees as required by the city. In such circumstances where a
conflict in the findings of a special report and the findings of the city in review of the special report
exists, the applicant or affected party may appeal such decisions of the city pursuant to the appeal
procedures as provided in this title. (Ord. 019-17 § 18 (Exh. 1)).
20.162.994092 Qualifications of professionals.
Any special report prepared by a professional as described in this article shall include his or her resume,
or other list of qualifications, to aid the department in assessing these qualifications. (Ord. 019-17 § 18
(Exh. 1)).
20.162.0"094 Wetland reportswetiand mitigation plan.
(1) Wetland Delineation Report. A wetland report shall include, but not necessarily be limited to, the
following:
(a) Vicinity map;
(b) When available, a copy of a National Wetland Inventory Map (U.S. Fish and Wildlife Service) and/or a
wetland inventory map, as approved by the city, identifying the wetlands on or within 300 feet of the
site;
(c) A site map setting forth all of the following:
(i) Surveyed wetland boundaries based upon delineation by a wetland specialist;
(ii) Site boundary property lines and roads;
(iii) Internal property lines, right-of-way, easements, etc.;
(iv) Existing physical features of the site including buildings, fences, and other structures, roads, parking
lots, utilities, water bodies, etc.;
(v) Contours at the smallest readily available intervals, preferably at two -foot intervals;
(vi) Hydrologic mapping showing patterns of surface water movement and known subsurface water
movement into, through, and out of the site area;
(vii) Location of all test holes and vegetation sample sites, numbered to correspond with flagging in the
field and field data sheets;
(viii) The department may require an air photo with overlays displaying the site boundaries and wetland
delineation;
(d) A report which includes the following:
(i) Location information (legal description, parcel number and address);
(ii) Delineation report. The wetland boundaries on the site established by the delineation shall be staked
and flagged in the field. If the wetland extends outside the site, the delineation report shall discuss all
wetland areas within 450300 feet of the site, but need only delineate those wetland boundaries within
the site;
(iii) General site conditions including topography, acreage, and surface areas of all wetlands identified in
the Kitsap County wetland atlas and water bodies within one -quarter mile of the subject wetland(s);
(iv) Hydrological analysis, including topography, of existing surface and known significant subsurface
flows into and out of the subject wetland(s);
(v) Analysis of functional values of existing wetlands, including vegetative, fauna, and hydrologic
conditions;
(e) A summary of proposed activity and potential impacts to the wetland(s);
(f) Recommended wetland category, including rationale for the recommendation;
(g) Recommended buffer boundaries, including rationale for boundary locations;
(h) Site plan of proposed activity, including location of all parcels, tracts, easements, roads, structures,
and other modifications to the existing site. The location of all wetlands and buffers shall be identified
on the site plan.
(2) Administrative Wetland Boundary and Ranking Evaluation.
(a) An informal determination of the regulated wetland boundary and an evaluation of any unranked
regulated wetland may be completed by the department for any minor new development project listed
in Article II of this chapter, unless the applicant wishes to employ a qualified wetland biologist at the
applicant's expense, or if such a report is required by the department. Fees may be collected for this
determination and evaluation.
(b) Methodology for delineation of the regulated wetland boundary shall be the plant community
assessment procedure, which is described in the ` aShi^^*^^ S*-*^ ^d
^^'i^^atien Manua' MaFeh 1997 ^d'^^' hereafter approved federal wetland delineation
manual and applicable regional supplements.
(c) The wetland boundary shall be field staked and this line shall be depicted on the building site plan
application.
(d) The regulated wetland boundary and regulated wetland buffer shall be identified on all grading,
building site, utility or other development plans submitted on the project.
(2) Wetland20.162.096 Mitigation Repertplan.
(al) Whenever the department has determined that losses of regulated wetland-scritical areas are
necessary and unavoidable, or a review of a regulated ..,critical area or its buffer is proposed, or
an exception to uses is allowed or a variance to standards is granted, a mitigation plan shall be prepared
which is considered in the following order of preference:
(+a) Avoiding the impact altogether by not taking a certain action or parts of actions. This may be
accomplished by selecting a reasonable alternative that does not involve we critical area or
wetlandcritical area impacts, applying reasonable mitigation measures, such as drainage and erosion
control, alternative site planning, and/or using best available technology. In reviewing development
proposals required to submit a wetlands mitigation plan, the department shall first determine if the
impact can be avoided (e.g., impacts cannot be avoided if denial of the development proposal or parts
thereof or mitigation measures would result in an extraordinary hardship and denial of reasonable use
of property).
(4b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by
using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. This may be
accomplished by selecting a reasonable alternative that avoids most wetiandcritical area impacts,
applying reasonable mitigation measures, such as drainage and erosion control, alternative site
planning, and/or using best available technology. In reviewing development proposals required to
submit a ^mod mitigation plan, the department shall determine if the impact can be first avoided and
secondly minimized. Impacts cannot be avoided or minimized if denial of the development proposal or
parts thereof or mitigation measures would result in an extraordinary hardship and denial of reasonable
use of property.
(+4c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. This may
be done by reestablishing ,.,critical area and wdcritical area buffer characteristics on a site
which have been lost by alterations or activities. Rectifying shall be accomplished in accordance with a
mitigation plan, which has been prepared in accordance with the requirements in subsection (3)(d) of
this section and has been approved by the department. In reviewing development proposals required to
submit a �°��d mitigation plan, the department shall determine if the impact should be rectified.
Impacts can be rectified if mitigation measures would not result in an extraordinary hardship and denial
of reasonable use of the property.
(+vd) Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments. Unless required elsewhere by this chapter, compensation shall occur on -site and be in -
kind. When it is adequately demonstrated that there is no feasible opportunity for on -site
compensation the director may approve an offsite compensatory approach. This may be done by
improving existing wetland critical areas and ,.,tea buffers at another location, or otherwise
providing a substitute WPflandcritical area resource at another location as compensation for any
unavoidable adverse ;•O^�d impacts. Compensating shall be accomplished in accordance with a
mitigation plan, which has been prepared in accordance with the requirements in subsection (34441of
this section and has been approved by the department. In reviewing development proposals required to
submit a wetland mitigation plan, the department shall determine if the impact should be compensated.
Impacts can be compensated if compensation and mitigation measures would not result in an
extraordinary hardship and denial of reasonable use of property. Compensation of w dcritical area
impacts may be waived by the department for development authorized by POMC 20.162.0- 4036,
Exceptions.
(b2) The overall goal of any mitigation plan shall be no net loss of regulated ,.,critical area
functions and acreage.
(e3) Those persons proposing �°��d compensatory mitigation projects shall show that the
compensation project is associated with an activity or development otherwise permitted and that the
restored, created, or enhanced wdcritical area will be as persistent as the ,.,dfeature it
replaces by accomplishing the following:
(+a) Demonstrate sufficient scientific expertise, supervisory capability, and financial resources to carry
out the project; and
(4b) Demonstrate the capability for monitoring the site and for making corrections during this period, if
the project fails to meet projected goals; and
(+4c) Protect and manage or provide for the protection and management of the compensation area to
avoid further development or degradation.
(d) Wetland mitt atien(4) Mitigation plans shall be implemented by the project applicant, and include
the following components:
(+a) Baseline Information. A written assessment and accompanying maps of the impacted wetiandcritical
area shall be produced by the applicant or applicant's consultant and shall include, at a minimum:
existing wetlandcritical area acreage; critical area functions; vegetative, faunal and hydrologic
characteristics; veil and r, "A.ratehabitat conditions; and topographic elevations.
(4b) If the compensation site is off site from the impacted ,"�„dcritical area site, baseline information
about it, in addition to the above information about the impacted vo dcritical area, shall be provided
by the applicant and shall include all those items listed in subsection (3)(d)(i) of this section and as well
as: the relationship of the compensation site within the watershed and to existing water bodies; existing
and proposed existing compensation site conditions; buffers; and ownership.
(i4c) Environmental Goals and Objectives. The report shall identify goals and objectives and include:
(Ai) The purposes of the compensation measures including a description of site selection criteria,
identification of compensation goals, identification of target evaluation species and resource functions,
dates for beginning and completion of compensation measures, and a complete description of the
structure and functional relationships sought eat the new wetland.mitigation site. The goals and
objectives shall be related to the functions of the original wetlandcritical area or, if out -of -kind, the type
offcritical area to be emulated; and
(E ) A review of the available literature and/or experience to date in restoring or creating the type of
wetiandhabitat proposed shall be provided. An analysis of the likelihood of success of the compensation
project at duplicating the original wetlandcritical area shall be provided based on the experiences of
comparable projects, if any. An analysis of the likelihood of persistence of the created, restored
wetlaP4, or enhanced critical area shall be provided based on such factors as: surface and gro dwate"
supply and flew patteFRshabitat conditions; dynamics of the ecosystem; sediment 9F pollutant
nflux and/^1 ^ ^; E)diG fleeding and dFe ght ete.; presence of invasive flora or fauna; potential
human or animal disturbance; and previous comparable projects, if any.
(+vd) Performance Standards. Specific criteria shall be provided for evaluating whether or not the goals
and objectives of the mitigation plan are being achieved at various stages in the project and for
beginning remedial action or contingency measures. Such criteria may include water quality standards,
survival rates of planted vegetation, species abundance and diversity targets, habitat diversity indices, or
other ecological, geological or hydrological criteria.
(ve) Detailed Construction Plans. Written specifications and descriptions of compensation techniques
shall be provided including the proposed construction sequence, grading and excavation details,
erosion, sediment and stormwater recharge control features needed for wetlaadsite construction and
long-term survival, a planting plan specifying plant species, quantities, locations, size, spacing, and
density; the source of plant materials, propagules, or seeds; water and nutrient requirements for
planting; where appropriate, measures to protect plants from predation; specification of substrate
stockpiling techniques and planting instructions; descriptions of water control structures and water -level
maintenance practices needed to achieve the necessary hydrocycle/hydrope riod characteristics;
etc —sufficient information to address anticipated sea level rise when applicable; etc. These written
specifications shall be accompanied by detailed site diagrams, scaled cross -sectional drawings,
topographic maps showing slope percentage and final grade elevations, and any other drawings
appropriate to show construction techniques or anticipated final outcome. The plan shall provide for
elevations which are appropriate for the desired habitat type(s) and which provide sufficient tidal prism
and circulation data.
(v+f) Monitoring Program. A program outlining the approach for monitoring construction of the
compensation project and for assessing a completed project shall be provided. Monitoring must include
sufficient information to adequately assess the progress of a project. Monitoring may include, but is not
limited to:
(Ai) Establishing vegetation plots to track changes in plant species composition and density over time;
(Kii) Using photo stations to evaluate vegetation community response;
(C-iii) Sampling surface and subsurface waters to determine pollutant loading and changes from the
natural variability of background conditions (pH, nutrients, heavy metals);
(Div) Measuring base flow rates and stormwater runoff to model and evaluate water quantity
predictions by a licensed engineer in the state of Washington, where required;
(€v_) Measuring sedimentation rates, if applicable; and
(v_i) Sampling fish and wildlife populations to determine habitat utilization, species abundance and
diversity. A protocol shall be included outlining how the monitoring data will be evaluated by agencies
that are tracking the progress of the compensation project. A monitoring report shall be submitted
annually and, at a minimum, documenting milestones, successes, problems, and contingency actions of
the compensation project. The compensation project shall be monitored for a period necessary to
establish that performance standards have been met, but not for a period of less than threefive years.
{vi+(vii) The city shall require monitoring reports on an annual basis for a minimum of five years. Certain
types of habitat communities require additional time for establishment and may require monitoring for
10 or more years depending on the site -specific circumstances and the scope of the mitigation protect.
fig) Contingency Plan. Identification of potential courses of action, and any corrective measures to be
taken when monitoring or evaluating indicates project performance standards are not being met.
(v+i+h) Permit Conditions. Any compensation project prepared pursuant to this section and approved by
the department shall become part of the application for the permit.
(e5) Performance Bonds and Demonstration of Competence. 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. 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. In addition, bonds ensuring fulfillment
of the compensation project, monitoring program, and any contingency measure shall be posted in the
amount of 150 percent of the expected cost of compensation and shall be effective for a period of no
less than three years and no greater than 10 years after completion of the mitigation plan.
(€6) Waiver. The department may waive portions of this report if, in his or her opinion, there is adequate
information available on the site to determine its impacts and appropriate measures.
(g7) List of Qualified Consultants. The department shall establish a list of qualified consultants to
prepare mitigation plans. (Ord. 019-17 § 18 (Exh. 1)).
20.162.098 Habitat management planGentenR.
(,, '�A habitat management plan is a report shall .dentifpto provide an analysis and discussion on the
proiect's effects on a fish and wildlife habitat conservation area and to address how the ' evel^^ment
„aetS 49M the „Fep ^^' project will be mitigated. The Washington Department of Fish and Wildlife
Priority Habitat and Species Management Recommendations, .dated May 1991, r bald eagle „r„t tio-
rules „„fline,d On WAG 23i 1? 29R as now r h eafter a „.d^.d yand supplemental documents are
advised to serve as guidance for this report. The Feeernmendati^„ OnA habitat management plan shall
contain, at a minimum, the Washington Department 6ff FrFSh -and `^10.ldlif^ °"i^"i+y Habitat and Speeme`
Management Reeemmendatiens, dated May 1991, --;hall Peet seerve as mnanddat-A-Fy standaFdS OF PBliGY E)
this ehapter, until such time as the ;h ;;PH Wmiellife helds publie heaFiAgS OR
following-t#e
public h„arm„... .
(-21) The habitat management plan shall contain a map prepared at an easily readable scale, showing:
(a) The location of the proposed development site;
(b) The relationship of the site to surrounding topographic features, water features, and cultural
features;
(c) Proposed building locations and arrangements;
(d) A legend which includes a complete legal description, acreage of the parcel, scale, north arrows, and
date of map revision.
(32) The habitat management plan shall also contain a report, which describes:
(a) The nature and intensity of the proposed development;
(b) An analysis of the effect of the proposed development, activity or land use change upon the wildlife
species and habitat identified for protection; and
{4L3) Mitigation Sequencing. When an alteration to a fish and wildlife habitat conservation area or its
buffer is proposed, such alteration shall be avoided, minimized, or compensated for in the following
order of preference.
(a) Avoiding the impact altogether by not taking a certain action or parts of an action.
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by
using appropriate technology, or by taking affirmative steps to avoid or reduce impacts.
(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
(d) Reducing or eliminating the impact over time by preservation and maintenance operations.
(e) Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments.
(f) Monitoring the required mitigation and taking remedial action where necessary. Monitoring shall
occur for a minimum of five years, or until the department determines that the mitigation project has
achieved success. Certain types of habitat communities require additional time for establishment and
may require monitoring for 10 or more years depending on the site -specific circumstances and the
scope of the mitigation project.
{§L4) A plan which identifies how the applicant proposes to mitigate any adverse impacts to wildlife
habitats created by the proposed development. (See mitigation plan requirements, Article VIII of this
chapter4(6.1
L) Possible mitigation measures to be included in the report, or required by the department, 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 areas;
(d) Seasonal restriction of construction activities; and
(e) Establishing phased development requirements and/or a timetable for periodic review of the plan.
(76) This plan shall be prepared by a person who has been educated in this field and has professional
experience as a fish or wildlife biologist. Where this plan is required for the protection of an eagle
habitat, the eagle habitat management plan shall normally be prepared by the Department of Wildlife,
as required under the bald eagle management rules. (Ord. 019-17 § 18 (Exh. 1)).
20.162.100 Buffer enhancement plan.
(1) A buffer enhancement plan shall assess the habitat, water quality, storm water detention, ground
water recharge, shoreline protection, and erosion protection functions of the buffer and assess the
effects of the proposed modification on those functions. The buffer enhancement plan shall also provide
the following:
a. A map locating the specific area of enhancement;
b. A planting plan that uses native plant species indigenous to this region including groundcover,
shrubs, and trees;
c. A set of performance standards shall be provided for evaluating whether or not the goals and
objectives of the plan are being achieved at various stages during the monitoring program. Such criteria
may include survival rates of planted vegetation, species abundance and diversity targets, or other
ecological, geological or hydrological criteria.
c. Provisions for monitoring and maintenance over the monitoring period. Monitoring shall occur for a
minimum of five years, or until the department determines that the mitigation project has achieved
success. Certain types of enhancement may require additional time for establishment and may require
monitoring for 10 or more years depending on the site -specific circumstances and the scope of the
mitigation protect.
(d) Shall be prepared by a qualified specialist or biologist.
20.162.104 Geotechnical report ^^�ts.
(1) A geotechnical report shall include a description of the site geology, conclusions and
recommendations regarding the effect of geologic conditions on the proposed development, opinions
and recommendations of the adequacy of the site to be developed, the effects of groundwater
interception and infiltration, seepage, potential slip planes, and changes in soil bearing strength, and the
impacts of the proposed development and appropriate mitigating measures. A geotechnical report may
contain information obtained with subsurface investigative measures such as test pit digging, soil boring,
water well installation or Dutch Cone Penetrometer investigations. Reports containing engineering
design recommendations; i.e., recommendations for foundations (loading, sizing, depth, or settlement
estimates), pile or pier design, retaining structures, or recommendations for construction on slopes
steeper than 30 percent, must be prepared by or in conjunction with a licensed geotechnical engineer as
defined in subsection (2) of this section.
A geological report shall include the above, with the exception of engineering design recommendations,
and need not make use of subsurface investigative measures. As the report will not include engineering
recommendations, a geological report may be prepared by a geologist or engineering geologist as
defined in subsection (2) of this section.
(2) Geotechnical reports shall be prepared by a geotechnical engineer (a civil engineer licensed by the
state of Washington who is knowledgeable of regional geologic conditions and who has at least four
years' professional experience in landslide and/or seismic hazard evaluation). Geological reports may be
prepared by a geologist, engineering geologist or geotechnical engineer knowledgeable in regional
geologic conditions and having at least four years' professional experience in site evaluation and
development studies, and landslide and/or seismic hazard evaluation.
(3) Report recommendations for siting structures in high risk areas shall be based on existing site
conditions rather than measures that have not yet been successfully approved, designed or constructed
(e.g., slope recontouring, slope retaining walls, vegetation improvements, bulkheads, etc.). Shoreline
bulkheads and retaining walls may only be utilized as an engineering solution where it can be
demonstrated that an existing residential structure cannot be safely maintained without such measures,
and that the resulting retaining wall is the minimum necessary to provide a stable building area for the
structure. (Ord. 019-17 § 18 (Exh. 1)).
20.162.4-Q106 Hydrogeological reportcontent.
A hydrogeological report shall be required for certain proposed operations based on a consultation with
the appropriate local and state agencies. The report shall address the impact the proposed land use will
have on both the quality and quantity of the water transmitted to the aquifer. The report shall also
address the types of pesticides and herbicides and fertilizers that can safely be used for the care of
landscaping proposed by the applicant.
(1) The report shall be submitted to the reviewing authority and address, at a minimum, the following
criteria:
(a) Surficial soil type and geologic setting;
(b) Location and identification of wells within 1,000 feet of the site;
(c) Location and identification of surface water bodies and springs within 1,000 feet of the site with
recharge potential;
(d) Description of underlying aquifers and aquitards, including water level, gradients and flow direction;
(e) Available surface water and groundwater quality data;
(f) Effects of the proposed development on water quality;
(g) Sampling schedules required to assure water quality;
(h) Discussion of the effects of the proposed development on the groundwater resource;
(i) Recommendations on appropriate BMPs (best management practices) or mitigation to assure no
significant degradation of groundwater quality; and
(j) Other information as required by the Bremerton-Kitsap County health district.
(2) The hydrogeologic report shall be prepared by a professional geologist/hydrologist or by a soil
scientist with a strong background in geology as demonstrated by course work from an accredited
college or university and/or has a minimum of five years' experience.
(3) Applications for development or operations with underground storage of petroleum products will be
processed using the appropriate procedure as specified in existing state regulations and city ordinances.
(4) Analysis for a specific parcel(s), using the criteria outlined below, will be employed to determine if
the soils present require a recharge area designation. Data collection will include, at a minimum: six soil
logs to a depth of 10 feet (or to a depth four feet below the lowest proposed excavation point
whichever is greater) for each acre in the parcel(s) being evaluated. At least one well which is 300 feet or
greater in depth with an adequate drilling report must be available within one mile. The associated data
shall be analyzed and included in the hydrogeologic report to determine the presence of highly
permeable soils with the recharge area designation.
For development proposals within aquifer recharge areas of concern, the hydrogeological report may be
based on quarter -quarter section basis locations where the number of wells within a half -mile radius is
36 or more, and are designated aquifer recharge areas. To facilitate computer analysis, the evaluation
may be done on a quarter -quarter section basis using the quarter -quarter section in which a parcel of
interest is located and all the surrounding quarter -quarter sections, in place of the half -mile circle. (Ord.
019-17 § 18 (Exh. 1)).
20.162.104 General mitigation FequiFements.
{c\ RA***-,tv - onc r Whpn alteration to critic -al r its buffer prepesed such -,Itpr;;t*An
IR1ti1R�S�Il1:T: 3rl:l1:T.'lAflP.IR _
(c) Credits fre—rn -A certified wetland mit"gatien bank Fnay be used te cempensate fer impacts Ac-;;tpd
lAf thin the service area specufued On the -hank'r- certificatme.n. In Serne cases, the service area el
may include pertiens of More than ene adjacent drainage basin fer specific wetland functwe
'^.''�0- fi- 108 Attachments.
The purpose of the attachments is to provide supporting documentation to assist in the implementation
of this chapter:
(1) Attachment A — Washington State Wetlands Rating System Categories.
(2) Attachment B — Washington State DNR Stream Rating System.
(3) Attachment C — Kitsap County's GIS Database of Critical Areas Information.
(4) Attachment D — Site Development Figures.
(5) Attachment E — Port Orchard Critical Area and Buffer Notice.
(6) Attachment F — Kitsap County Shallow Principal Aquifer Listing.
Attachment A— Washington State Wetlands Rating System Categories
(A) Wetlands shall be rated according to the Washington Department of Ecology wetland rating system,
as set forth in the Washington State Wetland Rating System for Western Washington: 2014 Update
(Ecology Publication #14-06-029, or as revised and approved by Ecology), which contains the definitions
and methods for determining whether the criteria below are met.
1. Category I. Category I wetlands are: (1) relatively undisturbed estuarine wetlands larger than 1 acre;
(2) wetlands of high conservation value that are identified by scientists of the Washington Natural
Heritage Program/DNR; (3) bogs; (4) mature and old -growth forested wetlands larger than 1 acre; (5)
wetlands in coastal lagoons; (6) interdunal wetlands that score 8 or 9 habitat points and are larger than
1 acre; and (7) wetlands that perform many functions well (scoring 23 points or more). These wetlands:
(1) represent unique or rare wetland types; (2) are more sensitive to disturbance than most wetlands;
(3) are relatively undisturbed and contain ecological attributes that are impossible to replace within a
human lifetime; or (4) provide a high level of functions.
2. Category II. Category II wetlands are: (1) estuarine wetlands smaller than 1 acre, or disturbed
estuarine wetlands larger than 1 acre; (2) interdunal wetlands larger than 1 acre or those found in a
mosaic of wetlands; or (3) wetlands with a moderately high level of functions (scoring between 20 and
22 points).
3. Category III. Category III wetlands are: (1) wetlands with a moderate level of functions (scoring
between 16 and 19 points); (2) can often be adequately replaced with a well -planned mitigation project;
and (3) interdunal wetlands between 0.1 and 1 acre. Wetlands scoring between 16 and 19 points
generally have been disturbed in some ways and are often less diverse or more isolated from other
natural resources in the landscape than Category II wetlands.
4. Category IV. Category IV wetlands have the lowest levels of functions (scoring fewer than 16 points)
and are often heavily disturbed. These are wetlands that we should be able to replace, or in some cases
to improve. However, experience has shown that replacement cannot be guaranteed in any specific
case. These wetlands may provide some important functions, and should be protected to some degree.
(B) Illegal modifications. Wetland rating categories shall not change due to illegal modifications made by
the applicant or with the applicant's knowledge.
Attachment B — Washington State Department of Natural Resources Stream Typing System
Water Type Conversion Table
Permanent Water
Typing
Previous Water
Typing
Type F
Type 2 and 3
Type Np
Type 4
Type Ns
Type 5
(1) "Type F streams" are those surface waters which meet the criteria of the Washington Department of
Natural Resources, WAC 222-16-030(2) as now or hereafter amended, as Type F water. Type F streams
contain habitat for salmonid fish, game fish and other anadromous fish.
(2) "Type Np streams" are those surface waters which meet the criteria of the Washington Department
of Natural Resources, WAC 222-16-030(3) as now or hereafter amended, as Type Np water. Type Np
waters do not contain fish habitat.
(3) "Type Ns streams" are those surface waters which meet the criteria of the Washington Department
of Natural Resources, WAC 222-16-030(4) as now or hereafter amended, as a Type Ns water. These
streams are areas of perennial or intermittent seepage, ponds, and drainage ways having short periods
of spring or storm runoff. Type Ns waters do not contain fish.
Attachment C — Kitsap County GIS Database of Critical Areas Information
KITSAP COUNTY'S GIS DATABASE OF CRITICAL AREAS INFORMATION
CRITICAL AREA*
DATA
SOURCE
Wetlands
National Wetlands Inventory
U.S. Fish and Wildlife Service
Hydric Soils, Soil Survey of Kitsap County Area,
Washington
U.S. Department of
Agriculture, Soil
Conservation Service
Aquifers
Critical Aquifer Recharge Areas
1<itsap PUD #1
Aquifer Recharge Areas of Concern
Kitsap PUD #1
Principal Aquifers
Kitsap PUD #1
Permeable Soils, Soil Survey of Kitsap County Area,
Washington
U.S. Department of
Agriculture, Soil
Conservation Service
Fish and Wildlife
Habitat Conservation
Areas
National k4efland-r Inve—Ate-cySalmonscape
database
k-.-S-.State Department of Fish
and Wildlifee
Non G ne ap Current version of WDFW's Priority
HabitatHabitats and Species DatabaseList and
Maps.
State Department of Fish
and Wildlife
State Department of Fish
and Wildlife
Commercial and Recreational Shellfish Area
Inventory
State Department of Health
Waters of the State
State Department of Natural
Resources
Coastal Zone Atlas of Washington, Vol. Ten
State Department of Ecology
Frequently Flooded
Areas
Flood Insurance Rate Map
Federal Emergency
Management Agency
Geologically Hazardous
Areas
Coastal Zone Atlas of Washington, Vol. Ten
State Department of Ecology
Jerald Deeter, 1979
Quaternary Geology and Stratigraphy of Kitsap
County
U.S. Department of
Agriculture, Soil
Conservation Service
Soil Survey of Kitsap County Area, Washington
Attachment D—Site Development Figures
Percent Slog Calculation
e is rekrrlated by dividing the verriral ditranee
ie horizontal dulanCe, then multiplying the
It by )00, Example.
6rtic31 p,atancc of 24_ fcc6 = .7 ■ 100 = 20% 610pe
nwntdi D+StjnrO of 100 Fact
sa by
iht or
1;
The 23 fim minimum vegelaied bgffer
aad building srlback for Vopcs over IM.. Building
lelbacks are deirrmsmdby the slope herghi or
informarion ft" a gcarechrrtcal re wf.
Off' Ka&Vwa Awe
Attachment E — City of Port Orchard Critical Area and Buffer Notice
Return Address:
CITY OF PORT ORCHARD
CRITICAL AREA AND BUFFER NOTICE
Legal Description Sec: TWN: RGE:
Present Owner (Please Print):
Tax Account #:
NOTICE: The subject property contains a critical area and/or its buffer as defined by the City of Port
Orchard as Critical Area Ordinance. The property was the subject of a development proposal for
, filed on
(type of permit) (application)
Restrictions on use or alteration of the critical area and/or its buffer may exist due to natural conditions
of the property and resulting regulations. Review of such application has provided information on the
location of the critical area and/or its buffer and restrictions on their use through setback areas. A copy
of the plan showing such setback areas is included in the above -referenced permit file. Any alterations
to the critical area and/or its buffer shall be subject to further review for compliance with the City of
Port Orchard Critical Areas Ordinance.
EXECUTED this day of
STATE OF WASHINGTON )
COUNTY OF KITSAP )
On this day personally appeared before me , to me known to be the
individual(s) described in and who executed the within and foregoing instrument, and acknowledged
that they signed the same as their free and voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal the day of ,
NOTARY PUBLIC in and for the State of Washington,
RESIDING AT
Notary Seal
KITSAP COUNTY
SHALLOW PRINCIPAL AQUIFER LISTING
The following is a list of shallow principal aquifers that have been designated by an overlay as "Aquifer
Recharge Areas of Concern."
Approximate
Elevations
Og1a
Hansville
+250
Gorst
+50
North Lake (McCormick Woods)
+350
Port Gamble
+100
Og2
Island Lake (upper) +150
Port Gamble South -50
Wilson Creek +150
Og3
Banger(upper)
+100
Clam Bay
0
Edgewater
+130
Island Lake
+150
Kinston (upper)
-25
Poulsbo
+225
Manette-Bremerton North
0
Seabeck
+100
Squamish-Miller Bay
0
Yukon
0
(Ord. 019-17 § 18 (Exh. 1)).