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HomeMy WebLinkAboutFebruary 4, 2025, Planning Commission Meeting PacketCITY OF PORT ORCHARD Planning Commission 216 Prospect Street, Port Orchard, WA 98366 (36o) 874-5533 planning@portorchardwa.gov PLANNING COMMISSION MEETING AGENDA Tuesday, February 4, 2025— 6:00 pm Pursuant to the Open Public Meetings Act, Chapter 42.30 RCW, the Planning Commission is conducting its public meeting in a hybrid format with options for in -person attendance in the Council Chambers at City Hall or remote viewing and participation via Zoom (link below). Join Zoom Meeting, Public Link: https://us02web.zoom.us/i/86180242823 Dial -in (phone audio) only: + 1 253 215 8782 Webinar ID: 8618024 2823 1. CALL TO ORDER: Pledge of allegiance. 2. WELCOME AND INTRODUCTION. Planning Commission and City Staff Introductions. 3. APPROVAL OF AGENDA 4. AUDIENCE COMMENTS: Topics not listed for public hearing on tonight's agenda. Please limit comments to 3 minutes. 5. BUSINESS ITEMS: a. APPROVAL OF MINUTES: January 13, 2025 (Attachment) (ACTION) b. DISCUSSION: Critical Areas Ordinance — LU24-CODE AMENDMENT 06 (Attachment) Discussion of the draft Critical Areas Ordinance. Staff Contact: Jim Fisk, AICP, Principal Planner c. DISCUSSION: Unit Lot Subdivision - LR24 -CODE AMENDMENT 01 - 11111110 (Attachment) Discussion of revisions to POMC Title 20.22, 20.80, 20.82, 20.98, 20.100, and adopting POMC 20.87 Unit Lot Subdivisions in implementation of the adopted 2024 Comprehensive Plan and recent state legislation. Staff Contact: Jim Fisk, AICP, Principal Planner d. DISCUSSION: Parking and Circulation - LR24 - CODE AMENDMENT 01 - HB 1110 (Attachment) Discussion of revisions to POMC Title 20.124 related to off-street parking requirements and the implementation of HB 1110. Staff Contact: Jim Fisk, AICP, Principal Planner 6. DIRECTOR'S REPORT Update to the Planning Commission on recent related to past and upcoming Planning Commission activity. Staff Contact: Nick Bond, AICP, Community Development Director 7. GOOD OF THE ORDER 8. ADJOURN Next Planning Commission Meeting — March 4, 2025 CITY OF PORT ORCHARD Planning Commission Minutes 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 874-5533 • Fax: (36o) 876-498o Planning Commission Meeting Minutes January 1311, 2025 Hybrid Meeting — Council Chambers/Zoom Teleconference COMMISSIONERS: Present: Tyler McKlosky (Chair), Annette Stewart (Vice Chair), Stephanie Bailey, Paul Fontenot, Joe Morrison, Tiffany Mitchell Absent: Wayne Wright STAFF: Community Development Director Nick Bond, Principal Planner Jim Fisk, Associate Planner Shaun Raja, Assistant Planner Connor Dahlquist 1. CALL TO ORDER: Commissioner McKlosky called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance. 2. WELCOME AND INTRODUCTIONS 3. PUBLIC COMMENTS: There were two members of the public present in the chamber and two attending remotely. There were no comments regarding issues not on the agenda. 4. APPROVAL OF MINUTES FROM DECEMBER 3, 2024: Commissioner McKlosky asked if the other commissioners had reviewed the minutes from the December 3rd, 2024 meeting and if anyone had any issues or proposed amendments. Seeing none, a motion was entertained to approve the minutes. Commissioner Stewart moved to approve the minutes and Commissioner Morrison seconded. The motion passed unanimously. 5. BUSINESS ITEMS A. DISCUSSION: Critical Areas Ordinance — LU24-CODE AMENDMENT 06 (Attachment) Principal Planner Fisk presented the Critical Areas Ordinance code amendment for 20.162 as part of the 2024 Comprehensive Plan update. The attachment includes a red lined copy of proposed amendments and a clean copy of the amendments. The Critical Areas Ordinance amendment was first introduced to Commissioners at the December 2024 Planning Commission meeting. Principal Planner Fisk introduced biologist consultant Chad Wallin, PWS from Grette Associates to present on the amendment and answer questions. Chad Wallin provided slideshow presentation of his professional background, the Critical Areas Ordinance amendment purpose, and analysis process. Commissioner Mitchell thanked Wallin and asked for clarification on the process of critical areas determination if a consultant from Grette Associates is not available or does not conduct the initial determination. Wallin explained the City's process of an applicant's responsibility to hire a biologist consultant or use the City's subcontracted consultant, Grette Associates, to complete the determination process. The City does not have a biologist on staff. Commissioner Mitchell asked about how critical areas are determined by a biologist, including the time period and scope of site. Wallin explained that a critical areas report is valid for five years. After five years of initial reporting, a consultant would be required to re-evaluate the critical areas. Streams are determined by the Washington Administrative Code's definition and set by the criteria. Commissioner Mitchell clarified their question on what a site study process looks like for a critical areas determination. Wallin shared their experience that the process generally takes a day to complete. Wetland data is collected based on the U.S. Army Corps of Engineers. Habitat identification is based on how they are defined in the code. Commissioner Mitchell asked for clarification on whether or not the City was going to adopt the Department of Fish and Wildlife's tool of riparian management zones as Best Available Science. Wallin clarified that the City is using the Department's second recommendation of management by setting larger standardized development buffer zones instead of site -specific buffer zones which relies on the Department's database and GIS program identifying mature tree heights of specific species. Director Bond added that the decision to go with the Department's second recommendation of standardized buffer zones is that it is consistent with the County's methodology. Bond also explained that within the Comprehensive Plan, the City had to demonstrate that there was sufficient land capacity within the City and by using the first recommendation of site -specific buffer zones, it creates uncertainty of available land as projects begin to build and may reduce availability for housing projects. Choosing the second recommendation allows for more certainty in land capacity as the City reaches housing targets. Commissioner Mitchell asked whether or not the City sets a specific threshold for when mitigation is not enough for projects involving critical aquifers. Wallin explained that when addressing mitigation for critical aquifers, the standards are broader compared to wetlands and habitat. Wallin explained that the intended mitigation sequencing requires proposals to prove that other design alternatives may not work on the site due to other code restraints. The other part of mitigation sequencing for critical aquifers is minimizing and compensating for all impacts, which is consistent with the Department of Ecology's and U.S. Army Corps of Engineers mitigation sequencing standards. Director Bond provided further explanation of Category 1 and Category 2 of the critical aquifer protection areas. Bond described the extensive analysis of feasibility, technical reports, and site research to determine if a project is not allowed due to its proximity and expected impact on the aquifer. Director Bond provided additional insight on how development in critical aquifer recharge areas are categorized for use types and level of development so that there's not a total loss of buildable land, contrary to wetland critical areas where an entire site may be encumbered. Critical aquifer categories provide a path for possible development while still mitigating harmful environmental impacts. Page 2 of 6 Commission Fontenot asked whether climate change is being considered in critical areas reports as these reports are valid for five years before requiring a new report. Fontenot asked if these reports take account of environmental changes that may happen from the time a report is made and its expiration. Director Bond provided explanation that there are two other sections of code that work parallel with the critical areas code; the 2021 adopted Shoreline Master Program which manages shoreline development and considers sea level rise, as well as the frequently flooded areas code addressing development in mapped flood plains. Bond further explained that the City has adopted a climate element in the Comprehensive Plan update which provides a foundation for climate guidance but additional direction from the state level has not been released for what will be required by 2029. Director Bond shared that there will be one more opportunity to discuss the critical areas ordinance at the February Planning Commission meeting and a public hearing will be held at the March Planning Commission meeting. Notices will be sent for a deadline to provide written comments. B. DISCUSSION: Title 20 Updates Principal Planner Fisk introduced the proposed amendments of the Port Orchard Municipal Code Title 20 as part of the adopted Comprehensive Plan update. Fisk shared that these amendments are necessary to align with the policies outlined in the Comprehensive Plan and new state mandates focused on housing passed through recent legislation. Fisk presented on Accessory Dwelling Units (ADUs) and their purpose, standards, and regulations. As part of the new mandate, two ADUs must be allowed per lot in urban growth areas along with additional reduction in development barriers and standards in hopes to encourage these project types. Fisk shared that the Planning Commission has already worked to align with these new standards in recent years, but additional work is needed to come into full compliance. Fisk next presented on middle housing, as address by House Bill 1100 (2023), which requires cities to allow middle housing in all predominantly residential districts. Middle housing reduces the gap between single family dwellings and multifamily housing developments. Port Orchard City Council gave city staff direction to comply with the Tier 2 city requirements. Director Bond shared an explanation on what the different tier types mean. Tier 1 cities are the largest with populations over 75,000 residents, Tier 2 is 25,000 to 75,000 residents, and Tier 3 is 25,000 residents and under. City Council opted to align with Tier 2 city requirements as Port Orchard is experiencing fast growth and near the level of a Tier 2 city currently. Fisk shared a graphic showing current residential zoning and current units permitted. Current residential density is based on a minimum lot size for specific building types and type of access. Except for backyard cottages and apartments, only one structure is permitted per lot in current zoning. The proposed residential districts will be based on establishing the number of dwelling units per lot. R1 and R2 will allow for four units, R3 will allow for six units (with the exception of apartments), and R4 and R5 have no max. The form -based code standards will be the limiting factor of proposed development in R4 and R5. Like current code, access will dictate minimum lot size, i.e. if a lot is served by an alley, the minimum lot size is 3,000 sq.ft. If the lot is served by a primary street, minimum lot size is 5,000 sq.ft. The new building types being introduced in the proposed residential zones include triplex, fourplex, fiveplex and sixplex. Language will need to be removed that requires townhomes to have one fee simple unit per lot. Detached houses will not be allowed in the R4 and R5 districts. Page 3 of 6 Fisk shared an overview of the proposed middle housing amendments: • Accessory Dwelling Units o Update for consistency with State Law • Administration and Enforcement o Add references to unit -lot subdivisions • Apartment — NMU o Clarify multifamily as permitted in NMU, aligning with POMC 20.32.010(9) • Building Elements o Review for consistency with Middle Housing standards • Building Types o Update for Middle Housing o Remove housing type definitions o Move standards to Subtitle VI • Commercial and Mixed -use Districts o Update for consistency with revisions to 20.32 • Definitions o Add Middle Housing model ordinance definitions o Incorporate additional building type definitions from 20.32 • Design Standards o Develop standards for fences in front of setbacks o Remove Middle Housing applicability from this chapter • Development Standards o Add reference to unit -lot subdivisions. o Review parking and circulation standards for consistency with Middle Housing. • Fourplex o Address misleading naming to clarify triplex buildings are allowed • Greenbelt and Industrial Districts o Review and ensure consistency. • Introductions to Zoning, Land Uses, and Buildings Types o Ensure consistency with other code amendments. • McCormick Village Overlay District o Amend building type requirements consistent with HB 1110, including alley access. • Middle Housing Design Standards o Adopt uniform standards referencing 20.32 and model ordinance. • Minimum Parking Standards o Align with RCW 70.128.140 and RCW 36.70a.620 • Overlay Districts o Add Bethel Subarea Plan Overlays o Review VPOD for Middle Housing consistency • Public and Community Space Districts o Ensure consistency with other standards • Residential Design Standards Page 4 of 6 o Remove applicability for Middle Housing Residential Districts o Update for Middle Housing o Allow a minimum of two residential units per lot; allow up to four units with affordability criteria or proximity to transit, consistent with RCW 36.70A.635 and HB1110 • Site and Lot Dimensions o Remove site area requirements o Update lot definitions and add unit -lot references o Eliminate Build to Zone o Adjust ground floor elevation standards o Eliminate 20.40.060 for Middle Housing o Develop a standard to allow only two adjacent flag lots Use Provisions and Use Table o Align with State Law and RCW 35A.21.430 for permanent supportive, transitional, emergency housing, and shelter. Fisk further explained the unit lot subdivision process which allows division of a single parent lot into individual unit lots for separate ownership. The parent lot must meet zoning standards; individual unit lots are exempt. This process is applicable to duplexes, townhomes, fourplexes and all other middle housing types including accessory dwelling units. This will not permit uses or densities beyond those allowed in zoning districts. Director Bond provided an expected schedule of revisions which include the introduction of the subdivision chapter and permit processing chapter at the February Planning Commission meeting followed by additional discussion at the March Planning Commission meeting. Bond also hopes to get the parking and building elements chapter to the Commission at the February meeting. Commissioner Stewart asked for clarification if the property owner must live on the property in the situation where there are two ADUs are present on one lot. Fisk shared that the property owner living on the property requirement was removed in 2023. Commissioner Fontenot asked if there are any restrictions on combination of different building types on one lot. Fisk shared that any combination of building types is allowed up to the permitted number of units. Commissioner Mitchell asked for clarification in the situation of landownership when an ADU is built and sold as a condominium. Fisk explained that with a condominium, airspace is divided in ownership and the land it sits on is common ownership. Overall maintenance responsibility falls on all space owners. In a unit lot subdivision, the land is divided and sells as fee simple lot. C. DISCUSSION: Pre -approved Accessory Dwelling Units Director Bond shared an update on the pre -approved accessory dwelling units program. The City now has a website resource that shares the program's purpose which provides pre -approved ADU plans free of charge for Kitsap County. The program was led by the Kitsap Regional Coordinating Council (KRCC) and aims to encourage ADU construction by removing cost barriers that the Page 5 of 6 design phase presents. The City's page links to KRCC's website which provides additional information on the available plans. D. DISCUSSION: DIRECTOR'S REPORT Director Bond asked the Commission if they'd like to create an agenda item for the next meeting in electing a new Planning Commission Chair, or keep consistent with the current chair. Commissioners chose to keep Commissioner McKlosky as the Chair and Commissioner Stewart as Vice Chair. City staff and the Commission will revisit the chair elections in January 2026. Commissioners welcomed Planning Commissioner Mitchell once more. ADJOURN: Commissioner McKlosky adjourned the meeting at 7:06 pm. Tyler McKlosky, Chair Nick Bond, Community Development Director Page 6 of 6 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: February 4, 2025 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. At the December and January Planning Commission meetings, staff presented proposed amendments to POMC 20.162. Since last month's meeting, a comment matrix has been developed based on the comments received thus far and is included in the Planning Commission packet for this meeting. The matrix identifies public comments, their location in the draft, the commenter, and staff's disposition to the comment. Comments that have been incorporated are shown in green, comments still under discussion are marked in yellow, and comments that will not be incorporated are identified in red. Edits made since the January meeting are depicted in blue text (with the exception of hyperlinks), previous edits are shown in red, and text that previously existed but has been moved appears in green with double underline for clarity. The proposed amendments to the CAO continue to align with the Comprehensive Plan's goals and policies by protecting natural resources, maintaining ecological functions, and safeguarding public health and safety. These updates are required under the GMA (RCW 36.70A), which mandates periodic updates to development regulations protecting critical areas. 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 helps preserve ecological functions, mitigate risks such as landslides and flooding, and avoid the lasting environmental, economic, and social impacts of degraded critical areas. Consistent with the GMA, the proposed amendments incorporate BAS and include special measures to protect anadromous fisheries, such as salmonids, which are ecologically, culturally, and economically significant. The draft ordinance includes several updates intended to ensure compliance with state law, integrate BAS, and improve usability: • Code Reorganization: Sections of the ordinance have been reorganized to streamline the review process and enhance usability. • Wetland Buffers: Buffer standards have been updated to align with the Department of Ecology's latest recommendations. • Wetland Mitigation Hierarchy: The updated ordinance reflects the current mitigation hierarchy, emphasizing preferred approaches such as mitigation banking and other programmatic solutions. Onsite mitigation remains an option where 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 align 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. Staff has included a redline of POMC 20.162 in tonight's packet, which include all proposed revisions including those made since the last meeting. These updates provide clarity and context for review by Planning Commissioners. The proposed amendments are designed to ensure compliance with state and federal requirements, integrate BAS, and balance environmental protection with development needs. Attachments: Draft Critical Areas Ordinance - POMC 20.162 REDLINE, Comment Matrix 012225 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—Mitigationsequencing. 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 Vill. 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. Mitt ati n 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 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 anv 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 agencydepartment 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. These efforts may include but are not limited to, visually assessing the feature from publicly accessible areas and utilizing available databases to obtain the required information to prepare any applicable special reports. The -de artment may require additional reports or information to further identify potential impacts to any part of the environment which may include the following: i (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 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 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- IN b) The location, size, and type of and benefit provided by the original and altered critical area: d) The cost and likely success of the compensation measures in relation to the magnitude of the roposed project: i (e) The observed or predicted trend with regard to the gains or lossees f the specific type of critical area; and k OF f) The extent to which the applicant has demonstrated a good faith effort to incorporate measures 3) Mitigation shall be in kind and on site, when possible, and sufficient to maintain the functions and values of the critical area. 4 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: al 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 fefn+#ly 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, basing watershed, or service area of a certified mitigation bank. Mitigation actions 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 habitath 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 widthsavailable water to maintain anticipated hvdrogeomorphic classes of wetlands, or streams when restored. pip -posed flood storage capacity, potential to mitigate riparian fish and wildlife impacts (such as connectivitvl: b) Off -site mitigation has a greater likelihood of providing equal or improved critical area functions than the impacted critical area: and water quality, flood storage or conveyance, habitat, or other functions have been established by the city and strongly wustify 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 onedrainage 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 requirements, fisheries window). be mitigated by enhancement of existing significantly degraded critical area or buffers, 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)) 20.162.0M030 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)). 20.162.030032 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)). 20.162.032034 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 nceyshall 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,�'„tieTstructures; 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 sublect to the mitigation sequencing requirements of this chapter. (f) Activities within an odd er 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 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 manaeement 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: Reauires a aualified arborist to evaluate the tree(s) and submit a reauest 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.A-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 sequencinE. 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 +rill 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)). 20.162.036038 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)). 20.162.0380340 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 POW 20.162.024; and b) All other standards and reauirements contained in the Port Orchard Municioal 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. L) 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 Festeratien ^lan ;s the applicable special reports, as defined in Article VIII and required by the department, 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)). 20.162.042044 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 are listed in V.IDFIn1 Policy 44^'.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 POW 20.162.032, Exemptions, and/or by POW 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. "RapaFian area" ImIp-awS _AIn _;irp-a that mprah-w-AP-S the land WhiCh SUPPE)FtS FipaFian vegetation and Fnay Seme upland, depending en site e^p'i*iens "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. laree wood deliverv. D011ution 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)). 20.162.046048 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 thevalued public expenditWes 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. 11 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 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. 111.0" 20.162.052 Wetland categories. -- - -- -- - --- -- - --- -- -- -- - - -- --- - - -- - - ...MI fede.ral vVe-fl-and deline-atien manual And applicable regienal supple_.rnP_.nts;. All areas within the reity 4}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)). 20.162.0-59054 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 FegUiFement to aveid 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 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. i"'--`-�-- rJepaF+.,- ent NA- Fef' Shall be plaeed 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 Ceasta4Estuarine and wetlands in coastal lagoons Category I: N/A 300 N/A Interdunal Category I: 100 140-150 22-0-300 3A9NLA Forested r'-,+1,.,.„-,. I• Estuarine inn /h-ffl„-,, odth AA* hA,;P J An h-,h�+-,+ scares) Category II: 100 150 2-24-300 398NLA Based on score Category II: N/A 150 Interdunal wetlands Category II: 150 /h� off.,.- ,.,i.J+h .,.,+ 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. (i) dernonstrate.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 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 and/or federal 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. Pete^+" 'l ;m^-,c+ss +„ fish ^4 istenr.yith n.-+ieI., IV of this eh-..-,+eF shall be p ed (,) guffeF and Building S tbaek Req ui. a ffl, ntss Q..ffe 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 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 (OHM) OF f"^"" the tep "f the -hank iAF"^r^ the ^Hnn 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 POMC 20.162.032, E.,empti ns PQMC 20 462o nn Exc pti n PQMG 20 62 036 Variances, 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 h, -#fersa riparian management zone. Eb. 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 11111FF€111RIPARIAN 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 Wildlife Habitat Ge-.AseeirvatoeR AFeas Class 1 R--- ff.,r .yw d+hs -,n.d . .mII h., PI +r.rmineP-1 Set -ha eks e ator., 6 L + + nl n through mandatory 0 - - - " Sete nd-iti PSrote-rmipe then f. r specific yVill ed the n ration habitat f...- h--ffer ..A.J+h.- of a plan T (Ord. 033-20 § 14; Ord. 019-17 § 18 (Exh. 1)). .(4) Bttffef Reduetions. Bttff-er- width reduetions shall be eonsidet!ed on a ease by ease ba when at rplie ,,,+ demo„str- +^s +^ Specific Riparian Management Zone Development Standards. Riparian management zones are a critical area and have the depa4fnetit that the pr-op r-edttetioti woti ,a not adversely ^ff 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; ka}(c) It will result in no net loss of the fish and wildlife habitat conservation area or riparian management zone in question. ^ brier r-eduetion m of be reduced to less that 75 „eeN+ of then afd buTT L h1r.mrMAM. 21"rrs:iri:rn�:.rP.MMV2rr. 44LdLlt will not lead to adve se adversely affect water qualityto unstable earth conditions, or create an erosion hazard; e) Meets the exemptions or exception reauirements defined under Title I of this Chapter. {c}ffL_As part of the buff— r oa„etion , „ —Aany proposal, an applicant shall submit a buffer enhancement plan consistent with Article VIVIII of this Chapter. (5) 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) BridL-es or bottomless culverts shall be reauired for all streams which su000rt 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 throueh the Hvdraulic Proiect Approval process administered by the WashinLyton 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 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 wetland 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)). City of Port Orchard - Critical Areas Ordinance Update - Comment Matrix This document is formatted to provide tracking for review comments received by the City so far on the CAO Update from the Planning Commission and from the public. City Staff actions on the comments are identified Comment Source Comment Number Comment Section Section Title Review Comment Staff Action Action Details the comment. Planning Commission This will codify how Staff is comments should be noted as This section will identify responding to the comment, "PC -[LAST NAME]" for easy where the review comment in one of the following tracking. Comment number in applies to. If the comment is This will be copied from the This section will provide sequence as it is presented in not specific to a particular CAO Section Title comment received from the manners: additional details following Comments from public the draft CAO update. section, it will be marked as source. the applicable staff action: providing names should be "general" or N/A (feel free to copy and paste from this section for noted as "PUBLIC -[LAST formatting consistency) NAME]" Comments from Identify where in the section the comment will be Comment accepted and incorporated. Identify any incorporated into the revised text revisions to the comment draft element. as it is incorporated into the element Identify the necessary next steps to determine feasibility of including the comment in Comment under additional the revised draft. Is there consideration, identify next additional analysis necessary? steps for analysis. Identify if the comment would be more applicable to another section and/or element. Comment will not be incorporated into the revi draft element. Agency/Company/Group: Key Waterman Mitigation Group: WMG Identify why the comment is not being incorporated into the revised draft. Critical Areas Ordinance Update (draft dated 11/26/24) - Comment Matrix The following feedback was collected from Planning Commissioners and public comment throughout the Critical Areas Ordinance Update process Comment Comment Comment Section Title Review Comment Staff Action Action Details Source Number Section Columnl Column2 Column3 Column32 Column4 Columns Column6 What is the intention of this? "every effort" is poorly or not defined. "every effort" is not intended to suggest trespassing. Clarification was Application Trespassing on another property is not legal even to obtain CAO data. Comment accepted and incorporated into the provided to describe that "every effort" is intended to visual PC -Wright 1 0.162.022( Requirements - Even flying a drone over another property is not legal without distinct revised draft element. assessments from public areas and using remote databases to obtain General permission. the necessary information to prepare the applicable documentation. This section outline the steps a project needs to demonstrate By what technical method will the Department use to make this compliance with the mitigation sequencing requirements. Per code, determination? The City does not have a Natural Resource Scientist on any compensatory mitigation is required to prepare a mitigation plan Application staff. This can become an arbitrary decision without proper skills and that meets the requirements defined in the CAO. These requirements Requirements - training. One option - I recommend - to consider here is to make the omment will not be incorporated into the PC -Wright 2 .162.024.1 include performance standards which requires supporting data to Mitigation applicant provide the data demonstrating that all the mitigation goals evised draft element. demonstrate an action is meeting objectives. The intent of including Sequencing and objectives and performance standards have been met and that the this language is to provide clarification of a minimum monitoring City will consult with an independent expert if deemed necessary to schedule and to give the City an opportunity to require additional find the mitigation a success. RL monitoring if needed. General Comment accepted and incorporated into the PC -Wright 3 ).162.026.11 Mitigation Spell Check: systems Updated. revised draft element. Requirements General "violation" was removed and Section 20.162.042(c) was revised to Comment accepted and incorporated into the PC -Wright 4 .162.026.11 Mitigation I suggest handling violations in a separate manner. They will always hav provide clarity regarding the preparation of any required special revised draft element. Requirements reports General What does "formally" mean? Does the City have a defined process for Comment accepted and incorporated into the Removed "formally" so it does not imply that the City has adopted or PC -Wright 5 ).162.026.61 Mitigation formally identifying out -of -kind mitigation options? revised draft element. identified specific watershed goals. Requirements General If the City does not have established watershed goals than an applicant Comment under additional consideration, PC -Wright 6 .162.026.7 Mitigation See previous comment. Has the City made or defined these parameters off -site be required to have o-site mitigation within the same sub - identify next steps for analysis. i Requirements basin. This sub -section is intended to be general. If we would to name a General specific bank that would be similar to stating specific off -site mitigation It would be MOST helpful here if we define any approved Mitigation Comment will not be incorporated into the PC -Wright 7 0.162.026. Mitigation opportunities. An applicant has specific requirements that need to be Banks for the Port Orchard region by the COE and Ecology. revised draft element. Requirements demonstrate which includes identifying that an approved bank serves an area where impacts occur. Typically, well prepared mitigation plans include a detailed schedule for the mitigation construction, phasing, and total timing. I suggest an This language is intended to provide general mitigation requirements. General edit that reflects that the mitigation timing will comply with the Comment will not be incorporated into the Section 20.162.096 provides specific mitigation plan requirements PC -Wright 8 0.162.026.1 Mitigation approved mitigation plan. Small wetland mitigations are easily revised draft element. which includes detailed construction plans that shall include Requirements completed but planting is best delayed to match growing and plant construction schedules. survival conditions. Larger mitigations take several years to complete. No net loss is a key goal of the CAO. This statement does not make it mandatory but does imply that it should occur if possible to ensure no net loss. Omitting this language has the potential to put the City in a General Comment will not be incorporated into the;would situation where a more favorable concept to better achieve no net loss PC -Wright 9 .162.026. Mitigation I do not agree. I suggest this phrase be omitted. It is not necessary. revised draft element. would not be considered or approved. For example, a degraded Requirements wetland may areas that do not exhibit wetland conditions and restoring/creating wetlands in those area in addition to enhancement be more beneficial. Should man-made wetlands/ponds be included as exemptions? Note about golf courses and the many ponds/drainage that exists an each of them. Also farms have significant drainage and stock water ponds. The definition of wetland in 20.162.046 addresses these concerns. omment will not be incorporated into the PC -Wright 10 20.162.034 Exemptions Also, we see man-made flooding from time to time that produces a These types of examples are not defined as wetland and therefore evised draft element. "new" wetland - especially in fields or along roads that receive should not be included in the exemption section. uncontrolled or mis-managed drainage. There are many examples of this in PO and South Kitsap County. This requirement is necessary in support of removal of noxious and invasive species within a critical area. While stewardship actions are encouraged, there still can be adverse impacts if not executed Same comment as above. Unless this action is in a critical area or it's Comment will not be incorporated into the correctly. For example, if a large thicket of blackberry is removed from PC -Wright 11 .162.034.3 Exemptions undeveloped buffer, this is exempt. The way this is written suggests it revised draft element. a critical area buffer and replanting is not successful than that could is not exempt and a lot of paperwork is necessary. result in erosion and water quality issues. Having an appropriate planting and monitoring plan helps ensure those types of impacts will not occur. Comment under additional consideration, PC -Wright 12 0.162.036. Exceptions RE - Type III: Not sure if this is correct. Please check. Need to verify with City staff. identify next steps for analysis. Critical Areas This section is missing an introduction as to what a variance is and how Comment under additional consideration, Need to verify with City staff. The current intro is split into two PC -Wright 13 20.162.038 variance it differs from exemptions and exceptions.... identify next steps for analysis. subsections that describe applicability. I have found that definitions work best when placed as an earlier Comment under additional consideration, Need to discuss with City staff. The location of definitions is consistent PC -Wright 14 20.162.046 Definitions chapter. The previous stuff would benefit from placing definitions up identify next steps for analysis. with the current CAO. front. There does not appear to be a formatting issue. The provided Comment will not be incorporated into the comment is in a track changes version which might not look like PC -Wright 15 20.162.044 Definitions RE -Riparian Management Zone Definition: Formatting revised draft element. formatting is correct. The clean version states "Riparian Management Zone" This language describes that any approved proposal/project would be required to enhance a buffer it is degraded and would not provide the Wetland This is confusing. Some buffers are degraded by many issues but unless Comment under additional consideration, necessary protection. For example, a wetland buffer that primarily PC -Wright 16 0.162.056. Development there is a proposal to alter the buffer or wetland, there is no trigger to identify next steps for analysis. consists of grasses as a result of past land use (pasture area) and land Standards make these changes/improvements. use changes with a proposal (high intensity) a grass buffer would not adequately provide the necessary protection. RE - Table 1: The strike-throughs make this hard to decipher. Am I Wetland reading that Cat III wetlands have the same buffer width requirements Comment will not be incorporated into the The City utilizes Option 1 in Ecology's recommendations. Per that PC -Wright 17 20.162.056 Development as Cat II wetlands??? That is not cool if so. Please check this table - revised draft element. guidance, buffers based on habitat function and not categories. Standards what this one contains will affect every landowner in PO. Wetland RE - Table 2: Same comment as above. This shows Cat II and Cat III Comment will not be incorporated into the The City utilizes Option 1 in Ecology's recommendations. Per that PC -Wright 18 20.162.056 Development wetland having the same buffer. revised draft element. guidance, buffers based on habitat function and not categories. Standards The draft CAO was reorganized to provide a more uniform review PC -Wright 19 N/A Application RE - 20.162.058 Deletion: Is this to be deleted? Seems odd. Comment will not be incorporated into the process. This section was moved up to the front of the document so Requirements revised draft element. that general requirements are all together. Determination Comment will not be incorporated into the This language was moved up to the front of Article III (Wetlands) for PC -Wright 20 N/A of Wetland RE - 20.162.060 Deletion: Is this to be deleted. Seems odd to do so. Boundaries revised draft element. constancy. This language is consistent with state and federal processes and consistent with BAS which shows that banking is the preferred Wetland This is not consistent with previous entries about mitigation banks and approach for compensatory wetland mitigation. This section has been Comment under additional consideration, PC -Wright 21 0.162.060.! Mitigation in -lieu fees. This needs to be cross checked and made understandable drafted to update the CAO to be consistent with current wetland identify next steps for analysis. Requirements to developers and land owners. THIS NEEDS A LOT OF CLEAN-UP. mitigation BAS and contains language consistent with how things are outlined in Ecology/USACE documents. Grette recommends no significant changes to this section. Wetland Comment under additional consideration, Same response as above. This language is consistent with current BAS PC -Wright 22 .162.060.51 Mitigation Same comment as above. This is not consistent with previous sections identify next steps for analysis. to approach compensatory wetland mitigation. Requirements RE - Table 5: Np and Ns streams with a 100 ft buffer may be extreme. FWHCA You are doubling the previous CAO? What is the justification? These Comment will not be incorporated into the PC -Wright 23 20.162.068 Development These updates are based on WDFW's BAS. streams can be intermittent and do not support fish species. This revised draft element. Standards should be discussed and evaluated. Pretty excessive for an enhancement plan. This could cost the Buffer developer/landowner more than the wetland delineation depending These types of assessment are common practice when preparing an Comment will not be incorporated into the enhancement plan. An Enhancement plan shall generally include PC -Wright 24 20.162.100 Enhancement on the details desired by the City. This requirement would be quite revised draft element. summary of baseline conditions and post -enhancement conditions to Plan punitive for small wetlands that need minor adjustments to the buffer demonstrate that enhancement is occurring. to make a project fit on a site. I suggest making this a bit more generic. This is an important general statement as it supports the important concepts such as buffer width averaging, buffer and habitat Comment accepted and incorporated into the WMP 1 0.162.020..Admin. -General enhancement proposals, habitat management plans, and innovative revised draft element. Noted. mitigation "every effort" is not intended to suggest trespassing. Clarification was Application "Every effort" is difficult standard to ask for as adjacent property WMP 2 0.162.022. Requirements - owners might not be local and/or might hold biases towards the Comment accepted and incorporated into the provided to describe that "every effort" is intended to visual revised draft element. assessments from public areas and using remote databases to obtain General development project and thus not cooperate with data gathering. the necessary information to prepare the applicable documentation. Onsite mitigation is not necessarily the best way to promote no -net- This language for general mitigation requirements. Grette agrees with General loss of habitat functions and long-term ecological success. Suggested this comment regarding wetland and FWHCAs; however, the CAO Comment under additional consideration WMP 3 0.162.026. Mitigation edit: "When appropriate and when success is likely, otherwise off -site includes other types of critical areas where onsite mitigation is Requirements mitigation and/or mitigation credit purchase from a permitted identify next steps for analysis. preferred. The CAO includes language that provides opportunities for mitigation bank will be encouraged" an applicants to propose off -site mitigation. General Comment accepted and incorporated into the WMP 4 0.162.026. Mitigation „ Add or service area of a permitted mitigation bank Added "or service area of a certified mitigation bank". revised draft element. Requirements Remove "adjacent" as the service area could include many drainage General basins that might not necessarily be adjacent to each other but Comment accepted and incorporated into the WMP 5 0.162.026. Mitigation ultimately support the larger system. The unique topography of the revised draft element. Requirements Kitsap Peninsula creates the need for "flexibly and attention to site - specific characteristics" (20.162.020-2) Noted. Removed "adjacent". Section 20.162.026 is intended to outline potential options to address mitigation. Similar to Subsections 8 (mitigation banks) and 9 (In -Lieu This idea deserves further development (perhaps as a separate section Fee), Subsection 11 is intended to provide another example to address of the CAO) in conjunction with other ideas like buffer enhancements, impacts. This subsection has been updated to include the term " critical area stewardship plans, integrated/naturalized stormwater buffer" to provide more clarity. including an additional subsection to General systems, adaptive management of critical areas. There should be include WMG's suggestions of including stewardship plans and WMP 6 0.162.026.1 Mitigation incentives for applicants and developers to enhance and/or create Comment under additional consideration, integrating stormwater systems would need additional consideration. Requirements habitats, be they wetlands, buffers, or important upland features. Win- identify next steps for analysis. These types of options could introduce conflicts. For example, is an win incentives can attend to ecology and economy simultaneously. engineered stormwater feature is also designed to provide Local experts and professionals can help with outlining these incentives compensatory mitigation for permanent wetland impacts that seems and creating the templates and standards. to be a double dip situation and conflict with the City's definition of wetland. Per the City's wetland definition, wetlands do not include manmade stormwater features. Agreed that manual removal limits any incentives; however, this section appears to be intended to address exemptions that includes Limiting noxious weed removal to manual methods and handheld tools minor activities that view to not result in adverse impacts. Including WMP 7 .162.034.4 Exemptions is extremely limiting and often completely impractical. This de- Comment under additional consideration, mechanical methods under an exemption introduces high level risks of incentivizes the removal or management of invasive plants. Perhaps identify next steps for analysis. adverse impacts at scale. If a property owner wants to implement reword: "methods of minimal disturbance whenever possible." large scale stewardship actions, such as enhancement, an approved buffer enhancement plan (20.162.100) should be followed. The City's definition of "wetland" already addresses this comment and Other CAOs from other jurisdictions consider wetlands inadvertently this section of code specifically states "those wetlands within the city WMP 8 20.162.054 xempt Wetland created due to the construction of roads as exempt as well. omment will not be incorporated into the meeting the definition in POMC 20.162.046". 20.162.054 is defining Agricultural ditches should also be exempt wetlands. revised draft element. when a regulated wetland is not subject to the city's mitigation sequencing requirements. All wetlands are regulated under code. There is great potential for this section of the CAO to provide incentives for habitat and CA enhancement and creation. But as it is written currently, there is little incentive for applicants to be proactive. Most of this section (and proceeding sections) is reactive and serves to regulate activities in and around CAs rather than promote the enhancement of our important natural features. The creation and Noted. This sections provides standards and requirements for all maintenance of CAOs was mandated by the Growth Management Act regulated uses and activities and is not intended to outline standards Wetland which clearly prioritizes both economic development and ecologic Comment under additional consideration, for property owners to be proactive with enhancing wetlands or their WMP 9 20.162.056 Development stewardship. Other local CAOs, like Jefferson County and The City of buffers. Staff should note the comment regarding nullifying CA Standards Bremerton have greater flexibility when it comes to development identify next steps for analysis. development standards if project adheres/utilizes a critical area standards. In fact, the CASP, or Critical Area Stewardship Plan, of stewardship plan. I don't believe the city has resources to develop Jefferson County offers a completely different route to land use that these or is planning to develop these plans in the future. can nullify CA development standards if the CASP presented offers the same or greater habitat functions that exist at a site pre -application. A more dynamic pathway to alter buffer widths is an easy and obvious first step in incentivizing development that can result in a net -positive for CA and buffers. The 2013 Best Available Science final report published by WADOE makes it abundantly clear that buffer widths are only one of many characteristics of a functioning buffer. Most factors that contribute to a buffer's effectiveness are qualitative rather than quantitative. Yet the Noted. While Ecology's 2013 report may provide explain buffer widths only characteristic other than width mentioned in a meaningful way in are one function of a buffer, Ecology's wetland guidance for CAO Wetland this section is vegetation. Much effort is given to determine the Comment under additional consideration, wetland updates outlines a predictable and straightforward approach WMP 10 0.162.056. Development quality/category of a wetland, but little is given to the quality/category to establishing buffers based on BAS and provides recommended Standards of buffers. Per the above comment here is the o opportunity to marry identify next steps for analysis. buffer widths to Protech wetland functions. The city's CAO updates economy and ecology by offering incentives (more buildable land) for include the buffer recommendations in Ecology's 2022 guidance. To the desired outcome (a higher functioning buffers). Templates for such discuss with city staff. a buffer rating and enhancement system are being developed by local professionals and WMP has discussed the same concept with WADOE and USACE for our upcoming mitigation bank. Wetland RE -Buffer averaging shall not be used in conjunction with a buffer Comment will not be incorporated into the Incorporating both in a proposal presents a double dip situation. Per WMP 11 0.162.056. Development reduction: Why? revised draft element. Ecology's 2022 guidance, averaging should not be combined with other Standards ]this buffer reductions. Wetland RE: Maximum buffer reduction of up to 25%: Why 25%? This seems omment will not be incorporated into the Ecology's 2022 guidance utilizes BAS and this guidance recommends WMP 12 .162.056.5 Development like an arbitrarily limiting factor towards improved buffer function. evised draft element. limit. Standards POMC 20.162.026 requires an applicant to provide mitigation 20.162.024 relates to wetland mitigation and is, again reactive rather sequencing when a proposed alteration to a critical area or than proactive. Avoidance and non -avoidance will both lead to a modification is proposed. This comment is associated with buffer Wetland degraded buffer function if the buffer is already degraded or sub- Comment under additional consideration, alterations. We disagree with the suggestion that a situation where a WMP 13 .162.056.5 Development optimal. If an applicant proposes to improve buffer functions via a identify next steps for analysis. reduction is unavoidable will lead to a degraded buffer is that buffer is Standards Buffer Enhancement Plan, CASP, or similar plan, why add the step of already degraded. This section of code also requires an buffer avoiding reducing the buffer that is suboptimal? modification to submit a buffer enhancement plan which are intended to improve buffer functions and ensure a project would lead to further degrading existing buffer functions. WMP 14 .162.060.Sl Wetland Mitigation Requirements "and/or Federal rule" as some mitigation banks are certified only through USACE Comment accepted and incorporated into the revised draft element. Revised. WMP 15 .162.060.51 Wetland Mitigation Requirements Great addition and one that can be expanded to include buffers and other development standards, such as buffer widths and setbacks. The BAS supports it and applicants will too. Comment accepted and incorporated into the revised draft element. Noted. 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(c) Meeting Date: February 4, 2025 Title 20 Updates: Unit Lot Prepared by: Nick Bond, AICP, Development Subject: Subdivision Director Issue: The City of Port Orchard proposes amendments to the Port Orchard Municipal Code (POMC) to establish a new section, 20.87 Unit Lot Subdivision, and to update related sections of POMC, including Chapters 20.22, 20.80, 20.82, 20.98, and 20.100, for consistency. These amendments are designed to provide flexibility in land use regulations and encourage fee -simple ownership of detached houses and middle housing types, consistent with the City's adopted Comprehensive Plan and state law mandates. The proposed POMC 20.87 Unit Lot Subdivision establishes a framework for subdividing land into unit lots while maintaining compliance with broader zoning and development standards at the parent lot level. This amendment supports housing diversity and aligns with the City's goals for sustainable growth and development. Summary of Amendments related to Unit Lot Subdivisions: 1. Purpose and Applicability (20.87.010 & 20.87.020). The purpose of this chapter is to enable subdivision of land for detached houses and middle housing buildings on lots where traditional subdivisions are impractical due to dimensional standards. Summarized as follows: • Dimensional standards apply to the parent lot rather than individual unit lots. • Applicability is limited to residential zones (R1, R2, R3, and R4) and excludes stacked units within a single structure. • Individual unit lots may contain nonconforming dimensions but must meet open space and amenity requirements for each dwelling unit. • Existing legal structures may utilize this subdivision process without increasing nonconformity. 2. Decision Types and Application Requirements (20.87.040 & 20.87.050). Unit lot subdivisions are categorized by lot count: • 9 or fewer unit lots: Type II preliminary decision and Type I final decision. 10 or more unit lots: Type III preliminary decision and Type I or Type IV final decision, depending on public infrastructure dedication. Application submittal requirements align with POMC 20.86.060, Short Plat, for smaller subdivisions and POMC 20.88.040, Preliminary Plat, for larger subdivisions, with additional documentation to demonstrate compliance with unit lot subdivision standards. 3. Development Standards (20.87.060 & 20.87.070) • Parent lots must comply with underlying zoning dimensional standards. • Individual unit lots are exempt from minimum lot area, lot width, and other dimensional standards but must collectively meet zoning requirements for the parent lot. • Critical area buffers, setbacks, and maintenance easements are required to ensure functionality and accessibility. 4. Approval Criteria and Conditions (20.87.090). Approval of unit lot subdivisions require: • Access and utility provisions for each unit lot. • Pedestrian and vehicular access easements or shared tracts. • Compliance with parking requirements, with flexibility for shared parking arrangements within the parent lot. • Homeowners' associations or shared maintenance agreements for common areas and infrastructure. 5. Preliminary and Final Subdivision Approval (20.87.100 & 20.87.110) • Preliminary approval authorizes development of construction plans in compliance with the Public Works Engineering Standards. • Final plats must include all required easements, maintenance agreements, and notes regarding unit lot use restrictions and a limitation on further subdivision of unit lots. 6. Modifications to Approved Subdivisions (20.87.120) • Minor modifications (Type I decisions) allow minor adjustments to lot lines or conditions without altering the overall development. • Major modifications (Type II or III decisions) require re-evaluation of the preliminary approval and adherence to all initial criteria. Amendments to Related POMC Sections are required to ensure consistency. Revisions are proposed for the following: • POMC 20.22: Clarifies application processes for unit lot subdivisions. POMC 20.80, 20.82, 20.98, and 20.100: Adds references to unit lot subdivisions in zoning, subdivision, and procedural chapters. The proposed amendments establish a flexible and practical framework for unit lot subdivisions, promoting fee -simple ownership opportunities while maintaining compliance with zoning and development standards. These updates align with the Comprehensive Plan and state mandates to support housing diversity and affordability. The Planning Commission is requested to review and provide feedback on the proposed amendments. Following public input staff will prepare a finalized ordinance which will incorporate other Middle Housing Amendments still to be reviewed by the Planning Commission. After taking public testimony, deliberating 2 and making a recommendation to the City Council regarding all amendments, the recommendation will be forwarded to the City Council for consideration later in 2025. Attachments: Redline versions of POMC Title 20.22, 20.80, 20.82, 20.98, 20.100, and POMC 20.87 Unit Lot Subdivisions Chapter 20.22 PERMITTING AND DEVELOPMENT APPROVAL — PERMIT PROCESS TYPES Sections: 20.22.010 Classification. 20.22.020 Determination of types —Table. 20.22.030 Type I (administrative decision, judicial appeal). 20.22.040 Type 11 (administrative decision, hearing examiner appeal). 20.22.050 Type III (hearing examiner decision, -judicial appeal). 20.22.060 Type IV (city council decision,mudicial appeal). 20.22.070 Type V (legislative actions). 20.22.010 Classification. The review and approval of land use and development permit applications shall be classified as either Type 1, II, 111, IV, or V based on who makes the decision, the amount of discretion exercised by the decision maker, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity. The types of decisions are set forth in this chapter. The application procedures identified in this chapter shall be pursuant to Chapter 20.24 POMC. (Ord. 011-19 § 5 (Exh. 2); Ord. 029-18 § 2; Ord. 019-17 § 18 (Exh. 1)). 20.22.020 Determination of types —Table. (1) Determination of Proper Decision Type. The director shall determine the proper review procedure for all land use and development permit applications and actions. If there is a question as to the appropriate type of process, the director shall resolve it in favor of the higher process type number. (2) Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or processed individually under each of the procedures identified by the code. The applicant may determine whether the application shall be processed collectively or individually. If the application is processed under the individual procedures option, the highest numbered type procedure must be processed prior to the subsequent lower numbered procedure. If the individual procedure option is chosen, the applicant will be eligible for any fee reduction contained in the current fee schedule. Table 20.22.020 —Permit Review Type Classifications Type I Type II Type III Type IV Type V Director Director Decision HE Decision City Council City Council Decision Decision Decision HE Appeal Judicial Appeal Judicial Appeal Judicial Appeal GMHBAppeal Building Permitl Short Plat, Unit Lot Preliminary Plat, Final Plat (Chapter Development (Subtitle X of this Subdivisions. Preliminary Plat Major 20.90 POMC) Agreement title) Preliminary, Modifications, (Chapter 20.26 Alteration of Alteration of Final, Site -Specific POMC) Binding Site Plan, preliminary, Vacation of Final Rezone without Final (Chapter Alteration of Final, (Chapters 20.88 and Comprehensive Comprehensive 20.94 POMC) Vacation of Final 20.96 POMC) Plan Amendment Plan Amendment— Preliminary Plat — (Chapters 20.86 (Chapter 20.42 Land Use Map Minor and 20.96 POMC) Variance (Chapter POMC) Amendment, Text 20.28 POMC) Amendment Modifications Temporary Use (Chapter 20.04 (Chapter 20.88 permit (Chapter Conditional Use POMC) POMC) 20.58 POMC) Permit (Chapter 20.50 POMC) Legislative Zoning Minor Land Binding Site Plan — Map Amendment Disturbing Activity Preliminary, Shoreline Substantial Chapter 20.06 ( p Permit (Chapter Alteration of Development Permit, POMC) 20.140 POMC and Preliminary, Conditional Use POMC Alteration of Final, Permit, and POMC Title 20 20.150.100) Vacation of Final Nonadministrative Code Amendment Boundary Line (Chapter 20.94 Variance (Chapter (Chapter 20.06 Adjustment POMC) 20.164 POMC) POMC) (Chapter 20.84 Stormwater Planned Residential Annexations2 POMC) Drainage Permit Developments Code (Chapter20.150 FinalPlat— Alteration Interpretation POMC) or Vacation (Chapter (Chapter 20.10 Sign Permit (if 20.96 POMC) POMC) SEPA required) View Protection Legal (Chapter 20.132 Overlay District Nonconforming POMC) (VPOD) Variance Permit (Chapter Shoreline (POMC 20.38.860) 20.54 POMC) Substantial Flood Damage Short Plat, Final Development Prevention Variance (Chapter 20.86 Permit, (Chapter 20.170 POMC) Administrative POMC) Table 20.22.020 —Permit Review Type Classifications Type I Type II Type III Type IV Type V Director Director Decision HE Decision City Council City Council Decision Decision Decision HE Appeal Judicial Appeal Judicial Appeal Judicial Appeal GMHBAppeal Sign Permit (if (Chapter 20.164 SEPA not POMC) required) (Chapter 20.132 Sign Variance POMC) (Chapter 20.132 POMC) Master Sign Plan Shoreline Permit Major Land Flood Damage Exemption Disturbing Activity Prevention Appeal (Chapter 20.164 Permit (Chapter (Chapter 20.170 POMC) 20.140 POMC and POMC) POMC 20.150.100) Temporary Use Permit, Extension Variance — (Chapter 20.58 Administrative POMC) (Chapter 20.28 POMC) Untyped review and decision actions: preapplication meeting (Chapter 20.24 POMC), design review board review and recommendation (POMC 20.127.030), tax exemption for multifamily development (Chapter 3.48 POMC), capacity reservation certificate (Chapter 20.180 POMC), public works design variation, right-of-way permit (Chapter 12.04 POMC), street use permit (Chapter 12.24 POMC), water/sewer connection permit (Chapter 13.04 POMC). 1 If a building permit application does not require SEPA review, no public notice is required. If a building permit application requires SEPA review, public notice shall be provided consistent with the requirements for Type II applications pursuant to Chapter 20.25 POMC. 2 A development agreement that is consolidated with a Type I, II, III, or IV project permit application may be appealed pursuant to Chapter 36.70C RCW. (Ord. 059-21 § 2; Ord. 033-20 § 3; Ord. 030-20 § 2; Ord. 029-19 § 1; Ord. 011-19 § 5 (Exh. 2); Ord. 029-18 § 2; Ord. 010-18 § 4; Ord. 019-17 § 18 (Exh. 1)). 20.22.030 Type I (administrative decision, judicial appeal). (1) General. Type I applications are defined pursuant to POMC 20.22.020. All Type I actions must meet all applicable requirements of the POMC in addition to the requirements specified in this subtitle. Chapter 20.80 SUBDIVISIONS —GENERAL PROVISIONS Sections: 20.80.010 Title. 20.80.020 Authority. 20.80.030 Purpose. 20.80.040 Applicability. 20.80.050 Exemptions. 20.80.060 Document forms. 20.80.070 Consent to access. 20.80.080 Limitation of liability. 20.80.090 Severability. 20.80.010 Title. (1) The ordinance codified in this subtitle shall be known as the city of Port Orchard subdivision code. (2) This chapter shall be entitled "Subdivisions — General Provisions." The provisions of this chapter shall apply to all chapters within this subtitle. (Ord. 056-19 § 20; Ord. 028-19 § 3 (Exh. 1); Ord. 019- 17 § 18 (Exh. 1)). 20.80.020 Authority. This subtitle is adopted pursuant to the provisions of Chapter 58.17 RCW and the general police powers granted to the city pursuant to Chapters 35A.13 and 35A.63 RCW and other applicable Laws. (Ord. 056-19 § 20; Ord. 028-19 § 3 (Exh. 1); Ord. 019-17 § 18 (Exh. 1)). 20.80.030 Purpose. The purpose of this subtitle is to provide rules, regulations, requirements, and standards for the subdivision of land, for obtaining binding site plans, unit lot subdivisions, and of the adjustment of existing lot lines within the city, ensuring: (1) That the highest feasible quality in subdivisions will be obtained; (2) That the public health, safety, general welfare, and aesthetics of the city shall be promoted and protected, complying with the provisions of Chapter 58.17 RCW; (3) That orderly growth, development, and the conservation, protection, and proper use of land shall be promoted; (4) That the proper provisions for all public facilities, including connectivity, circulation, utilities, and services, shall be made; (5) That maximum advantage of site characteristics shall be taken into consideration; (6) Undue and unnecessary burdens are not placed on either the applicant or the city; and (7) That the process shall be in conformance with provisions set forth in this title and the Port Orchard comprehensive plan. (Ord. 056-19 § 20; Ord. 028-19 § 3 (Exh. 1); Ord. 019-17 § 18 (Exh. 1)). 20.80.040 Applicability. (1) The provisions of this subtitle shall apply to all lot line adjustments and the division of any land within the corporate limits of the city of Port Orchard for sale, lease, transfer, or building development into two or more parcels, except as expressly stated in this subtitle. (2) Land use review procedures provided in Subtitle II (Permitting and Development Approval) of this title shall apply in addition to applicable provisions within this subtitle. (3) No person, firm, or corporation proposing to make, or having made, any division of land as described above within the city limits shall enter any contract for the sale of, or shall offer to sell, any part of the division without having first obtained its approval as a short plat, subdivision plat, unit lot subdivision, or binding site plan in accordance with this subtitle, unless such agreement for sale complies with RCW. (4) All contiguous land shall be included in a plat application. Multiple applications or applications and/or exemptions shall not be utilized as a substitute for comprehensive subdividing in accordance with the requirements of this subtitle. The applicant shall certify that they have included all contiguous land in a plat application and that they do not own or otherwise have a legal interest in ownership of contiguous parcels. (5) Any land being divided into nine or fewer parcels, lots, tracts, or sites shall conform to the short plat provisions of this subtitle. Nothing in this subtitle shall prevent a landowner who has short - platted a parcel into fewer than nine lots from filing a short plat within a five-year period to create up to a total of nine lots within the boundary of the original short plat. Any land being divided into 10 or more parcels, lots, tracts, or sites for any purpose, and any land which has been divided under the short plat process within five years, shall conform to the provisions of the preliminary and final plat procedures of this subtitle. The only exception to this provision shall be those lands being subdivided through the binding site plan procedures of this subtitle. (Ord. 017-23 § 1; Ord. 059-21 § 9; Ord. 056-19 § 20; Ord. 028-19 § 3 (Exh. 1); Ord. 019-17 § 18 (Exh. 1)). 20.80.050 Exemptions. Pursuant to RCW 58.17.040, the following activities are not considered short plats or plats and the provisions of this subtitle shall not apply: (1) Cemeteries and other burial plots while used for that purpose; (2) Divisions made by testamentary provisions, or the laws of descent; (3) Divisions of land into lots or tracts classified for industrial or commercial use when the city has approved a binding site plan for the use of the land in accordance with this subtitle; (4) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city has approved a binding site plan for the use of the land in accordance with this subtitle; (5) Lot line adjustments made pursuant to this subtitle; (6) A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. "Personal wireless service" means any federally licensed personal wireless service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters and support structures; (7) A division of land related to the acquisition or exchange of land by public agencies for public use, except human occupancy, including but not limited to subdivisions made for road construction purposes; (8) Portions of property deeded to the city for the limited purpose of providing a right-of-way and/or utility facilities, such as but not limited to the installation of linear utility facilities, such as electric power lines, telephone lines, water supply lines, sewer service lines, cable lines or other utility facilities of a similar or related nature; or a pump house, reservoir or well site; provided the remaining property is not reduced in size below the minimum square footage required by applicable zoning, that no conflict is created with any applicable design standards for the property, and that written approval from the community development director is received; (9) Division of land due to condemnation or sale under threat thereof by an agency or division of government vested with the power of condemnation; if sale is made under threat of condemnation, such threat must be evidenced by the government agency filing affidavit so stating with the county auditor. (Ord. 017-23 § 1 (Exh. A); Ord. 056-19 § 20; Ord. 028-19 § 3 (Exh. 1); Ord. 019-17 § 18 (Exh. 1)). 20.80.060 Document forms. All short plats, final plats, unit lot subdivisions, replats or binding site plans shall contain the elements listed in RCW 58.17.160. In addition, the legal description of the subdivision, unit lot subdivision_ binding site plan, or boundary line adjustment, and easements, dedications, acknowledgements, and other statements, shall appear substantially in the form as follows, based on the type of land division to be recorded: (1) Easements (Sample Utility Easement). An easement is reserved for and granted to (the names of all the utilities, public and private, serving the area) and their respective successors and assigns under and upon the exterior ten (10) feet of front boundary lines of all lots and tracts, in which to install, lay, construct, renew, operate, maintain and remove utility systems, lines, fixtures and appurtenances attached thereto, for the purpose of providing utility services to the subdivision and other property, together with the right to enter upon the lots and tracts at all times for the purposes stated, with the understanding that any grantee shall be responsible for all unnecessary damage it causes to any real property owner in the subdivision by exercise of rights and privileges herein granted. (2) Dedication. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered to all intents and purposes as a quitclaim deed to the said donee or donees, grantee or grantees, for their use for the purpose intended by the grantors or donors. Know All Persons by these Presents that we, the undersigned owners in the fee simple or contract purchaser and mortgage holder of the land hereby platted, hereby declare this plat and dedicate to the use of the public forever all streets and avenues shown thereon and use thereof for all public purposes not inconsistent with the use thereof for public highway purposes; also the right to make all necessary slopes for cuts and fills upon the lots and blocks shown on this plat in the original reasonable grading of the streets and avenues shown hereon. The undersigned owners hereby waive all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. This subdivision has been made with our fee consent and in accordance with our desires. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _ day of [Signature blocks and Notary Certificate to follow] (3) Acknowledgements or Notary Certificate. The forms for notary certificates are set forth in RCW 42.44.100. (4) Surveyor's Certificate. hereby certify that the plat of is based upon a complete and actual survey and subdivision of Section_, Township_, Range_, East W.M.; that the courses and distances are shown correctly thereon, that the monuments have been set and the lot and block corners staked correctly on the ground; that this is a true and correct representation of the lands actually surveyed and that I have fully complied with the provisions of the statutes and platting regulations. Certificate: Expiration:_ Date: (5) City Engineer's Approval. I hereby certify that this final/short plat/unit lot subdivision, is consistent with all applicable Town/City improvement standards and requirements in force on the date of preliminary/short plat approval. I have approved this final/short plat/unit lot subdivision as to the layout of streets, alleys and other rights -of -way, design of bridges, sewage and water systems and other structures. Examined and approved by me this —day of, 20. City Engineer. (6) Community Development Director's Approval. I hereby certify that this final/short plat/unit lot subdivision is consistent with all applicable Town/City improvement standards and requirements in force on the date of preliminary/short plat approval. I have approved this final/short plat/unit lot subdivision, as to the layout of streets, alleys and other rights -of -way, design of bridges, sewage and water systems and other structures. Examined and approved by me this —day of, 20. Community Development Director. (7) City Council Approval. Approved by the City Council of the City of , this _ day of Mayor ATTEST: City Clerk (8) City Finance Director Approval. hereby certify that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged. Executed this _ day of , 20. Finance Director (9) County Treasurer Approval. This is to certify that all taxes heretofore levied and which has become a lien upon the lands herein described, have been fully paid and discharged, according to the records of my office, up to and includingthe yea r_. Executed this _ day of , 20. County Treasurer (10) County Auditor. Filed at the request of , this day of , 20, and recorded in Volume of Plats, page(s) , Records of County, Washington. County Auditor (Ord. 017-23 § 1 (Exh. A); Ord. 056-19 § 20). 20.80.070 Consent to access. All persons applying for approvals under this subtitle shall permit free access to the land subject to the application to all agencies with jurisdiction considering the proposal for the period of time extending from the date of application to the time of final action. (Ord. 056-19 § 20; Ord. 028-19 § 3 (Exh. 1); Ord. 019-17 § 18 (Exh. 1). Formerly 20.80.060). 20.80.080 Limitation of liability. It is the specific intent of this subtitle and procedures adopted under this subtitle to place the obligation of complying with the requirements of this subtitle upon the permittee, and no provision is intended to impose any duty upon the city, or any of its officers, employees, or agents. Nothing contained in this subtitle is intended to be or shall be construed to create or form the basis for Liability on the part of the city, or its officers, employees, or agents, for any injury or damage resulting from the failure of the permittee to comply with the provisions of this subtitle, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this subtitle or any procedures adopted under this subtitle by the city, its officers, employees, or agents. (Ord. 056-19 § 20; Ord. 028-19 § 3 (Exh. 1); Ord. 019-17 § 18 (Exh. 1). Formerly 20.80.070). 20.80.090 Severability. If any part, sentence, paragraph, subsection, section, or clause of this subtitle is adjudged unconstitutional, or held invalid, the remainder of the subtitle or the application of the provisions to other persons, property, structures, or circumstances shall not be affected. Whenever any condition or limitation is included in an order authorizing a planned development or any site plan approval, it shall be conclusively presumed that the authorizing officer or body consider such condition or limitation necessary to carry out the spirit and purpose of this subtitle or the requirement of some provision hereof, and to protect the public health, safety, and welfare, and that the officer or bodywould not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful. (Ord. 056-19 § 20; Ord. 028-19 § 3 (Exh. 1); Ord. 019-17 § 18 (Exh. 1). Formerly 20.80.080). Chapter 20.82 ADMINISTRATION AND ENFORCEMENT Sections: 20.82.010 Interpretation — Conflict. 20.82.020 Review and approval procedures. 20.82.030 Vesting. 20.82.040 Violations, enforcement, and penalties. 20.82.050 Appeals. 20.82.010 Interpretation —Conflict. (1) In their interpretation and application, the provisions of this subtitle shall be considered the minimum requirements required. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety, and welfare. (2) Except as provided for otherwise in this subtitle, the community development director or designee shall have the authority for interpreting the meaning, words, phrases, and sentences set forth in this subtitle and the determination of how specific situations are regulated by this subtitle. (3) Whenever, in the course of administration and enforcement of this subtitle, it is necessary or desirable to make any administrative decision, unless other standards are provided for, the decision shall be made so that the result will not be contrary to the spirit and purpose of this subtitle or injurious to the surrounding neighborhood. When this subtitle imposes a greater restriction or higher standard on the development and uses of land or improvements thereon than is required by other codes, rules, or private covenants or agreements, the provisions of this subtitle shall prevail and shall be followed. Regardless of any other provision of this subtitle, no land shall be divided in violation of any local, state, or federal law or regulation. (4) Appeals of an administrative interpretation of this subtitle shall be processed in accordance with the provisions of Subtitle II (Permitting and Development Approval) of this title. (Ord. 019-17 § 18 (Exh. 1)). 20.82.020 Review and approval procedures. (1) The procedures for approval of short and long plats, binding site plans, unit lot subdivisions, and all subdivisions not exempt from this subtitle, as well as the vesting of rights related to those types of approvals, are set forth in this subtitle. All such provisions require consistency with the requirements of RCW Title 58 (Boundaries and Plats) or its successors, as applicable to the type of land division being proposed. (2) In addition to compliance with this subtitle, all subdivisions, short subdivisions, unit lot subdivisions, boundary line adjustments, binding site plans, preliminary plat amendments, subdivision alterations, and vacations shall adhere to all applicable adopted city standards and regulations, including, but not limited to, the comprehensive plan, the shoreline master program, the sewer comprehensive plan, the water system plan, the comprehensive stormwater drainage plan, the city's street and utility standards, the city's zoning and building codes, the city's concurrency ordinance, public works and street standards, stormwater drainage code, critical areas ordinance and flood control ordinance, all of which have been adopted by ordinance and are on file with the city clerk. (3) For purposes of compliance with RCW Title 58 or its successors, the eCity of Port Orchard subdivision regulations shall consist of this subtitle, as well as applicable substantive standards in Subtitle X (Building and Construction Standards), Subtitle VIII (Environmental Regulations), and Subtitle III (Zoning Regulations) of this title, applicable procedures set forth in Subtitle II (Permitting and Development Approval) of this title, and any related local regulations or ordinances adopted in accordance with state law. (4) For purposes of compliance with the Ceity's design regulations and development standards, applications shall be reviewed for compliance with POMC Title 12 (Streets and Sidewalks) and Subtitle X (Building and Construction Standards) of this title. (5) The limitations imposed by this section shall not restrict conditions imposed under Chapter 43.21 C RCW. (Ord. 019-17 § 18 (Exh. 1)). 20.82.030 Vesting. A complete application for a short plat, unit lot subdivision, preliminary plat or binding site plan shall be considered under the subdivision, short subdivision or preliminary binding site plan regulations and zoning or other land use control ordinances in effect on the land at the time the fully completed application for the preliminary plat approval of the subdivision, short preliminary plat approval of the short subdivision, preliminary approval of a unit lot subdivision, or a preliminary binding site plan has been submitted to the department of community development. The limitations imposed by this section shall not restrict conditions imposed under Chapter 43.21 C RCW (the State Environmental Policy Act). (Ord. 019-17 § 18 (Exh. 1)). 20.82.040 Violations, enforcement, and penalties. (1) General. It is a violation of this subtitle for a person to divide, segregate, sell, or transfer, or offer to sell or transfer, real property in violation of this subtitle. It is a violation of this subtitle to do any other thing with respect to a lot, tract, parcel, or property in the city that violates this subtitle or violates a plat or short plat restriction imposed by the city. (2) Enforcement. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this subtitle or of any notice or lawful order issued hereunder. Except as otherwise provided in this section, anyviolation of this subtitle shall be subject to the enforcement and penalty provisions of Chapter 20.02 POMC, Administration and Enforcement. (3) Any person or any agent thereof who divides land into lots, tracts, or parcels of land and sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat, short plat, unit lot subdivision, boundary line adjustment, or binding site plan filed for record, or who otherwise violates or fails to comply with any of the provisions of this subtitle, shall be guilty of a gross misdemeanor. Each violation involving a separate lot, tract, or parcel of land is a separate and distinct offense; provided, an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is not a violation of this subtitle if performance of the offer or agreement is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to the seller shall be permitted until the final plat is recorded. (4) Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of this subtitle or any term or condition of plat approval prescribed for the plat, the city may commence an action to restrain and enjoin such use and compel compliance with the provision, terms, or conditions. The costs of such action may be taxed against the violator. (5) Any person who violates any court order or injunction issued pursuant to this subtitle is guilty of a misdemeanor. (6) No building permit, septic tank permit, or other development permit shall be issued for any lot, tract, or parcel of land divided in violation of this subtitle unless the authority authorized to issue such permit finds that the public interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. All purchasers' or transferees' property shall comply with provisions of this subtitle and each purchaser or transferee may recover their damages from any person, firm, corporation, or agent selling or transferring land in violation of this subtitle, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this subtitle as well as cost of investigation, suit, and reasonable attorneys' fees occasioned thereby. Such purchaser or transferee may, as an alternative to conforming their property to these requirements, rescind the sale, or transfer and recover costs of investigation, suit, and reasonable attorneys' fees occasioned thereby. (7) The director of the department of community development has the authority to adopt rules and regulations to carry out the provisions of this subtitle and has the authority to administer and enforce this subtitle and any such rules and regulations. (Ord. 017-23 § 1 (Exh. A); Ord. 024-19 § 1 (Exh. 1); Ord. 019-17 § 18 (Exh. 1)). 20.82.050 Appeals. Appeals of decisions made pursuant to this subtitle shall be as set forth in the applicable chapter and pursuant to Subtitle II (Permitting and Development Approval) of this title. (Ord. 019-17 § 18 (Exh. 1)). Chapter 20.87 UNIT LOT SUBDIVISIONS Sections: 20.87.010 Purpose and Applicabi ft. 20.87.020 Applicabilitk 20.87.030 Preapplication conference. 20.87.040 Decision type. 20.87.050 Application Submittal Requirements 20.87.060 Minimum requirements of parent lot for unit subdivision. 20.87.070 Deviation from Dimensional Standards. 20.87.080 Subdivision of Middle Housing Units on a Single Lot. 20.87.90 Approval Criteria. 20.87.100 Effect of preliminary unit lot subdivision approval- Expiration. 20.87.110 Final Plat Approval Criteria. 20.87.120 Modifications to an Approved Unit Lot Subdivision 20.87.010 Purpose and Aaalicability. 1. Purpose. The purpose of this chapter is to allow the subdivision of land for detached houses and middle housing buildings on lots where subdivision is not otherwise possible due to conflicts between characteristics of the development type and applicable dimensional standards in POMC 20.34. In such cases, the unit lot subdivision process provides opportunities for fee simple ownership of land as an alternative to condominium ownership. Unit lot subdivision applies the dimensional standards in POMC 20.34 to the overall site, the "parent lot," while allowingflexibility in the dimensional standards for the subordinate "unit lots." This section is not intended to permit uses or densities that are not otherwise allowed in the land use designations in which a unit Lot subdivision is proposed nor is it intended to accept public infrastructure. 20.87.020 Applicabilitk 1. The provisions of this Chapter apply exclusively to the unit subdivision of land for residential development including detached houses and middle housing buildings in all zones in which these building types are permitted, or any combination of the above types of residential development as permitted in the applicable zones. 2. Individual unit lots may contain stacked units. Stacked units are not eligible for unit lot subdivision within the structure. 10976042.2 - 366922 - 0021 3. Only sites located in the Residential Zoning Designations (131, R2, R3, or 134) may be subdivided into unit lots pursuant to this Chapter. 4. The development shall meet development standards applicable at the time the permit application is vested in accordance with Chapter 20.08 POMC. As a result of the unit lot subdivision, development on individual unit lots may be nonconforming as to some or all of the development standards based on analysis of the individual unit lot, except that any private usable open space or private amenity area for each dwelling unit shall be provided on the same unit lot as the dwelling unit it serves. 5. For previously developed lots, unit lot subdivision may be used to provide fee -simple ownership, provided that any buildings or structures are legally occupied, and provided the unit lot subdivision does not increase nonconformity to any City ordinance, or state or federal law. Inconsistency of existing development with the provisions of this section shall not constitute justification for a variance under Chapter 20.28 POMC. 6. Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent lot or the unit lots. 20.87.030 Preapplication conference. 1. For the purpose of expediting applications and reducing subdivision and site plan design and development costs, developers are encouraged, but not required, to request a pre -application conference, pursuant to Chapter 20.22 POMC, to discuss land use, site design, required improvements, and conformance with this chapter and additional applicable provisions of this title. 2. The preapplication conference is advisory only and neither the applicant nor city staff shall be bound by any determinations made therein. 20.87.040 Decision type. 1. A preliminary unit lot subdivision, for 9 or fewer unit lots, is a Type II decision and a final unit Lot subdivision is a Type I decision. . 2. A preliminary unit lot subdivision, for 10 or more unit lots, is a Type III decision and a final unit lot subdivision is a Type I decision where no dedication of public infrastructure occurs, otherwise a final unit lot subdivision is a Type IV decision. 3. Unit lot subdivisions shall be processed in accordance with the procedures for such decision types as set forth in Chapter 20.22 POMC. 20.87.050 Application Submittal Requirements 1. Unit lot subdivisions for 9 lots or fewer shall include all documents and information as set forth in POMC 20.86.060. In addition, the applicant shall provide all information necessary to satisfy the requirements of this chapter and demonstrate that the proposal meets all requirements for zoning and site development. 2. Unit lot subdivisions for 10 lots or more shall include all documents and information as set forth in POMC 20.88.040. In addition. the applicant shall provide all information necessarvto satisfv the 10976042.2 - 366922 - 0021 requirements of this chapter and demonstrate that the proposal meets all requirements for zoning and site development. 20.87.060 Minimum requirements of parent lot for unit subdivision. 1. The overall development on the parent lot proposed for unit lot subdivision shall maintain consistency with the development standards applicable to the zoning district and the building type at the time the application is vested. 2. The minimum parent lot size for a unit lot subdivision shall be the minimum lot size set forth in Chapter 20.34 POMC, or at least 1,000 square feet for a legal non -conforming lot, provided, however, that each may be divided into no more than the number of lots equal to the maximum number of dwelling units allow on that lot under POMC 20.34.030 regardless of the minimum lot size. 3. Setbacks from the perimeter property lines of the parent lot shall conform to the setbacks for the underlying zoning district where the development is proposed. 20.87.070 Deviation from Dimensional Standards. 1. Development on individual unit lots within the unit lot subdivision need not conform to the minimum lot area, minimum width, maximum lot coverage or other dimensional requirements; provided, however, that any building located upon a unit lot shall comply with the maximum building height requirements of the underlying zoning designation. In addition, the lot coverage maximum for the underlying zone shall apply collectively to all properties within the unit lot subdivision and the parent lot. 2. Subsequent additions or modification to the structure(s) shall not create any nonconformity of the parent lot. 3. Structures on unit lots and structures divided by unit lots that conform to a recorded unit Lot subdivision will not be considered nonconforming under POMC 20.54. 20.87.080 Subdivision of Middle Housing Units on a Single Lot. 1. Each building shall be subject to the design standards referred to in POMC 20.32 except where they conflict with the provisions of this section. 2. Subdivision of zero -lot -line developments shall provide a five-foot wide building maintenance easement on adjacent unit lots for external walls, eaves, chimneys, and other architectural features that rest directly on or within five feet of a lot line. 3. Each unit lot shall be entirely outside of a critical area buffers, and building setbacks shall be reauired from anv critical area buffer consistent with POMC 20.162. 20.87.090 Approval Criteria. 10976042.2 - 366922 - 0021 1. In addition to any other standards and approval criteria applicable to a unit lot subdivision proposal, including but not limited to criteria in POMC 20.32, POMC 20.34, POMC 20.86.080, 20.88.040 and this chapter, proposals shall be subject to the following: a. Each unit lot shall have access and service as required by utility and emergency service providers. b. Each unit lot shall have perpetual access to any shared amenity space required per the applicable development standards for the underlying zoning district for the development type. c. Each unit lot shall have pedestrian access to an adjacent right-of-way, with a minimum five -foot -wide access easement. d. A separate tract for common areas, access, and utilities may be required in lieu of multiple easements. e. Off-street parking shall be calculated and designed for each unit lot in compliance with POMC 20.124within the parent lot. Required parking for a dwelling unit may be provided on a different unit lot, within the parent lot, than the lot with the dwelling unit, provided the right to use that parking is formalized by an easement on the face of the final plat, as recorded with the Kitsap County Auditor. f. Existing Structures. Existing legal non -conforming structures proposed for inclusion in a unit lot subdivision and created prior to July 1, 2025 are not required to correct non -conformity, but the unit lot subdivision may not result in an increase in the degree of non -conformity. Approval of departure requests from the standards herein may be granted by the decision -making authority when an applicant adequately demonstrates that an existing legal non -conformity, as described above, creates an inability to satisfy all approval criteria of this section, 20.87.100 Effect of preliminary unit lot subdivision approval— Expiration. 1. Approval of the preliminary unit lot subdivision by the city shall constitute direction to the applicant to develop construction plans and specifications for the required public facilities, in strict conformance with the approved preliminary unit lot subdivision, the adopted Public Works Engineering Standards and Specifications and any special conditions imposed on the approval. 2. Permission shall not be granted for installation of required public facilities until all construction plans and specifications have been approved in writing bythe city, pursuant to POMC 20.140. 3. Preliminary unit lot subdivision approval shall expire if a final unit lot subdivision application has not been submitted pursuant to the deadlines established in POMC 20.86.130. 20.87.110 Final Unit Lot Subdivision Approval Criteria. 1. All unit lot subdivisions shall comply with Conditions imposed as part of the preliminary unit lot subdivision decision. 2. The final unit lot subdivision (plat) map shall contain all required elements for final plat in POMC 20.90. In addition. the plat shall include the following: 10976042.2 - 366922 - 0021 a. The areas and locations of all public and private streets and ways, parcel and lot lines, utilities, public and private street improvements, open spaces, and other items specified by POMC 20.90.030. b. The site development, driveways, parking layout, landscaping, lighting, signs, building perimeters and elevations. c. The use and type of proposed buildings. d. Maintenance easements shall be shown on the face of the plat. e. All access and utility easements, joint use and maintenance agreements, and covenants, conditions, and restrictions identifying the rights and responsibilities of property owners and/or the homeowners association or other legally binding perpetual shared use and maintenance agreements shall be executed for use and maintenance of common facilities and/or appurtenances shall be recorded with the Kitsap County Auditor on the face of the final plat. f. A homeowners association or other form of legally binding perpetual shared use and maintenance agreement, which complies with the requirements of the utilities serving the property shall be required when utilizing shared facilities. g. Portions of the parent lot not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners' association comprised of the owners of the individual unit lots h. A note on the face of the final unit lot subdivision which provides all conditions of approval of the preliminary unit lot subdivision Decision. i. A note on the face of the final unit lot subdivision which states: A unit lot is not a separate buildable lot and additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot. Additional development of the individual unit lots, including but not limited to reconstruction, remodel, maintenance, and addition, shall complywith conditions of approval of the unit lot subdivision and may be limited as a result of the application of development standards to the parent lot or other applicable regulations. J. A note on the face of the final unit lot subdivision which states: Unit lots may not be further subdivided. 20.87.120 Modifications to an Approved Unit Lot Subdivision An application for a modification to an approved preliminary unit lot subdivision and may be submitted before a final unit lot subdivision application is submitted, as follows: 1.Minor Modifications to an Approved Preliminary Unit Lot Subdivision. The director is authorized to make the determination on a minor modification to an approved unit lot subdivision. a. Defined. Minor modifications to an approved preliminary unit lot subdivision are those which do not change: i. The outer boundaries of the parent lot (other than for survey discrepancies); 10976042.2 - 366922 - 0021 ii. The dimension of lot lines within the unit lot subdivision by more than two percent; iii. The conditions of preliminary unit lot subdivision approval; iv. Road alignments or connections and/or do not increase the number of unit lots. b. Application. A complete application for a preliminary unit lot subdivision modification shall consist of the following: i. Application form and filing fee; ii. Site plan showing the proposed modification, using the same plan format as in the original approval; iii. Explanation in narrative form of the requested modification. c. Processing. An application for a minor modification to an approved preliminary unit lot subdivision is a Type I decision and shall be subject to the requirements of and processed in accordance with the procedures for such applications and decisions as set forth in Chapter 20.22 POMC. d. Criteria for Approval. The director shall approve or approve with conditions a proposed preliminary unit lot subdivision modification application, as long as the applicant demonstrates that all of the following criteria are satisfied: i. The proposed modification meets the criteria in POMC 20.87.090: ii. The modification will not be inconsistent with, or cause the unit lot subdivision to be inconsistent with, the findings conclusions or decision made by the city in its approval of the preliminary unit lot subdivision; and iii. Approval of the modification will not affect the ability of the collective lots in the property included in the preliminary unit lot subdivision to function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking. iv. Time Limitation for Final Decision. A minor preliminary unit lot subdivision modification shall be approved, approved with conditions or denied consistent with the requirements of POMC 20.22.030. e. Deadline for Submission of Final Unit Lot Subdivision Not Extended. Approval of a minor preliminary unit lot subdivision modification shall not extend the deadline set forth in POMC 20.87.100 for submission of a final unit lot subdivision application to the city. 2. Major Modifications to an Approved Unit Lot Subdivision. Major modifications to an approved preliminary unit lot subdivision are defined and processed as follows: a. Defined. A major preliminary unit lot subdivision modification is any application for a modification of a preliminary unit lot subdivision that does not meet the definition of a minor preliminary unit lot subdivision modification. 10976042.2 - 366922 - 0021 b. Application. An application for a major preliminary unit lot subdivision modification shall include all of the elements of a complete preliminary unit lot subdivision application. c. Criteria for Approval, Time Limitation for Final Decision. The criteria for approval and the time limitation for a final decision of a major preliminary unit lot subdivision modification shall be the same as those for a preliminary unit lot subdivision application. d. Deadline for Submission of Final Unit Lot Subdivision Not Extended. Approval of a major preliminary unit lot subdivision revision shall not extend the deadline set forth in POMC 20.87.100 for submission of a final unit lot subdivision application to the city. 10976042.2 - 366922 - 0021 Chapter 20.98 IMPROVEMENTS Sections: 20.98.010 Purpose. 20.98.020 Completion of public facilities and improvements. 20.98.030 Bonds. 20.98.040 Temporary improvements. 20.98.050 Cost of improvements. 20.98.060 Inspection and acceptance of improvements. 20.98.010 Purpose. The purpose of this chapter is: (1) To require the subdivider's submission of construction plans for development of the subdivision to the city for review and approval of specific construction details for all public facilities; (2) To ensure that the public facilities required as part of approvals granted under this subtitle are built according to city standards; (3) To address bonds between the city and property owners/subdividers, allowing a limited deferral for the construction of public facilities associated with the approval; and (4) To ensure that the required public facilities and public utilities are ready and available for use when needed by the users of the subdivision. (Ord. 019-17 § 18 (Exh. 1)). 20.98.020 Completion of public facilities and improvements. No final short plat, can be recorded or a final plat of a subdivision, unit lot subdivision or final binding site plan approved, until all of the public facilities and other improvements as specified in the short plat, preliminary unit lot subdivision, preliminary plat, or preliminary binding site plan are constructed in a satisfactory manner and approved by the responsible departments. As an alternative to such construction, the applicant may post a bond, or execute a development agreement, with appropriate security in order to record the short plat or obtain approval of the final plat, final unit lot subdivision, or binding site plan. (Ord. 019-17 § 18 (Exh. 1)). 20.98.030 Bonds. (1) Performance Bond May Be Posted in Lieu of Construction. The city, in its sole discretion, may waive the requirement that the public facilities or other improvements and dedications required under this chapter be completed/satisfied prior to the recording of the short plat or approval of the final plat, final unit lot subdivision, or final binding site plan, as long as the applicant posts a bond in accordance with this section. The city's decision to allow the applicant to post a bond allows the applicant to apply for building permits for lots in the plat, unit lot subdivision, or binding site plan before the dedications have been made or the improvements constructed. (2) When Performance Bond Is Appropriate. The city may consider a number of factors in the determination whether to allow a bond to be posted by an applicant, including, but not limited to: (a) The date of the applicant's request to post a bond in light of the deadline for recording of the short plat, or the deadline for submission of final plat, final unit lot subdivision, or final binding site plan applications, and the applicant's progress to date toward the completion of the public facilities; (b) The consequences that could result from the applicant's construction of the homes or other development contemplated by the proposed approval, before the necessary public facilities are completed/installed; and (c) Any other issues that may affect the public health and safety. (3) Acceptable Bonds. No bond shall be accepted by the city unless it is submitted on the form approved in advance by the city attorney and from a bonding company licensed to do business in the state of Washington. The city engineer shall determine the amount of the bond, which shall be no less than 150 percent of the estimated cost of the public facilities or improvements. The city engineer shall make a recommendation as to the length of the bond, which shall be no longer than two years after the final approval. (4) Warranty Bond. Once the public facilities have been constructed, the dedications made and city has inspected and approved the public facilities, the applicant shall provide the city with a warranty bond meeting all the requirements of this section to ensure the successful operation of the public facilities, for a period of two years after such inspection and approval. (Ord. 019-17 § 18 (Exh. 1)). 20.98.040 Temporary improvements. The applicant shall pay for and build all temporary improvements required by any approval, and shall maintain those improvements as set forth in the approval. Prior to the construction of any temporary improvement, the applicant shall provide a bond with a cash escrow or cash set aside in an amount established by the city engineer to ensure that the temporary facilities/improvements will be properly constructed, maintained, and timely removed. (Ord. 019-17 § 18 (Exh. 1)). 20.98.050 Cost of improvements. All required public facilities and improvements shall be constructed by the applicant/property owner, at their sole expense, without reimbursement by the city, unless otherwise specified in the project permit approval or development agreement with the city. To the extent allowed by law, the city may form or cause to be formed a local improvement district or latecomers' agreement for the construction and financing of the required public facilities, excluding on -site improvements on individual lots. If such district is formed or latecomer agreement signed, the applicant/property owner shall not be released from its obligation (as set forth in the bonds, cash escrow, or cash set aside) to construct the public facilities until complete or the city is satisfied that a subsequent guarantee will cover performance. (Ord. 019-17 § 18 (Exh. 1)). 20.98.060 Inspection and acceptance of improvements. (1) General Procedure. The subdivider/property owner shall pay an inspection fee based on the estimated cost of the inspection, which fees shall be due and payable upon inspection. No building permits or certificates of occupancy shall issue until the fees are paid. If the city engineer finds that one or more of the required public facilities or other improvements have not been satisfactorily constructed in accordance with the approved plans and specifications or other applicable standards or regulations, the subdivider/property owner shall be responsible for any corrections and completion of the improvements. (2) Release of Security. The city will not accept dedication of required public facilities or improvements, nor release nor reduce the amount of any security posted by the subdivider, until the city engineer has submitted a certificate stating: (a) That all required public facilities or other improvements have been satisfactorily completed; and (b) The subdivider's engineer or surveyor has certified to the city engineer, through the submission of a detailed "as built" survey plat of the subdivision, indicating location, dimensions, materials and other information required by the city's public works standards, that the layout of the line and grade of all transportation facilities, public facilities or other improvements is in accordance with the approved construction plans for the subdivision or binding site plan. (3) City's Acceptance and Dedications. Upon the recommendation for approval of the city engineer, the city council shall thereafter accept the improvements for dedication in an ordinance or resolution adopted for this purpose; the approval of a final plat, absent such resolution or ordinance, shall not be deemed to constitute or imply acceptance by the city of any street, easement, park, or other improvement on the plat. (4) Maintenance of Improvements. The subdivider/property owner shall be required to maintain all required public facilities until the dedication of same is formally accepted by the city. Following the acceptance of the public facilities, the subdivider shall provide a warranty bond or other security to the city as required by this chapter. (5) Issuance of Building Permits and Certificates of Occupancy. When a bond has been accepted by the city for the construction of public facilities or other improvements in a short plat, final plat, unit lot subdivision, or final binding site plan, the city shall not issue a certificate of occupancy for any building in the development prior to the completion of the required public facilities or improvements and the acceptance of the dedication of those facilities or improvements by the city. The city engineer may authorize the issuance of up to 50 percent of the building permits for the lots in the subdivision if: (a) The applicant is not in default of the subdivision improvement agreement; and (b) The applicant has constructed and the city has inspected/accepted the public facilities or other improvements necessary to serve the lots for which such building permit applications have been submitted. (Ord. 019-17 § 18 (Exh. 1)). Chapter 20.100 DEVELOPMENT STANDARDS —SUBDIVISION DESIGN Sections: 20.100.010 Purpose. 20.100.020 General requirements. 20.100.030 Lot layout. 20.100.040 Street standards. 20.100.050 Intersections, half -streets. 20.100.060 Street length. 20.100.070 Cul-de-sac streets. 20.100.080 Dead-end streets. 20.100.090 Street width and design. 20.100.100 Street offsets. 20.100.110 Curbs and gutters. 20.100.120 Private streets. 20.100.130 On -site recreation space for subdivisions. 20.100.010 Purpose. (1) The purpose of this chapter is to ensure that subdivisions, short plats, unit lot subdivisions, and binding site plans are compact, pedestrian -friendly, provide necessary infrastructure and services, and contribute to the character of the town and surrounding neighborhoods, by providing building and site design standards that: (a) Reduce the visual impact of large residential buildings from adjacent streets and properties; (b) Enhance the aesthetic character of large residential buildings; (c) Contain sufficient flexibility of standards to encourage creative and innovative site and building design; (d) Meet the on -site recreation needs of project residents; (e) Enhance aesthetics and environmental protection through site design; (f) Allow for continued or adaptive re -use of historic resources while preserving their historic and architectural integrity; (g) Create pedestrian -friendly neighborhoods; and (h) Provide for the orderly development of property. (2) These guidelines do not alter the standards as provided in the underlying zoning districts defined in this title. Projects shall comply with all relevant criteria set forth in this chapter. (Ord. 011-19 § 5 (Exh. 2); Ord. 008-18 § 9; Ord. 019-17 § 18 (Exh. 1)). 20.100.020 General requirements. (1) Design in Accordance with City Standards. All subdivisions, short plats, unit lot subdivisions, and binding site plans shall be designed in accordance with all city standards including but not limited to the adopted city of Port Orchard Public Works Engineering Standards and Specifications (PWESS) and the Port Orchard Ceomprehensive Pplan. (2) Approach Roads and Access. All subdivisions, short plats, unit lot subdivisions, and binding site plans with a single point of access must have no roadway that exceeds 300 feet or 60 dwelling units from the access point or an average daily traffic (ADT) of greater than 1,200. All other subdivisions, short plats, unit lot subdivisions, and binding site plans must have at least two points of vehicular access and must be connected with improved roadways to the city's improved thoroughfare and street system by two or more approach roads of the dimensions and standards hereinafter set forth. An access road that is divided with 20 feet in each direction to the intersection of two streets shall be considered two means of access. (a) Requirements for dedication of right-of-way and improvement of approach roads, signalization, median breaks, additional lanes and other traffic mitigation or safety improvements may be increased depending upon the size or density of the proposed development, or if the need is demonstrated by traffic impact analysis. (b) An exception to standards under this subsection may be granted for a subdivision, short plat, unit lot subdivision, or binding site plan may be allowed by the decision -making authority provided a second emergency access that is controlled in a manner acceptable to the fire authority shall be provided. (c) Adequate lighting of access points shall be coordinated and provided by the subdivider. (3) Roadway Network Connectivity. (a) All proposed developments must have a connectivity index of 1.4-5 or greater. The connectivity index shall be calculated by dividing the total number of links (streets including stub -out streets that connect nodes) by the total number of nodes (intersections, cul-de-sac, no -outlets, dead - ends). StrOt, Stub �d1r . d - trE�tS •' Street Sit a i Stub rub ° � � - � � taroks lreag# 21 Woos S14b rnec&O Ind'ex 36 21 131 enesmA* I4ex Thh l:lgkwi irimv66e, er. omgxrp6 ol',how •ro ce ed+ dio p�li,A7 Ir.le r_ IF. * &Wyc m, Allard e" 36 P41, �a gL .) .121 rr! t9 tsaursi; ohsrrrPard, eltie @ornrxWFr PY GrcCa s k 11.71 f3 f?a = b.f M;. 43 .i.l.I=+kyq #arch w+Ie a1 . tk to m!a-n1' IrxkR.les Ago :iu OW OF"I V%A- of M..-W! Pi •rt arr Pare IYONO W (b) The decision -making authority may grant exceptions to these requirements only upon a finding that the development is constrained by topographic features, existing development or other impassable features. (c) Street Right -of -Way Dedication. Street right-of-way dedications may be required as a condition of subdivision, short plat, or binding site plan. (d) Street Construction. All streets and thoroughfares providing access to a proposed subdivision, short plat, unit lot subdivision, or binding site plan shall be constructed and paved to city standards and within rights -of -way in accordance with the adopted PWESS, city's transportation plan, and other adopted city standards. (e) Intersection Improvements and Traffic Control Devices. Intersection improvements may be required to ensure public safety as a condition of subdivision, short plat, unit lot subdivision, or binding site plan and shall be designed and improved in accordance with the city's transportation plan, adopted PWESS and/or nationally recognized standards subject to city review and acceptance. Intersection improvements and/or traffic control devices shall be required only as a result of the findings of a traffic impact analysis reviewed and accepted by the city. (f) Private Streets. See POMC 20.100.120, Private streets. (g) Access Management on City Streets. Subdivisions, short plats, unit lot subdivisions, and binding site plans shall meet the access management standards found in the adopted PWESS. (h) Access Management on State Highways. Subdivisions, short plats, unit lot subdivisions, and binding site plans shall meet WSDOT access management standards. (Ord. 011-19 § 5 (Exh. 2)). 20.100.030 Lot layout. Lots to be created within a proposed subdivision, short plat, unit lot subdivision, or binding site plan should comply with the following requirements: (1) Lot lines should be at right angles to street lines or radial to curvilinear streets unless a variation will result in a better street or lot plan; and (2) Corner lots should be graded to provide sufficient sight clearance at intersections. (Ord. 011-19 § 5 (Exh. 2)). 20.100.040 Street standards. (1) Arrangement of Streets and Conformance to the City of Port Orchard Comprehensive Plan Transportation Element. Except as provided in subsection (1)(a) of this section, the city's adopted transportation element shall be used to determine the minimum type of roadway, the general location of the roadway, and the areas that the roadway is intended to connect as part of the platting process. For streets that are not identified in the city's transportation element, such as Local residential streets, the arrangement of such streets within a subdivision shall: (a) Conform to any plan for the neighborhood or subarea plan approved or adopted by the city to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impractical; (b) Provide for future access, by stubbing streets for future extension, to adjacent vacant or undeveloped areas which will likely not have incompatible land uses; and (c) Not conflict in any way with existing or proposed driveway openings (including those on the other side of an existing or planned median -divided arterial, in which case new streets shall align with such driveway openings such that median openings can be shared). (2) Projections and Related Requirements. Where adjoining unsubdivided areas exist, the subdivision street arrangement shall make provision for projection of streets into such areas. Dead- end streets shall otherwise be prohibited, except where projections into unsubdivided land are necessary or where turnarounds are provided in accordance with POMC 20.100.080. Private streets shall not be allowed to project beyond the subdivision boundary, and therefore shall not be allowed to dead-end at the subdivision boundary. (3) Transitions of Right -of -Way Width. Wherever the right-of-way width of a residential, local, collector or arterial street must transition to a greater or lesser width, the transition shall not occur within an intersection but within the street right-of-way so that the right-of-way shall be the same on both sides of the street intersection. (4) Configuration Shall Reduce Minimal Offsets. Intersecting streets onto an existing or future divided roadway must be configured in accordance with POMC 20.100.100, Street offsets, such that the centerline offset will accommodate the appropriate median opening and left -turn lanes (with required transition and stacking distances) on each divided roadway, and shall be aligned with any existing or proposed streets or driveways on the opposite side of the divided roadway (in order to share the median opening). Median openings and offsets should be analyzed in the traffic impact analysis, and a determination made if developments sharing a median opening may cause additional traffic conflicts, where an exception to sharing a median opening may be made. (5) Extensions of Existing Streets. New streets which extend existing streets shall bear the names of the existing streets and shall be dedicated at equal or greater right-of-way widths than the existing streets for an appropriate transition length, if applicable, unless a lesser street is justified by a TIA. (6) Street Grades and Horizontal Curves. Minimum and maximum street grades and horizontal curves shall conform to standards set forth in the Engineering Standards and Specifications and the American Association of State Highway and Transportation Officials (AASHTO), or as otherwise approved by the city engineer. (7) Street Signs. Street signs shall be installed by the developer at all intersections within and abutting the subdivision. These signs shall be of a type approved by the city, and shall be installed according to city standards and in conformance with the Manual on Uniform Traffic Control Devices. (8) Streetlights. Streetlights shall be installed in accordance with the requirements set forth in the adopted PWESS. (9) Pedestrian Connectivity. Pedestrian connectivity and access shall be provided between subdivisions, schools (where access is allowed by the school district), cut -de -sacs (i.e., bulb -to - bulb access), adjacent areas available for future development, and park and open space areas. (10) Reserve Strips. Reserve strips controlling access to streets shall be prohibited except where their control is required by the city and approved by the approving authority. (Ord. 011-19 § 5 (Exh. 2)). 20.100.050 Intersections, half -streets. (1) Intersections. Street intersections shall be situated at an angle of 90 degrees, plus or minus 15 degrees, except where the intersection utilizes knuckles, turning heels or eyebrows in accordance with the adopted PWESS. Such intersections shall maintain proper intersection visibility as determined by the latest edition of AASHTO's "A policy on Geometric Design of Highways and Streets." The major access driveway to large multifamily, commercial and industrial developments shall also meet the requirements of this chapter. (2) Half -Streets. Construction of half -streets shall be prohibited, except when essential to the reasonable development of the subdivision, short plat, or binding site plan in conforming with the other requirements of this code and the transportation element, and where the decision -making authority makes a determination at the time of approval that there is no immediate benefit to be gained by constructing the full street section since no access from the street will be needed by the project in question. (Ord. 011-19 § 5 (Exh. 2)). 20.100.060 Street length. (1) Length of a Block or Street Segment. The maximum length of any block or street segment (including a looped street) shall be 600 feet along arterial streets. Block faces shall not exceed 800 feet along other streets and the full perimeter of a block shall not exceed 21400 feet except where topographic or critical areas features on parcels of one-half acre or larger would justify an exception from this requirement. Cul-de-sac streets shall adhere to Table 20.100.070(1) or other requirements herein. Measurements shall be measured along the centerline of the street from the centerline or center point of one intersection to the centerline or center point of the next intersection. For the purposes of measurement, either a full four-way intersection or a "T" three- way intersection shall be considered an intersection. (2) Where significant topographic features or critical areas features are present, and will be retained on parcels of one-half acre or larger in size that are proposed for development, if one of the three options provided below are implemented within each block that exceeds 800 feet in face length or 2,400 feet in perimeter length, the street length standards in this section shall be considered met: (a) Blocks containing retention or detention ponds; (b) Blocks containing parks; or (c) Development where the proposed development abuts the rear of an existing development and no rights -of -way have been provided. (3) Maximum Length of a Cut -De -Sac Street. (a) No cul-de-sac served by one access point in any single-family, multifamily, industrial, or commercial subdivision shall exceed 450 feet in length or the length as shown in Table 20.100.070(1), whichever is less. (b) No cul-de-sac in - serving a subdivision of lots zoned predominately for residential use subdivision district shall be designed to serve more than 25 singie-farnikyresidential dwelling units, unless an exception is granted by the hearing examiner to the maximum length, in which case the maximum number of dwelling units shall be increased in the same percentage as the maximum length has been increased. (c) For purposes of this subsection, cul-de-sac length shall be measured along the centerline of the cul-de-sac from a point beginning at the intersection of the cul-de-sac street with the centerline of the street from which it extends to the center of the turnaround at the end of such cul-de-sac. (Also see POMC 20.100.070 for cul-de-sac requirements.) For the purposes of measurement, either a full four-way intersection or a "T" three-way intersection shall be considered an intersection. (d) An exception to the maximum cul-de-sac lengths may be granted by the decision -making authority to develop a parcel: (i) With significant topographic constraints such as those documented in a geological report or where the resulting roadway would exceed a 12 percent grade; (ii) With critical areas requiring protection on or adjacent to the parcel; (iii) That is effectively landlocked with no other alternative than a cul-de-sac exceeding 450 feet; (iv) Is in a proposed subdivision that has such a unique configuration that the only way to serve the area in question is with a cul-de-sac exceeding 450 feet. Such exception shall not be granted if the length of the cul-de-sac can be reduced by connection to an adjacent and/or parallel street. The desire to gain additional lots from the cul-de-sac exception by itself is not reason enough to grant such exception to the maximum length; (v)Additional modifications maybe required by the decision -making authority upon recommendation by the fire authority including intermediate turnarounds (eyebrows) to accommodate emergency vehicles being provided at a maximum distance of 300 feet; (vi) Building construction within the area of the cul-de-sac beyond the 450 feet distance shall be fire sprinklered and a note shall be added to the recording plat and the subdivision improvement plans indicating that buildings are required to be sprinklered within the subdivision, and which lot numbers have such requirement. (4) Cross -Reference. Also see POMC 20.100.070 for cul-de-sac requirements. (Ord. 033-20 § 9; Ord. 011-19 § 5 (Exh. 2)). 20.100.070 Cul-de-sac streets. Except where projecting into adjacent unsubdivided areas, any street having only one vehicular access to another street shall be terminated by a permanent turnaround. Standards for both the turnaround and its street approach are set forth within this section. Exceptions to these standards shall be discouraged due to firefighting and solid waste collection requirements. Any turnaround, either temporary or permanent, that does not meet these requirements shall be permanently signed for no parking or marked as a fire lane in accordance with the adopted PWESS. (1) That portion of any street extending from an intersection to a turnaround shall be improved and rights -of -way platted with the minimal dimensions provided in Table 20.100.070(1) below. Table 20.100.070(1): Width for Cut -de -Sac Streets for Certain Activities Right -of - Paving Way Activity Served Width* Width Additional Requirements Less than 12 dwellings 20' 45' 300 feet maximum length 12 — 25 dwelling units 20' 45' 450 feet maximum length — Single- family, dtipiox onL middle housing** Nonresidential zoning districts 26' 52' 300 feet maximum length (except as otherwise specified) Industrial districts 26' 52' 300 feet maximum length * Measured from the front of adjoining curbs. ** Cut -de -sacs (dead-end streets) serving triplex, quadrapleX, middle housing and higher density multifamily uses shall be discouraged. Exceptions may be granted by the hearing examiner where no alternative exists and meeting the industrial district's standard or in infill development situations. (2) The turnaround portion of any cul-de-sac shall be improved, and rights -of -way platted, as prescribed below: Table 20.100.070(2): Width for Cut -de -Sac Turnarounds for Certain Activities Activity Served Paving Width* Right -of -Way Width Residential and nonresidential zoning districts (except as otherwise specified) 90' diameter 110' diameter Industrial districts 96' diameter 120' diameter * Measured to front of adjoining curbs. (Ord. 050-22 § 9; Ord. 011-19 § 5 (Exh. 2)). 20.100.080 Dead-end streets. Except when recommended by the department of community development, no public dead-end streets will be approved unless they are provided to connect with existing streets (including stubbed -out streets) or future platted streets on adjacent land. (1) In the case of dead-end streets which will eventually be extended into the adjacent property, no more than one lot (per side) can front onto the dead-end street stub unless a temporary turnaround bulb (with the appropriate temporary street easement) is provided at the end. (2) A temporary dead-end street shall not exceed the maximum allowed length of a normal cut -de - sac, and the temporary turnaround bulb must be constructed like a cul-de-sac, as provided in POMC 20.100.070, Cul-de-sac streets. (3) A note shall be placed on the final plat, short plat, unit lot subdivision, or binding site plan clearly labeling any temporary dead-end streets (if any) that will at some point be extended into the adjacent property. Any required temporary turnaround easements shall be shown on the final plat along with their appropriate recording information, if they are off site or established by separate instrument. (Ord. 011-19 § 5 (Exh. 2)). 20.100.090 Street width and design. (1) Pavement Widths and Rights -of -Way. Pavement widths and design and rights -of -way shall be as designated in the adopted PWESS; provided, that for local access streets, the subdivision also meets the applicable block length requirements of POMC 20.100.060 and connectivity index in POMC 20.100.020. (2) Design. Streets shall be designed according to the following requirements: (a) Arterial. Streets shall be designed to accommodate cross -city traffic movement, distributing traffic to and from collector streets; (b) Collector. Streets shall be designed to collect traffic from local streets and connect with arterial streets and freeways; (c) Residential Collector. Generally, the term "subcollector" shall refer to streets designed to accommodate traffic movement from local streets to higher classifications of streets as well as provide direct access to activity on individual lots. Specifically, a subcollector maybe defined as any street or portion thereof providing direct access to property within commercial or industrial districts as designated on the official zoning map of the city of Port Orchard, any street or portion thereof providing the shortest direct route to a collector street for 25 dwelling units or more, or any street segment extending without offset from a collector street and connecting two or more collector streets. Where subcollector streets are terminated by a permanent turnaround, standards for street width and paving shall be as described in the engineering standards and specifications; (d) Local. Streets shall be designed to provide direct access to residential activity, and in such a way as to encourage connectivity of the roadway network, but discourage cut -through traffic. (Ord. 011-19 § 5 (Exh. 2)). 20.100.100 Street offsets. Intersection Offsets. Where parallel streets intersect another street, the centerline of those streets shall be offset a minimum of 120 feet, unless a stricter standard is adopted in a subarea or corridor plan. (Ord. 011-19 § 5 (Exh. 2)). 20.100.110 Curbs and gutters. Curbs and gutters shall be installed according to the provisions of this chapter and to the adopted PWESS. Combination curb and gutter improvements shall be provided to mark the edge of pavement and carry surface water, as set forth below: (1) Beside Arterial and Collector Streets. The subdivider shall install curbs on both sides of all arterial and collector streets within the subdivision, and on one side of all such streets along the subdivision frontage. (2) Beside Local Streets. The subdivider shall install curbs on both sides of all local streets within the subdivision and at subdivision boundaries, except for existing boundary streets, in which case curb and gutter installation shall be required on the subdivision's frontage only. (3) At Street Intersections. The minimum curvature of curbs at street intersections shall be as prescribed in the adopted PWESS and shall maintain proper stopping sight distance as determined by the latest edition of AASHTO's "A policy on Geometric Design of Highways and Streets." (Ord. 011-19 § 5 (Exh. 2)). 20.100.110 On -street Parking. 20.100.120 Private streets. (1) Permitted Only as Local Street. Private streets shall require approval as an exception at the time of preliminary plat approval by the hearing examiner in accordance with this title. No streets or thoroughfares shown in the adopted Ceity of Port Orchard Ceomprehensive P-Plan may be a nonpublic street. Construction and development of private streets shall meet the standards for right-of-way width and improvement as set forth in this chapter as applied to public streets. (2) Classification. At the time a private street is proposed, it shall be classified as either a local access or subcollector street, as described herein, and made to conform in all respects with right- of -way paving, curb and gutter, construction, and design requirements as applicable to a public street. (3) Subdivision Boundary Streets. New subdivision boundary streets (streets proposed or constructed along a subdivision perimeter boundary) shall not be private. (4) Private Streets, General. In order to be considered for an exception to allow the construction of private streets, the developer shall meet the requirements set out in this section. (a) Construction. All private streets shall be designed, constructed, and maintained to meet city standards. The construction and improvement plans shall be reviewed by the city in the same manner as construction and improvement plans for public infrastructure. The city shall not participate in any portion of the cost of constructing a private street. (b) Inspection During Construction. All private streets shall be subject to inspections by city staff in the same manner, at the same intervals, as public streets, including the payment of applicable inspection fees. A construction schedule shall be submitted with the construction and improvement plans in order to assist in scheduling the inspections. Failure to pass an inspection and meet city construction standards shall require reinspection, and reconstruction, as necessary. No certificates of occupancy shall be released for structures along a private street until all inspections shall have been completed satisfactorily. (c) Traffic Control Devices. All private traffic control devices and regulatory signs shall conform to the "Manual of Uniform Traffic Control Devices," as amended, and to city standards. (d) Restricted Access. The subdivision homeowners association shall clearly mark entrances to all private streets with a sign, in accordance with the adopted PWESS, placed in a prominent and visible location, indicating that the streets within the subdivision are private, and not maintained nor regularly patrolled by the city. All restricted access entrances shall be manned 24 hours every day, or they shall provide a reliable, alternative means of ensuring access into the subdivision by the city, by emergency service providers, and by other utility or public service providers, such as postal carriers and utility companies, with appropriate identification. The method used to ensure city and emergency access into the subdivision shall be approved by South Kitsap Fire and Rescue and by any other applicable emergency service providers during the final platting process. Gates on private streets shall provide a traffic queue analysis and provide adequate on -street storage in advance of the gate. If the homeowners association fails to maintain reliable access as required by city codes, the city may enter the private street subdivision and remove any gate or device that is a barrier to access, and bill the expense to the association. If the bill is not paid, the city may file a lien for the expense against any property owned by the association. (e) Waiver of Services. Certain city services may not be provided for private street subdivisions, including street maintenance, routine law enforcement patrols, enforcement of traffic and parking regulations, preparation of accident reports, and payment of costs for street lighting. A note as to waiver of services may be required on the face of the plat. (f) Street Lighting. Street lighting as required by this title shall be entirely at the expense of the developer and subsequent property owners. Decorative poles or alternative spacing may be approved by the city engineer, who shall make such recommendation based on the lighting type, the lumens necessary to effectuate safe traffic and pedestrian travel, and a finding that the proposed lighting plan provides as well or better for the health, safety and welfare of the future residents of the private street subdivisions. (g) Maintenance. The developer shall provide for the establishment of a homeowners or property owners association, in covenants, conditions, and restrictions (CCRs), to assume the obligation of perpetual maintenance of private streets and other improvements held privately, including a mandatory assessment for such private streets and improvements to be placed on all property owners within the subdivision, allowance for city staff to inspect the streets to assure they are being maintained to city standards, hold harmless provisions as required in subsection (5) of this section, and providing for notice to the city attorney and city manager of any amendments to these relevant sections. The city shall be a necessary party for the amendment of any portions of the CCRs dealing with these requirements. The proposed CCRs shall be submitted for review by the city attorney at the time of filing the preliminary plat. The city attorney shall review the CCRs to ensure that the requirements of this section are met, and shall submit recommended changes to the developer, who shall incorporate such changes. Absence of city attorney approval of the CCRs shall require the denial of the exception for private streets. (h) Petition to Convert to Public Streets. A property owners association may petition the city to accept private streets and any associated property as public streets and right-of-way upon written notice to all association members, and the favorable vote of a majority of the membership, or as required in the CCRs. A dedication instrument shall also be submitted, and shall be reviewed and the final form approved by the city attorney prior to submission of this request to city council. The city shall not be required to accept any private streets for public dedication and maintenance. The staff shall review the request and make a recommendation to city council. City council shall make their decision based on the public health, safety and welfare considerations of the streets. As a condition of accepting the dedication and maintenance of private streets, the city may impose a requirement for repairs and improvements at private expense prior to acceptance, enter into an agreement for an assessment or pro-rata sharing of costs for repairs or improvements prior to acceptance, or other legal or equitable options to ensure that the streets being accepted are not a Liability to the city. The city shall be the sole judge of the nature and extent of repairs or improvements needed. The city may also require, at the sole expense of the association's or property owner's expense, the removal of any guard houses, access control devices, landscaping or other amenities located within the streets or common areas prior to city acceptance. (5) Hold Harmless. The property owners association, as owner of the private streets and appurtenances, shall release, indemnify, defend and hold harmless the city, any other governmental entity, and any public utility entity for damages to the private streets that may be occasioned by the reasonable use of the private streets by same, and for damages and injury (including death) arising from the condition of the private streets, out of any use of access gates or cross arms, or out of any use of the subdivision by the city or governmental or utility entity. (Ord. 011-19 § 5 (Exh. 2)). 20.100.130 On -site recreation space for subdivisions. (1) Purpose. The purpose of this chapter is to ensure that adequate, usable, passive and active recreational opportunities are provided for residents of new subdivisions. (2) Applicability. On -site recreation space shall be provided for new residential subdivisions consisting of 10 or more new dwellings. The establishment of backyard cottages or accessory dwelling units shall not trigger requirements for additional on -site recreation facilities when those building types are constructed within an existing subdivision. (3) On -Site Open Space Quantity Requirements. (a) On -site recreation space shall be provided in accordance with Table 20.100.130(3). Table 20.100.130(3) Number of Dwelling Units in Subdivision Amount of On -Site Recreation Space Required per Each Dwelling Unit 10 — 40 300 sq ft 41 —100 250 sq ft Units over 100 150 sq ft *To illustrate the implementation of Table 20.100.130(3), a 110-lot subdivision would require 300 square feet of open space per unit for the first 40 units, 250 square feet of open space for the next 60 units, and 150 square feet of open space for the final 10 units. (40*300)+(60*250)+(10*150)= 28,500 square feet of required open space for a 110-lot subdivision. (b) The requirements in Table 20.100.130(3) may be reduced by up to 50 percent for residential development that is located within one -quarter mile walking distance of a public park. The director shall determine the amount of reduction based on the following: park; (i) The availability of safe pedestrian facilities connecting the development to the (ii) The ability of the park facilities to accommodate additional usage by residents of the development; and (iii) The number of park facilities located within one -quarter -mile distance. (4) On -Site Open Space Design. (a) On -site recreation open space shall be designed as follows: (i) On -site recreation open space shall be located in a separate tract from the residential dwellings; shall have an undivided ownership interest by the homeowners of the development; and shall have a deed restriction recorded for the tract that restricts the use of the tract to recreational uses; (ii) At least 40 percent of the total required on -site recreation open space shall be consolidated in one location within the development; (iii) At least 75 percent of the total required on -site recreation open space shall be Located outside of critical areas other than buffers identified in Chapter 20.162 POMC; (iv) On -site recreation open space shall be developed for active and passive uses. At Least 50 percent of the on -site recreation open space shall be designed and improved for one or more active uses. When an area of on -site recreation open space is designed and improved for active uses other than improved pedestrian or bicycle paths with hard surfaces, the average width of the area shall be at least equal to half of the average length of the area. Active uses include, but are not limited to: (A) Playgrounds developed with children's play equipment; (B) Improved pedestrian or bicycle paths with hard surfaces; (C) Sports fields (such as soccer or softball fields), with associated improvements; (D) Indoor or outdoor sports courts (such as volleyball, basketball or tennis courts), swimming pools, and similar facilities; (E) Picnic areas with permanent tables, benches or gazebos; (F) Community clubhouse and meeting facilities; (G) Community gardens for use by the residents; (H) Plazas with lighting, artwork, and sitting space for pedestrians at four or more spaces for every required 100 square feet of area; and (1) Other similar uses approved by the director; (v) Passive uses include critical areas that cannot be developed, nature interpretive areas, bird watching facilities, unimproved trails, and similar uses approved by the director; (vi) The following drainage facilities may be counted as on -site passive recreation space: (A) Unfenced detention, retention and wet ponds; provided, that pathways and viewing areas surround the pond; (B) Stormwater treatment wetlands; (C) Stormwater infiltration trenches and bioswales that serve more than one dwelling; and (D) Vegetated areas located above underground detention facilities; (vii) No on -site recreation open space tract shall contain less than 700 square feet in area; (viii) On -site recreation open space shall have at least 50 feet of frontage on a public right-of-way or private street tract; (ix) All recreation open space tracts shall be developed, landscaped and maintained so that a high level of visibility is provided from the public right-of-way or private street tract to playgrounds and other areas intended primarily for use by children; (x) If a single active on -site recreation open space tract is provided, it shall be centrally located within the subdivision, so that it is within one -quarter -mile walking distance for at least 90 percent of the dwelling units. If the subdivision area is too large for this standard to be met with one recreation open space tract, an additional recreation open space tract or tracts shall be required; (xi) Access for pedestrians shall be provided from all dwellings within the development to the on -site recreation space through trails, sidewalks, pathways and other similar means of access; and (xii) On -site recreation space shall not include privately owned yards. (Ord. 030-19 § 2). 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(d) Meeting Date: February 4, 2025 Title 20 Updates: Parking and Nick Bond, AICP, Development Subject: Circulation Prepared by: Director Issue: The City of Port Orchard is considering amendments to Port Orchard Municipal Code (POMC) Chapter 20.124, focusing on parking and circulation standards. These updates reflect changing regulations and priorities, addressing electric vehicle (EV) parking, minimum parking standards, and bicycle parking provisions, while ensuring consistency with the adopted goals and policies of the 2024 Comprehensive Plan. The amendment proposes the simplification of POMC 20.124.050 related to required Electric Vehicle parking EV parking requirements by aligning the Section with the Washington State Building Code. The current language will be replaced with: "Electric vehicle parking shall be provided in quantities and specifications consistent with the Washington State Building Code." As electric vehicle parking and its associated infrastructure is currently required by the Washington State Building Code, this proposed amendment ensures consistency with state standards, simplifying the regulatory process and providing clear guidance for developers. Additionally, the proposed amendments revise Section 20.124.140 to address minimum parking standards, incorporating the following updates: • Integrating Bicycle Parking Requirements: Bicycle parking standards are now included in the primary parking table. This consolidation simplifies the code while still encouraging multi -modal transportation options. The bicycle parking required of multi -family residential development has been slightly reduced. • Reducing Residential Parking Requirements: Residential uses within Centers, identified in the Comprehensive Plan's Land Use Element, will have lower parking minimums. This supports higher - density development and encourages compact, walkable communities. However, nothing is proposed which would preclude a development from providing more than the minimum identified in Table 20.124.140. • Exempting Small Non -Residential Uses: Non-residential developments under 1,000 square feet will be exempt from minimum off-street parking requirements. In multi -tenant or mixed -use developments, up to four uses under 1,000 square feet each may qualify for this exemption. Any non-residential development greater than 1,000 square feet will need to provide a minimum of four off-street parking stalls and will be additionally subject to the parking quantities shown in Table 20.124.140 when the 1,000 square -foot threshold is exceeded. Amendments to POMC 20.130, addressing downtown mixed -use parking standards, are also proposed. These standards have been incorporated into the revised parking table in Section 20.124.140. Furthermore, POMC 20.124.135, "Downtown subarea parking standards," will be repealed in its entirety, as its intent is captured within the updated Section 20.124.140 table. Additional edits throughout Chapter 20.124 address typographical errors and improve overall clarity. These revisions advance important city goals, including fostering sustainable transportation and encouraging infill development. Aligning EV parking with state standards ensures a consistent approach, while the integration of bicycle parking requirements in Table 20.124.140 streamlines the code and creates a more user-friendly document for the public, developers and City staff. Lowering residential parking minimums in Centers supports denser, more sustainable urban growth, and the exemption for small non- residential uses reduces regulatory burdens for small-scale projects. The anticipated outcomes are anticipated to beneficial for all stakeholders. Developers will experience reduced costs and greater clarity in regulations, particularly for EV and small non-residential projects. Residents and visitors will enjoy enhanced support for alternative transportation options, while city staff will find the code easier to administer. The Planning Commission is requested to review and provide feedback on the proposed amendments. Following public input, staff will prepare a finalized ordinance which will incorporate other Middle Housing Amendments still to be reviewed by the Planning Commission. After taking public testimony, deliberating and making a recommendation to the City Council regarding all amendments, the recommendation will be forwarded to the City Council for consideration later in 2025. Attachments: Redline version of POMC Title 20.124 2 Chapter 20.124 DEVELOPMENT STANDARDS — PARKING AND CIRCULATION Sections: 20.124.010 Purpose. 20.124.020 Authority and application. 20.124.030 Off-street parking spaces requirement. 20.124.040 Bicycle parking required. 20.124.050 Electric vehicle parking required. 20.124.060 Accessible parking requirements. 20.124.070 Stacking spaces for drive -through facilities. 20.124.080 Transit and rideshare provisions. 20.124.090 Pedestrian circulation and access. 20.124.100 Off-street parking design standards. 20.124.110 Compact car allowance requirements. 20.124.120 Internal circulation road standards. 20.124.130 Downtown mixed use parking standards. 20.124.135 Downtown subarea residential parking standards. 20.124.140 Minimum parking standards. 20.124.150 Minimum parking stall dimensions. 20.124.010 Purpose. The purpose of this chapter is to: (1) Implement the city's comprehensive plan; (2) Ensure that the city's supply of available parking matches parking demand most of the time; (3) Encourage the continued development of Port Orchard as a walkable community; (4) Support the efficient provision of transit services including buses and passenger ferries; (5) Support transit -oriented development in local centers; (6) Limit the creation of unnecessary new impervious surfaces; (7) Ensure the efficient use of available and existing parking; (8) Provide alternatives to single occupant vehicle trips; (9) Encourage the creation of housing that is affordable to all segments of the population; (10) Provide housing, employment, and commerce opportunities to residents who, by choice or other limitation, do not own a car; (11) Recognize innovations in transportation including car sharing, ride sharing, bike sharing, and other emerging technologies that are likely to change transportation patterns in the future; (12) Recognize that the city's goals related to the development of walkable local centers is hindered by restrictive parking minimums and that expansion of transit service as an alternative to single occupant vehicle ownership is hindered by the lack of development in local centers; and (13) Support the commitment expressed in the city's comprehensive plan to reduce greenhouse gas emissions. (Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh. 1)). 20.124.020 Authority and application. (1) The city shall not issue any land use approval (including building permits, subdivisions, conditional use permits, binding site plans, short subdivisions, or other similar approvals which have the effect of creating a parking demand) or issue an occupancy permit for any new building or a change in use unless the use complies with the parking requirements found in this chapter. (2) Parking studies prepared by individuals with expertise in traffic and parking analysis may be required at the discretion of the director for unique projects which don't fit squarely in the land use categories contained herein. The director may require that such studies be evaluated and reviewed by outside experts hired by the city at the developer's expense prior to city acceptance. (3) Required parking may be provided off site if contracts and/or deed restrictions are provided to ensure the satisfaction of the minimum parking quantity requirements found in this chapter in perpetuity. Should the parking quantity requirements found in this chapter change, a contract and/or deed restriction may be amended by agreement with the city so long as minimum parking quantity requirements continue to be met under the new standard. (Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh. 1)). 20.124.030 Off-street parking spaces requirement. (1) Off-street parking areas shall contain at a minimum the number of vehicle and bicycle parking spaces set forth in POMC 20.124.040 and 20.124.140. Off-street parking ratios expressed as number of spaces per square feet means the gross square footage of floor area. If the formula for determining the number of off-street parking spaces results in a fraction, the number of off-street parking spaces shall be rounded to the nearest whole number with fractions of 0.50 or greater rounding up and fractions below 0.50 rounding down. (2) An applicant may request a modification of the minimum required number of parking spaces by submitting an application for an administrative variance Ttype 2 pursuant to POMC 20.28.150. (3) When the city has received a shell -and -core building permit application, off-street parking requirements shall be based on the possible tenant improvements or uses authorized by the zone designation and compatible with the limitations of the shell -and -core permit. When the range of possible uses result in different parking requirements, the director will establish the amount of required parking based on a likely range of uses. (Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh. 1)). 20.124.040 Bicycle parking required. (1) Bicycle parking facilities shall be provided for new buildings or facilities, additions to or enlargements of existing buildings, or for changes in the use of buildings or facilities that result in the need for additional auto parking facilities in accordance with the parking requirements in POMC 20.124.140 and where required in Table 20.124.140. The director is authorized to approve modifications to these standards when the applicant successfully demonstrates that the proposed alternative layout, location, design or type of racking meets the intent of these standards. (2) The number of required bicycle parking spaces shall be calculated as shown in Table 20.124.140. (3) Individual bicycle parking spaces shall be a minimum of 75 inches long by 24 inches wide for each space. Where double -sided multi -racks are utilized resulting in overlapping of bicycle parking spaces, the minimum bicycle parking space for two bicycles shall be 100 inches long by 36 inches wide. (4) Bicycle parking racks shall be located in areas visible from public right-of-way and shall be provided with adequate lighting if intended for use after dark. A minimum of 50 percent of the required number of bicycle parking spaces shall be located within 50 feet of a public entrance to the building requiring bicycle parking spaces. (5) Bicycle parking racks shall support the bikes in a stable, upright position, without damage to wheels, frame or other components. (6) Bicycle parking racks shall support the frame of the bicycle at two points of contact and at least one wheel. Racks shall allow the frame and one wheel to be locked to the rack, regardless of whether the front wheel is removed or not. Racks shall be securely anchored. Racks shall accommodate a wide variety of sizes and types of bicycles, including those with water bottles or without kick stands. (7) Bicycle parking racks shall be permanently mounted/installed within private property on solid surfaces. Racks placed adjacent to sidewalks shall not encroach upon required pedestrian access ways, accessible routes or accessible passing space areas. (8) Access shall be provided to each required bicycle parking space. Aisles shall have a width of at least three feet to the front, rear or side of the bicycle parking spaces. (9) Racks shall be placed a minimum of 24 inches away from walls and other elements that may create an obstacle to accessing the bike parking spaces. (10) Where the required bicycle parking spaces cannot be properly located upon the property generating the need for bicycle parking, the owner or applicant of the property generating the need for bicycle parking may apply for a street use from the city for permission to locate the bicycle parking on city right-of-way. (11) New and existing nonresidential uses, buildings and facilities may substitute up to 10 percent of the required vehicular spaces for additional bike parking. Substitutions shall be made based on one vehicular parking space for at least six bicycle parking spaces. (Ord. 050-22 § 10; Ord. 011-19 § 5 (Exh. 2)). 20.124.050 Electric vehicle parking required. Electric vehicle parking shall be provided in quantities as prescribed by the Washington State Building code. , deveLopment for each of the iand uses identified in grows, beginningianuary 1, 2023, a Rd eve iopn-teritth at meets the cilteila parking shown in Table 20.1 24.050(i)-. i i (4) Site design must provide oLoctrieaL, associated vent'Lation, aeeossibLe parking, and g statmons. (a) Size. A standard size parking space shaLL be used for an InstaLLation eLectric vehicLe charging station where (b) and Equipiiient. The station instaiiation and equipment shaR be consistent with the (e) Location, Design, and Maintonanee. Where provided, parking for aLaetrie vehieLa eha.,l.i..., through (v) of this sectioll. indeeating is purposes shaLL meet the standards of subsections (5)(c)(i) (i) Signage. Eaeh eharging station space shaR be posted with signage the spaeo OnLy for incLtided if eLectric vehicLe charging purposes. Days and hours of operation tow -away to be enforetd-. shaR be time Limits or (ii) CLearance. Charging station equ,pnient niotinted on pedestals, .J....:ees ..L.a ..hes ..Lthe light posts, boRards or other of curb. be arn*nemum of 24earfromface WhDeJStDPS — 7--•-- T — --- --- Designatedi . . _ . . - _ - Acces5iNs Space WM ST orW Requier RegAer RaWler 9 of haRierfrm s r ■ Parking Pking Pavin ar �tcessble elf Space spme Spy g 'El r 7� G'Y P- Accessible EV CIh arging Station --------- 91— !rwI • Includes crLarging equlpment, signaga, i and barrier free routes to chrar9ing s� nape equipment and the building. r•----- +Guidance • Tne barrier free area adjacent to the Accessible EV StatiGn shall be sVped and i EV be a rninimum of 44w wide_ i I � Regllir I EV Charging Station Parking I harping equipment and signage ! sp I j ..............i +Gurden� rrrs;ruuts +;rror 91rIg t�gurprlrarr4, srgnagt!, and barrlerfeee rotten to charging equipment an-d the building- Th e b a rrier free area adjacent to the Designated Accessible Space shal he strlped and be 60or96'wide . EV Charging Station ■ Gharglrlg equipment and signage RegVar I � srlung j Space [:I DEV I � .......... (16) Signage for parking of eleetrie vehicles shall include: (a) Information on the eh a rging station to identifyvoitage a nd a niperage [eve is a rid any time of use, fees, or safety inforrnatlofi-. (b) As appropriate, directional signs to effectiveiy guide n-iotoilsts to the charging station space(s). (17) Optional Signage. Optional information may be posted to aiert potenflai charging station Users to other expectations. (18) An applicant may request a modification of the nihimmun-i requh-ed number of electric vehicle parking spaees by applying for an administrative variance type 2 ptirstiant to PE)Nie20.1224.083308(2). Relief under an administrative variance type 2 pursuant topemeH. 124.0330)(2) may inchide but not limited to allowingthe instaRatioi-i of electrical conduits and sizimg panels and eieetri serveees to standard parking stalls in stipport of the future installation of charging facilities while delaying recluirements for installing wiring and chargers as a condiflon of the project. 20.124.060 Accessible parking requirements. Off-street accessible parking shall be provided in accordance with the Americans with Disabilities Act of 1990, or as subsequently amended, and all state and federal standards including but not Limited to the minimum number of standard and van accessible spaces based on the total off- street parking facility size. (Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh. 1)). 20.124.070 Stacking spaces for drive -through facilities. (1) A stacking space shall be an area measuring eight feet by 20 feet with direct forward access to a service window of a drive -through facility. A stacking space shall be located to prevent any vehicle from extending onto the public right-of-way or interfering with any pedestrian circulation, traffic maneuvering, or other parking space areas. Stacking spaces for drive -through or drive-in uses may not be counted as required parking spaces. (2) Uses providing drive -up or drive -through services shall provide vehicle stacking spaces in the following serial or combined sequence per lane of drive -up window; such required spaces shall include the drive -up window space itself: (a) For each service window of a drive -through restaurant, a minimum of five stacking spaces shall be provided. (b) For all other uses, each drive -up window requires a minimum of three stacking spaces. (c) The director may require a vehicle stacking study for proposals if evidence exists to indicate that more than the minimum stacking spaces under subsections (2)(a) and (b) of this section are required to serve a particular use or development. (3) Stacking spaces shall be screened from the right-of-way and adjacent properties using a five- foot type A or B landscape buffer as described in POMC 20.128.060. (Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh. 1)). 20.124.080 Transit and rideshare provisions. To support the use of ridesharing as an alternative mode of transportation that will aid the city in its efforts to reduce air pollution, traffic congestion, and fossil fuel consumption, the following shall apply: (1) All land uses with 25 employees working at any given work site during a single work shift listed under the government/business services and manufacturing tables shall be required to reserve parking spaces for registered rideshare vehicle parking as follows: (a) There shall be a minimum of one open parking space reserved for an employee rideshare vehicle, and all registered rideshare vehicles shall have a reserved parking space. (b) A vehicle parked in a rideshare vehicle only parking space must be registered in Kitsap Transit's countywide public rideshare vehicle registration program, qualify as a rideshare vehicle as defined by Kitsap Transit, and display a valid car/vanpool pass. (c) Each rideshare vehicle parking space shall be clearly labeled with a Kitsap Transit carpool or vanpool parking sign. (d) Except for disabled parking spaces, rideshare vehicle parking spaces shall be located closer to the primary employee entrance than any other employee parking spaces. (2) When one or more scheduled transit routes provide service within 660 feet of the employment site and there is designated pedestrian access, the community development director may reduce the number of required off- street parking spaces. (3) All uses which are located on an existing transit route and are required under the computation for required off-street parking to provide more than 200 parking spaces may be required to provide transit shelters, bus turnout lanes or other transit improvements as a condition of permit approval. Uses that reduce required parking pursuant to subsection (2) of this section may provide transit shelters if transit routes adjoin the site. (Ord. 017-23 § 5 (Exh. A); Ord. 011-19 § 5 (Exh. 2); Ord. 019- 17 § 18 (Exh. 1)). 20.124.090 Pedestrian circulation and access. The following general pedestrian design standards shall apply to all developments throughout the city in addition to those outlined elsewhere within the special design districts: (1) All uses, except single-family detached buildings, shall provide pedestrian access onto the site. Pedestrian access shall be located as follows: (a) Access points at property edges and to adjacent lots shall be coordinated with the existing development to provide circulation patterns between development sites. Pedestrian access to adjacent lots shall not be required if the topography is greater than three percent between the lots. (b) Residential developments shall provide links between cut -de -sacs or groups of buildings to allow pedestrian access from within the development and from adjacent developments to activity centers, parks, common tracts, open spaces, schools or other public facilities, transit stops, and public streets. (2) Pedestrian walkways shall minimize the conflict between pedestrians and traffic at all points of pedestrian access to on -site parking and building entrances as follows: (a) All developments which contain more than one building shall provide walkways between the principal entrances of the buildings. (b) Pedestrian walkways across parking areas shall be located as either one of the following: (i) Walkways running parallel to the parking rows shall be provided at a minimum of every two parking lot aisles. (ii) Walkways running perpendicular to the parking rows shall be no further apart than 25 parking spaces. (3) Pedestrian access and walkways shall meet the following minimum design standards: (a) Access and walkways shall be physically separated from driveways and parking spaces by landscaping, berms, barriers, grade separation or other means to protect pedestrians from vehicular traffic. Lighting may be required. (b) Access and walkways shall be a minimum of 60 inches of unobstructed width and meet the surfacing standards of the Port Orchard road standards for walkways or sidewalks. (c) Access shall be usable by mobility -impaired persons and shall be designed and constructed to be easily located by the sight -impaired pedestrian by grade change, texture or other equivalent means. (d) A crosswalk shall be required when a walkway crosses a driveway or a paved area accessible to vehicles. (e) Wherever walkways are provided, raised crosswalks or speed bumps may be located at all points where a walkway crosses the lane of vehicle travel. (Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh. 1)). 20.124.100 Off-street parking design standards. (1) The most distant parking space shall not be located more than 1,000 feet away from the nearest building entrance it is required to serve. Where the off-street parking areas do not abut the buildings they serve, the required maximum distance shall be measured from the nearest building entrance that the parking area serves: (a) In designated local centers, required parking spaces may be located on consolidated off -site parking lots distributed at accessible locations within the center. (2) Minimum parking space and aisle dimensions shall be determined by the director. Regardless of the parking angle, one-way aisles shall be at least 10 feet wide, and two-way aisles shall be at least 20 feet wide. (3) Any parking spaces abutting a landscaped area on the driver or passenger side of the vehicle shall provide an additional 18 inches above the minimum space width requirement to provide a place to step other than in the landscaped area. The additional width shall be separated from the adjacent parking space by a parking space division stripe. The parking space depth may be reduced when vehicles overhang a walkway under the following conditions: (a) Wheelstops or curbs are installed; and (b) The remaining walkway provides a minimum of 60 inches of unimpeded passageway for pedestrians. (4) The amount of space depth reduction is limited to a maximum of 18 inches. (5) Lighting of off-street parking areas shall be provided for safety of traffic and pedestrian circulation on the site, as specified in the International Building Code. Lighting shall be designed to minimize direct illumination of abutting properties and adjacent streets. The director shall have the authority to determine lighting requirements including requiring the preparation of lighting plans to determine the adequacy of on -site lighting as well as the off -site lighting impacts. (6) Tandem or end -to -end parking is allowed in single-family detached residential developments. Driveways crossing required setback areas may be used for parking when serving single-family detached dwellings but shall not be considered for purposes of calculating required parking. Attached single-family and multifamily developments may have tandem parking areas for each dwelling unit but shall not combine parking for separate dwelling units in tandem parking areas. (7) All vehicle parking and maneuvering areas serving a development activity shall be an asphalt or concrete surface, except in industrial zones where only required vehicle parking and related maneuvering areas must be paved. (8) Low impact development (LID) best management practices (BMPs) shall be used for all parking lot design and construction, unless site and soil conditions make LID infeasible as determined by the city. LID BMPs for parking lot design and construction include, but are not limited to: (a) Pervious surfacing; (b) Integrating stormwater management facilities, such as bioretention swales, with required parking lot landscaping; and (c) Using native species in the landscape design. LID BMPs shall be designed and constructed in accordance with the LID Technical Guidance Manual for Puget Sound (current edition). (Ord. 011-19 § 5 (Exh. 2); Ord. 010-18 § 20). 20.124.110 Compact car allowance requirements. Subject to director review and approval, up to 40 percent of the total number of spaces to be provided in any development may be sized to accommodate compact cars. Aisle widths shall conform to the standards set for standard size cars. (Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh. 1). Formerly 20.124.120). 20.124.120 Internal circulation road standards. Internal access roads to off-street parking areas shall conform with or exceed the surfacing and design requirements of the most recent adopted edition of the Port Orchard Public Works Eengineering Sstandards and Sspecifications. (Ord. 059-21 § 12; Ord. 011-19 § 5 (Exh. 2); Ord. 019- 17 § 18 (Exh. 1). Formerly 20.124.130). 20.124.130 Downtown mixed use parking standards. Except as otherwise provided in this section, development within the Ddowntown Mmixed= Utrse zone (DMU) shall provide parking in accordance with the off-street parking requirements set forth in this chapter. (1) Parking shall not be required for ground floor uses in the DMU zone in the downtown subarea (see City of Port Orchard Comprehensive Plan Appendix D). (2) For rnuftifam,Ly residential uses in the DMU zone, the off-street minimum of one parking space for each dweffing unit, regardless of the number of bed roorns.-Residential uses in the DMU zone shall meet the parking requirements of section 20.124.040. (3) No new street level parking lot or parking garage that fronts directly on Bay Street shall be allowed between Port Street and Seattle Avenue. (4) Exemptions. The following uses and buildings within the DMU zone shall be exempt from the parking standards set forth in this chapter: (a) Existing buildings and uses along both sides of Bay Street from Orchard Avenue to Seattle Avenue shall be exempt from the parking requirements set forth in this chapter. (Ord. 030- 21 § 11; Ord. 011-19 § 5 (Exh. 2)). 20.124.135 Downtown subarea residential parking standar— - For residential uses in the downtown subarea, excluding the DMU zone parking standards in PE)MC 20.124.130, the off-street parking standard shall be a minimurn of one parking spaeo for each dweRing tinit, regardiess of the number of bedroorns. An additional 0.25 parking spaces shall be required for each unit iocated on a site that is not served by adjacent on -street parking. (Ord. 030- 2-1 § 12). 20.124.140 Minimum parking stand Parking Quantities. (1) Vehicle parking minimum quantities shall be provided in accordance with Table 20.124.140 i elaw. Nothing in Table 20.124.140 precludes development from providing more off-street parking than the minimum required. Within Centers, as adopted in the Land Use Element of the current City of Port Orchard Comprehensive Plan, minimum vehicle parking requirements shall be provided consistent with Table 20.124.140. (2) Non-residential uses with one thousand (1,000) square feet or less shall be exempt from minimum off-street parking requirements. All uses over one thousand (1,000) square feet, other than those specified under the heading "Residential Uses" shall provide a minimum of four (4) parking spaces or the amount specified in Table 20.124.140, whichever is greater, except as otherwise provided in this chapter. Multiple -tenant or multiple -use buildings may exempt no more than four (4) uses of one thousand (1,000) square feet or less from the minimum off-street parking requirement. In addition, one (1) parking space shall be provided for each commercial vehicle or vehicle necessary for the operation of the use that is maintained on the premises. Such vehicles may include, but shall not be limited to, tow trucks, taxis, buses, limousines, hearses, commercial trucks or vans, police or fire vehicles or other service vehicles. (3) Bicycle parking minimum quantities shall be provided in accordance with Table 20.124.140t1� tali eLow. In no case is a single use required to provide more than 24 bicycle parking spaces. Bicycle Minimum Parking Parkin Additkma Requirement Minimum ' Off-Street within Supplementa Parkin Parking Required Land Use CentersMinimu 1 Parking RequirementUni t of Measure m Off Street Parking Requiren,iervt RequirementWhen Lot Does Not Have Adjacent Public On -Street Parking Residential Uses Single-family 2 stalls Per 1 stall Per +None required detached dwelling dwellin -2 (including manufactured homes, mobile homes) Designated 2 stalls Per 1 stall Per None required manufactured dwellin dwelling home. manufactured or mobile home (except for new designated manufactured homes New designated 2 stalls Per dwellin 1 stall Per dwelling None required manufactured home Two-family 2 stalls Per dwellin Pet° dvv%--" 1 stall Per dwelling None requiredl- Single-family attached (2 units) 2 stalls Per dwellin Pet° " 1 stall Per dwellln2 None required+ attached, fly. Single-family attached (3 or 4 units 2 stalls Per dwellin 1 stall Per dwelling None required Single-family attached (5 or 6 units 2 stalls Per dwellin 1 stall Per dwelling None required Multifamily (3 or 1 stall Per dwelling 1 stall Per dwelling 0.25 per dwellin 4 units Multifamily (5 or more units) Studio 1.25 stalls Per dwellin 1 stall Per dwelling 0.25 per dwelling One bedroom 1.5 stalls Per dwelling 1 stall Per dwelling 0.25 per dwelling Two bedroom 1.75 stalls Per dwellin 1 stall Per dwelling 0.25 per dwelling Three plus bedroom 2 stalls Per dwelling 1 stall Per dwelling 0.25 per dwellin Studla Per studio rtg +.2-5 9.25 One bedroorn Per one bedroorn rjg .5 0-.5 Two bedroorn 5 6.2-5 Per two bed roo rn rtg Tim plus bedreem Per three pLua bedroom dvv-," 2 9-.25 Boarding house 0.5 stall Per bedroom 0-.50.5 stall Per bedroom None required Congregate living facilities 0 stall Per bedroom 0 stall Per bedroom None required Lodging house None required Group home (up to 8 residents), except as follows: 0.5 stall Per bedroom 0-.50.5 stall Per bedroom None required Ad uft a r ri ly 2 Plus 0.5 + Pei, adu Lt fantity horne home spaces pe-r bed All group living (9 0.5 stall Per bed 0-.50.5 stall Per 0.125 Per bed or more bed residents) All social service 0.5 stall Per bed/ 0.5 per bed and 1 None required and 1 stall per per 300 square 300 square feet feet office office Public Uses All civic uses, 1 stall Per 300 1 stall Per 300 5% of provided except as listed square feet office square feet office vehicle parking below: with a minimum of 3 spaces Community 1 stall Per 1 stall Per Plus 1 Pei, 5 5% of provided college, high classroom and 1 classroom and 1 students vehicle parking stall per 5 school, stall per 5 with a minimum of 10 spaces university, trade students students-+ or technical school Elementary, 1 stall Per 1 stall Per Plus 1 per 50 5% of provided middle, or junior classroom and 1 classroom and 1 students vehicle parkin stall per 50 high school stall per 50 with a minimum of 10 spaces students students-+ Club or lodge 1 stall Per 3 fixed 1 stall Per 3 fixed 5% of provided seats-+ seats vehicle parking with a minimum of 3 spaces Place of worship 1 stall Per 3 fixed 1 stall Per 3 fixed 5% of provided seats+ seats vehicle parking with a minimum of 3 spaces All open space 5% of provided and park uses, vehicle parkin except as listed with a minimum of 10 spaces below: Golf course 1 stall Per hole 1 stall Per hotel- None required All utilities No min No min None required Commercial Uses All day care 2 stalls Per 1,000 2 stalls Per 1,000 5% of total square feet2 square feet minimum off- street parkin requirement (minimum 3) All indoor 1 stall Per 1,000 1 stall Per 1,000 5% of total square feet+ recreation, square feet minimum off - except as listed street parkin below: requirement (minimum 3) Shooting range 1 stall Per target 1 stall Per target+ None required Bowling alley 3 stall Per lane 3 stall Per lanes None required All outdoor Determined Determined 5% of total recreation, during application during application minimum off - except as listed street parkin below: requirement (minimum 3) Shooting range 1 stall Per target 1 stall Per target + 5% of total minimum off- street parkin requirement (minimum 3) All overnight 1 stall Per room 1 stall Per room None required available for lodging available for overnight use by overnight use by guestsguests-+ All medical 2 stalls Per 1,000 2 stalls Per 1,000 5% of total square feet-2 square feet minimum off- street parkin requirement (minimum 3) All office 2 stalls Per 1,000 2 stalls Per 1,000 5% of total square feet2 square feet minimum off- street parkin requirement (minimum 3) All personal and 2 stalls Per 1,000 2 stalls Per 1,000 5% of total square feet2 business square feet minimum off - services street parkin requirement (minimum 3) All restaurants, 5 stalls Per 1,000 5 stalls Per 1,000 5% of total square feet5 (except that square feet minimum off - taverns, bars, street parkin and portions of requirement buildings within (minimum 3) restaurants primarily used forthe consumption of alcohol shall not require any vehicle parking or be included in minimum parking calculations) All retail sales 2 stalls Per 1,000 2 stalls Per 1,000 5% of total square feet2 square feet minimum off- street parkin requirement (minimum 3) All vehicle and 2 stalls Per 1,000 2 stalls Per 1, 000 None required square feet2 tool/constructio square feet n equipment sales and rentals All vehicle 1 stall Per 1,000 1 stall Per 1,000 None required square feet+ service and square feet repair Industrial Uses All light 1 stall Per 1,000 1 stall Per 1,000 5% of total square feet+ manufacturing square feet minimum off- street parkin requirement (minimum 3) All research and 1 stall Per 1,000 1 stall Per 1,000 5% of total square feet+ development square feet minimum off- street parkin requirement (minimum 3) All warehouse, 1 stall Per 1,000 1 stall Per 1,000 5% of total square feet2 storage and square feet minimum off - distribution street parking requirement (minimum 3) �ww�wr-w r����rwrwwwww� rs�rwwwwr����w� 20.124.150 Minimum parking stall dimensions. Table 20.124.150 Minimum Parking Stall Dimensions Minimum Parking Stall Dimensions Stall Width Stall Depth Compact stall 8.0 feet 16.0 feet Standard stall (required for single-family and duplex parking) 9.0 feet 20.0 feet Minimum Loading Requirements Unit of Measurement Minimum Loading Spaces Nonresidential Buildings with Retail, Wholesale, Manufacturing, Storage Uses (1) 10,000 — 16,000 square feet 1.0 16,001 — 40,000 square feet 2.0 40,001—64,000 square feet 3.0 64,001 — 96,000 square feet 4.0 96,001—128,000 square feet 5.0 128,001 — 160,000 square feet 6.0 160,001 — 196,000 square feet 7.0 Each additional 36,000 square feet 2.0 Retail, Hotel, Office, Restaurant, Hospital, Auditorium, Convention Hall, Exhibition Hall, Sports Arena/Stadium or Similar 40,000 — 60,000 square feet 1.0 60,001 — 160,000 square feet 2.0 160,001 — 264,000 square feet 3.0 264,001 — 388,000 square feet 4.0 388,001 — 520,000 square feet 5.0 520,001 — 652,000 square feet 6.0 Table 20.124.150 Minimum Parking Stall Dimensions Minimum Parking Stall Dimensions Stall Width Stall Depth 652,001 — 784,000 square feet 7.0 784,001 — 920,000 square feet 8.0 Each additional 140,000 square feet 1.0 (1) Excluding self-service storage facilities. (Ord. 011-19 § 5 (Exh. 2); Ord. 019-17 § 18 (Exh. 1). Formerly 20.124.260).