HomeMy WebLinkAboutOctober 7, 2025, Planning Commission Meeting Packet171. Meeting Location: Contact us:
(�QRCHARI] 216 r Prospect Street Phone (360) o 876-4407
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Port Orchard, WA 98366 cityhall@portorchardwa.gov
www.portorchardwa.gov
Planning Commission
Planning Commission Regular Meeting
Tuesday, October 7, 2025
6:00 PM
Attendees and Planning Commissioners may attend in person at City Hall or via Zoom
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).
Link: https://us02web.zoom.us/j/86180242823
Zoom Call -In: 1 253 215 8782
Webinar ID: 8618024 2823
ADA Requirements
In compliance with the American with Disabilities Act, if you need accommodations to participate
in this meeting, please contact the Department of Community Development at (360) 874-5533.
Notification at least 48 hours in advance of meeting will enable the City to make arrangements to
assure accessibility to this meeting.
Call to Order
A. Pledge of Allegiance.
2. Welcome and Introduction.
Planning Commission and City Staff Introductions.
3. Audience Comments.
Topics not listed for public hearing on tonight's agenda.
Please limit comments to 3 minutes.
4. Approval of Minutes
July 1, 2025
Business Items
A. PUBLIC HEARING: Critical Areas Ordinance — POMC 20.162 (Attachment)
Public Hearing on proposed amendments to Port Orchard Municipal Code, 20.162 -
Critical Areas, as part of the implementation of the 2024 Comprehensive Plan update.
October 7, 2025 Meeting Agenda
Staff Contact: Jim Fisk, AICP, Principal Planner
B. DISCUSSION: Co -Living Housing, HB 1998 (Attachment)
Discussion on proposed amendments to Port Orchard Municipal Code, 20.12, 20.39
and 20.124.140 as part of the implementation of the House Bill 1998.
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
9. Next Planning Commission Meeting: November 4, 2025
ADA Requirements
In compliance with the American with Disabilities Act, if you need accommodations to participate in this meeting, please
contact the City Clerk's office at (360) 876-4407. Notification at least 48 hours in advance of meeting will enable the City
to make arrangements to assure accessibility to this meeting.
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October 7, 2025 Meeting Agenda
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CITY OF PORT ORCHARD
Planning Commission Minutes
216 Prospect Street, Port Orchard, WA 98366
Phone: (360) 874-5533 • Fax: (360) 876-4980
Planning Commission Meeting Minutes
July 1, 2025
Hybrid Meeting — Council Chambers/Zoom Teleconference
COMMISSIONERS:
Present: Tyler McKlosky (Chair), Joe Morrison, Stephanie Bailey, Paul Fontenot, Tiffiny Mitchell
Absent: Annette Stewart (Vice Chair), Wayne Wright
STAFF:
Community Development Director Nick Bond, Principal Planner Jim Fisk, Associate Planner Connor
Dahlquist, Planning Intern Fitzhugh Bethea
1. CALL TO ORDER: Commissioner McKlosky called the meeting to order at 6:03 p.m. and led the
Pledge of Allegiance.
2. WELCOME AND INTRODUCTIONS
3. PUBLIC COMMENTS: There were no members of the public present in the chamber and none attending
remotely.
4. APPROVAL OF MINUTES FROM MAY 6TH AND JUNE 3", 2025: Commissioner McKlosky asked if the
other commissioners reviewed the minutes from the May 6th, 2025 meeting and the June 3rd, 2025
meetings and if anyone had any issues or proposed amendments. Seeing none, a motion was entertained
to approve the minutes. Commissioner Mitchell moved to approve the minutes and Commissioner
Fontenot seconded. The motion passed unanimously.
5. BUSINESS ITEMS
A. DISCUSSION: Critical Areas Ordinance — POMC 20.162
Principal Planner Fisk provided an update to the City's efforts to amend the Critical Areas
Ordinance to comply with the Growth Management Act and best scientific practices. The most
significant update, since the Commission's last review in February, was to the review and
verification process. Other revisions include code sections reorganized for clarity; wetland buffer
standards updated to Department of Ecology guidance; modernization of wetland mitigation
hierarchy; change of the term stream buffer to riparian management zone to match with federal
terminology; updated riparian management zone standards to meet or exceed federal minimums.
Staff intend to present a final draft at the August Meeting and asked for comments on the draft by
mid -July so that there would be enough time to incorporate changes before the August Meeting.
Commissioner Morrison asked staff to describe the current process to identifying Critical Areas
and how the new process would be utilized.
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Principal Planner Fisk stated that identification would largely remain the same. Staff uses County
published maps to examine areas with potential critical areas. If someone were to put in a request
for a development activity application within 300 feet of potential critical area a wetland report, or
similar environmental document, is prepared by the applicant and is verified by the City's on -call
consultant. The intent of the additional changes since February is that the City would be able to
expand the review process outside of development activity application review.
Commissioner Morrison asked staff to estimate the percentage of permits that involve critical areas
Principal Planner Fisk explained that depending on the type or size of permit greatly influences the
chance that it would involve a critical area but roughly 30 percent might involve critical areas.
B. Directors Report
Community Development Director Bond started by informing the council that the Middle Housing
Ordinance had been adopted and took effect July 1St. A minor change was made to the Middle
Housing Ordinance in the McCormick Village Overlay District amending the minimum height of
the first floor from 12 feet to 10 feet to allow for wood frame construction. Twelve -foot height first
floors would have required steel and concrete. Additionally, the 2025 Comprehensive Plan
Amendments were adopted as recommended by the Planning Commission.
ADJoufuv: Commissioner McKlosky adjourned the meeting at 6:13 pm.
Tyler McKlosky, Chair
Nick Bond, AICP, Community Development Director
Page 2 of 2
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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(a) Meeting Date: October 7, 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, January, February and July Planning Commission meetings, staff presented proposed
amendments to POMC 20.162. At the February Planning Commission meeting, a comment matrix was
presented to the Commission based on the comments received. The comment matrix was refreshed with
additional work completed by staff for the July meeting, but for the most part remained unchanged since
its February presentation. The matrix 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.
The most significant edits since the February meeting appear in draft POMC 20.162.021. These proposed
edits introduce a process for critical areas review and approval. Currently, the City of Port Orchard does not
have a mechanism to provide critical areas review outside of a development activity application. This can
prove to be challenging for property owners that may be considering development as without a verification
process, feasibility studies and site planning are solely based on the report prepared by a property owner's
consultant without consensus from the City. This verification process, as drafted, does not create a path for
property owners to have the City prepare reports, but rather provides a service to potential developers and
property owners.
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
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• 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 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 legal blackline version of POMC 20.162 in tonight's packet, which includes all proposed
revisions to date and are incorporated into the adopting Ordinance under consideration at the October 7,
2025 public hearing. The proposed amendments are designed to ensure compliance with state and federal
requirements, integrate BAS, and balance environmental protection with development needs.
Following the Planning Commission's review of the proposed amendments throughout 2025, the City's
SEPA Responsible Official issued a Determination of Non -Significance (DNS) on September 12, 2025. To
date, the City received one comment related to the DNS from the Department of Natural Resources
encouraging the inclusion of a definition for a "geologist" which is incorporated into the Ordinance before
the Commission. Also on September 12, 2025, staff transmitted the proposed amendments to the
Washington State Department of Commerce for the required 60 -day review period. As of the date of this
report, no comments have been received by the City. It is important to note, that adoption of the
Ordinance by the City Council may not occur prior to the requisite Commerce -review period lapses on
November 11, 2025.
In preparation for Planning Commission action at tonight's hearing, staff properly noticed a public hearing
for the October 7, 2025 Planning Commission meeting. After taking public testimony and deliberating, the
Planning Commission is expected to forward a recommendation to the City Council. Final City Council
action is tentatively scheduled for November 18, 2025, following the completion of the Department of
Commerce review period.
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Attachments: Ordinance, and Comment Matrix 20250617
ORDINANCE No. **-25
AN ORDINANCE OF THE CITY OF PORT
ORCHARD, WASHINGTON, ADOPTING
AMENDMENTS TO CHAPTER 20.162 OF THE
PORT ORCHARD MUNICIPAL CODE (CRITICAL
AREAS REGULATIONS) TO IMPLEMENT THE
2024 COMPREHENSIVE PLAN PERIODIC
UPDATE AND TO ENSURE CONSISTENCY
WITH THE WASHINGTON STATE GROWTH
MANAGEMENT ACT; PROVIDING FOR
PUBLICATION; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, the City of Port Orchard is a code city operating under Title 35A
RCW, among other laws; and
WHEREAS, the City of Port Orchard is required under the Washington
State Growth Management Act (Chapter 36.7oA RCW) to periodically review and
update its Comprehensive Plan and development regulations to ensure consistency
with state law; and
WHEREAS the City completed a periodic update of its Comprehensive Plan
in December 2024, incorporating public input, and updated policy guidance; and
WHEREAS, Chapter 20.162 of the Port Orchard Municipal Code (Critical
Areas Regulations) governs the protection of wetlands, fish and wildlife habitat
conservation areas, geologically hazardous areas, frequently flooded areas, and
critical aquifer recharge areas; and
WHEREAS, the proposed amendments to Chapter 20.162 are intended to
align the City's regulations with the Growth Management Act, including RCW
36.70A.060 and RCW 36.70A.130, and to incorporate best available science (BAS)
as required by state law; and
WHEREAS, on September 12, 2025, the City's SEPA official issued a
determination of nonsignificance for the proposed amendments, which was
published and provided to the public in accordance with POMC 20.160.190 and
WAC 197-11-510, and there have been no appeals; and
WHEREAS, this Ordinance was submitted to the Department of Commerce
for 6o -day review September 16, 2025 and the requisite time has now passed to allow
this ordinance to be adopted; and
WHEREAS, the City has provided notice and opportunity for public
comment, conducted public meetings and hearings before the Planning Commission
and City Council, and considered all relevant input in the development of these
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amendments; and
WHEREAS, on September 23, 2025, the City issued a Notice of Public
Hearing for the proposed amendments to POMC 20.162, which was published and
provided to the public in accordance with POMC 20.25.050; and
WHEREAS, the Planning Commission conducted a public hearing on the
substance of this Ordinance on October 7, 2025 and recommended adoption by the
City Council; and
WHEREAS, the City Council, after careful consideration of the
recommendation from the Planning Commission, all public comment, and the
Ordinance, finds that this Ordinance is consistent with the City's Comprehensive
Plan and development regulations, the Growth Management Act, Chapter 36.70A
RCW, and that the amendments herein are in the best interests of the residents of
the City and further advance the public health, safety and welfare; NOW,
THEREFORE
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section i. The above recitals are hereby adopted as findings in support of
this Ordinance.
Section 2. Chapter 20.162 of the Port Orchard Municipal Code entitled
"Critical Areas Regulations" is hereby revised as shown on Exhibit "A" to this
Ordinance.
Section 3. Severability. If any section, sentence, clause, or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity of
any other section, sentence, clause, or phrase of this ordinance.
Section 4. Publication. A summary of this Ordinance may be published
in lieu of the entire Ordinance, as authorized by State Law.
Section 5. Corrections. Upon the approval of the city attorney, the city
clerk, and/or the code publisher is authorized to make any necessary technical
corrections to this ordinance, including but not limited to the correction of
scrivener's/clerical errors, references, ordinance numbering, section/subsection
numbers, and any reference thereto.
Section 6. Effective Date. This ordinance shall take effect at 12:01 AM
on January 1, 2026, which is at least five days after publication as provided by law.
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PASSED by the City Council of the City of Port Orchard, APPROVED by the
Mayor and attested by the Clerk in authentication of such passage this day of
, 2025.
Rob Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Charlotte A. Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
Jay Rosapepe, Councilmember
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Chapter 20.162
CRITICAL AREAS REGULATIONS
Sections:
Article I. Critical Areas
20.162.010 Titic.20.162.010 Title.
20.16?012—Purpose.20.162.012 Purpose.
20.162.014 Applicability.20.162.014 Applicability.
291622.016 Relationship to other u'a+ions.20.162.016 Relationship to other regulations.
20.162 19 Inventory provisions.20.162.018 Inventory provisions.
20.162.020 Administration — Gcne "••.20.162.020 AdministrationGenerally.
20.162.022 Application -requirements y.20.162.022 Application types.
20.162.024 Application requirements —y.
20.162.024 Application requirements — Mitigation sequencing 20.162.026 Application requirements
— Mitigation sequencing.
20.162.026 Application requirements — Revie,. r'tcria.20.162.028 General mitigation requirements
20.162.030 Application requirements — Review criteria.
20.1622 028 BondT20.162.032 Bonds.
20.162.030 Notice to title 20.162.034 Notice to title.
20.162.032 €xemptions.20.162.036 Exemptions.
20.162.034 €xceptions.20.162.038 Exceptions.
20.162.036 Varianccs.20.162.040 Critical area variances.
20.162.038 Nonconforming _ Existing st „cturow 20.162.042 Nonconforming— Existing structures.
20.162.040 Enforcemen— Violation —Penalty.20.162.044 Enforcement — Violation — Penalty.
20.162 42 20.162.046 Liability.
Article II. Definitions
29.1 11 Definitions 20.162.048 Definitions — Generally.
Article III. Wetlands
29.1 .016 Purpose.20.162.050 Purpose.
29.1 .018 W cotegori2T20.162.052 Determination of wetland boundaries.
20.162.054 Wetland categories.
28 1622.050 Exempt wet';;^d s 20.162.056 Exempt wetlands.
20.162.052 Development r+andardx.20.162.058 Wetland development standards.
20.162 54 Regulated uses and activities.
20.162 056 Additional development standards for regulated , ,20.162.060 Additional
development standards for regulated uses.
20.162.058 application requirements.
20.162.060 Determination f wetland boundaries.
20.162.062 Wetland mitigationrcquirements.20.162.062 Wetland mitigation requirements.
20.162.064 Incentives for wetlands pr t ction.20.162.064 Incentives for wetlands protection.
11108823.1 - 366922 - 0001
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Article IV. Fish and Wildlife Habitat Conservation Areas
20.1622.063 Purpose.20.162.066 Purpose.
20.162.070 Fish and wildlife habitat concrvation area categories 20.162.068 Fish and
wildlife habitat conservation area categories classification.
20.162" Development standards.20.162.070 Development standards.
20.162.072 Additional development standards for regulated uses.
Article V. Geologically Hazardous Areas
20.162.074 Purpose.20.162.074 Purpose.
20.162.076 Geologically hazardous area eategarics.20.162.076 Geologically hazardous area
categories.
20.162.073 Development standards.20.162.078 Development standards.
Article VI. Frequently Flooded Areas
29 162-080 Pirpese and F nt 20.162.080 Purpose and requirements.
Article VII. Critical Aquifer Recharge Areas
20.1622.032—Pu„pose.20.162.082 Purpose.
20.162.084 Critical aquifer recharge area catcgorics,20.162.084 Critical aquifer recharge area
categories.
20.162.086 — Development sta daraT20.162.086 Development standards.
Article VIII. Special Reports
20.162.083 Purpose. 20.162.088 Purpose.
29 16290 When required.20.162.090 When required.
20.162.092 Special reps _ Responsibility for completion.20.162.092 Special reports —
Responsibility for completion.
20.162.094 Qualifications of 20.162.094 Qualifications of professionals.
20 162. 096 Wetland report/wetland mitigation plan.20.162.096 Wetland report.
29 162.098 Habitat management plan c ntent 20.162.098 Mitigation plan.
20.162.100 Habitat management plan content.
20.162.1O00—Geotechnical report eontenis20.162.102 Buffer enhancement plan.
20.162.104 Geotechnical report contents.
11108823.1 - 366922 - 0001
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20.162.102 Hydrogcologicjlrcpvo t contcnt..20.162.106 Hydrogeological report content.
Article XIII. Attachments
20.162.106 Ai*ots.20.162.108 Attachments.
Article I. Critical Areas
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."
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.
20.162.014 Applicability.
No person. company. agency, or applicant shall alter a critical area or buffer except as consistent with
the requirements of this Title.
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.
(1) Critical Areas Review. All uses, activities, and development in critical areas and their buffers.
whether on public or private property, shall comply with the requirements of this chapter. These
regulations apply 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 20.162.034. Regulated uses and activities include, but not limited to:
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13
(a) Removing, excavating, disturbing, or dredging soil, sand, gravel, minerals, organic matter. or
materials of any kind;
(b) Dumping, discharging, or filling with any material;
(c) Draining, flooding, or disturbing the water level or water table:
d) Driving pilings or placing obstructions:
(e) Constructing, demolishing, or altering the size of any structure or infrastructure that results in
disturbance of a critical area or the addition of any impervious surface coverage to a site that results
in disturbance of a critical area:
(f) Destroying or altering vegetation through clearing, grading, harvesting, shading, or planting
vegetation that would alter the character of a critical area;
(g) Activities that result in significant changes in water temperature and physical or chemical
characteristics of water sources, including quantity and pollutants; and
(h) Any other activity that has a potential to 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 all 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.
20.162.018 Inventory provisions.
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11108823.1 - 366922 - 0001
14
(1) Not all critical areas in the City of Port Orchard are fully mapped. 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.
20.162.020 Administration -ter
(1) The Community Development D4irector, or hi their 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 or by
a development agreement authorized by Chapter 36.708 RCW and consistent with POMC Chapter 20.26.
(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.
20.162.022 ApplieatienCritical Areas Review types.
11108823.1- 366922 - 0001
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This chapter establishes two distinct critical areas review roccdurcsrocesses that apply to activities
regulated by this Title. , includintz but not limitcd to land disturbinz activities and development
activities. areas review shall be conducted in conjunction with the underlying permit application.
except as described in section 1 below, and shall not constitute a permit action. The two tvocsreview
processes of reviews are as follows:
1) Critical Areas Review and Verification Unrelated to an Underlvine Permit. An applicant ma
request verification of the presence. absence, or boundary of cone or more wetlands or a fish
and wildlife habitat conservation areas located on. or within 300 feet of. the subject property.
This request may be submitted independent of a development activity application and is not
subject to administrative appeal.
a. Submittal Requirements: Verification requests shall include all applicable critical area
reports and supporting documentation. as required under Article VIII.
b. Validity: An approved critical area verification is valid for five (5) years from the date of
issuance. Verification is limited to the delineation and/or boundary confirmation of
critical areas. Wetland ratings and habitat assessments are not valid for the approved
verification period.
(2) Critical Areas Review and Verification Related to an Underlying Permit. For land disturbing
activities and development activityies within or adjacent to a critical area. a critical areas review
shall be conducted to evaluate consistency with the standards and requirements of this Title.
This review shall be performed in conjunction with an underlying permit application (such as a
building permit. land disturbing activity permit. conditional use permit. etc.).
a. Submittal Requirements: The applicant shall submit applicable special reports and
documentation, as defined in Article VIII, sufficient to evaluate compliance with all
applicable critical areas regulations.
b. Review Process: The Department shall review the proposal in the context of the
underlying permit application (e.g.. Type I, II, or III) and issue a critical areas verification
as part of the permit review. The verification shall confirm whether the proposed
activity complies with the applicable provisions of this chapter and identify any required
conditions of approval.
c. Integration with Permit Decision: The critical areas verification shall be incorporated
into the decision on the underlying permit and shall not constitute a separate decision
or permit action. Any objection to a critical areas verification shall be submitted and
evaluated in accordance with the procedures applicable to the underlying permit
application, as provided in POMC 20.22.
20.162.0242 Application requirements —Generally.
(1) Where not otherwise required aAll 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
[.
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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 cxpcditc thc �jypermit review process, thc community dcvclopmcnt department shall be thc
lead agcncydepartmcn on all work related to critical arcas. Development may be prohibited in a
proposed development activity 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 oposals, 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 schcdulcCritical areas review and application fees,
established in the city's fee resolution, 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 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 department
may require additional reports or information to further identify potential impacts to any part of the
environment which may include the following:
(a) Erosion and sedimentation control measures and/or a stormwater or land disturbing activity
permit as required by the city's stormwater management regulations.
20.162.0264 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;
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(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 Articic XII of
chapter.
20.162.0286 General mitigation requirements.
Unless otherwise provided in this chapter, if alteration to a critical area or its buffer is unavoidable, all
adverse impacts resulting from a development proposal or alteration shall be mitigated using the best
available science so as to result in no net loss of critical area functions and values, as provided below.
(1) In making a determination as to whether such a requirement will be imposed, and if so, the degree
to which it would be required, the director shall consider the following:
(a) The long-term and short-term effects of the action and the reversible or irreversible nature of
the impairment to or loss of the critical area;
(b) The location, size. and type of and benefit provided by the original and altered critical area;
c) The effect the proposed work may have upon any remaining critical area or associated aquatic
systems;
d) The cost and likely success of the compensation measures in relation to the magnitude of the
proposed project:
(e) The observed or predicted trend with regard to the gains or losses of the specific type of critical
area: and
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(f) The extent to which the applicant has demonstrated a good faith effort to incorporate measures
to minimize and avoid impacts within the project.
(2) Mitigation projects shall not result in adverse impacts to adjacent property owners.
(3) Mitigation shall be in kind and on site, when possible. and sufficient to maintain the functions and
values of the critical area.
(4) Mitigation shall not be implemented until after permit approval of the director and shall be in
accordance with all reports and representations made therein.
5) Mitigation Sequencing. When an alteration to a critical area or its buffer js proposed, an applicant
shall sufficiently demonstrate mitigation sequencing as defined in POMC -20.162.026.
6) Mitigation for Lost or Affected Functions. Compensatory mitigation shall address the functions
affected by the proposed project or alteration to achieve functional equivalency or improvement and
shall provide similar critical area or buffer functions as those lost, except when:
(a) The lost critical area or buffer provides minimal functions as determined by a site -specific
functional assessment, and the proposed compensatory mitigation action(s) will provide equal or
greater functions or will provide functions shown to be limiting within a watershed through the
a propriate analysis: or
(b) Out of kind replacement of critical area type or functions will best meet watershed goals formally
identified by the city, such as placement of historically diminished critica1.
7) Type and Location of Mitigation. Unless it is demonstrated that a higher level of ecological
functioning would result from an alternative approach or required under Article III of this chapter.
compensatory mitigation for ecological functions shall be either in kind and on site, or in kind and within
the same subbasin, basin, watershed. or service area of a certified mitigation bank. Mitigation actions
shall be conducted within the same sub -drainage basin and on the site of the alteration except when all
of the following apply:
(a) There are no reasonable on -site or in subdrainage basin opportunities (e.g.. on -site options
would require elimination of high functioning upland habitat), or on -site and in subdrainage basin
o portunities do not have a high likelihood of success based on a determination of the natural
capacity of the site to compensate for impacts. Considerations should include: anticipated
mitigation ratios for the identified critical area(s), buffer conditions and proposed widths, available
water to maintain anticipated hvdrogeomorphic classes of wetlands. or streams when restored.
proposed flood storage capacity, potential to mitigate riparian fish and wildlife impacts (such as
connectivity):
b) Off -site mitigation has a greater likelihood of providing equal or improved critical area functions
than the impacted critical area; and
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c) Off -site locations shall be in the same sub -drainage basin unless established -watershed goals for
water quality, flood storage or conveyance, habitat, or other functions have been established by the city
and strongly justify location of mitigation at another site.
(8) Mitigation Banks.
(a) Credits from a mitigation bank may be approved for use as compensation for unavoidable
impacts to critical areas when:
(i) The bank is certified under state rules:
(ii) The director determines that the mitigation bank provides appropriate compensation for the
authorized impacts; and
(iii) The proposed use of credits shall be consistent with terms and conditions of the bank's
certification.
(b) Replacement ratios for projects using bank credits shall be consistent with replacement ratios
specified in the bank's certification.
(c) Credits from a certified mitigation bank may be used to compensate for impacts located within
the service area specified in the bank's certification. In some cases, the service area of the bank may
include portions of more than one adiaccnt drainage basin for specific habitat functions.
(9) In -Lieu Fee. Credits from an approved in -lieu fee program may be used when all of the following
apply:
(a) The approval authority determines that the use of the program would provide environmentally
appropriate compensation for the proposed impacts:
(b) The proposed use of credits is consistent with the terms and conditions of the approved in -lieu
fee program instrument:
c) Projects using in -lieu fee credits shall have debits associated with the proposed impacts
calculated by the applicant's qualified specialist using the credit assessment method specified in the
a proved instrument of the in -lieu fee program: and
(d) The impacts are located within the service area specified in the approved in -lieu fee program
instrument.
(10) Timing of Compensatory Mitigation. It is preferred that compensation projects will be completed
prior to activities that will disturb the on -site critical area. If not completed prior to disturbance.
compensatory mitigation shall be completed immediately following the disturbance and prior to the
issuance of final certificate of occupancy. Construction of mitigation projects shall be timed to reduce
impacts to existing fisheries, wildlife, and flora. The director may authorize a one-time temporary delay
in completing construction or installation of the compensatory mitigation when the applicant provides a
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written explanation from a qualified professional as to the rationale for the delay (i.e.. seasonal planting
requirements. fisheries window).
(11) Critical Area and Buffer Enhancement as Mitigation. Impacts to critical area or buffer functions may
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.
20.162.0302r8 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 inconsitcncy 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.
20.162.0"0320 Bonds.
Mitigation required pursuant to a development proposal must be completed prior to the City's granting
of final approval of the development proposal. If the applicant demonstrates that seasonal
requirements or other circumstances beyond its control prevent completion of the mitigation prior to
final approval, the City may permit the applicant to post a performance bond or other security
instrument in a form and amount deemed acceptable by the Director, which guarantees that all
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required mitigation measures will be completed no later than the time established by the department in
accordance with this chapter.
(1) All bonds and acceptable securities guaranteeing compliance with this chapter shall be set in the
amount of 150 percent of the averagc expected value of the project. The value of theproiect and
subsequent bond shall be based on the engineer's estimate, subject to the City's approval, of the subject
work. If thc applicant and dircctor do not agrcc to thc cnginccr's cstimatc, then the bond shall be based
on thc average of thrcc 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 performance surety or bonds shall be reviewed and approved by the city attorney
and recorded upon execution. The performance 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.
4. Monitoring Bonds. For projects that require ongoing monitoring in accordance with this chapter.
applicants shall provide a maintenance/monitoring bond or other security instrument in a form and
amount determined sufficient by the Department to guarantee satisfactory workmanship. materials.
and performance of structures and improvements allowed or required by this Title for a period up to ten
(10) years. unless otherwise specified. The duration of maintenance/monitoring obligations, including
financial guarantees, shall be established by the Director after consideration of the nature of the
proposed mitigation and likelihood and expense of correcting mitigation failures.
20.162.990342 Notice to title.
The director shall require an applicant to file a "Ceritical Aarea and Bbuffer NRotice to Ttitle" on a form
approved by the Ceity with the Kitsap County Aauditor 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, Unit Lot Subdivision, or final plat is recorded. This notice shall serve as an official notice to
subsequent landowners that the land ewne landowner is responsible for complying with existing
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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.
20.162.0320364 Exemptions.
(1) An exemption means that an activity is fully exempt from critical areas review and not subject to the
provisions of this chapter. An exemption from this chapter is not an endorsement to degrade a critical
area; ignore risk from natural hazards; or otherwise limit the ability of the director to identify and abate
such actions that may cause degradation to a critical area. All exempted activities shall use best
management practices to the greatest possible extent to avoid potential impacts to critical areas. Any
incidental damage to, or alteration of, a critical area or its buffer that is not a necessary and unavoidable
outcome of the exempted activity shall be mitigated through restoration, rehabilitation and/or
replacement at the responsible party's expense.
(2) The proponent of the activity shall submit a written request for exemption to the director that
describes the activity and states the exemption listed in this section that applies. The director shall
review the request to verify that it complies with this chapter and approve or deny the exemption as a
Type I administrative determination pursuant to Chapter 20.22 POMC.
(3) The following land use, development, building activities, and associated uses shall be exempt:
(a) Emergencies. Emergency activities are those activities necessary to prevent an immediate threat
to public health, safety, or welfare, or that pose an immediate risk of damage to property and that
require remedial or preventative action in a short time frame. The person or agency undertaking
such action shall notify the city and the director shall determine if the action taken is within the
scope of the emergency action allowed in this section. After the emergency, the person or agency
shall fully restore and/or mitigate any impacts to the critical areas and buffers resulting from the
action in accordance with an approved critical area report and mitigation plan.
(b) Operation Maintenance or Repair. Operation maintenance or repair of existing structures not
requiring permits or city approval, only if the activity does not further alter or increase the impact to
critical areas or their buffers.
(c) Passive Outdoor Activities. Recreation, education, and scientific research activities that do not
degrade the critical area.
(d) Forest Practices. Forest practices regulated and conducted in accordance with the provisions of
Chapter 76.09 RCW and forest practices regulations, WAC Title 222. When a proposed forest activity
has been classified as a Class IV forest practice for a conversion of forest land to another use, or
when a forest activity requiring a forest practices application is located within the city's urban
growth aTeacorporate limits, it shall be subject to the regulations and provisions of this chapter.
(e) Existing Infrastructure Maintenance and Repair. Maintenance, operation. or replacement of
legally existing roads, utilities, infrastructure, and associated facilitics. structures: provided that
reconstruction of any such structures does not extend outside of any designated easement or right -
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of -way. Any existing infrastructure maintenance or repair that expands outside of the existing
improved area is subject to the mitigation sequencing requirements of this chapter.
(f) Activities within an opened or improved Right -of -Way. Construction of new utility facilities,
improvements, or upgrades to existing utility facilities that take place within existing improved
rights -of -way or existing impervious surfaces that do not increase the amount of pollution
generating impervious surface.
(g) Activities within an improved City Park. Construction of new utility facilities, improvements. or
upgrades to existing utility facilities that take place within existing parksimprovcd rights of way or
existinz substantially dcvclocd areas that do not increase the amount of pollution -generating
impervious surface or substantially developed areas.
(h) Activities within substantially developed public school facilities and grounds.
LW Critical areas shown on thc facc of a rccordcd plot, provided that the recordcd buffcr is not
fj- Maintenance of an existing golf course provided that work is not performed to expand the
course. driving range boundary, or substantially developed areas
j): Normal maintenance, and reconstruction of legally permitted structures: provided. that
reconstruction may not extend beyond existing footprint.
(k)- Noxious and Invasive species removal and maintenance, provided the following apply:
i) Undertaken by manual methods. including handheld mechanical tools and integrated pest
management practices:
(ii) Vegetation removed appears on the current Washington State Noxious Weed Control Board
list and must be handled and disposed of in accordance with the best management practices
appropriate for that species and approved by the City:
iii) Noxious and invasive vegetation removal and maintenance is limited to wetland buffers and
riparian management zones only:
(iv) An approved supplemental planting plan shall be implemented upon completion of any
vegetation removal and shall be monitored according to the monitoring requirements outlined in
this Chapter.
I) Removal of hazardous tree(s) can be completed under the following conditions:
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(i) Requires a qualified arborist or forester to evaluate the tree(s) and submit a request for
hazardous tree removal:
(ii) The request includes removal methods to avoid and minimize damage to adjacent trees and
other vegetation;
(ivii) The request adequately demonstrates no adverse impacts will occur to the critical area or
associated buffer and/or riparian management zone.
20.162.0340386 Exceptions.
An exception means that an activity is subject to the provisions of this chapter and must undergo full
critical areas review but may receive special consideration and relief from certain provisions of this
chapter. Exceptions applications must address mitigation sequencing. The following are identified
exceptions to the provisions of this chapter:
(1) Public Agencies. Public agencies may make an application for exception to the director for
construction of items such as new roads, utilities, infrastructure, buildings, and associated facilities. The
application shall include critical area identification; a critical area report, including a mitigation plan if
necessary; and any other related project documents such as environmental documents pursuant to
SEPA, Chapter 43.21C RCW. The decision whether to grant the public agency utility exception from
provisions of this chapter shall be processed as a Type 41411 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;
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(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.
20.162.98604088 Critical areas vVariances.
(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 d IX of this chapter regarding
critical areas reports and habitat plans, as applicable to the proposed activity or use.
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(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.
20.162.9380;429 Nonconforming — Existing structures.
(RExisting development within a property that contains 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 lone as all of the following provisions
are met:
(a) The property owner shall adequately demonstrate that the remodel or reconstruction shall not
increase existing nonconforming uses and/or structures, and introduce any new. or expand existing.
impacts to a critical area unless such impacts are fully mitigated as required under POMC
20.162.026; and
(b) All other standards and requirements contained in the Port Orchard Municipal Code are met.
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(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.
20.162.9400442 Enforcement — Violation — Penalty.
(1) Enforcement — Violation.
(a) No "^^activities, uses, and development y under this chapter shall be conducted without a
permit or written approval as required herein and without full compliance with this chapter. All
activities, uses, or development not allowed or conditionally approved as provided in this chapter
shall be prohibited.
(b) Any person, party, firm. corporation. or other legal entity convicted of violating any of the
provisions of this chapter shall be subject to enforcement consistent with the provisions of Chapter
2.64 POMC. Any activities, uses, and development carried out contrary to the provisions of this
chapter shall constitute a public nuisance and may be enjoined as provided in the POMC or by the
statutes of the state of Washington. The City may levy civil penalties against any person, party, firm,
corporation, or other legal entity for violation of any of the provisions of this chapter. consistent
with Chapter 2.64 POMC.
(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, notices of
violation, civil infractions, stop work orders, and/or civil and criminal actions as provided for in Title
20 POMC and Chapter 2.64 POMC herein, provided the code enforcement officer is delegated
authority for enforcement authority alas provided for in Chapter 2.64 POMC.
(c) In the event of violation, the city shall have the authority to order and establish a scope and
rcasonablc for restoration, enhancement, or creation measures to compensate for the
destroyed or degraded critical area. Where noticed by the director or designee. Aall activities, uses
or developmentk shall remain stopped until notice authorizing work to commence is issued by
the director. The director is authorized to require remediation necessary to remediate the
violations, including but not limited to the preparation and submission a restoration plan is the
a plicable special reports. as defined in Article VIII and required by the department. apreparcd at
the expense of the owner or violator and reviewed 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 his
or her sole discretion and ,—at the owner or violator's expense, seek a third -party review and expert
advice in determining the adequacy of the plan. Inadequate plans shall be returned to the owner or
violator for revision and resubmittal, at the owner or violator's expense. If work is not completed +on
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athereasonablc timeline established by the City following the order, the city may take further
enforcement actions as set out in this Title. implcmcnt a process to restore or nhance the affected
sitc. This includes crcation of ncw wetlands or streams to offsct loss as a rcsult of violation of the
(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 Title and Chapter 2.64 POMCa-nd/or
Chapter 2.64 POMC.
(3) Penalties.
(a) In addition to the penalties set forth in this Title and in Chapter 2.64 POMC. Aany 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.
20.162.040464 Liability.
(1) The Ceity 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 Ceity, in a form
acceptable to the city attorney, releasing and indemnifying the Ceity 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.
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(2) In addition to all other applicable requirements of the POMC. 4the Ceity may also require the
applicant to obtain insurance coverage for damage to eCity or private property and/or eCity liability
related to any such development activity.
Article II. Definitions
20.162.0440486 Definitions —;.
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.
"Activities." For the purposes of the critical areas ordinance. "activities" is defined to include land
disturbing activities, ...
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
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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 WDFW Policy 4802.See the current
WDFW Priority Habitats and Species list for Kitsap County for all listed and candidate species.
"City" means the eCity of Port Orchard.
"City Ceouncil" means the city council of the Csity of Port Orchard.
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"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, identified by a certified arborist 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" means the subdivision or platting of land, a use consisting of the construction.
reconstruction or exterior alteration of structures, or the construction or reconstruction of residential,
commercial. industrial, public, or any other building, building space. or land.
"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 eCity of Port
Orchard to carry out a development proposal.
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"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.
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"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 non -wetland 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 Kit op CountyCity of Port Orchard 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
"Geologist" means a person who is licensed in the state of Washington and meets all experience and
training requirements in accordance with Chapter 308-15 WAC, as now or hereafter amended.
"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,
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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 scicnceBachelor 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 1:3 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 fractional part of legally 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. For purposes of this code. adjoining lots under common ownership. which were created
without subdivision or short subdivision approval from applicable city or county governments, shall be
considered as one lot and subject to the regulations contained herein. The terms of this section shall
apply regardless of whether the individual adjoining lot meets current zoning requirements."' ^+;s
a mcasurcd parcel of land having fixcd boundarics and dcsignatcd 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 arc not meant or used
for building purposes.
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"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 codcUnified Development Code;
(4) Development requiring conditional use or special use permits required under the C€ity of Port
Orchard Unified Development Code zoning codc;
(5) Planned residential developments authorized under the €City of Port Orchard Unified Development
Code ode;
(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 C€ity of Port Orchard
zoning deUnified Development 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;
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(6) Operation and maintenance of any system of dikes, ditches, drains, or other facilities which legally
existed prior to the date of adoption of the critical areas ordinance, and which were created, developed,
or utilized primarily as a part of an agricultural drainage or diking system;
(7) Development authorized by POMC 20.162.032, Exemptions, and/or by POMC 20.162.038,
Nonconforming — Existing structures.
"Mitigation" means avoiding, minimizing or compensating for adverse critical area impacts. Mitigation
includes the following specific categories:
(1) Mitigation, compensatory: replacing project -induced critical area losses or impacts, including, but not
limited to, restoration, creation, or enhancement.
(2) Mitigation, creation: mitigation performed to intentionally establish a critical area (e.g., wetland) at a
site where it does not currently exist.
(3) Mitigation, enhancement: mitigation performed to improve the condition of existing degraded
critical areas (e.g., wetlands) so that the functions they provide are of a higher quality.
(4) Mitigation, restoration: mitigation performed to reestablish a critical area (e.g., wetland), or its
functional characteristics and processes, which have been lost by alterations, activities or catastrophic
events within an area which no longer meets the definition of a critical area.
All mitigation shall be consistent with Article XII of this chapterPOMC 20.162.026.
"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 eCity of Port Orchard zoning codcUnified
Development 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.'� 20.162.036, Exemptions.
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"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.
"Park" means a site designed or developed for recreational use by the public, including but not limited
to: indoor facilities, such as gymnasiums, swimming pools, or activity centers; and outdoor facilities,
such as playfields, swimming pools, courts, playgrounds, fishing and boating access areas, or picnicking
and other group activity areas. and areas and trails for hikers. equestrians, or bicyclists. Also see POMC
20.39.315 and 20.39.340.
"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 Cc-ity 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.
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"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.
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"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
POMC2O.20.162.038 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.
"Right-of-way" or "ROW" means a strip of land platted. dedicated, condemned or established by
prescription, or otherwise legally established, for the use of pedestrians, vehicles or utilities.
"Riparian arca" mcans an arca that includcs thc land which supports riparian vcgctation and may
include some upland, depending on ter nd + ons "Riparian management zone" means the designated
buffer area contiguous or adjacent to a stream that is required for the continued maintenance, function.
and structural stability of the stream. Functions of the buffer include shading, uptake of nutrients.
stabilization of banks. protection from intrusion. large wood delivery, pollution removal, or maintenance
of wildlife. These generally occur adjacent to water bodies where specific measures are needed to
protect fish and wildlife habitat needs and watershed functions.
"Salmonid" means a member of the fish family Salmonidae. This family includes chinook, coho, chum,
sockeye and pink salmon; rainbow, steelhead, cutthroat, brook and brown trout; and Dolly Varden char,
kokanee, and whitefish.
"Sensitive species (state listed)" means a species, native to the state of Washington, that is vulnerable or
declining and is likely to become endangered or threatened in a significant portion of its range within
the state without cooperative management or the removal of threats. Sensitive species are legally
designated in WAC 232-12-011.
"Single-family dwelling" means a building or structure which is intended or designed to be used, rented,
leased, let or hired out to be occupied for living purposes by one family and including accessory
structures and improvements.
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"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 c -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
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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.
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"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.
Article Ill. Wetlands
20.162.046050 Wetlands — Purpose.
This article applies to all regulated uses within or adjacent to areas designated as wetlands, as
categorized below. The intent of this article is to:
(1) Achieve no net loss and increase the quality and function of wetland acreage, functions and values
within the city.
(2) Provide mitigation measures where necessary, as conditions of permits, that have a reasonable
expectation of success.
(3) Protect t4evalued public expenditures resources that could arise from improper wetland uses and
activities;
(5) Preserve natural flood control, stormwater storage and drainage orstream swetland hydrology
patterns; and
(6) Prevent turbidity and pollution of wetlands, and fish or shellfish bearing waters to maintain the
wildlife habitat.
20.162.0520 Determination of wetland boundaries.
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1) The determination of the wetland edge or boundary shall be done in accordance with the delineation
methodology specified in the approved federal wetland delineation manual and applicable regional
supplements. All areas within the city meeting the wetland designation criteria as determined by that
procedure are designated as critical areas and are subject to the provisions and regulations of this
chapter. Wetland delineations are valid for five years.
2) The applicant shall be responsible for hiring a qualified wetland specialist to determine the wetland
boundaries through a field survey. This specialist shall stake or flag the wetland boundary. For all new
development, as required by the department, this line shall be surveyed by a professional land surveyor
licensed in the state of Washington. The regulated wetland boundary and regulated wetland buffer shall
be identified on all grading, landscaping, site. on -site septic system designs (BSAs). utility or other
development plans submitted in support of the project.
3) Where the applicant has provided a delineation of a wetland boundary. the department or its
consultant may verify the wetland boundary at the cost of the applicant and may request that
adjustments to the boundary be made by a wetland specialist. (Ord. 019-17 § 18 (Exh. 1)).
20.162.0542 Wetland categories.
-2-)-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).
20.162.9690564 Exempt wetlands.
(1) All wetlands within the Ccity meeting the definition in POMC 20.162.0486 are regulated. The
following wetlands may be exempt from the requirement to avoid i ^ar*avoidance and minimization
requirements of mitigation sequencing, and they may be filled if the impacts are fully mitigated based
on the requirements of this chapter. If available, impacts should be mitigated through the purchase of
credits from an in -lieu fee program or mitigation bank, consistent with the terms and conditions of the
program or bank.
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The following wetlands meeting the criteria defined below may be exempt from the standard wetland
buffer requirements defined in this chapter. A building or impervious surface setback of 15 feet is
required from the edge of any wetland meeting the criteria defined below.
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 -Version 2 (Ecology Publication No. 23-06-
0092014 Update (Ecology Publication No. ,1 O6 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.
20.162.058.2 Wetland d9evelopment 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 20.162.036. 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. Where required and
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conditioned as part of permit approval, the City may require Tthose buffer areas that do not contain a
well -vegetated native plant community &Iaft-to be enhanced. Exccpt through ^x^mption, ^xccption or
variance, buffcrs shall remain undisturbed natural vcgctation areas except whcrc thc buffer can bc
enhanced to improve its functional attributes. Any buffer enhancement and/or limited view clearing
activity must bc reviewed and approved by the department. No refuse shall bc placed in the buffer.
(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 Washington2014 Update -Version 2 (Ecology
Publication No. 23-06-009 or as amended: 2014 Update (i accordance with Department f Ecology
Publication Ne 14 06 029).)j
(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.
j) 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
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ra hle 1—etlae.d Buffer Reeuirements IfT-,hle 7
Table \V
Is Implemented and a Wildlife Corridor Is Provided
Buffer (gin feet) based habitat
score
width on
Wetland Category
Score 4 — '1
SAS
4$5
Scar 7
5
Score
CategoryT
Based on total score
7-5
5
r�tege y k
Bogs and wetlands .,f high conservation
390
3
value
Category 1:
Coastal lagoons
3-59 465
27-5
Catcgory
Interda-.I
rrc�-ar=rm
-
2-25
Category I•
Ce
--vT-c^�cccr
Forested
7-S 5 5
2=2-5
Category 1I. 150 (buffer width not based on habit -.t scores)
Estuarine
Category II: 7-5 105
Raced on
Category II: 440 43
InterduRAI wetlands
Category IT
Estuarine
110 (buffer width not based on habitat scores)
Category Ill (a!!)
Category IV (all)
49
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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
Score
Score 6— 7
Score S— 9
Buffer width based on
3— 5
special characteristics
Category I:
75
110
225
N A
Based on total score
Category I:
N A
225
190
Bogs and wetlands of high
conservation value
Category I:
N A
150
Estuarine and wetlands in
coastal lagoons
Category I:
W
225
N A
Interdunal
Category I:
75
110
225
N A
Forested
Category II:
75
110
225
N A
Based on score
Category II:
W
110
110
Interdunal wetlands
Category II:
WA
110
Estuarine and wetlands in
coastal lagoons
Category III (all)
60 110 225 N/A
Category lV (all)
40
Table 2— Required Measures to Minimize Impacts to Wetlands
Disturbance Required Measures to Minimize Impacts
Lights • Direct lights away from wetland
Noise • Locate activity that generates noise away from wetland
11108823.1 - 366922 - 0001
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Table 2— Required Measures to Minimize Impacts to Wetlands
Disturbance
Required Measures to Minimize Impacts
• 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
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 o -, Wildlife Corridor is Net Provided
Buffer width (in feet) base.- on habitat score
Wetland Category Score 2 —'1 Scorc 6 $6orc-6-7 Score -8-9
Category T 399 X49 228 3-99
D-,scd on total score
Category - : 22-59 JW
Begs and wetlands of high conservation
value
Category I: 2299 222.9 309
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Table 3—Wctlan.J ❑uuffcr Rcg nts If T-,hlc 2
Is Not Implcmcn+.,.J o a Wilrllifc Corridor Is Not Provided
Buffer width (gin feet) based on habitat score
Wetland Category A G 7 SScorc 8— 9
Ssere 3� S�5 Sser�T
Coastal lagoons
r�tcgtery T 4w
Intcrdunal
CategoryT 309 1-40 2-2-0 309
Forested
�d
CategoryT 200 (buffer ,.,id+h not based on habit-,+ scores)
Estuarine
Category II. 4-00 4740 220 309
Based on score
Category X59 22-0 X00
r,+., r.Ju.,-,I , ,.+lands
Category T 150 (buffer width not h-,scd on habitat scores)
Estuarine
Category Ill (all) -140 0 8
Category IV (all) r�
Table 3 — Wetland Buffer Requirements If Table 2
Is Not Implemented or a Wildlife Corridor Is Not Provided
Buffer width (in feet) based on habitat score
Wetland Category
Score
Score6-7
Score8-9
Buffer width based on special
3-5
characteristics
Category I:
100
150
300
N A
Based on total score
Category I:
300
250
Bogs and wetlands of high
conservation value
Category I:
N A
200
Estuarine and wetlands in
coastal lagoons
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Table 3 — Wetland Buffer Requirements If Table 2
Is Not Implemented or a Wildlife Corridor Is Not Provided
Buffer width (in feet) based on habitat score
Wetland Category
Score
Score 6-7
Score 8-9
Buffer width based on special
3— 5
characteristics
Category I:
N A
300
N A
Interdunal
Category I:
100
150
300
N A
Forested
Category II:
100
150
300
N A
Based on score
Category II:
N A
150
Interdunal wetlands
Category II:
Estuarine and wetlands in
N A
150
coastal lagoons
Category III (all)
80 I
300
N A
Category IV (all)
50
WA
(6§) Wetland Buffer Alterations
A quantitative alteration, in which the boundaries of the wetland buffer area are altered, can occur
through buffer averaging or through a buffer reduction. Buffer averaging shall not be used in
conjunction with a buffer reduction.
The buffers defined in Table 1 are considered an administrative buffer reduction and 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.
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Prior to approval of buffer averaging, a critical areas report for wetland(s) meeting the requirements in
this chapter must be submitted and reviewed for consistency with the requirements of this Chapter.
Averaging of buffer widths may be allowed where the applicant demonstrates the following:
(i) The buffer is increased adjacent to higher functioning areas of or more sensitive portions of the
wetland and decreased adjacent to the lower function or less sensitive portions; and
(ii) Averaging is necessary to avoid an extraordinary hardship to the applicant caused by
circumstances peculiar to the property and the applicant has demonstrated all avoidance and
minimization measures have been considered.
(b) Wetland Buffer Reduction. Buffer width reductions shall be considered on a case -by -case basis when
an applicant demonstrates to the department that the mitigation measures outlined in Table 2 are
not applicable to utilize the reduced buffer widths defined in Table 1 and the proposed reduction
would not adversely affect the wetland in question. A buffer reduction may not be reduced to less
than 75 percent of the standard buffer width.
Decision Criteria. Prior to approval. an applicant shall demonstrate that a buffer reduction proposal
meets all of the decision criteria listed below.
i) Demonstrate all avoidance and minimization efforts have been considered for compliance with
POMC 20.162.024:
(ii) It will not adversely impact the wetland(s) in question:
(iii) It will not lead to adverse water quality protection, unstable earth conditions, or create an
erosion hazard:
(iv) As part of the buffer reduction request, an applicant shall submit a buffer enhancement plan
consistent with Article VIII of this Chapter.
(7b) 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
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(8-7) 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.
(98) 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 16203003220.162.034, Notice to title.
20.162.0-5606068 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.
•
•-
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-2(1) Agricultural Restrictions. In all development proposals which would permit introduction of
agricultural uses, damage to regulated wetlands shall be avoided. Wetlands shall be avoided by one of
the following methods:
(a) Implementation of a farm conservation plan agreed upon by the conservation district and the
applicant to protect and enhance the water quality of the wetland; and/or
(b) Fencing located not closer than the outer buffer edge.
-4j2) Land Divisions and Land Use Permits. All proposed divisions of land and land uses (including but not
limited to the following: boundary or lot line adjustments, short plats, large lot subdivisions, master
planned resorts, planned residential developments, conditional use permits, site plan reviews, binding
site plans) which include regulated wetlands shall comply with the following procedures and
development standards:
(a) Regulated wetlands, except the area with permanent open water, and wetland buffers may be
included in the calculation of minimum lot area for proposed lots; provided, that other standards,
including subsection (§3)(c) of this section, are met.
(b) Land division approvals shall be conditioned to require that regulated wetlands and regulated
wetland buffers be dedicated as open space tracts, or an easement or covenant encumbering the
Lot with the wetland and wetland buffer. Such dedication, easement or covenant shall be recorded
together with the land division and represented on the final plat, short plat or binding site plan, and
title.
sirerI' .. y ,!y.ia.
ir-
(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
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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.
(53) 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.
(-GA wetland hydrology monitoring plan prepared by a qualified wetland specialist 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 City 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.
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(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, such as loose gravel or
bark chip, and are 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:
(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) There are no other practicable or reasonable alternatives available and construction
epee sThe applicant sufficiently demonstrates the mitigation sequencing requirements efdefined in
this sectie+nChapter show all avoidance and minimization measures have been considered. Joint use
of the sewer utility corridor by other utilities may be allowed. Special use review according to the
requirements of this chapter will be required when such activities occur in wetland buffers.
(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.
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(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.
(b) Wctland mitigation plan; and
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-- -- -- ---- -- -- - --- - - - -- - - -- - -
20
(1) Mitigation Sequence. Projects permitted under this article will be reviewed in accordance with the
mitigation sequencing requirement in POMC 20.162.10402420.162404026.
(2) Mitigation Plan Requirements. Any applicant required to perform compensatory wetland mitigation
as a condition of approval for a development project or under an enforcement action shall submit a
wetlands mitigation plan to the department in accordance with POMC 20.1 62.096 and
20.' x04.20.162.028 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
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Table 4 — Wetland Replacement Ratios
Category and Type of Restoration or Rehabilitation Enhancement Only
Impact Wetland Creation
Bog, natural heritage
site
Category I:
6:1
12:1
24:1
Mature forested
Category I:
4:1
8:1
16:1
(All others)
Category II
3:1
6:1
12:1
Category III
2:1
4:1
8:1
Category IV
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.
{§ 5) Type and Location of Mitigation.
A plicants 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
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mitigation banking and in -lieu fee mitigation. Permittee-responsible mitigation is an approach where
the applicant retains full responsibility to successfully compensate for unavoidable impacts. The order
of preference for the type of mitigation approaches is a programmatic approach followed by a
permittee-responsible approach.
(a) Wetland Mitigation Banks. Credits from a wetland mitigation bank may be approved for use as
compensation for unavoidable impacts to wetlands when:
(i) The bank is certified under state and/or federal rule:
(ii) The director determines that the wetland mitigation bank provides appropriate compensation
for the authorized impacts:
(iii) The proposed use of credits shall be consistent with the terms and conditions of the mitigation
bank's certification:
(iv) Replacement ratios for project using bank credits shall be consistent with the replacement ratios
specified in the mitigation bank's certification: and
(v) Credits from a certified wetland mitigation bank may be used to compensate for impacts located
within the service area specified in the wetland bank's certification. In some cases, the service area
of the bank may include portions of more than adjacent drainage basin for specific wetland
functions.
(b) In -Lieu Fee. Credits from an approved in -lieu fee program may be used when all of the following
apply:
(i) The approval authority determines that the use of the program would provide environmentally
arDiDroDriate compensation for the proposed impacts;
(ii) The proposed use of credits is consistent with the terms and conditions of the approved in -lieu
fee program instrument:
(iii) Projects using in -lieu fee credits shall have debits associated with the proposed impacts
calculated by the applicant's qualified specialist using the credit assessment method specified in the
a proved instrument of the in -lieu fee program: and
(iv) 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. 09-06-321. or as amended.
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(d) Alternative Mitigation. The department may approve an alternative mitigation plan based on
best available science and if is demonstrated that a high level of ecological function would result
from an in -kind and on -site or in -kind and off -site compensatory wetland mitigation approach.
Alternative mitigation proposals shall use the guidance in the Department of Ecology's Wetland
Mitigation in Washington State — Part 2: Developing Mitigation Plans — Version 1 (Ecology
Publication No. 06-06-011b), or as revised.
(e) Innovative Mitigation. The Director may approve innovative mitigation projects that are based on
best available science including but not limited to activities such as advance mitigation and
preferred environmental alternatives. Innovative mitigation proposals must offer an equivalent or
better level of protection of critical area functions and values than would be provided by the strict
application of this chapter. Such mitigation proposals must demonstrate special consideration for
conservation and protection measures for anadromous fisheries. The Director shall consider the
following for approval of an innovative mitigation proposal:
i). Creation or enhancement of a larger system of natural areas and open space is preferable to the
preservation of many individual habitat areas:
(ii). The applicant demonstrates that long-term protection and management of the habitat area will
be provided;
(iii). There is clear potential for success of the proposed mitigation at the proposed mitigation site:
(iv). Mitigation according to POMC 20.162.062 5(a) through 5(d) is not feasible due to site
constraints such as parcel size. stream type. wetland category, or excessive costs:
(v). A wetland of a different type is justified based on regional needs or functions and values:
vi). The replacement ratios are not reduced or eliminated: unless the reduction results in a
preferred environmental alternative; and
(vii). Public entity cooperative preservation agreements such as conservation easements are
applied.
L6) 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.
20.162.A640642 Incentives for wetlands protection.
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The eCity of Port Orchard recognizes that property owners wish to gain economic benefits from their
land. The Ceity 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)).
Article IV. Fish and Wildlife Habitat Conservation Areas
20.162.0680664 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
20.162.07006620.162.068. 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.
20.162.07-90686 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 Fes, Np , Ns}4and 5 waters as set forth in the
DNR water rating system- as defined in WAC 222-16-030 (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.
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{ 3) Habitats recognized by federal or state agencies for federal and/or state listed endangered,
threatened and sensitive species documented in maps or databases available to Kitsap County and
which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long
term.
(++4) Areas targeted for preservation by the federal, state and/or local government which provide fish
and wildlife habitat benefits, such as important waterfowl areas identified by the U.S. Fish and Wildlife
Service.
(+145) Areas that contain priority habitats or priority species.
j) Areas that contain habitats and species of local importance.
{+r7) 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.
20.162.0 07068 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. Potential impacts to fish and
wildlife habitat conservation areas or their buffers shall be appropriately identified and mitigated
consistent with Article XII of this chapter. For all regulated activities proposed on a site which contains
or is within 300 feet of a fish and wildlife habitat conservation area, a habitat management plan
consistent with /article IX of this chapter shall ben red
(1) Buffer and Building Setback Requirements. Buffers „r(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
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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.
21 Riparian Management Zones and Building 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) r from the top of the bank where the OHM cannot
be identified. Buff^rsOHWM), whichever is greater. Riparian management zones shall be retained in
their natural condition.it is acceptable, however, enhanee t,",c except where the buffer by planting
indigenous vegetation, as approved by the d p rtmentcan be enhanced to improve its functional
attributes. Riparian management zones do not apply to those segments of stream that are piped.
a. Alteration of buffer areas may be allowed for water dependent and water related activities subject
to the city's shoreline master program (Chapter 20.164 POMC), and for development authorized by
POMC 20.162.032, Exemptions POMC 20.162.034, Exceptions, POMC 20.162.036, Variances, or
POMC 20.162.038, Nonconforming— Existing structures.
The buffe-rri arian 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 ordinary high water markOHWM or top of
bank shall be defined so as to include the entire stream feature. Refuse shall not be placed in
buffersa riparian management zone.
b. Where a legally established substantial improvement or development transects a riparian
management zone, the director may approve a modification of the minimum required RMZ to the
edge of the substantial improvement or development if the part of the riparian management zone
on the other side of said feature does not provide any buffer functions to protect the fish and
wildlife habitat conservation area in question.
c. An additional building setback of 15 feet is required from the edge of all fish and wildlife habitat
conservation areas.
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 management zone will be whichever width is greater.
3) Riparian Management Zone Interruptions. Where a legally established developed roadway or
permanent substantial improvement transects a critical fish and wildlife habitat conservation area
riparian management zone. the director may approve a modification of the minimum required riparian
management zone to the edge of the roadway or substantial improvement. The permanent substantial
development must serve to eliminate or greatly reduce function of the riparian management zone.
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Table 5
CATEGORY
RIPARIAN MANAGEMENT ZONE WIDTH
STANDARD
Streams
Water Type
F
150 feet
Np
100 feet
Ns
100 feet
Lakes — Less Than 20 Acres (Non -Type 1 Waters of the State)
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Table 5
CATEGORY
RIPARIAN MANAGEMENT ZONE WIDTH
STANDARD
Zoning Designation
Community Facilities
50 feet
Commercial, Mixed
50 feet.
Use
Employment
50 feet
Greenbelt, Residential
35 feet
(Ord. 033-20 § 14; Ord. 019-17 § 18 (Exh. 1)).
{4jBuffer Reductions. Buffer width reductions shall be considered on a case by case basis
when an applicant demonstrates to Specific Riparian Management Zone Development Standards.
Riparian management zones are a critical area and have the department that the proposed
reduction would not adversely affect 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:
-a-(c) It will result in no net loss of the fish and wildlife habitat conservation area or riparian
management zone in question. A buffer reduction may of be reduced to less than 75 percent
of the sard buffer width.
-b-}(d) It will not adversely affect water quality, lead to unstable earth conditions. or create an erosion
hazard;
(e) Meets the exemptions or exception requirements defined under Title I of this Chapter.
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(f) As part of any proposal, an applicant shall submit a buffer enhancement plan consistent with Article
VIII 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) Bridges or bottomless culverts shall be required for all streams which support fish life, unless a
habitat management plan is submitted which demonstrates that other alternatives would not result in
significant impacts to the fish and wildlife habitat conservation area and as determined appropriate
through the Hydraulic Project Approval process administered by the Washington State Department of
Fish and Wildlife:
b) Crossings shall not occur in salmonid spawning areas unless no other feasible crossing site exists. For
new development proposals, if existing crossings are determined to adversely impact salmon spawning
or passage areas. new or upgraded crossings shall be located as determined necessary through
coordination with the Washington Department of Fish and Wildlife:
(c) Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high
water marks unless no other feasible alternative placement exists;
(d) Crossings shall not diminish flood -carrying capacity;
(e) Crossings shall serve multiple properties whenever possible;
(f) Publicly owned or maintained road or street crossing shall provide for other purposes. such as utility
crossing, pedestrian or bicycle easements, viewing points, whenever possible:
g) Where there is no reasonable alternative to providing a conventional culvert, the culvert shall be the
minimum length necessary to accommodate the permitted activity. If located on a stream containing
fish and wildlife habitat per WAC 222-16-030, the culvert shall be designed in accordance with the
Washington Department of Fish and Wildlife's 2013 Water Crossing Guidelines (or as amended).
(6) Stream Relocations. Stream relocations for the purpose of flood protection and/or fisheries
restoration shall only be permitted when adhering to the following minimum performance standards
and when consistent with Washington State Department of Fish and Wildlife's Hydraulic Project
Approval, and any other local, state or federal permits:
(a) The channel, bank and buffer should be replanted with native vegetation that replicates a natural.
undisturbed riparian condition;
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(b) For those shorelands and waters prone to flooding, a professional engineer licensed in the state of
Washington shall provide information demonstrating that the equivalent base flood storage volume and
function will be maintained:
c) Relocated stream channels shall be designed to meet or exceed the functions and values of the
stream to be relocated; and
(d) Relocation proposal shall include an evaluation report addressing potential downstream impacts to
public and private properties. critical areas and listed species; changes to hydroperiod. water quality,
flooding frequency or severity; and any necessary downstream stormwater facility improvements
associated with the relocation.
(7) Incentives for stream restoration. The City of Port Orchard encourages efforts to daylight a piped
segment of a naturally occurring stream to restore historical functions and values those features
provided. In support of daylighting a stream the city recognizes this type of restoration effort will
require a project to establish a stream buffer. The City will allow for a 75 percent buffer reduction of the
a plicable 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 oiect:
(b) Any proposed stream restoration shall prepare a habitat management plan consistent with the
requirements defined in Article VIII of this Chapter:
(c) No Net Loss. An analysis shall be prepared to demonstrate how the proposed stream restoration will
improve riparian habitat and demonstrate how buffer functions of the reduced buffer will provide
functions similar to the standard buffer to ensure no net loss of ecological functions and processes:
(d) Stream bed shall consist of a suitable substrate material consistent with WDFW's guidelines:
(e) The stream buffer shall be planted with an assortment of native vegetation and shall comply with the
applicable mitigation reporting monitoring requirements defined in 20.162.096 and 20.162.056068 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).
20.162.0720 Additional development standards for regulated uses.
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68
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.
{2j) 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, unit lot
subdivisions, master planned resorts. planned residential developments. conditional use permits. site
plan reviews, binding site plans) which include regulated fish and wildlife habitat conservation areas
shall comply with the following procedures and development standards:
(a) Regulated fish and wildlife habitat conservation areas. except the area with permanent open
water, and fish and wildlife habitat conservation area buffers may be included in the calculation of
minimum lot area for proposed lots: provided. that other standards are met.
(b) Land division approvals shall be conditioned to require that regulated fish and wildlife
habitat conservation areas and regulated fish and wildlife habitat conservation area buffers be
dedicated as open space tracts, or an easement or covenant encumbering the resultant Lot(s) 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. unit lot subdivision or binding site plan. and title.
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(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. such as loose gravel
or bark chip, and are 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 their buffers.
a) Construction of new utilities outside the road right-of-way or existing utility corridors may be
permitted in fish and wildlife habitat conservation area or buffers, only when no reasonable alternative
location is available and the utility corridor meets the requirements for installation, replacement of
vegetation and maintenance outlined below, and as required in the filing and approval of applicable
permits and special reports required by this chapter.
(b) Sewer or On -Site Sewage Utility. Construction of sewer lines or on -site sewage systems may be
permitted in regulated fish and wildlife habitat conservation area b„ffersri arian management zones
only when:
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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)
mcctslhe applicant sufficiently demonstrates the mitigation sequencing requirements
efdefined in this s^�.Chapter to show all avoidance and minimization measures have been
considered. Joint use of the sewer utility corridor by other utilities may be allowed.
(iii) New utility corridors shall be aligned, when possible, to avoid cutting trees greater than 12
inches in diameter at breast height (four and one-half feet). measured on the uphill side.
(iv) On -site sewage systems shall be located in the outer 25 percent of the riparian management
zone.
(c) New utility corridors shall not be allowed when the regulated fish and wildlife habitat
conservation area or buffer has known locations of federal or state listed endangered, threatened or
sensitive species, heron rookeries or nesting sites of raptors which are listed as state candidate or state
monitor, except in those circumstances where an approved habitat management plan indicates that
the utility corridor will not significantly impact the fish and wildlife habitat conservation area, buffer,
or species.
(d) New utility corridor construction and maintenance shall protect the regulated fish and wildlife
habitat conservation area and bu#ferri arian 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.
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(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.
Article V. Geologically Hazardous Areas
20.162.0740742 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.'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. a�4
tronsfcrring density to morc citable 3rc3s on +h., . itc.
20.162.0740764 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 (I) 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
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(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.
20.162.0 80786 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 and building codes.
(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.
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(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 and may be waived by the City Engineer. 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 supported through a geological report or a site -specific
determination and designed accordingly.
(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 supported 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 2-90300 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 1 405 r Section 8403 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.
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(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 feet300 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.
(I) 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 Uniform
Building Codc (UBC) Earthquake Dcign Standards for Scimic Risk Zone 3 of Washington State. Building
Code as adopted in POMC 20.200.
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(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 lntcrnational
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)).
Article VI. Frequently Flooded Areas
20.162.0800808 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
Article VII. Critical Aquifer Recharge Areas
20.162.08208280 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:
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(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.
20.162.684084-2 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:
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SCS Soil Name
SCS Soil Map Units
G rove
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 Ogl, Ogla, Ogg and portions of Og3 that are within 300 feet of the ground surface
20.162.0860864 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
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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
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*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
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O. Sand and gravel mining operations
*P. Marina
*If not on a sewer system with a treatment plant.
Article VIII. Special Reports
20.162.088088_6 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:
fl -)-Wetland report/wetland mitigation
(2) Mitigation plan;
3Habitat management plan
(4) Buffer enhancement plan;
(44) Geotechnical report/geological report;
(45) Hydrogeological report.
20.162.09009088 When required.
Special reports shall be submitted by the applicant and approved by the department for regulated uses
when required by the Director. pursuant to this Title, and chaptcr for the protection of a critical area.
20.162.0920920 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.
20.162.0940942 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.
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20.162.0960964 Wetland reportwetland mitigation plzin.
(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 X0300 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);
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(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 Washington State Wetlands Identification
,d Delineation Manual,March 1997, or as amended h r af+ r.a proved 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.
(3) WetIand20.162.0986 Mitigation Report Ilan.
(1) Whenever the department has determined that losses of regulated wetlandscritical areas are
necessary and unavoidable, or a review of a regulated wetlandcritical 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 and for consistency with POMC 20.162.026:
(+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
wetianndcritical area impacts, applying reasonable mitigation measures, such as drainage and erosion
control, alternative site planning, and/or using best available technology. In reviewing development
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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).
(++b) Minimizing impacts by limiting the degree or magnitude of the action and its
implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce
impacts. This may be accomplished by selecting a reasonable alternative that avoids most
,.,critical area impacts, applying reasonable mitigation measures, such as drainage and erosion
control, alternative site planning, and/or using best available technology. In reviewing development
proposals required to submit a wed mitigation plan, the department shall determine if the impact
can be first avoided and secondly minimized. Impacts cannot be avoided or minimized if denial of the
development proposal or parts thereof or mitigation measures would result in an extraordinary
hardship and denial of reasonable use of property.
(+++c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
This may be done by reestablishing ,.,critical area and 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 wetland 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
intentionally creating wetlands and wetland buffers at another location where none currently exist,
improving existing wetlandscritical areas and _wetland buffers at another location, or otherwise
providing a substitute wetlandcritical area resource at another location as compensation for any
unavoidable adverse wetland impacts. Compensating shall be accomplished in accordance with a
mitigation plan, which has been prepared in accordance with the requirements in subsection (3)(d) 4jof
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 wetlanndcritical area
impacts may be waived by the department for development authorized by POMC
20.162.03403620.162.038, Exceptions.
(2) The overall goal of any mitigation plan shall be no net loss of regulated wetlandcritical area
functions and acreage.
(e3) Those persons proposing weld -compensatory mitigation projects shall show that the
compensation project is associated with an activity or development otherwise permitted and that the
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restored, created, or enhanced wetdcritical area will be as persistent as the wctlandfeature 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 mitigation(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
wctlandcritical area shall be produced by the applicant or applicant's consultant and shall include, at a
minimum: existing wdcritical area acreage; critical area functions: vegetative, faunal and hydrologic
characteristics; `oil and substratchabitat conditions; and topographic elevations.
(++b) If the compensation site is off site from the impacted wdcritical area site, baseline
information about it, in addition to the above information about the impacted wetlanndcritical area, shall
be provided by the applicant and shall include all those items listed in subsection (3)(d)(i) of this section
and as well as: the relationship of the compensation site within the watershed and to existing water
bodies; existing and proposed existing compensation site conditions; buffers; and ownership.
(#c) Environmental Goals and Objectives. The report shall identify goals and objectives and
include:
(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 +rat the +yew
^*mod.mitigation site. The goals and objectives shall be related to the functions of the original
wdcritical area or, if out -of -kind, the type of wetlandcritical area to be emulated; and
(9ii) A review of the available literature and/or experience to date in restoring or
creating the type of wctlandhabitat 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 wd, or enhanced critical area shall be provided
based on such factors as: surfacc and groundwater supply and flow pattcrnshabitat conditions;
dynamics of the =wetland ecosystem; scdimcnt or ^"utant influx and/or erosion; periodic
flooding and drought, etc.; presence of invasive flora or fauna; potential human or animal
disturbance; and previous comparable projects, if any.
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(+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 wctlandjIe
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/hydroperiod
characteristics; etcsufficient 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.
(4f) 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:
(Al) Establishing vegetation plots to track changes in plant species composition and
density over time;
(Bii) Using photo stations to evaluate vegetation community response;
(&iii) Sampling surface and subsurface waters to determine pollutant loading and
changes from the natural variability of background conditions (pH, nutrients, heavy
metals);
(-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
(vi) Sampling fish and wildlife populations to determine habitat utilization, species
abundance and diversity. A protocol shall be included outlining how the monitoring data will be
evaluated by agencies that are tracking the progress of the compensation project. A monitoring
report shall be submitted annually and, at a minimum, documenting milestones, successes,
problems, and contingency actions of the compensation project. The compensation project shall
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86
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-i vii) The city shall require monitoring reports on an annual basis for a minimum of
five years. Certain types of habitat communities require additional time for establishment and
may require monitoring for 10 or more years depending on the site -specific circumstances and
the scope of the mitigation project.
jg) 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++ih) 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, in certain conditions the City
may permit bonds ensuring fulfillment of the compensation project, monitoring program, and any
contingency measure &h -fl-to 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, at the discretion of the City.
(f6) 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.
20.162.1000" Habitat management plant.
(1�A habitat management plan is a report shallryto provide an analysis and discussion on the
project's effects on a fish and wildlife habitat conservation area and to address how the d^v;t
impacts from the proposed project impacts to fish and wildlife habitat conservation areas will be
mitigated. The Washington Department of Fish and Wildlife Priority Habitat and Species Management
Recommendations, dated May 1991, or bald eagleprotection rules outlined it W C 232 12 292, as
herca'ftcr a cndc ' mayand supplemental documents are advised to serve as guidance for this
report. The rcco mcndat ^^ inA habitat management plan shall contain, at a minimum, the
Washington Dcpartmcnt of Fish and Wildlifc, Priority Habitat and Spccics Managcmcnt
Recommendations, dated May 1991, shall not serve as mandatory standards or policy of this chapter,
until such time as the Department of Fish and Wildlife holds public hearings on the recommendations
and the State Wildlife Commission endorses the recommendations following the public hearings.
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(i1) The habitat management plan shall contain a detailed site planes 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
{4) 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 and for consistency with POMC 20.162.026.
(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. 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.
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-54) A plan which identifies how the applicant proposes to mitigate any adverse impacts to wildlife
habitats created by the proposed development. (See mitigation plan requirements, Article VIII of this
chapter -)-(-6
C5) 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.
20.162.10200 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 be prepared
by a qualified specialist or biologist and 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.
e —d. Provisions for monitoring and maintenance over the monitoring period. Monitoring shall occur for
a minimum of five years. 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 Droiect.
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20.162.1044 Geotechnical report _contents.
(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.
20.162.O1066 Hydrogeological report R.
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.
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90
(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.
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Article v". "Ai+igation Rcguiremcnt XIII. Attachments
20.162.104 General mitigation requirements.
11108823.1 - 366922 - 0001
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20.'061088 Attachments.
The purpose of the attachments is to provide supporting documentation to assist in the implementation
of this chapter:
(3) Attachment A6— Kitsap County's GIS Database of Critical Areas Information.
(4) Attachment B -D —Site Development Figures.
(5) Attachment C€— Port Orchard Critical Area and Buffer Notice.
(6) Attachment D — Kitsap County Shallow Principal Aquifer Listing.
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95
Attachment AG— 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
Kitsap PUD #1
Aquifer Recharge Areas of Concern
Kitsap PUD #1
Principal Aquifers
Kitsap PUD #1
Permeable Soils, Soil Survey of Kitsap County Area,
Washington
U.S. Department of
Agriculture, Soil
Conservation Service
11108823.1 - 366922 - 0001
KITSAP COUNTY'S GIS DATABASE OF CRITICAL AREAS INFORMATION
CRITICAL AREA* DATA U SOURCE
Fish and Wildlife Notional ` ctlond In cntor Salmonscaoe U State Department of Fish
Habitat Conservation database and Wildlifee
Areas C t f WDFW' P' 't St t D t t f F' h
urren version o s Ilorl y
HHabitats and Species Data hase List and
Maps.
)Lc1L epar men o Is
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 BD — Site Development Figures
1(1,
Percent Slope Caleulalios
e is calculated by dividing ;he vertical dwance
is fwrironrai distance, Then multiplying the
if by 100. Example.'
srti"l P,#Sauce of 2O fcelw 1OO = 2R7, elope
?,alta3 p'ietanrea 1OO feet
EE
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97
$ulldilig
6etback
line
etcrmiricd by
Mope height or
gcOCethnf&Ml
report.
The 23 foot minimum vegelaiedbr er
and bnidding rerbaek fur slapover l0%. 8w/ding
lerbac T are defrrrwied by the slope height or
rnformotion from a geareduriral report.
1 Vivl7+ /hw1 kws r ,eas
11108823.1 - 366922 - 0001
o- P
IV
• J'<-% p
4
if
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99
Attachment C€— 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)
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100
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
91
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Attachment — Kitsap County Shallow Principal Aquifer Listing
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
Ogla
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)).
92
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102
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 with details supporting Staff decision.
Comment Source I Comment Number
I Comment Section I
Section Title I Review Comment I Staff Action
I Action Details
This will identify the source of the comment.
Planning Commission comments should be noted as
"PC -[LAST NAME]" for easy tracking.
This section will identify where the review comment
This will codify how Staff is responding to the
Comment number in sequence as it is
applies to. If the comment is not specific to a
comment, in one of the following manners:
This will be copied from the comment This section will provide additional details following the
Comments from public providing names should be presented in the draft CAO update.
particular section, it will be marked as "general" or
CAO Section Title
received from the source.
applicable staff action:
N/A
(feel free to copy and paste from this section for
noted as "PUBLIC -[LAST NAME]"
formatting consistency)
Comments from agencies/companies/groups should
be named accordingly. Please see name key below.
Identify where in the section the comment will be incorporated.
Comment accepted and incorporated into the revis
Identify any text revisions to the comment as it is incorporated
draft element.
into the element
Identify the necessary next steps to determine feasibility of
Comment under additional consideration, identify
including the comment in the revised draft. Is there additional
next steps for analysis.
analysis necessary? Identify if the comment would be more
applicable to another section and/or element.
Comment will not be incorporated into the revise
Identify why the comment is not being incorporated into the
draft element,
revised draft.
Agency/Company/Group: Key
Waterman Mitigation Group: WMG
103
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
Section Title
Review Comment
Staff Action
Action Details
Source
Number
Application
"every effort" is not intended to suggest trespassing. Clarification was provided to
PC -Wright
1
20.162.022(6)
Requirements -
What is the intention of this? "every effort" is poorly or not defined. Trespassing on another property is not legal
Comment accepted and incorporated into the revised draft element.
Idescribe that "every effort" is intended to visual assessments from public areas and using
General
even to obtain CAD data. Even flying a drone over another property is not legal without distinct permission.
remote databases to obtain the necessary information to prepare the applicable
documentation.
This section outline the steps a project needs to demonstrate compliance with the
Application
By what technical method will the Department use to make this determination? The City does not have a Natural
mitigation sequencing requirements. Per code, any compensatory mitigation is required
Resource Scientist on staff. This can become an arbitrary decision without proper skills and training. One option - I
to prepare a mitigation plan that meets the requirements defined in the CAO. These
PC -Wright
2
20.162.024.1(f)
Requirements -
recommend - to consider here is to make the applicant provide the data demonstrating that all the mitigation
Comment will not be incorporated into the revised draft element,
requirements include performance standards which requires supporting data to
Mitigation
goals and objectives and performance standards have been met and that the City will consult with an independent
demonstrate an action is meeting objectives. The intent of including this language is to
Sequencing
expert if deemed necessary to find the mitigation a success.
provide clarification of a minimum monitoring schedule and to give the City an
opportunity to require additional monitoring if needed.
PC -Wright
3
20.162.026.1(c)
General Mitigation
Spell Check: systems
Comment accepted and incorporated into the revised draft element.
Updated.
Requirements
PC -Wright
4
20.162.026.1(d)
General Mitigation
I suggest handling violations in a separate manner. They will always have different legal demands.
Comment accepted and incorporated into the revised draft element.
"violation" was removed and Section 20.162.042(c) was revised to provide clarity
Requirements
regarding the preparation of any required special reports
PC -Wright
5
20.162.026.6(b)
General Mitigation
What does "formally" mean? Does the City have a defined process for formally identifying out -of -kind mitigation
Comment accepted and incorporated into the revised draft element.
Removed "formally" so it does not imply that the City has adopted or identified specific
Requirements
options?
watershed goals.
PC -Wright
6
20.162.026.7(c)
General Mitigation
See previous comment. Has the City made or defined these parameters? If not, this can be a pitfall.
Comment under additional consideration, identify next steps for analysis.
If the City does not have established watershed goals than an applicant would be required
Requirements
to have off -site mitigation within the same sub -basin.
This sub -section is intended to be general. If we would to name a specific bank that would
PC -Wright
7
20.162.026.8
General Mitigation
It would be MOST helpful here if we define any approved Mitigation Banks for the Port Orchard region by the COE
mment will not be incorporated into the revised draft element.
be similar to stating specific off -site mitigation opportunities. An applicant has specific
Requirements
and Ecology.
requirements that need to be 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
This language is intended to provide general mitigation requirements. Section 20.162.096
PC -Wright
8
20.162.026.10
General Mitigation
total timing. I suggest an edit that reflects that the mitigation timing will comply with the approved mitigation
mment will not be incorporated into the revised draft element,
provides specific mitigation plan requirements which includes detailed construction plans
Requirements
q
Ian. Small wetland mitigations are easily completed but planting is best delayed to match growing and plant
P g p y P
that shall include construction schedules.
survival conditions. Larger mitigations take several years to complete.
No net loss is a key goal of the CAD. 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
PC -Wright
9
20.162.026.11
General Mitigation
I do not agree. I suggest this phrase be omitted. It is not necessary.
Comment will not be incorporated into the revised draft element.
potential to put the City in a situation where a more favorable concept to better achieve
Requirements
no net loss would not be considered or approved. For example, a degraded wetland may
areas that do not exhibit wetland conditions and restoring/creating wetlands in those area
in addition to enhancement would 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. Also, we
The definition of wetland in 20.162.046 addresses these concerns. These types of
PC -Wright
10
20.162.034
Exemptions
see man-made flooding from time to time that produces a "new" wetland - especially in fields or along roads that
mment will not be incorporated into the revised draft element,
examples are not defined as wetland and therefore should not be included in the
receive uncontrolled or mis-managed drainage. There are many examples of this in PO and South Kitsap County.
exemption section.
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
PC -Wright
11
20.162.034.3(1)
Exemptions
Same comment as above. Unless this action is in a critical area or it's undeveloped buffer, this is exempt. The way
Comment will not be incorporated into the revised draft element.
impacts if not executed correctly. For example, if a large thicket of blackberry is removed
this is written suggests it is not exempt and a lot of paperwork is necessary.
from a critical area buffer and replanting is not successful than that could result in erosion
and water quality issues. Having an appropriate planting and monitoring plan helps
ensure those types of impacts will not occur.
PC -Wright
12
20.162.036.1
Exceptions
RE -Type III: Not sure if this is correct. Please check.
Comment under additional consideration, identify next steps for analysis.
Need to verify with City staff.
PC -Wright
13
20.162.038
Critical Areas
This section is missing an introduction as to what a variance is and how it differs from exemptions and exceptions....
Comment under additional consideration, identify next steps for analysis.
Need to verify with City staff. The current intro is split into two subsections that describe
variance
applicability.
PC -Wright
14
20.162.046
Definitions
I have found that definitions work best when placed as an earlier chapter. The previous stuff would benefit from
Comment under additional consideration, identify next steps for analysis.
Need to discuss with City staff. The location of definitions is consistent with the current
placing definitions up front.
CAO.
VCnt
There does not appear to be a formatting issue. The provided comment is in a track
PC -Wright
15
20.162.044
Definitions
RE - Riparian Management Zone Definition: Formatting
will no orated into the revised dr
changes version which might not look like formatting is correct. The clean version states
"Riparian Management Zone"
104
This language describes that any approved proposal/project would be required to enhance
Wetland
a buffer it is degraded and would not provide the necessary protection. For example, a
PC -Wright
g
16
20.162.056.2
Development
p
This is confusing. Some buffers are degraded by many issues but unless there is a proposal to alter the buffer or
Comment under additional consideration, identify next steps for analysis.
p y
wetland buffer that primarily consists ofgrasses as a result ofpast land use
(pasture area)
wetland, there is no trigger to make these changes/improvements.
Standards
and land use changes with a proposal (high intensity) a grass buffer would not adequately
provide the necessary protection.
Wetland
RE - Table 1: The strike-throughs make this hard to decipher. Am I reading that Cat III wetlands have the same
PC -Wright
17
20.162.056
Development
buffer width requirements as Cat II wetlands??? That is not cool if so. Please check this table - what this one
mment will not be incorporated into the revised draft elemen .
The City utilizes Option 1 in Ecology's recommendations. Per that guidance, buffers based
on habitat function and not categories.
Standards
contains will affect every landowner in PO.
Wetland
PC -Wright
18
20.162.056
Development
RE - Table 2: Same comment as above. This shows Cat II and Cat III wetland having the same buffer.
Comment will not be incorporated into the revised draft element.
The City utilizes Option 1 in Ecology's recommendations. Per that guidance, buffers based
Standards
on habitat function and not categories.
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 revised draft element.
The draft CAO was reorganized to provide a more uniform review process. This section
Requirements
was moved up to the front of the document so that general requirements are all together.
PC -Wright
20
N/A
Determination of
RE - 20.162.060 Deletion: Is this to be deleted. Seems odd to do so.
Comment will not be incorporated into the revised draft element.
This language was moved up to the front of Article III (Wetlands) for constancy.
Wetland Boundaries
This language is consistent with state and federal processes and consistent with BAS which
shows that banking is the preferred approach for compensatory wetland mitigation. This
PC -Wright
21
20.162.060.5
Wetland Mitigation
This is not consistent with previous entries about mitigation banks and in -lieu fees. This needs to be cross checked
Comment under additional consideration, identify next steps for analysis.
section has been drafted to update the CAO to be consistent with current wetland
Requirements
and made understandable 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.
PC -Wright
22
20.162.060.5(a)
Wetland Mitigation
Same comment as above. This is not consistent with previous sections about the same topic.
Comment under additional consideration, identify next steps for analysis.
Same response as above. This language is consistent with current BAS to approach
Requirements
compensatory wetland mitigation.
FWHCA
RE - Table5: Np and Ns streams with a 100 ft buffer may be extreme. You are doubling the previous CAO? What is
PC -Wright
23
20.162.068
Development
the justification? These streams can be intermittent and do not support fish species. This should be discussed and
ment will not be incorporated into the revised draft element.
These updates are based on WDFW's BAS.
Standards
evaluated.
Pretty excessive for an enhancement plan. This could cost the developer/landowner more than the wetland
These types of assessment are common practice when preparing an enhancement plan.
PC -Wright
24
20.162.100
Buffer Enhancement
delineation depending on the details desired by the City. This requirement would be quite punitive for small
ment will not be incorporated into the revised draft element.
An Enhancement plan shall generally include summary of baseline conditions and post -
Plan
wetlands that need minor adjustments to the buffer to make a project fit on a site. I suggest making this a bit more
enhancement conditions to demonstrate that enhancement is occurring.
generic.
WMP
1
20.162.020.2
Admin. - General
This is an important general statement as it supports the important concepts such as buffer width averaging, buffer
Comment accepted and incorporated into the revised draft element.
Noted.
and habitat enhancement proposals, habitat management plans, and innovative mitigation
"every effort" is not intended to suggest trespassing. Clarification was provided to
Application
"Every effort" is difficult standard to ask for as adjacent property owners might not be local and/or might hold
describe that "every effort" is intended to visual assessments from public areas and using
WMP
2
20.162.022.6
Requirements -
Comment accepted and incorporated into the revised draft element.
biases towards the development project and thus not cooperate with data gathering.
remote databases to obtain the necessary information to prepare the applicable
General
documentation.
Onsite mitigation is not necessarily the best way to promote no -net -loss of habitat functions and long-term
This language for general mitigation requirements. Grette agrees with this comment
General Mitigation
regarding wetland and FWHCAs; however, the CAO includes other types of critical areas
WMP
3
20.162.026.3
ecological success. Suggested edit: "When appropriate and when success is likely, otherwise off -site mitigation
Comment under additional consideration, identify next steps for analysis.
Requirements
and/or mitigation credit purchase from a permitted mitigation bank will be encouraged"
where onsite mitigation is preferred. The CAO includes language that provides
opportunities for an applicants to propose off -site mitigation.
General Mitigation
WMP
4
20.162.026.7
Add "or service area of a permitted mitigation bank"
Comment accepted and incorporated into the revised draft element.
Added "or service area of a certified mitigation bank".
Requirements
Remove "adjacent" as the service area could include many drainage basins that might not necessarily be adjacent
General Mitigation
WMP
5
20.162.026.8
to each other but ultimately support the larger system. The unique topography of the Kitsap Peninsula creates the
Comment accepted and incorporated into the revised draft element.
Requirements
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 Fee), Subsection 11 is intended to
This idea deserves further development (perhaps as a separate section of the CAO) in conjunction with other ideas
provide another example to address impacts. This subsection has been updated to include
like buffer enhancements, critical area stewardship plans, integrated/naturalized stormwater systems, adaptive
the term " buffer" to provide more clarity, including an additional subsection to include
General Mitigation
management of critical areas. There should be incentives for applicants and developers to enhance and/or create
WMG's suggestions of including stewardship plans and integrating stormwater systems
WMP
6
20.162.026.11
Comment under additional consideration, identify next steps for analysis.
Requirements
habitats, be they wetlands, buffers, or important upland features. Win -win incentives can attend to ecology and
would need additional consideration. These types of options could introduce conflicts.
economy simultaneously. Local experts and professionals can help with outlining these incentives and creating the
For example, is an engineered stormwater feature is also designed to provide
templates and standards,
compensatory mitigation for permanent wetland impacts that seems 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.
105
Agreed that manual removal limits any incentives; however, this section appears to be
Limiting noxious weed removal to manual methods and handheld tools is extremely limiting and often completely
intended to address exemptions that includes minor activities that view to not result in
WMP
7
20.162.034.4(k)
Exemptions
impractical. This de-incentivizes the removal or management of invasive plants. Perhaps reword: "methods of
Comment under additional consideration, identify next steps for analysis.
adverse impacts. Including mechanical methods under an exemption introduces high level
minimal disturbance whenever possible."
risks of adverse impacts at scale. If a property owner wants to implement 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 this section of code
WMP
8
20.162.054
Exempt Wetlands
Other CAOs from other jurisdictions consider wetlands inadvertently created due to the construction of roads as
Comment will not be incorporated into the revised draft eleme
specifically states "those wetlands within the city meeting the definition in POMC
exempt as well. Agricultural ditches should also be exempt wetlands.
20.162.046". 20.162.054 is defining 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
Noted. This sections provides standards and requirements for all regulated uses and
Wetland
enhancement of our important natural features. The creation and maintenance of CAOs was mandated by the
activities and is not intended to outline standards for property owners to be proactive
WMP
9
20.162.056
Development
Growth Management Act which clearly prioritizes both economic development and ecologic stewardship. Other
Comment under additional consideration, identify next steps for analysis.
with enhancing wetlands or their buffers. Staff should note the comment regarding
Standards
standards. In fact, the CASP, or Critical Area Stewardship Plan, of Jefferson County offers a completely different
plan. I don't believe the city has resources to develop these or is planning to develop
route to land use that can nullify CA development standards if the CASP presented offers the same or greater
these plans in the future.
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
Noted. While Ecology's 2013 report may provide explain buffer widths are one function of
Wetland
qualitative rather than quantitative. Yet the only characteristic other than width mentioned in a meaningful way in
a buffer, Ecology's wetland guidance for CAO wetland updates outlines a predictable and
this section is vegetation. Much effort is given to determine the quality/category of a wetland, but little is given to
WMP
10
20.162.056.3
Development
the quality/category of buffers. Per the above comment, here is the opportunity to marry economy and ecology by
Comment under additional consideration, identify next steps for analysis.
straightforward approach to establishing buffers based on BAS and provides
Standards
offering incentives (more buildable land) for the desired outcome (a higher functioning buffers). Templates for
recommended buffer widths to Protech wetland functions. The city's updates include
such a buffer rating and enhancement system are being developed by local professionals and WMP has discussed
withCA
the buffer recommendations in 2022 guidance. To discuss city staff.
Ecology's
the same concept with WADOE and USACE for our upcoming mitigation bank.
WMP
11
20.162.056.5
Wetland
Development
RE - Buffer averaging shall not be used in conjunction with a buffer reduction: Why?
Comment will not be incorporated into the revised draft eleme
Incorporating both in a proposal presents a double dip situation. Per Ecology's 2022
Standards
guidance, averaging should not be combined with other buffer reductions.
WMP
12
20.162.056.5a )
Wetland
Development
RE: Maximum buffer reduction of up to 25%: Why 25%? This seems like an arbitrarily limiting factor towards
Comment will not be incorporated into the revised draft eleme
Ecology's 2022 guidance utilizes BAS and this guidance recommends this limit.
Standards
improved buffer function.
POMC 20.162.026 requires an applicant to provide mitigation sequencing when a
20.162.024 relates to wetland mitigation and is, again reactive rather than proactive. Avoidance and non -avoidance
proposed alteration to a critical area or modification is proposed. This comment is
Wetland
will both lead to a degraded buffer function if the buffer is already degraded or sub -optimal. If an applicant
associated with buffer alterations. We disagree with the suggestion that a situation where
WMP
13
20.162.056.5(b)
Development
Comment under additional consideration, identify next steps for analysis.
a reduction is unavoidable will lead to a degraded buffer is that buffer is already degraded.
Standards
proposes to improve buffer functions via a Buffer Enhancement Plan, CASP, or similar plan, why add the step of
This section of code also requires an buffer modification to submit a buffer enhancement
avoiding reducing the buffer that is suboptimal?
plan which are intended to improve buffer functions and ensure a project would lead to
further degrading existing buffer functions.
WMP
14
20.162.060.5(a)
Wetland Mitigation
"and/or Federal rule" as some mitigation banks are certified only through USACE
Comment accepted and incorporated into the revised draft element.
Revised.
Requirements
WMP
15
20.162.060.5(e)
Wetland Mitigation
Great addition and one that can be expanded to include buffers and other development standards, such as buffer
Comment accepted and incorporated into the revised draft element.
Noted.
Requirements
widths and setbacks. The BAS supports it and applicants will too.
106
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: October 7, 2025
Prepared by: Nick Bond, AICP, Development
Subject: Co -living Ordinance (HB 1998) Director
Issue: In March 2024, House Bill 1998 defined co -living housing as a residential development composed of
individually rented sleeping units that include private living and sleeping space, while sharing kitchen
facilities among residents. This housing type is intended to offer affordable rental options for moderate- to
low-income individuals without relying on public subsidies. Co -living housing has historically served as an
entry point into the private rental market, particularly for single -person households, seniors, and
individuals seeking a more social or cost-effective alternative to traditional rentals.
The legislation recognizes co -living housing as a potential solution to Washington's housing affordability
crisis. It highlights the housing type's suitability for adaptive reuse of existing buildings, and its potential to
reduce demand for family -sized units and alleviate pressure on subsidized housing. HB 1998 requires
jurisdictions to remove regulatory barriers and enable the development of co -living housing as part of a
broader strategy to expand housing choices.
House Bill 1998 mandates that cities like Port Orchard must permit co -living housing on any lot that allows
at least six multifamily residential units, including those zoned for mixed -use development. Co -living
housing is defined as a residential development consisting of individually rented, lockable sleeping units
that share kitchen facilities.
To facilitate the development of co -living housing, the City cannot impose requirements that exceed state
building code standards for room sizes, unit configurations, or mixed -use components. Additionally, parking
requirements are limited: within a half -mile of a major transit stop, cities may not require off-street
parking, and elsewhere, they may not require more than 0.25 spaces per sleeping unit. The City of Port
Orchard addressed parking requirements in June 2025 with the adoption of the Middle Housing Ordinance
(HB 1110), but additional amendments should be made to create the distinction between dwelling units
and sleeping units. Co -living housing must also be treated equitably in terms of development standards and
review procedures. In Port Orchard's case, this means that co -living is either a permitted use or not,
Conditional Uses will not be required for this type of development.
Importantly, jurisdictions may not count a co -living sleeping unit as more than one -quarter of a dwelling
unit for density calculations, nor more than one-half for sewer connection fees. For instance, the unit
107
density of a lot in the Residential 3 (R3) district is six, resulting in a co -living development in an R3 district
which cannot exceed 24 sleeping units.
In compliance with HB 1998, the City of Port Orchard must adopt amended zoning and development
regulations by ordinance no later than December 31, 2025. If the City does not act by that deadline, the
provisions of HB 1998 will automatically override any conflicting local regulations. Any action taken by the
City to comply with this law is shielded from legal challenge under the Growth Management Act and SEPA.
Staff included a redline version of POMC 20.12 — Definitions, 20.32 — Building Types, 20.39 — Use Provisions,
and 20.124 — Parking and Circulation in tonight's packet. In whole, these amendments satisfy the minimum
requirements of HB 1998 while setting guardrails to avoid the circumvention of development standards of
multifamily development. These standards are based on the Department of Commerce's guidance for co -
living. The proposed amendments are summarized as follows:
• 20.12 — Definitions: Clarification of what qualifies as co -living and ensuring co -living doesn't
circumvent regulations intended for multifamily developments.
• 20.32 — Building Types: Clarification that apartments consist of seven or more dwelling units. This
amendment provides consistency with the Middle Housing Ordinance.
• 20.39 — Use Provisions: The proposed amendments to POMC 20.39 consolidate previously defined
"group living" uses, such as boarding houses and dormitories, into a unified "co -living" category
under new Section 20.39.115. Additionally, clarification of the minimum number of dwelling units
required as multifamily use in mixed -use buildings.
• 20.124 — Parking and Circulation: Introduction of a new use in 20.124.140 to distinguish "sleeping
units" from "dwelling units".
Following the Planning Commission's review of the proposed amendments at the October meeting, the
City's SEPA Responsible Official will likely issue a Determination of Non -Significance (DNS) and transmit the
proposed amendments to the Washington State Department of Commerce for the required review period.
In preparation for Planning Commission action for a November hearing, staff will properly notice a public
hearing for the November 4, 2025 Planning Commission meeting. After taking public testimony and
deliberating, the Planning Commission is expected to forward a recommendation to the City Council. Final
City Council action is tentatively scheduled for November 18, 2025, following the completion of the
Department of Commerce's expedited review period.
Attachments: HB 1998, and redline version of POMC 20.12 — Definitions, 20.32 — Building Types, 20.39 —
Use Provisions, and 20.124 — Parking and Circulation
2
108
Chapter 20.12
DEFINITIONS
Sections:
20.12.010 Definitions.
20.12.010 Definitions.
The definitions in this chapter shall apply to this title unless a specific definition is set forth
in a subsequent section, chapter, or subtitle in which case that definition shall apply but be
limited to that section, chapter, or subtitle as specified therein.
"Accessible electric vehicle charging station" means an electric vehicle charging station
where the battery charging station equipment is located within accessible reach of a
barrier -free access aisle (minimum 44 -inch width) and the electric vehicle.
"Accessory building" means any building of which the form and use are subordinate in both
purpose and size, incidental to and customarily associated with a principal permitted
building and use located on the same lot. Also see POMC 20.39.010 and Article VII,
Accessory Uses, of Chapter 20.39 POMC.
"Accessory dwelling unit" means a separate, complete dwelling unit attached to or
contained within the structure of the primary use or a detached single-family residential
dwelling unit (accessory apartment), or contained within a separate structure that is
accessory to the primary use or detached single-family dwelling unit (backyard cottage) on
the premises. Also see POMC 20.39.600.
"Adequate public facilities" means facilities which have the capacity to serve development
without decreasing levels of service below locally established minimums. (WAC 365-196-
210(3).)
"Administrative design review" means a development permit process whereby an
application is reviewed, approved, or denied by the planning director or the planning
director's designee based solely on objective design and development standards without a
public predecision hearing, unless such review is otherwise required by state or federal
law, or the structure is a designated landmark or historic district established under a local
preservation ordinance. The city may utilize public meetings, hearings, or voluntary review
boards to consider, recommend, or approve requests for variances from locally
established design review standards.
"Aggrieved person" means:
109
(1) The applicant and the owner of property to which the land use decision is
directed; or
(2) Another person aggrieved or adversely affected by the land use decision, or who
would be aggrieved or adversely affected by a reversal or modification of the land
use decision. A person is aggrieved or adversely affected within the meaning of this
section only when all of the following conditions are present:
(a) The land use decision has prejudiced or is likely to prejudice that person;
(b) That person's asserted interests are among those that the local
jurisdiction was required to consider when it made the land use decision;
(c) Ajudgment in favor of that person would substantially eliminate or
redress the prejudice to that person caused or likely to be caused by the land
use decision; and
(d) The petitioner has exhausted their administrative remedies to the extent
required by law.
"Agricultural processing" means preparing harvested crops or products of animal or
poultry husbandry for marketing, transportation or further processing. Also see POMC
20.39.500.
"Agricultural products" means items resulting from the practice of agriculture, including
crops such as flowers, fruits, vegetables, grains, seed, feed, and plants, or animal products
such as eggs, milk, and meat, or animal byproducts such as fertilizer. Also see POMC
20.39.500.
"Alley" means a public or private access way, either unimproved or improved, which
provides a secondary means of vehicular access to abutting property. Alley width shall be
considered the distance between the alley right-of-way lines.
"Alteration" means a change or rearrangement of the structural parts or exit facilities, or an
enlargement by extending the sides or increasing the height or depth, or the moving from
one location to another.
"Animal — Small" means animals, other than livestock or animals considered predatory or
wild, which are kept outside a dwelling unit all or part of the time. Animals considered
predatory or wild shall be considered small animals when they are taken into captivity for
the purposes of breeding, domestication, training, hunting or exhibition.
"Appeal" means to seek review of a decision or determination from a higher authority. An
appeal may be from a staff decision or determination to the examiner; or from an examiner
110
decision to the city council; or from a city council decision to the superior court or other
court of competent jurisdiction; however, some permit processes follow different appeal
procedures, which procedures are set forth in the corresponding chapter.
"Applicant" means the owner of land proposed for land development or use or its
representative who shall have express written authority to act on behalf of the owner.
Written consent shall be required from the legal owner of the property.
"Arborist" means an individual trained in the art and science of planting, caring for, and
maintaining individual trees, and who is currently certified by the International Society of
Arboriculture.
"Available public facilities" means that public facilities are in place, or a financial
commitment has been made to provide the facilities concurrent with development. For the
purposes of transportation facilities, "concurrent with development" means that the
improvements or strategies are in place at the time of development or that a financial
commitment is in place to complete the improvements or strategies within six years. (RCW
36.70A.070(6)(b).)
"Awning" means an architectural projection for a building that is wholly supported by the
building to which it is attached and comprised of a lightweight rigid skeleton structure over
which a covering is attached.
"Battery charging station" means an electrical component assembly or cluster of
component assemblies designed specifically to charge batteries within electric vehicles,
which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28
RCW and consistent with rules adopted under RCW 19.27.540.
"Battery electric vehicle (BEV)" means any vehicle that operates exclusively on electrical
energy from an off -board source that is stored in the vehicle's batteries, and produces zero
tailpipe emissions or pollution when stationary or operating.
"Binding site plan" means a drawing to scale which: (1) identifies and shows the areas and
locations of all streets, roads, improvements, utilities, open spaces, and any other matters
identified in Chapter 20.94 POMC; (2) contains inscriptions or attachments setting forth
such appropriate limitations and conditions for the use of the land as are established by
the decision -maker with authority to approve the site plan; and (3) contains provisions
making any development be in conformity with the site plan.
"Biologist" means a person who has a minimum of a bachelor of science degree in
biological sciences or a related field from an accredited college or university and two or
111
more years of experience; or a person who has five or more years of experience as a
practicing biologist.
"Block" is a group of lots, tracts or parcels within well-defined and fixed boundaries.
"Board" means the design review board (DRB), which makes recommendations to the
development director or designee. Also see Chapter 2.78 POMC.
"Bond" means a form of security provided by a bonding company in an amount and form
satisfactory to the city attorney, intended to ensure that required improvements are
installed and/or maintained, and/or to otherwise guarantee compliance with applicable
provisions of this title.
"Boundary line adjustment" means a division made for the purpose of alteration by
adjusting boundary lines, between platted or unplatted lots or both, which does not create
any additional lot, tract, parcel, site or division nor create any lot, tract, parcel, site or
division which contains insufficient area and dimensions to meet minimum requirements
for width and area for a buildable lot pursuant to this title.
"Brushing" means an allowed practice of removing ground cover, shrubs and vegetation
not defined as a tree to create better visibility on a site for purposes of public safety,
surveying or marketing.
"Buffer" means a nonclearing native vegetation area which is intended to protect the
functions and values of critical areas.
"Building" means any structure used or intended for supporting or sheltering any use or
occupancy.
"Building area" means the area included within the surrounding interior walls of a building
or portion thereof, exclusive of courts.
"Building envelope" means the area of a lot that delineates the limits of where a building
may be placed on the lot.
"Building facade" means that portion of any exterior elevation of a building extending from
the grade of the building to the top of the parapet wall or eaves for the entire width of the
building elevation.
"Building height" means, except when otherwise specified in this code, the vertical
distance from grade plane to the average height of the highest roof surface.
"Building official" means the city employee designated as the building official, or the
consultant to the city who has been designated by contract as the building official.
112
"Building permit" means the permit required for new construction and additions pursuant
to the city's adopted building code. The term "building permit," as used herein, shall not be
deemed to include: permits required for temporary dwellings; or permits required for
remodeling, rehabilitation, or other improvements to an existing structure or rebuilding a
damaged or destroyed structure, provided there is no increase in the applicable unit of
measure (for nonresidential construction) or number of dwelling units (for residential
construction) resulting therefrom.
"Building site" means the physical portion of the real property upon which the structures
are situated within one lot, and which portion of the lot satisfies the applicable zoning code
standards for physical placement, lot coverage, construction of structures, critical areas
buffers and setbacks, and all other location and dimensional requirements for the
structures.
"Business or occupation of outdoor advertising" shall mean the business of renting or
selling space by the owner of any billboard or outdoor advertising structure to any other
party for valuable consideration.
"Caliper" means the diameter of a tree trunk, applied only to new or replacement nursery -
grown trees, measured six inches above the ground for up to and including four -inch caliper
size trees and 12 inches above the ground for larger size trees.
"Campground" means an area of land on which accommodations for temporary
occupancy, such as tents or recreational vehicles without hook-up facilities, are permitted
and which is used primarily for recreational purposes on an extended basis over a season
or year-round and/or as a commercial activity. Also see POMC 20.39.340.
"Capital facilities" means the facilities or improvements included in a capital facilities
plan.
"Capital facilities plan" means the capital facilities plan element of the city's
comprehensive plan adopted pursuant to Chapter 36.70A RCW, and any amendments to
the plan, which may include by reference a capital facilities plan of the school district
within the city.
"Charging level" means the standardized indicators of electrical force, or voltage, at which
an electric vehicle's battery is recharged. Levels 1, 2, and 3 are defined by the electrical
output, per the following specifications:
(1) Level 1. Voltage including the range from zero through 120.
(2) Level 2. Voltage is greater than 120 and includes 240.
113
(3) Level 3. Voltage is greater than 240 and is considered fast or rapid charging.
"City" means the city of Port Orchard, Washington.
"City clerk" means the city employee appointed to that position in accordance with the
provisions of POMC Title 2.
"City council" means the city council of the city of Port Orchard, Washington.
"City engineer" means the city employee appointed to that position in accordance with the
provisions of POMC Title 2.
"Clearing" or "land clearing," for purposes of this title, means the direct and indirect
removal of trees, including topping and limbing, and the destruction, disturbance or
removal of other vegetation from any public or private undeveloped, partially developed, or
developed lot, public lands, public right-of-way, or utility easement by physical, chemical,
or other means. This shall also include any destructive or inappropriate activity applied to a
tree or other vegetation that will result in its death or effectively destroy the functionality.
"Clearing" shall not include landscape maintenance, brushing, or pruning consistent with
accepted horticultural practices which does not impair the health, survival or function of
trees or other vegetation. Any proposed activities within a critical area or buffer require
compliance with Chapter 20.162 POMC.
"Closed record appeal" means an administrative appeal that is heard by the hearing
examiner. See POMC 2.76.150.
"Closed record appeal hearing" means a hearing held pursuant to POMC 2.76.150.
"Closed record public hearing" means a public hearing before the city council following an
open record hearing, in which no new evidence is considered or allowed. Oral argument
shall be permitted in favor or against the recommendation of the hearing examiner;
however, such oral arguments shall be strictly limited in accordance with this provision.
"Co -living" means a residential development with sleeping units that are independently
rented or owned and lockable and provide living and sleeping space with residents sharing
kitchen facilities with other sleeping units in the building.
"Commission" means the planning commission of the city of Port Orchard, Washington.
"Common ownership" means ownership by the same person, corporation, firm, entity,
partnership or unincorporated association, or ownership by different corporations, firms,
partnerships, entities or unincorporated associations, in which a stockbroker, partner or
associate, or a member of their family owns an interest in each corporation, firm,
partnership, entity or unincorporated association.
114
"Community residential facility (CRF)" means living quarters meeting applicable federal
and state standards that function as a single housekeeping unit and provide supportive
services for a group of individuals comprising more than a family (eight or more individuals
excluding staff), including but not limited to counseling, rehabilitation, and medical
supervision, including drug and alcohol detoxification but excluding prisoner release
participants.
"Community residential facility (CRF) — Prisoner release" means living quarters meeting
applicable federal and state standards that function as a single housekeeping unit and
provide supportive services for a group of individuals comprising more than a family (eight
or more individuals excluding staff), including but not limited to counseling, rehabilitation,
and medical supervision, excluding drug and alcohol detoxification, specifically for
prisoner release participants and programs such as halfway houses.
"Comprehensive plan" or "comprehensive land use plan" means the plan adopted in
Chapter 20.03 POMC, pursuant to Chapter 36.70A RCW.
"Concurrency" or "concurrent with development" means that adequate public facilities are
available when the impacts of development occur, or within a specified time thereafter.
This definition includes the concept of "adequate public facilities" as defined above. For
the purposes of transportation facilities, concurrent with development means that
strategies or improvements are in place at the time of development or that a financial
commitment is in place to complete the improvements or strategies within six years. (RCW
36.70A.070(6)(b).)
"Congregate living facilities" means a building or part thereof that contains sleeping units
where nontransient residents share bathroom or kitchen facilities, or both. "Nontransient"
maintenance of the facility, and shall not provide medical care or social welfare services on
"Consistency" means that no feature of a plan or regulation is incompatible with any other
feature of a plan or regulation. Consistency is indicative of a capacity for orderly integration
or operation with other elements in a system.
"Construction — New" means structures for which the start of construction commenced on
or after the effective date of the ordinance codified in this title and preceding ordinances.
115
"Cottage housing" means residential units on a lot with a common open space that either:
(1) is owned in common; or (2) has units owned as condominium units with property owned
in common and a minimum of 20 percent of the lot size as open space.
Council. See "City council."
"Courtyard" or "court" means a space, open and unobstructed to the sky, located at or
about grade level on a lot and bounded on three or more sides by the walls of a building.
"Courtyard apartments" means up to four attached dwelling units arranged on two or three
sides of a yard or court.
"Coverage — Lot" means the percentage of the area of a lot or parent lot that is built upon or
covered over with impervious materials.
"Critical areas" means any of those areas in the city which are subject to natural hazards or
those lands with features which support unique, fragile, or valuable natural resources,
including fish, wildlife, and other organisms and their habitat and such resources which in
their natural state carry, hold or purify water.
"Critical areas" means those areas identified as:
(1) Wetlands;
(2) Areas with a critical recharging effect on aquifers used for potable water;
(3) Fish and wildlife habitat conservation areas;
(4) Geologically hazardous areas; and
(5) Frequently flooded areas.
"Critical facilities" means those facilities necessary to protect the public health, safety and
welfare. These facilities include but are not limited to schools, hospitals, police stations,
fire departments and other emergency response facilities, and nursing homes. Critical
facilities also include sites of hazardous material storage or production.
"Critical root zone" means the area where the tree's roots are located and is the area
surrounding a tree measured at a radial distance from the trunk equal to one foot for every
one -inch diameter of tree.
"Cul-de-sac" means a road closed at one end by a circular area of sufficient size for turning
large emergency response vehicles.
"DBH" means diameter at breast height. DBH is a tree's diameter in inches at four and one-
half feet above the ground at the lowest point surrounding the trunk, and is used to
116
measure existing trees on a site. On multi -stemmed or mutti-trunked trees, the diameter
shall be the diameter equivalent to the sum of trunk areas measured at DBH.
"Dedication" means the deliberate appropriation of land or rights in land by its owner for
any general and public use, reserving to themself no other rights than such as are
compatible with the full exercise and enjoyment of the public use to which the property has
been devoted. The intention to dedicate shall be evidenced by deed, or other instrument of
conveyance, or by dedication on a duty filed and recorded plat (or short plat). Dedications
by short plat may require city council acceptance.
"Department" means the city of Port Orchard, Washington, department of community
development or its successor agency, unless otherwise specified.
Design Review Board. See "Board."
"Designated accessible space" means an accessible parking space required byWAC 51-
50-005 and designated for the exclusive use of parking vehicles with a state disabled
parking permit.
"Detention facilities" means stormwaterfacilities designed to store runoff while gradually
releasing it at a predetermined controlled rate. "Detention facilities" shall include all
appurtenances associated with their designed functions, maintenance and security.
"Developer" means the person or entity that owns or has development control over
property for which development activity is proposed.
"Development activity" or "development" means any construction or expansion of a
building, structure, or use; any change in the use of a building or structure; or any changes
in the use of the land that creates additional demand for public facilities (such as a change
which results in an increase in the number of vehicle trips to and from the property,
building or structure) and requires a development permit from the city. (RCW 82.02.090(1).)
"Development agreement" means the agreements authorized in RCW 36.70B.170.
"Development approval" means any written authorization from the city that authorizes the
commencement of a development activity.
"Development approval authority" means the city official or tribunal having code authority
to approve a development.
"Development site" means the legal boundaries of the parcel or parcels of land for which
an applicant has or should have applied for authority from the city to carry out a
development activity.
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"Director" or "development director" means the community development director of the
city of Port Orchard or their duty authorized designee, or as otherwise indicated in this title.
"Dock" means a floating or fixed platform used as a landing place for marine transport or
for recreational purposes and attached to the shore or a fixed pier by a loosely coupled
ramp.
"Domestic water system" means any system providing a supply of potable water which is
deemed adequate pursuant to RCW 19.27.097 for the intended use of the development.
"Downtown marquee" means the marquee located at the 700 and 800 blocks of Bay Street
and adjacent streets and which was constructed with funds from LID No. 65.
"Drip line" of a tree means an imaginary line on the ground created by the horizontal
projection of the foliage at its greatest circumference.
"Duplex" means a residential building with two attached dwelling units.
"Dwelling unit" means one or more rooms designed for occupancy by a person or family for
living and sleeping purposes, containing kitchen facilities, lavatory, and closet, and rooms
with internal accessibility, for use solely by the dwelling's occupant, including but not
limited to bachelor, efficiency, and studio apartments, and modular and manufactured
homes.
"Easement" means a right granted by the owner of land to another party for specific limited
use of that land.
"Electric scooters and motorcycles" means any two -wheel vehicle that operates
exclusively on electrical energy from an off -board source that is stored in the vehicle's
batteries and produces zero emissions or pollution when stationary or operating.
"Electric vehicle" means any vehicle that operates, either partially or exclusively, on
electrical energy from the grid, or an off -board source, that is stored on -board for motive
purpose. "Electric vehicle" includes: (1) a battery electric vehicle; (2) a plug-in hybrid
electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium -speed electric
vehicle.
"Electric vehicle charging station" means a public or private parking space that is served by
battery charging station equipment and that has as its primary purpose the transfer of
electric energy (by conductive or inductive means) to a battery or other energy storage
device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or
Level 2 charging equipment is permitted outright as an accessory use to any principal use.
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"Electric vehicle charging station — Public" means an electric vehicle charging station that
is: (1) publicly owned and publicly available (e.g., park and ride parking, public library
parking lot, on -street parking); or (2) privately owned and publicly available (e.g., shopping
center parking, nonreserved parking in multifamily parking lots).
"Electric vehicle charging station — Restricted" means an electric vehicle charging station
that is: (1) privately owned and restricted access (e.g., single-family home, executive
parking, designated employee parking); or (2) publicly owned and restricted (e.g., fleet
parking with no access to the general public).
"Electric vehicle infrastructure" means structures, machinery, and equipment necessary
and integral to support an electric vehicle, including battery charging stations, rapid
charging stations, and battery exchange stations.
"Electric vehicle parking space" means any marked parking space that identifies the use to
be exclusively for the parking of an electric vehicle due to the presence of electric vehicle
charging equipment.
"Enhancement" means an action or actions performed to improve the condition of an
existing degraded critical area (e.g., wetlands or streams) such that the functions or values
are of a higher quality; provided, that this activity does not significantly degrade another
existing function or value.
"Equipment — Heavy" means high -capacity mechanical devices for moving earth or other
materials, and mobile power units including, but not limited to:
(1) Carryalls;
(2) Graders;
(3) Loading and unloading devices;
(4) Cranes;
(5) Drag lines;
(6) Trench diggers;
(7) Tractors;
(8) Augers;
(9) Bulldozers;
(10) Concrete mixers and conveyers;
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(11) Harvesters;
(12) Combines; or
(13) Other major agricultural equipment and similar devices operated by
mechanical power as distinguished from manpower.
"Equipment — Light" means such construction machinery as chainsaws, wheelbarrows,
posthole diggers and all handheld tools.
"Erosion" means the process whereby the land surface is worn away by the action of water,
wind, ice or other geologic agents, by processes such as gravitational creep or events such
as landslides caused by natural or manmade impacts.
"Escrow" means a deposit of cash with the city or escrow agent, pursuant to a written
agreement, in order to secure the promise to perform some act.
"Evergreen" means a plant species with foliage that persists and remains green year-round.
Examiner. See "Hearing examiner."
"External buffer" means a naturally vegetated area or vegetated area along the exterior
boundaries of an entire development processed in accordance with a subdivision
application, which is landscaped and maintained as open space in order to eliminate or
minimize conflicts between such development and adjacent land uses.
"Facade" means the entire building front or street wall face, including grade, to the top of
the parapet or eaves and the entire width of the building elevation.
"Family" means any number of persons related by blood, marriage or legal adoption and
including foster children and exchange students living together as a single housekeeping
unit. "Family" also means the following when living together as a single, not -for-profit
housekeeping unit:
(1) A group of not more than four related and unrelated adults and their related
minor children, but not to exceed a total of eight related and unrelated persons; or
(2) Not more than eight disabled persons, whether adults or minors, living together
in a consensual residential living arrangement, but not to exceed a total of eight
persons; or
(3) State licensed adult family homes as defined by RCW 70.128.010; or
(4) State licensed foster family homes and group care facilities as defined in RCW
74.15.020.
120
For the purposes of this definition, an adult is a person 18 years of age or older, and a minor
child is a person under the age of 18 years.
"Fee" or "filing fee" means the fee for filing an application, as said fee is established
annually by resolution of the city council. Unless otherwise indicated, all fees must be paid
at the time the application is submitted to the city.
"Fence" means a barrier for the purpose of enclosing space or separating lots, composed
of: wood, metal or concrete posts connected by boards, rails, panels, wire, mesh, masonry,
or concrete, excluding retaining walls.
Final Plat. See "Plat — Final plat."
"Financial commitment" means those sources of public or private funds or combinations
thereof that have been identified as sufficient to finance public facilities necessary to
support development and that there is reasonable assurance that such funds will be timely
put to that end.
"Fiveplex" means a residential building with five attached dwelling units.
"Floor — Ground" means the ground floor of a building defined as the three-dimensional
interior building space which sits immediately above the basement, crawl space, or floor
slab and below the ceiling or joists supporting a roof or second floor and which is nearest in
floor elevation to the lowest street elevation located adjacent to the parcel on which the
building is located. This includes any loft space.
"Floor — Lowest" means the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than basement area, is not considered a building's
lowest floor; provided, that such enclosure is not built so as to render the structure in
violation of the applicable nonelevation design requirements of this code.
"Floor — Second" means the second floor defined as the three-dimensional interior building
space which sits above the ground floor and which is not a loft.
"Forest land" means land devoted primarily to growing and harvesting forest and timber
products and designated as a forest production district.
"Forest practice" means any activity conducted on or directly pertaining to forest land and
relating to growing, harvesting, or processing timber, or removing forest biomass, including
but not limited to:
(1) Activities in and over typed water;
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(2) Road and trail construction;
(3) Harvesting, final and intermediate;
(4) Precommercial thinning;
(5) Reforestation;
(6) Fertilization;
(7) Prevention and suppression of diseases and insects;
(8) Salvage of trees; and
(9) Brush control.
"Forest practice" does not include: forest species seed orchard operations and intensive
forest nursery operations; or preparatory work such as tree marking, surveying and road
flagging; or removal or harvest of incidental vegetation from forest lands such as berries,
ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally
be expected to result in damage to forest soils, timber or public resources.
"Fourplex" means a residential building with four attached dwelling units.
"Geologist" means a person who has a bachelor of science degree in geologic sciences
from an accredited college or university and has a minimum of four years' experience in soil
or slope evaluation under the direct supervision of a practicing geologist or licensed
geotechnical engineer.
"Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a
professional civil engineer with the state of Washington, with professional training and
experience in geotechnical engineering, including at least four years' professional
experience in evaluating geologically hazardous areas.
"Golf facility" means a recreationalfacility, under public or private ownership, designed
and developed for uses including, but not limited to:
(1) Golf course;
(2) Driving range;
(3) Pro shops;
(4) Caddyshack buildings;
(5) Restaurants;
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(6) Office and meeting rooms; and
(7) Related storage facilities.
"Grade plane" means a reference plane representing the average of the finished ground
level adjoining the building at its exterior walls. Under conditions where the finished ground
level slopes significantly away from the exterior walls, that reference plane is established
by the lowest points of elevation of the finished surface of the ground within an area
between the building and lot line, or where the lot line is more than six feet (1,829 mm) from
the building, between the building and a line six feet (1,829 mm) from the building.
"Grading" means any excavating, filling, grubbing, recontouring or removal of earth
materials on the surface layer, or any combination thereof.
"Grazing area" means any open land area used to pasture livestock in which forage is
maintained at an average height of three inches over 80 percent of the area.
"Gross floor area" (GFA) means the sum of the gross horizontal areas of all floors of a
building measured from the exterior faces of the exterior walls, or from the centerline of
walls separating two buildings. The gross floor area of a building shall include basement
floor area when one-half or more of the basement height is above natural grade for more
than 50 percent of the total perimeter. The gross floor area shall also include elevator
shafts and stairwells to each floor, penthouses, attic space having headroom clearances
that meet building code minimum ceiling heights, interior balconies and mezzanines,
enclosed porches, floor area devoted to accessory uses, and floor space used for
mechanical equipment, except equipment located on the roof, unless otherwise specified
in this title. In determining the gross floor area of an individual use within a multiple tenant
building, the gross floor area is the sum of the gross horizontal areas measured from the
interior faces of the interior walls of the space occupied by the use.
"Ground cover" means any living plant material normally terrestrial, growing low to the
ground, or other small trees less than four inches at DBH and not defined as a tree, all of
which are intended to stabilize soils and protect against erosion.
"Growth Management Act — GMA" means the Washington State Growth Management Act
(GMA), Chapter 17, Law of 1990, First Extended Session, Chapter 36.70A RCW et seq., and
Chapter 32 Laws of 1991, First Special Session, RCW 82.02.050 et seq., as now in
existence or hereafter amended.
"Grubbing" means the removal of vegetative matter from underground, such as sod,
stumps, roots, buried logs, or other debris, and shall include the incidental removal of
topsoil to a depth not exceeding 12 inches.
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"Hard surface" means an impervious surface, a permeable pavement, or a vegetated roof.
"Healthy soil" means soil that is of good quality, with the capacity to sustain plant, animal,
and human life by providing nutrients, air and water space to infiltrate, pollutant absorption
and filtering, and habitat.
"Hearing examiner" means a person appointed to hear or review certain land use decisions
pursuant to Article XI, Section 11 of the Washington State Constitution, Chapters 35.63 and
58.17 RCW, and Chapter 2.76 POMC.
"High intensity nonresidential use" means manufacturing/industrial (Chapter 20.36 POMC)
land uses and any commercial or mixed use (Chapter 20.35 POMC), civic or institutional
(POMC 20.37.010), or public facilities (POMC 20.37.030) land use with over 120,000 square
feet gross floor area. Also see POMC 20.39.400 and 20.39.410.
"Hospital" means an establishment primarily engaged in providing diagnostic services,
extensive medical treatment including surgical services, and other hospital services, as
well as continuous nursing services. A hospital has an organized medical staff, inpatient
beds, and equipment and facilities to provide complete health care. "Hospital" does not
include convalescent homes. Also see POMC 20.39.325.
"Impact" means any additional demand and need for public facilities or services that is
reasonably related to the proposed development.
"Impact fee" means the amount of money determined necessary by the city or the school
district and imposed upon new development activity as a condition of development
approval or permitting to pay for public facilities needed to serve new growth and
development, and that is reasonably related to the new development that creates the
additional demand and need for public facilities, that is a proportionate share of the cost of
the public facilities and that is used for facilities that reasonably benefit the new
development. "Impact fee" does not include a reasonable permit or application fee. (RCW
82.02.090(3).)
"Impervious surface" means a nonvegetated or compacted surface area that either
prevents or retards the entry of water into the soil mantle as it entered under natural
conditions preexistent to development, or a nonvegetated or compacted surface area
which causes water to run off the surface in greater quantities or at an increased rate of
flow from that present under natural conditions preexistent to development. Common
impervious surfaces include, but are not limited to, roof tops, concrete or asphalt paving,
paved walkways, patios, compacted gravel, driveways, parking lots and storage areas,
packed earthen materials, and oiled, macadam, or other surfaces which similarly impede
the natural infiltration of surface water.
124
"Indoor emergency housing" means temporary indoor accommodations for individuals or
families who are homeless or at imminent risk of becoming homeless that are intended to
address the basic health, food, clothing, and personal hygiene needs of individuals or
families. Indoor emergency housing may or may not require occupants to enter into a lease
or occupancy agreement.
"Indoor emergency shelter" means a facility that provides a temporary indoor shelter for
individuals or families who are currently homeless. An indoor emergency shelter may not
require occupants to enter into a lease or an occupancy agreement. Indoor emergency
shelter facilities may include day and warming centers that do not provide overnight
accommodations.
"Kitchenette" means a room or part of a room which is used. intended, or designed to be
used for basic food preparation. with a sink and at least one 120v electrical outlet.
"Kitchen" means a room or Dart of a room which is used. intended, or designed to be used
kitchen -style sink. space and utilities sufficient for a gas or 220/240v electric stove and
oven, and a refrigerator.
"Landscape architect" means an individual currently licensed by the state of Washington
as a landscape architect.
"Landscaping" means an area devoted to or developed and maintained predominantly
with native or nonnative plant materials, including lawn, ground cover, trees, shrubs, and
other plant materials; and also including accessory decorative outdoor landscape
elements such as ornamental pools, fountains, paved or decorated surfaces (excluding
driveways, parking, loading, or storage areas), and sculptural elements.
"Landslide" means episodic down -slope movement of a mass of soil or rock, including
snow avalanches.
"Level of service" means an established minimum capacity of public facilities or services
that must be provided per unit of demand or other appropriate measure of need.
"Livestock" means grazing animals kept either in open fields or structures for training,
boarding, home use, sales, or breeding, and production, including but not limited to cattle,
riding and draft horses, hogs, sheep, and goats.
"Loading space" means a space for the temporary parking of a vehicle while loading or
unloading cargo or passengers.
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"Loft" means an upper interior space of a building, typically consisting of an open
unpartitioned floor area that is accessible from the ground floor and that is below the
second floor or roof.
Long Subdivision. See "Subdivision."
"Lot" means a fractional part of legally 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. For purposes of this code, adjoining lots under
common ownership, which were created without subdivision or short subdivision approval
from applicable city or county governments, shall be considered as one lot and subject to
the regulations contained herein. The terms of this section shall apply regardless of
whether the individual adjoining lot meets current zoning requirements.
"Lot — Corner lot" means a lot that has frontage on more than one intersecting street. A
street that curves with angles of 120 degrees or less, measured from the center line of the
street, is considered two intersecting streets for the purpose of evaluating whether a lot is a
corner lot. See Figures below.
Corner Lots
Lot. o Lot
---------
Loft ` Corner Lot
Csntrliec t2p'
Street A or ,e
' 120' 5
orldpp
Corner Lot
Lot ! Lo[.
Lot �Corrrar CornerI lo#
i Lot Lot ,
{y3
St.reat I A
1r
Lot carrier Gosnar ` Lot I
a Lot Lot ' r
1--L_
126
"Lot — Flag lot" means an irregular lot with two distinct parts:
(1) The flag, which is the only building site; and is located behind another lot; and
(2) The pole, which connects the flag to the street; provides the only street frontage
for the lot; and at any point is less than the minimum lot width for the zone.
"Lot — Interior lot" means a lot that has frontage on one street only.
"Lot —Irregular lot" means a lot that is shaped so that application of setback requirements
is difficult. Examples include a lot with a shape that is not close to rectangular, or a lot with
no readily identifiable rear lot line, or a flag lot.
Lot Lines on Irregular Lots
REAR LOT LINE
��T Lor '10 i_oT
1� I
si` Im
i !OTC/� • ��N'C, nT 1,lNF• 1.
WT F`
I `
LOT
ml �
IAT I `t
I'RONT l OT LINF'.�•
STRFFf
"Lot — Parent" means a legal lot which establishes the exterior boundary of a unit lot
subdivision.
"Lot — Through" means a lot having frontage on two parallel or approximately parallel
streets.
"Lot — Unit" means a portion of a parent lot, the fee of which may be independently
transferred upon recording of a unit lot subdivision.
"Lot — Zoned predominantly for residential use" means residential zoning districts in
Chapter 20.34 POMC in which residential dwellings are the predominant use. This excludes
lands zoned primarily for commercial, industrial, and/or public uses, even if those zones
allow for the development of detached single-family residences. This also excludes lands
zoned primarily for mixed uses, even if those zones allow for the development of detached
single-family residences, if the zones permit by -right multifamily use and a variety of
commercial uses, including but not limited to retail, services, eating and drinking
establishments, entertainment, recreation, and office uses.
127
"Lot area — Minimum" means the minimum or smallest amount of total lot area in a single
ownership, expressed in square feet, necessary to satisfy the physical development
standards defined in this code.
"Lot line — Interior" means a lot line that delineates property boundaries along those
portions of the property which do not abut a street.
"Lot line interior —Zero" means the elimination of one side setback so that a side building
line can be constructed on the lot line. Zero lot lines must be designated on a plat.
"Lot lines" means:
(1) "Lot front line" means a lot line at which vehicular access is off of a public right-
of-way, private street, access easement or tract;
(2) "Lot rear line" means a lot line which is opposite and most distant from the lot
front line. For the purpose of establishing the lot rear line of a triangular or
trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the
following shall apply:
(a) For a triangular- or gore -shaped lot, a line 10 feet in length within the lot
and farthest removed from the lot front line and at right angles to the line
comprising the depth of such lot shall be used as the lot rear line;
(b) In the case of a trapezoidal lot, the rear line of which is not parallel to the
front line, the lot rear line shall be deemed to be a line at right angles to the
line comprising the depth of such lot and drawn through a point bisecting the
recorded lot rear line;
(3) "Lot side line" means any lot boundary line that is not a lot front line or a lot rear
line.
"Low impact development (LID)" means a stormwater and land management strategy that
strives to mimic pre -disturbance hydrologic processes of infiltration, filtration, storage,
evaporation, and transpiration by emphasizing conservation, use of on -site natural
features, site planning, and distributed stormwater management practices that are
integrated into a project design.
"Low impact development best management practices (LID BMPs)" means distributed
stormwater management practices integrated into a project design that emphasize pre -
disturbance hydrologic processes of infiltration, filtration, storage, evaporation, and
transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens,
128
permeable pavements, roof downspout controls, dispersion, soil quality and depth,
vegetated roofs, minimum excavation foundations, and water reuse.
"Low impact development principles" means land management strategies that emphasize
conservation, use of on -site natural features, and site planning to minimize impervious
surfaces, native vegetation loss, and stormwater runoff.
"Low intensity nonresidential use" means a small scale commercial or mixed use (Chapter
20.35 POMC), civic or institutional (POMC 20.37.010), or public facilities (POMC 20.37.030)
land use which does not have outdoor storage along the site edge requiring a landscape
buffer per POMC 20.128.070, and which has less than 25,000 square feet gross floor area.
"Major transit stop" means a stop on a high capacity transportation system funded or
expanded under the provisions of Chapter 81.104 RCW, commuter rail stops, stops on rail
or fixed guideway systems, and stops on bus rapid transit routes.
"Marijuana" has the meaning established pursuant to RCW 69.50.101, as currently
adopted or hereafter amended.
"Marijuana business" or "marijuana businesses" means and incorporates all marijuana
uses licensed by the Washington State Liquor and Cannabis Board, including, but not
limited to, marijuana producers, marijuana processors, marijuana retailers, and marijuana
retail outlets, each as separately defined herein.
"Marijuana -infused products" has the meaning established pursuant to RCW 69.50.101, as
currently adopted or hereafter amended.
"Marijuana processor" has the meaning established pursuant to RCW 69.50.101, as
currently adopted or hereafter amended.
"Marijuana producer" has the meaning established pursuant to RCW 69.50.101, as
currently adopted or hereafter amended.
"Marijuana retail outlet" has the meaning established pursuant to RCW 69.50.101, as
currently adopted or hereafter amended, and shall also include marijuana retailers with a
medical marijuana endorsement, as defined herein.
"Marijuana retailer" has the meaning established pursuant to RCW 69.50.101, as currently
adopted or hereafter amended.
"Marijuana retailer with a medical marijuana endorsement" has the meaning established
pursuant to RCW 69.51A.010, as currently adopted or hereafter amended.
Marquee. See "Downtown marquee."
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"Material error" means substantive information upon which a permit decision is based that
is submitted in error or is omitted at the time of permit application.
"Maximum lot coverage" means the maximum percentage in area of a lot that may have a
hard surface constructed thereon.
"May" means optional and permissive, and does not impose a requirement.
"Medical marijuana cooperative" means a cooperative established and registered with the
Washington State Liquor and Cannabis Board pursuant to Chapter 69.51A RCW, and that
may produce and process marijuana for the medical use of its members pursuant to the
regulations under RCW 69.51A.250, as currently adopted or hereafter amended. Also see
POMC 20.39.650.
"Medium -speed electric vehicle" means a self-propelled, electrically powered four -
wheeled motor vehicle, equipped with a roll cage or crush -proof body design, whose speed
attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour
and otherwise meets or exceeds the federal regulations set forth in 49 CFR 571.500.
"Metes and bounds" means a description of real property which starts at a known point of
beginning and describes the bearings and distances of the lines forming the boundaries of
the property, and is completed when the description returns to the point of beginning.
"Mid -block connection" means a thoroughfare connecting two sides of a residential block,
usually located near the middle of said block and intended for pedestrian and bicycle use.
"Middle housing" means buildings that are compatible in scale, form, and character with
single-family houses and contain two or more attached, stacked, or clustered homes
including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats,
courtyard apartments, and cottage housing.
"Mitigation" or "mitigate" means any action which avoids any negative or adverse impact,
or which ameliorates any such impact.
"Mobile home — Park" means a tract of land developed with individual sites and facilities to
accommodate two or more mobile homes.
"Model home" means a dwelling unit used initially for display purposes, which typifies the
type of units that will be constructed in the subdivision and which will not be permanently
occupied during its use as a model.
"Moderate intensity nonresidential use" means any commercial or mixed use (Chapter
20.35 POMC), civic or institutional (POMC 20.37.010), or public facilities (POMC 20.37.030)
130
land use featuring at least 25,000 square feet gross floor area or featuring outdoor storage
along the site edge requiring a landscape buffer per POMC 20.128.070.
"Modification — Major" means a major alteration of a site plan that includes any one of the
following:
(1) Any enlargement of proposed building(s).
(2) Any site relocation of proposed building(s).
(3) Any change in exterior design.
(4) Any modification that creates new traffic circulation patterns.
"Multifamily" means a building that contains seven or more dwelling or sleeping units. The
term also includes any dwelling or sleeg units that are within a mixed -use building_.
"Must" means the same as "shall" herein, and is mandatory and imposes a requirement.
"Native vegetation" means plant species that are indigenous and naturalized to the city's
region and which can be expected to naturally occur on a site. Native vegetation does not
include noxious weeds.
"Neighborhood electric vehicle" (or a low -speed electric vehicle) means a self-propelled,
electrically powered four -wheeled motor vehicle whose speed attainable in one mile is
more than 20 miles per hour and not more than 25 miles per hour and conforms to federal
regulations under 49 CFR 571.500.
"New evidence" means any and all evidence that is submitted or received after the date the
examiner, or city council as the case may be, closes the official record. The official record is
closed at the end of the hearing, unless the examiner specifically allows the official record
to remain open for a time certain.
"Nonelectric vehicle" means any motor vehicle that does not meet the definition of
"electric vehicle."
"Noxious weed" means any plant which when established is highly destructive,
competitive, or difficult to control by cultural or chemical practices (see Chapter 17.10
ROW). The state noxious weed list in Chapter 16-750 WAC is the officially adopted list of
noxious weeds by the noxious weed control board and recognized by Port Orchard.
"Off site" means any premises not located within the area of the property proposed for a
development or use activity, whether or not in the common ownership of the applicant.
"Official file" means:
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(1) All materials accepted by the examiner, or the city council as the case may be,
for purposes of the hearing, or created during the hearing, including but not limited to:
(a) All application materials submitted by the applicant;
(b) The staff report for the hearing;
(c) All written comments received by the city prior to the hearing, or received
into the official record during the hearing;
(d) The list of persons who signed in to the public hearing indicating a desire
to testify, or who wish to be notified of a decision or recommendation on the
matter;
(e) The electronic recording of the hearing on the matter, or a transcript of the
electronic hearing on the matter, certified under oath to be a transcript of the
electronic recording of the hearing on the matter;
(f) The recommendation or decision of the examiner.
(2) If a decision of the examiner is appealed to the council, the following will also be
included in the official file:
(a) The letter or notice of appeal;
(b) The staff report on the appeal;
(c) Any legal motions, briefs or other written appeal documents submitted by
a party of record.
(3) If the decision of the council is appealed to superior court, the following will also
be included in the officialfile:
(a) The electronic recording of the appeal to council and minutes of the
same, or a transcript of the electronic hearing on the matter, certified under
oath to be a true and correct transcript of the electronic recording of the
hearing on the appeal;
(b) The decision of the council.
"Official plans" means the comprehensive plan, these development regulations, and other
documents adopted by the city council of the city of Port Orchard.
"Official record" means the written and oral information, exhibits, reports, testimony and
other evidence submitted in a timely manner and accepted by the examiner, or the city
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council, if applicable. An electronic recording or transcript certified as a true and correct
transcript of an electronic recording of the hearing is a part of the official record.
"Open record hearing" means a hearing, conducted by a single hearing body or officer
authorized by the city to conduct such hearings, that creates the city's record through
testimony and submission of evidence and information, under procedures prescribed by
the hearing body or officer.
"Open space" means a portion of land, excluding building sites and parking areas, which is
designated and maintained as an area for leisure, recreation and other activities normally
carried on outdoors. Open space may include greenbelt and recreational areas.
"Ordinances" means legislative enactments of a city or county.
"Owner" means the owner of record of real property, although when real property is being
purchased under a real estate contract, the purchaser shall be considered the owner of the
real property, if the contract is recorded. (ROW 82.02.090(4).)
"Parapet" means that portion of a building wall that extends above the roof of the building.
"Park" means a site designed or developed for recreational use by the public, including but
not limited to: indoor facilities, such as gymnasiums, swimming pools, or activity centers;
and outdoor facilities, such as playfields, swimming pools, courts, playgrounds, fishing
and boating access areas, or picnicking and other group activity areas, and areas and trails
for hikers, equestrians, or bicyclists. Also see POMC 20.39.315 and 20.39.340.
"Parking lot aisle" means that portion of the off-street parking area used exclusively for the
maneuvering and circulation of motor vehicles and in which parking is prohibited.
"Parking space" means an area accessible to vehicles, improved, maintained, and used for
the sole purpose of parking a motor vehicle.
"Parking space — Off-street" means a space on private property with access to a public
street or alley used to park a motor vehicle.
"Party" or "party of record" means the applicant, the property owner of the property for
which a land use application has been filed, and any person who has submitted written
comments or testified as part of the official record of a land use action.
"Pavement width" means the actual paved surface measured from edge to edge of a street
or alley road surface.
"Peak hour" means the hour during the morning or afternoon when the most critical level of
service occurs for a particular roadway or intersection.
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"Permanent supportive housing" means subsidized, leased housing with no limit on length
of stay that prioritizes people who need comprehensive support services to retain tenancy
and utilizes admissions practices designed to use lower barriers to entry than would be
typical for other subsidized or unsubsidized rental housing, especially related to rental
history, criminal history, and personal behaviors. Permanent supportive housing is paired
with on -site or 24 -hour off -site voluntary services designed to support a person living with a
complex and disabling behavioral health or physical health condition who was
experiencing homelessness or was at imminent risk of homelessness prior to moving into
housing to retain their housing and be a successful tenant in a housing arrangement,
improve the resident's health status, and connect the resident of the housing with
community -based health care, treatment, or employment services. Permanent supportive
housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW.
"Permit" or "project permit" means any land use or environmental permit or license
required from the city, including, but not limited to: building permits, land disturbing
activity permits, subdivisions, binding site plans, conditional use permits, variances,
shoreline substantial development permits, site development permits, temporary use
permits, permits or approvals required by critical areas regulations, and site -specific
rezones.
"Permit — Temporary use" means a permit to allow a use for a limited duration and/or
frequency.
"Person" means any individual, organization, society, partnership, firm, association, joint
venture, public or private corporation, trust, estate, commission, board, public or private
institution, governmental agency, public or private utility, cooperative, interstate body or
other legal entity.
"Pervious surface" means a surface material that allows stormwater to infiltrate into the
ground. Examples include, but are not limited to, lawn, landscape, pasture, native
vegetation area, and permeable pavements.
"Place of worship" means a place where religious services are conducted, and including
accessory uses in the primary or accessory buildings, such as religious education, reading
rooms, assembly rooms, and residences for nuns and clergy.
"Planning commission" means the city of Port Orchard, Washington, planning commission.
"Plat" means a map or representation of a subdivision, showing thereon the division of a
tract or parcel of land into lots, blocks, streets and alleys or other divisions and
dedications.
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"Plat certificate" means a title report by a title insurance company certifying the ownership,
deed restrictions, covenants, etc., of the land being subdivided.
"Plat — Final plat" means the final drawing of the subdivision and dedication prepared for
filing of record with the county auditor, and containing all elements and requirements set
forth in Chapter 58.17 RCW and Chapter 20.90 POMC.
"Plat — Long plat" means the map or representation of a long subdivision, showing thereon
the subdivision of a tract or parcel of land with lots, blocks, streets, and alleys or other
subdivisions, easements and dedications as authorized by Chapter 58.17 RCW and in
Subtitle V of this title.
"Plat — Preliminary plat" means a neat and approximate drawing of a proposed subdivision
showing the general layout of streets and alleys, lots, blocks and other elements of a
subdivision consistent with the requirements of this title. The preliminary plat shall be the
basis for the approval or disapproval of the general layout of a subdivision of 10 or more
lots.
"Plat — Short plat" means the map or representation of a short subdivision.
"Plug-in hybrid electric vehicle (PHEV)" means an electric vehicle that: (1) contains an
internal combustion engine and also allows power to be delivered to drive wheels by an
electric motor; (2) charges its battery primarily by connecting to the grid or other off -board
electrical source; (3) may additionally be able to sustain battery charge using an on -board
internal -combustion -driven generator; and (4) has the ability to travel powered by
electricity.
"Port Orchard" means the city of Port Orchard, Washington.
Preliminary Plat. See "Plat — Preliminary plat."
"Principal building" means a building in which is conducted the main or primary use of the
lot on which it is located. Generally, this use will be a principal permitted use as provided in
POMC 20.39.010. It is possible for a lot to have more than one principal building and
principal use.
"Private" means solely or primarily for the use of residents or occupants of the premises,
e.g., a noncommercial garage used solely by residents or their guests is a private garage.
"Private street" means a privately owned right-of-way which provides access for up to 10
residential units and meets the requirements of the city's public works standards.
"Project improvements" means site improvements and facilities that are planned and
designed to provide service for a particular development and that are necessary for the use
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and convenience of the occupants or users of the project, and are not system
improvements. No improvement or facility included in a capital facilities plan approved by
the city council shall be considered a project improvement. (ROW 82.02.090(5).)
"Project permit" or "project permit application" means any land use or environmental
approval required from the city for a project action, including but not limited to building
permits, subdivisions, planned unit developments, conditional uses, shoreline substantial
development permits, site plan review, permits or approvals required by this title, critical
areas and natural resources, site -specific rezones authorized by a comprehensive plan or
subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea
plan, or development regulations except as otherwise specifically included in this land use
regulatory code.
Property Owner. See "Owner."
"Protected area" means all land where no construction activity, tree removal, vegetation
removal, or soil compaction is allowed and includes the critical root zone of those trees to
be preserved.
"Pruning" means cutting back of limbs larger than one and one-half inches in diameter.
"Public agency" means any agency, political subdivision, or unit of local government of this
state, including but not limited to municipal corporations, special purpose districts,
counties, and local service districts; any agency of the state of Washington, the United
States or any state thereof; or any Indian tribe recognized as such by the federal
government.
"Public agencyyard" means a facility operated by a public agency for open or enclosed
storage, repair, and maintenance of vehicles, equipment, or related materials, excluding
document storage.
"Public facilities" means facilities which are owned, operated and maintained by a public
agency.
"Public right-of-way" means any road, alley, street, avenue, arterial, bridge, highway, or
other publicly owned ground or place used or reserved for the free passage of vehicular
and/or pedestrian traffic or other services, including utilities.
Public Street. See "Public right-of-way."
"Rapid charging station" means an industrial grade electrical outlet that allows for faster
recharging of electric vehicle batteries through higher power levels and that meets or
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exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and
consistent with rules adopted under RCW 19.27.540.
"Reasonable use" has the meaning established by the most recent applicable state or
federal court decision.
"Recreational vehicle (RV)" means a vehicle designed primarily for recreational camping,
travel or seasonal use, which has its own motive power or is mounted on or towed by
another vehicle, including but not limited to: travel trailer, folding camping trailer, park
trailer, truck camper, motor home, and multi -use vehicle.
"Recreational vehicle parks" means the use of land upon which two or more recreational
vehicle sites, including hookup facilities, are located for occupancy by the general public of
recreational vehicles as temporary living quarters for recreation or vacation purposes.
"Recyclable material" means a nontoxic, recoverable substance that can be reprocessed
for the manufacture of new products.
"Regional utility corridor" means a right-of-way tract or easement which contains
transmission lines or pipelines for utility companies, excluding distribution lines contained
within street rights -of -way or lines serving individual lots or developments.
"Reserve strip" means a strip of land dedicated or created in fee for the purpose of
controlling the access to streets or other public rights -of -way from adjoining property.
"Resident" means a person who occupies a residential dwelling within the city of Port
Orchard on an ongoing and continual basis, and who actually lives within the home, as
distinguished from a visitor or transient.
"Restoration" means the actions to return a stream, wetland or other critical area to a state
in which its stability, functions, and values approach its unaltered state as closely as
possible.
"Retention facilities" means drainage facilities designed to store runoff for gradual release
by evaporation, plant transpiration, or infiltration into the soil. Retention facilities shall
include all such drainage facilities designed so that none of the runoff entering the facility
will be discharged as surface water. Retention facilities shall include all appurtenances
associated with their designed function, maintenance, and security.
"Right-of-way" or "ROW" means a strip of land platted, dedicated, condemned or
established by prescription, or otherwise legally established, for the use of pedestrians,
vehicles or utilities.
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"Sale or lease" means any immediate or future transfer of ownership, or any possessory
interest in land, including contract of sale, lease, devise, intestate succession, or other
transfer of an interest in a subdivision or part thereof, whether by metes and bounds or lot
and block description.
"Sanitary sewer systems" means all facilities, including approved on -site disposal
facilities, used in the collection, transmission, storage, treatment, or discharge of any
waterborne waste, whether domestic in origin or a combination of domestic, commercial
or industrial waste.
"School" means an institution primarily for academic instruction, public, private or
parochial, and accredited by the State Department of Education.
"School bus base" means an establishment for the storage, dispatch, repair, and
maintenance of coaches and other vehicles of a school transit system. Also see POMC
20.39.210.
"School district" means South Kitsap School District No. 402.
"School district support facility" means uses (excluding schools and bus bases) that are
required for the operation of a school district, including centralized kitchens, and
maintenance or storage facilities.
"Seasonal decoration" means temporary decorations for holidays which do not fall under
the definition of a sign. Decorations, which fall under the definition of a sign, must conform
to all provisions of the sign code.
"Senior" means a person aged 55 or older.
Sensitive Area. See "Critical areas."
"SEPA responsible official" means the development director, or such other person as the
development director has designated in writing to serve as the SEPA responsible official.
"Setback" means the minimum required distance between a structure or portion thereof
and a lot line of the lot on which it is located, or another line as described in a particular
section of this title. See POMC 20.40.020 for additional information.
"Shall" means the same as "must" herein, and is mandatory and imposes a requirement.
"Shared kitchen" means a kitchen that is used. intended, or designed to be used by
residents of multiple dwelling or sleeping units for preparing food simultaneously.
(1) Shared kitchens shall be subject to the following standards:
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(a)At least one shared kitchen shall be provided for every fifteen sleeping
units.
(b) At least one shared kitchen shall be provided on each floor that also
contains sleeping units.
"Shoreline jurisdiction" means the area extending landward for 200 feet in all directions as
measured on a horizontal plane from the ordinary high water mark; floodways and
contiguous floodplains areas landward 200 feet for such floodways, and all wetlands
associated with streams, lakes and tidal waters.
"Shoreline master program" means the shoreline master program for the city of Port
Orchard, and the use regulations, together with maps, diagrams, charts, or other
descriptive material and text, a statement of desired goals, and standards developed in
accordance with the policies enunciated in ROW 90.58.020.
Short Plat. See "Plat — Short plat."
"Short subdivision" means the division or redivision of land into nine or fewer lots, tracts,
parcels or divisions for the purpose of sale or lease.
"Should" means strongly advisable, unless the context clearly indicates otherwise.
"Single-family zones" means those zones where single-family detached residences are the
predominant land use. In Port Orchard the "single-family zones" are the residential 1 (R1)
and residential 2 (R2) districts as described in Chapter 20.34 POMC.
"Site area — Minimum" means the minimum or smallest amount of total site area in a single
ownership expressed in acres necessary to support development consistent with the
zoning district provisions of this code.
"Sixplex" means a residential building with six attached dwelling units.
"Sleeping unit" means an independently rented or owned and lockable unit that provides
living and sleeping space.
(1) Sleeping units shall be subject to the following standards:
(a A sleeping unit shall be no more than 300 square feet:
(b) Sleeping units may include kitchenettes but shall not include kitchens.
(c) Sleeping units must include a private bathroom.
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(d) All sleeping units must have access by interior or covered exterior
walkway to a shared kitchen.
(2) For the purposes of calculating density and required open space. a sleeping unit
counts as one quarter (1/4) of a dwelling unit.
(3) Sleeping units shall be treated as one-half (1/2) of a multifamily dwelling unit for
the purpose of calculating fees for sewer connections.
"Soil amendments" means materials added to soil to improve its physical or chemical
properties. Unlike fertilizers, the exact ingredients and chemical composition of soil
amendments vary among different sources. Examples could include compost, lime,
gypsum, and clay. Soil amendments can be used to improve the permeability and water
retention characteristics of soil.
"Specified sexual activities" means human genitalia in a state of sexual stimulation or
arousal; acts of human masturbation; sexual intercourse or sodomy; erotic fondling,
touching or display of human genitalia, pubic region, buttock, or female breast; peep
shows, topless dancing, and nude dancing.
"Stacked flat" means dwelling units in a residential building of no more than three stories
on a residential zoned lot in which each floor may be separately rented or owned.
"State" means the state of Washington.
"Stream" has the meaning established pursuant to Chapter RCW as currently
adopted or hereafter amended.
"Street" (including the words "avenue," "boulevard," "circle," "court," "drive," "lane," "loop,"
"parkway," "place," "road," "spur," "terrace," and "way") means:
(1) Any public way, either unimproved or improved, which affords the principal
means of access to abutting properties. A street width shall be considered the
distance between its right-of-way lines.
(2) A public or recorded private thoroughfare providing the main pedestrian and
vehicular access through neighborhoods and communities and to abutting property.
"Street block" means a group of lots or properties on the same side of a street between two
street intersections or a street intersection and a dead end.
"Street frontage" means the portion of a lot property line that abuts a public right-of-way.
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"Street standards" means the city of Port Orchard "Public Works Engineering Standards
and Specifications" (PWESS) for streets as adopted by ordinance of the Port Orchard city
council.
"Structure" means anything permanently constructed, walled, and roofed, including a gas
or liquid storage tank that is principally in or on the ground, or over the water, excluding
fences less than six feet.
"Subdivider" means any person, firm or corporation who subdivides or develops any land
deemed to be a subdivision.
"Subdivision" means the division or redivision of land into 10 or more lots, tracts, parcels,
sites or divisions for the purpose of sale or lease, or transfer of ownership, and includes all
resubdivision of land.
"Subdivision, unit lot" means the division of land into two or more contiguous buildable
lots, provided the parent lot meets all requirements for dimension, setbacks, building
types, density, open space, or any other applicable development standard set forth in this
title.
"Substantial development or improvement" means:
(1) Any repair, reconstruction, or improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure either:
(a) Before the improvement repair is started; or
(b) If the structure has been damaged and is being restored, before the
damage occurred. For the purposes of this definition, substantial
improvement is considered to occur when the first alteration of any wall,
ceiling, floor, or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the structure.
(2) The term does not, however, include either:
(a) Any project for improvement of a structure to complywith existing state or
local health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions; or
(b) Any alteration of a structure listed on the National Register of Historical
Places or a State Inventory of Historical Places.
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"Survey monument" or "monument" means the physical structure, along with any
references or accessories thereto, used to mark the location of a land boundary survey
corner, geodetic control point, or local control point.
"Surveyor" means a registered professional land surveyor licensed to practice surveying in
the state of Washington.
"System improvements" means public facilities that are included in the city's capital
facilities plan and are designed to provide service to areas within the city and community at
large, in contrast to project or on -site improvements. (RCW 82.02.090(9).)
"Testamentary" means given or bequeathed by a will.
"Tract" means a nonbuildable or buildable unit of land created by a subdivision, short
subdivision, deed, or other instrument recorded with the appropriate county recorder.
Tracts are usually held in common by the owners of an organization, such as a
homeowners' association, for common benefit and are not in every instance required to
meet minimum lot size and dimensional requirements of the applicable zone.
"Trails" means manmade pathways designed and intended for use by nonmotorized
transportation modes, including walking, biking, horseback riding, and/or recreational
uses.
"Transitional housing" means a facility that provides housing and supportive services to
homeless persons or families for up to two years and that has as its purpose facilitating the
movement of homeless persons and families into independent living.
"Transportation facilities" means capital facilities related to air, water or land
transportation.
"Transportation level of service standards" means a measure which describes the
operational condition of the travel stream and acceptable adequacy requirements, as
identified in the city's comprehensive plan (as required by RCW 36.70A.070(6)(b)).
"Transportation system management (TSM)" means low cost projects that can be
implemented in a short time frame designed to increase the efficiency of existing
transportation facilities. This also includes transit and/or ride -sharing measures to
decrease single -occupancy vehicle trips.
"Tree" means any woody plant characterized by one main stem or trunk and many
branches, or multi -stemmed trunks which have a diameter individually or cumulatively of
four inches DBH or larger.
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"Tree enhancement plan" means a plan prepared by a certified arborist, licensed
landscape architect, or certified forester and required of all commercial or industrial
properties greater than two acres in size when any tree removal or tree clearing takes place.
The tree enhancement plan shall combine tree preservation of existing trees to the extent
feasible, along with tree replacement and replanting equal to at least 15 percent of the
number of significant trees existing on the site prior to any tree removal. The tree
enhancement plan shall incorporate trees in as many areas as feasible, such as tree tracts,
boundary trees, perimeter landscaping, parking lot landscaping, street and driveway trees,
facade landscaping, or other viable stands of trees, considering the type of commercial or
industrial development.
"Tree inventory" means a detailed list of all trees of four inches DBH or larger, located on a
site for which a tree permit is required, and which is prepared by a certified arborist,
licensed landscape architect, certified forester, or other qualified tree professional. A tree
inventory shall be included on a site plan drawn to scale, and provide the number, size,
approximate height, specific location, and tree species of all trees of four inches DBH or
larger, with a summary of all significant trees in sufficient detail for the city to review.
"Tree owner" means the owner of the real property where 51 percent or more of the
diameter of the trunk of the tree at ground level is located.
"Tree topping" means the severe cutting back of limbs to stubs larger than three inches in
diameter within the tree's crown to such a degree so as to remove the normal canopy and
disfigure the tree.
"Tree, vegetation and soil protection area (TVSPA)" means a separate tract of land, which
may or may not be deeded as such, specifically set aside for the preservation of healthy
soil and the preservation or planting of existing and/or native vegetation and trees.
Stormwater retention/detention facilities, critical area buffers and other common areas
may be considered TVSPA if they currently, or are improved to an extent where they can,
support healthy soils and the growth of native vegetation and trees. The purpose of these
areas (for preserving healthy soils, preserving and/or planting native vegetation and trees) is
stated on the face of the plat when applicable.
"Triplex" means a residential building with three attached dwelling units.
"Townhouses" means buildings that contain three or more attached single-family dwelling
units that extend from foundation to roof and that have a yard or public way on not less
than two sides.
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"Ultimate roadway section" means a designation that the maximum roadway or
intersection capacity has been reached and further right-of-way acquisition and/or
improvements are not feasible to increase peak hour vehicle capacity.
"Understory" means the low layer of plants forming an underbrush or underwood.
"Unit density" means the number of dwelling units allowed on a lot or parent lot.
"Use — Principal" means the primary use for a lot, structure, or building or the major portion
thereof, as designated or actually used.
"Use — Secondary" means an incidental or accessory use for which a lot, structure or
building is designated or employed in conjunction with, but not subordinate to, its primary
use.
"Utilities" or "public utilities" means enterprises or facilities serving the public by means of
an integrated system of collection, transmission, distribution and processing facilities
through more or less permanent physical connections between the plant of the serving
entity and the premises of the customer. Included are systems for the delivery of natural
gas, electricity, telecommunications services and water, and for the disposal of sewage.
Also see POMC 20.39.260 and 20.39.270.
"Vacation rental" means a self-contained single-family residence including
condominiums, apartments and detached residences that may be rented by groups or
individuals. Not to be confused with hotels/motels or bed and breakfast facilities. Also see
POMC 20.39.345.
"Vegetation" means any and all organic plant life growing at, below or above the soil
surface.
"Wall, blank" means wall (including building facades and retaining walls) over 10 feet in
height, has a horizontal length greater than 15 feet, and does not include a transparent
window or door.
"Wall frontage" means the length of an outside building wall on a public right-of-way.
"Wall plane" means the flat vertical surface on a building facade, which may include doors,
windows, openings, or other incidental recessions that do not extend through to the
roof line.
"Wastewater treatment facility" means a plant for collection, decontamination, and
disposal of sewage, including residential, industrial, and agricultural liquid wastes, and
including any physical improvement within the scope of the definition of "water pollution
control facility" set forth in WAC 173-90-015(4) as amended. Also see POMC 20.39.480.
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"Waterwise plant" means a plant that requires regular water while being established.
However, once established, it will need less water than most traditional plants, but will not
necessarily withstand periods of drought.
"Wetland" or "wetlands" means areas that are inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, 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 to mitigate the conversion
of wetlands.
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Chapter 20.32
BUILDING TYPES
Sections:
20.32.005
Purpose.
20.32.006
Applicability.
20.32.007
Exceptions.
20.32.010
Building type descriptions.
20.32.015
Building type zoning matrix.
20.32.020
Detached house.
20.32.030
Backyard cottage.
20.32.035
Carriage house.
20.32.040
Cottage housing.
20.32.050
Duplex.
20.32.060
Stacked flat.
20.32.070
Triplex.
20.32.075
Fourplex.
20.32.080
Fiveplex.
20.32.085
Sixplex.
20.32.090
Townhouse.
20.32.100
Apartment.
20.32.105
Courtyard apartment.
20.32.107
Forecourt apartment.
20.32.110
Live -work.
20.32.120
Shopfront house.
20.32.130
Single -story shopfront.
20.32.140
Mixed use shopfront.
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20.32.150 General building.
20.32.160 Accessory building.
20.32.010 Building type descriptions.
(12) Apartment.
(a) A multifamily residential building type that accommodates five-seven_or more dwelling
units vertically and/or horizontally integrated.
(b) Zones where permitted: Refer to POMC 20.32.015(1).
(13) Courtyard Apartment.
(a) A middle housing building type that accommodates up to four attached dwelling units
arranged on two or three sides of a yard or court.
(b) Zones where permitted: Refer to POMC 20.32.015(1).
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Chapter 20.39
USE PROVISIONS
Sections:
Article I. Use Classifications and Table
20.39.010 Use classification.
20.39.020 Establishment of uses.
20.39.030 Use table key.
20.39.040 Use table.
Article II. Residential Uses
20.39.100 Household livin
20.39.110 Groua living.
20.39.120 Social services.
20.39.122 Secured high risk social service facilities.
Article III. Public and Civic Uses
20.39.200 Animal shelter.
20.39.210 Transit bus base (includes school bus bases
20.39.220 Transit park -and -ride lot.
20.39.230 Transfer station.
20.39.240 Civic uses.
20.39.250 Parks and open space.
20.39.260 Utilities.
20.39.270 Wireless telecommunication facilities.
Article IV. Commercial Uses
20.39.300 Automobile service station.
20.39.305 Day care facility.
148
20.39.310
Conference center.
20.39.315
Indoor recreation.
20.39.320
Commercial entertainment.
20.39.325
Medical uses.
20.39.335
Office uses.
20.39.340
Outdoor recreation.
20.39.345
Overnight lodging.
20.39.350
Parking.
20.39.355
Personal services.
20.39.360
Animal care (indoor).
20.39.365
Animal care (outdoor).
20.39.370
Restaurant.
20.39.375
Retail sales.
20.39.380
Business services.
20.39.385
Marina.
20.39.390
Fuel station.
Article V. Industrial
Uses
20.39.400
Heavy industrial uses.
20.39.410
Light manufacturing.
20.39.420
Research and development.
20.39.430
Resource extraction.
20.39.440
Vehicle service and repair.
20.39.450
Warehouse, storage and distribution.
20.39.460
Self storage (mini warehouse).
20.39.470
Storage yard.
20.39.480
Waste -related services.
149
Article VI. Agricultural Uses
20.39.500 Agriculture.
Article VII. Accessory Uses
20.39.600 Accessory dwelling units.
20.39.610 Drive -through facility.
20.39.615 Home occupation.
20.39.620 Home business.
20.39.625 Livestock keeping.
20.39.630 Outdoor display,
20.39.635 Outdoor storage.
20.39.640 Indoor self storage as accessory use to apartment buildings.
20.39.645 Vehicle service and repair accessory to residential uses.
20.39.650 Medical marijuana cooperatives.
20.39.660 Residential yard,garage, and estate sales.
20.39.670 Charitable auctions and rummage and jumble sales in residential zones.
Article II. Residential Uses
20.39.100 Household living.
(1) Defined. Residential occupancy of a dwelling unit by a household. Household living
includes the following:
(a) Single-family detached (including a new manufactured home);
(b) Accessory dwelling unit;
(c) Multifamily;
(d) Designated manufactured home, manufactured home or mobile home
(excluding a new designated manufactured home);
(e) New designated manufactured home;
(f) Manufactured or mobile home park;
(g) Group home;
150
(h) Adult family home; and
(i) Middle housing.
(2) Single -Family Detached. One dwelling unit in a single principal structure; may also
contain an accessory dwelling unit(s) consistent with the requirements of Chapter 20.68
POMC in an attached accessory apartment or a backyard cottage. A new manufactured
home shall be treated as a single-family detached home for the purposes of this chapter.
(3) Two -Family. Two dwelling units in a single principal structure.
(4) Single -Family Attached. Two or more dwelling units where each unit is attached;
includes middle housing building types at the unit densities prescribed in Chapter 20.34
POMC and the applicable building type in POMC 20.32.015.
(5) Multifamily. f=ive -Seven or more dwelling units in a single principal structure that do not
meet the definition of single-family attached in subsection (4) of this section, or the
definition of middle housing as defined in POMC 20.12. As part of a mixed-use,
multifamily is allowed as a use and located as described in the specific building type. 1 r
purposes of this section. when incorporated within a mixed -use building. a multifamily
residential use shall be deemed to consist of two (2) or more dwelling units and located as
described in the specific building type. A lobby or other entrance is allowed on the ground
floor.
(6) Designated Manufactured Home, Manufactured Home or Mobile Home. Designated
manufactured homes, manufactured homes or mobile homes (excluding new designated
manufactured homes) shall only be permitted within an existing manufactured or mobile
home park.
(7) Medical Marijuana Cooperative.
(8) Manufactured or Mobile Home Park. A cluster of manufactured or mobile homes
configured such that more than one mobile home is located on a lot, parcel, or tract. A
manufactured or mobile home park typically features land or unsubdivided lots leased or
rented by the manufactured home owner. New manufactured or mobile home parks are not
permitted in the city. Existing manufactured or mobile home parks may be maintained
insofar as the individual homes within a manufactured or mobile home park may be
swapped out, but the number of manufactured homes in the manufactured home park may
not be increased.
(9) Group Home.
151
(a) A dwelling unit containing up to eight unrelated persons who are mentally or
physically impaired who are protected under the Fair Housing Act, along with
support or supervisory personnel or family members who may reside at the facility.
(b) The term mental or physical impairment includes conditions such as blindness,
hearing impairment, mobility impairment, HIV infection, mental retardation,
alcoholism, drug addiction, chronic fatigue, learning disability, head injury, and
mental illness.
(c) Current users of illegal controlled substances, persons convicted for illegal
manufacture or distribution of a controlled substance, sex offenders, and juvenile
offenders are not considered mentally or physically impaired under the Fair Housing
Act.
(d) The Fair Housing Act affords no protections to individuals with or without
disabilities who present a direct threat to the persons or property of others.
Determining whether someone poses such a direct threat must be made on an
individualized basis, however, and cannot be based on general assumptions or
speculation about the nature of a disability.
(10) Adult Family Home. A dwelling, licensed by the state of Washington, in which a person
or persons provide personal care, special care, room and board to more than one but not
more than six adults who are not related by blood or marriage to the person or persons
providing the service. (Ord. 008-25 § 8 (Exh. G); Ord. 011-19 § 4 (Exh. 1)).
20.39.110 Group Living.
(1) Defined. Residential occupancy of a structure by nine or more people that does not
meet the definition of household living. Generally, group living facilities have a common
eating area for residents, and residents may receive care or training. Group living includes
the following:
(a) Assisted living facility;
(b) Boarding house, rooming house, or lodging house;
(eb) Congregate care facility;
(d) Dormitory;
(ec) Hospice;
(fd) Monastery or convent;
(ge) Nursing or care home;
152
(rf) Independent living facility; and
(tg) Skilled nursing care facility. (Ord. 008-25 § 8 (Exh. G); Ord. 011-19 § 4 (Exh. 1)).
20.39.115 Co -living.
(1) Defined. Residential occupancy of a structure with sleeping units that are
independently rented or owned and lockable and provide living and sleeping space with
residents sharing kitchen facilities with other sleeping units in the building. Co -living may
include the following:
(a) Boarding house. rooming house. or lodging house:
(b) Dormitoryand
(c) Congregate living facility
153
20.39.040 Use table.
(Gray shading separates categories into residential, commercial and industrial, and civic/parks.)
Use Category
Specific Use
R1
R2
nn
Residential Uses
All household living,
as listed below:
Single-family
P
P
detached (including
new manufactured
homes)
Designated
--
--
manufactured home,
manufactured or
mobile home (except
for new designated
manufactured
homes)
New designated
P
P
manufactured home
Accessory dwelling
P
P
unit
P ----P P -- -- -- P ---------------------------------20.39.100
P --------- -- -- -- -- -----------------20.39.100
P 11 ` P P P ----------------------------------20.39.100
P ----P-- P -- -- -- P ----PP ------------20.68
154
Use Category
Specific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
Single-family P P P ------P P P-----------20.39.100
attached (2 units) —
Single-family
P
P
P
P
P P
P P P
P
--
P
attached (3 units)
----------------------20.39.100
Single-family -- -- P P P -- -- -- -- -- -- --
attached (4 units) -----
Single-family -- -- P P P -- P P P P P P P -- P ----------------------20.39.100
attached (5 units)
Single-family P P P -- -- -- --
attached (6 units) -- ------
Multifamily( or -- -- P P P -- P P P P P P P -- P ---------------------20.39.100
more units) 20.39.100 (5)
Manufactured or ------------ -- -- -- - -- -- -- -- -- -- -- 20.39.100
mobile home park
Co -living �I � P -- P -- -- '0.39.115
Boarding house�nnnn --
155
Use Category
Specific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
Congregate living
facilities
Indoor emergency ---------------C C C -- -- C C -- -- -- -- -- --
housing
Indoor emergency ------------------------------C C C -- -- C C -- -- -- -- -- --
shelter
C
C
C
C
C
C
C
C
C
C
P
C
C
C
supportive housing
111111
Transitional housing C C C C ��c
C C C C C C C C C
Lodging housec c r ------
Group home (up to 8 P P P P P P P P -- -- -- P --------------20.39.100
residents), except as
follows:
Adult family home P P P P P P -- -- -- P -- -- 20.39.100 -------All group living (9 or -----C C -- P C P C -- P P-------------20.39.110
more residents)
Social services P P P P P 120.39.120
facilities
156
Use Category
Specific Use
R1
R2
Secured high risk
--
--
social services
facilities
Public Uses
All civic uses, as
listed below:
Community college,
--
--
university, trade or
technical school
(8,000 square feet or
less)
Community college,
--
--
university, trade or
technical school
(more than 8,000
square feet)
Club or lodge
Public use
--
Museum, library
��--
I--
--
PF
Definition/Standards
--
20.39.122
20.39.240
C
20.39.240
20.39.240
P
20.39.240
P
20.39.240
157
Use Category
Place of worship C C C C C -- -- P -- P P P ------------------P --
School (K-12) ------------- -- -- -- ----------C --
Jailordetention ------------------ -- -- -- -- --------------CC C --
center
lot
Transfer station ---------------- -- -- -- ---------- P -- --
Transitbus base ----------- -- -- -- -- --------------P P -- --
All open space and
park uses, as listed
below:
Cemetery C----------------------------o
Golfcourse C C C ---------- -- -- -- C ----------------P
Park, recreation field --------- P P P P -----P
below: as Listed HHHHU H___
Minor utilities P P P P P P P P P P P L�nrnffpF
PF
Definition/Standards
--
20.39.240
J20.39.240
C
20.39.240
P
20.39.220
P
20.39.230
P
20.39.210
J20.39.250
J20.39.250
P
20.39.250
P 20.39.260
158
Use Category
Specific Use
R1
R2
Major utilities
--
--
Wireless
telecommunication
facilities, as listed
below:
Amateur radio
P
P
operator tower
Small cell wireless
P
P
telecommunication
facility
Wireless
C
C
telecommunication
tower (excludes
small cell facilities)
Commercial Uses
P�
All day care, as listed
below:
Family day care (6
P
P
children or fewer)
]R3R4 R5 GB RMU NMU CMU DMU GMU IBP m u
CC CH IF ]LIHI CI PR PF Definition/Standards
II-- IIP IIP Op Op IIP II-- O 020.39.260
P P ,o3sz,o
P P P P P P P P P P P P P P P P P P 20.39.270
P ----P -- -- -- -- -- P -------------------20.39.305
159
Use Category
Specific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
Group day care (mini C C C -- -- C C P P -- P P P ----------20.39.305
day care) (7 to 12) ---
Day care center (13 C C C P C P P ---------------------------20.39.305
or more) -------------
All indoor recreation, ------------C P C P -- P P ------------------C --
except as listed
below: -----� -��
Shooting range --------- -- --------------C C -- - 20.39.315
Special event facilityIHH--
-C C C C C C C ��C- C C C 20.39.315
Commercial ----------------- P P P P P P P --------------------
entertainment,
except as follows: — -- -----
Adult entertainment C C --------------20.39.320
All outdoor --------------C C C P -- PP -----CC
recreation, except as
WHWH H_WI___
listed below:
Campground, travel C C 20.39.340
trailer park, RV park
160
Use Category
Specific Use
R1 R2 R3 R4 R5 GB RMU
NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
(does not include
mobile home park)
C 20.39.340
Horse stable, riding
------------C
academy, equestrian
center
20.39.340
-- C C -- C C CCC C C C 20.39.385
Shooting range ---------C
Marina (upland
----------------
areas)
All overnight lodging,
as listed below:
PP P P P P P
P P P P P
Level1: Vacation
rentals or similar
short-term
----20.39.345
house/room rentals
C C C
P P
Level 2: Bed and
breakfast (up to 7
HHC
WLLW20.39.345
rooms)
- 20.39.345
Level 3: Motel _flflflflflft_nrrrnm
Level 4: Hotel
I
I
I
II
I
P
P
P
flP
h
hi--
--
--
--
20.39.345
161
Use Category
Specific Use
R1
--
R2
--
All medical, except
as listed below:
[T]
Hospital
--
All office, except as
listed below:
Bail bonds
Surface parking:
--
--
commercial parking,
commuter lease
parking or park and
ride, remote parking
--
--
Commercial parking
garage — standalone
P
P
Electric vehicle
charging stations
All personal service,
--
except as listed
below:
Funeral home
--
--
-- C C P P P P P --------P
-- -- -- -- C C C C ------------------C 20.39.325
C C P P P P P P P --------------------
-- C C C C P P -------------------------20.39.335
-- C C C C PP P ------------------C20.39.350
C C P C P P P P C --------------------
iHU H____________
LLtLW20.39.355
162
Jse Category
ipecific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
;rematorium ----------P P P P P P- - 20.39.355
knimal shelter or -------I I I Pc Pc Dc Dc Pc Dc II-- IIC 120.39.230
adoption center
ndooranimalcare
care
Outdoor animal care
Business services
Conference center
All restaurants
except as listed
below:
Food truck
All retail sales, as
listed below:
P
P P ---------------------20.39.360
lII�I�I�I�I�IIaIlallallallallallllllIIIIIIE
Zetail establishment -- -- --
up to 5,000 gross
loor area)
lsl�Ilallallallallallalllllllllillm
163
Jse Category
ipecific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI
ietail establishment -------------------------------- P P P -- P P P --
5,001 - 15,000 gross
loor area)
Retail establishment
(15,001 - 50,000
gross floor area)
Retail establishment
(over 50,000 gross
floor area)
Fireworks sales in
accordance with
Chapter 5.60 POMC
Recreational
marijuana sales
Convenience store
with fuel pumps
- II-- II-- II-- II-- II-- II-- II-- II-- II-- lip II-- lip lip lip II--
I=II1Im
P OP II--
- II-- II-- II-- II-- II-- II-- II-- II-- II-- II-- II-- lip lip II-- lip
convenience store C C C -- --
without fuel pumps-------
=uel station,
-------------------------------- -- -- --
ncluding fuel pumps
CII--
MIiii2
C 0 --OP
HI
CI
PR
PF
Definition/Standards
20.39.375
20.39.375
20.39.375
20.64; 20.39.375
20.39.375
20.39.375
164
Use Category
Specific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
and fuel sales,
without convenience
store
Automobile service -------------------------------- -- -- -- -- -- C -- P ------------------20.39.300
station
All vehicle and
tool/construction
equipment sales and
rental, as listed
below:
Light vehicle and --------- -- -- -- -- --P P P -----------20.39.375
light tool or
construction
equipment sales and
rental
Heavyvehicle and -----------------P P P P --------------20.39.375
heavy tool or
construction
equipment sales and
rental
165
Use Category
Specific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
All vehicle service
and repair, as listed
below: -----
Car wash ------------P P P ----------------------20.39.440
Vehicle service and --------- -- -- -- -- P P P P-----------------20.39.440
repair, minor ----- —
Vehicle service and --------- -- -- -- -- --P P P P--------------20.39.440
repair, major ----- — Vehicle service and --------- -- -- -- -- -- --P P P --------------20.39.440
repair, commercial
vehicle
Industrial Uses P
II All heavy industrial ---------------- P 20.39.400
All light -- -- -- -- -- -- -- PPP -- -- --
manufacturing,
except as listed
below:
Commercial laundry, -------------PP=--20.39.410
dry cleaning or
166
Use Category
Specific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
carpet cleaning
facility
Brewery, distillery ------------P P P -- -- -- -- -- --
under 5,000 square
feet
Brewery, distillery -------------------------------- -- C C -- C P P -- -
5,001 -15,000
square feet
Brewery, distillery ------------------ -- -- -- -- ---------- -- -- P P ------------
over 15,000 square
feet
Craft shop HHH--
P P P P P PP PPP --------------20.39.410
Food and beverage --------P P P P P -- P P P P P -20.39.410
processing, boutique
(area used for
processing less than
3,000 square feet)
Food and beverage --------------------------------P P P P -------------20.39.410
processing,
industrial
167
Use Category
Specific Use
R1
R2
Recreational
--
--
marijuana
production
All research and
--
--
development
Resource extraction
- mining, dredging,
raw mineral
processing, except:
Timber harvesting in
--
--
the absence of
concurrent
development
--
--
Sand and gravel
mining
Stockpiling of sand,
--
--
gravel or other
aggregate materials
Sheet metal,
--
--
welding, machine
]EELTC P P P o ,o3s<,o
168
Use Category
Specific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
shop, tool and
equipment
manufacturing,
vehicle painting
facility
All warehouse, C C C C C ------------
--------------- -- -- -- -
storage and
distribution, as listed
below: -----� -�-�� —
Enclosed storage ---------P PPP P J20.39.450
Self-service storage, ----------- C C C C 20.39.460
mini -warehouse
Storage yard ------------- -- -- -- -- C C P P -- P J20.39.470
All waste -related -------------------------------- -- -- -- - ------------------C -- -- P 20.39.480
service, including
wastewater
treatment facilities,
decant facilities and
recycling centers
Agricultural Uses
169
Use Category
Specific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
All agriculture, as
listed below: ---
Agricultural -------------------------------- -- -- -- -- -- -- C P P --------------20.39.500
processing,
excluding marijuana
processing ----- —
Community garden P P P P P -- P P P P P 120.39.500
Nursery P P P P------------------20.39.500
Winery C C C C P P P P-------------------20.39.500
Accessory Uses �----
Accessory uses not
otherwise listed
below, as
determined by the
administrator: LJWW i I U U I U U U
Accessory dwelling
units, as listed
__WflTh_________________________________________________________________________________
below:
170
Use Category
Specific Use
R1
R2
Accessory
P
P
apartment (attached
dwelling)
Backyard cottage
P
P
dwelling
Drive -through facility
Home occupation
P
P
Home business
P
P
Livestock keeping
P
P
Outdoor display
--
--
Outdoor storage as
listed below:
Low -impact
High -impact
II
I
Self storage as
-
-
accessory use to
apartment building
p -- -- p -- -- -- -- -- P -----------------------------------20.39.600, 20.68
P P P ---------------------------------20.39.600
P PP ,o�ss,o
PPFP�P�PF-Flr_�r]P
P ---------------------------------20.39.620
P P P P P P PPP_ _,°3493°
oPPPP _ __
PPP ,o3s63=
-- P P -- -- -- -- -- -- ------------------ 20.39.640
171
Use Category
Specific Use R1 R2 R3 R4 R5 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards
Vehicle service and P P --------------P -- -- -- -- -- -- P P --------------------------20.39.645
repair, accessory to
a residential use ---- Park as accessory P P P P P -- P P P P P P -- -- -- -- -- -- -- --
use to residential
development ---- Medical marijuana P P P P P P P P P P P P P P P P 20.64; 20.39.100
cooperative Key: P = Permitted Use C = Conditional Use -- = Use Not
Permitted
' When part of a mixed -use building, multifamily may consist of two (2) or more dwelling units.
172
20.124.140 Parking quantities.
(1) Vehicle parking minimum quantities shall be provided in accordance with Table
20.124.140. Nothing in Table 20.124.140 precludes development from providing more off-
street parking than the minimum required.
(2) With the exception of accessible parking spaces as required by the Americans with
Disabilities Act, minimum parking requirements are not required for the following activities:
(a) A building undergoing a change of use from a nonresidential to a residential use or a
change of use for a commercial use;
(b) Residential dwelling units with a GFA equal to or less than 1,200 square feet;
(c) Commercial spaces with a GFA less than 3,000 square feet;
(d) Affordable housing;
(e) Senior housing;
(f) Facilities which serve alcohol;
(g) Child care centers as defined in RCW 43.216.010 that are licensed or certified by the
Department of Children, Youth, and Families;
(h) Ground level nonresidential spaces in mixed use buildings;
(3) Bicycle parking minimum quantities shall be provided in accordance with Table
20.124.140. In no case is a single use required to provide more than 24 bicycle parking
spaces.
Table 20.124.140
Land Use
Minimum Parking Minimum Bicycle Parking
Requirement Requirement
Residential Uses
Single-family residential dwellings
0.5 stall per dwelling unit
None required
(equal to or greater than 1,200 sq.
ft. GFA)
Multifamily residential dwellings
0.5 stall per dwelling unit
0.25 per dwelling unit
(equal to or greater than 1,200 sq.
ft. GFA)
173
Table 20.124.140
Land Use
Minimum Parking
Minimum Bicycle Parking
Requirement
Requirement
Multifamily residential dwellings
0 stall per dwelling unit
0.25 per dwelling unit
(less than 1,200 sq. ft. GFA)
Co -living
0.25 stall per sleeping
1 per 16 sleeping units
unit'
Public Uses
All civic uses, except as listed
1 stall per 300 square
5% of provided vehicle parking
below:
feet office
with a minimum of 3 spaces
Community college, high school,
1 stall per classroom
5% of provided vehicle parking
university, trade or technical
and 1 stall per 5
with a minimum of 10 spaces
school
students
Elementary, middle, or junior high
1 stall per classroom
5% of provided vehicle parking
school
and 1 stall per 50
with a minimum of 10 spaces
students
Club or lodge
1 stall per 3 fixed seats
5% of provided vehicle parking
with a minimum of 3 spaces
Place of worship
1 stall per 3 fixed seats
5% of provided vehicle parking
with a minimum of 3 spaces
All open space and park uses,
5% of provided vehicle parking
except as listed below:
with a minimum of 10 spaces
Golf course
1 stall per hole
None required
All utilities
No min.
None required
Commercial Uses
All day care 0 stalls
None required
174
Table 20.124.140
Land Use
Minimum Parking
Minimum Bicycle Parking
Requirement
Requirement
Commercial spaces (equal to or
1 stall per 1,000 sq. ft. of
5% of total minimum off-street
greater than 5,000 sq. ft. GFA)
GFA
parking requirement
(minimum 3)
Industrial Uses
All light manufacturing
1 stall per 1,000 square
5% of total minimum off-street
feet
parking requirement
(minimum 3)
All research and development
1 stall per 1,000 square
5% of total minimum off-street
feet
parking requirement
(minimum 3)
All warehouse, storage and
1 stall per 1,000 square
5% of total minimum off-street
distribution
feet
parking requirement
(minimum 3)
No off-street parking shall be required within one-half (1/2) mile walking distance of a
maior transit stop as defined in POMC 20.12
175
CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 1998
Chapter 180, Laws of 2024
68th Legislature
2024 Regular Session
CO -LIVING HOUSING
EFFECTIVE DATE: June 6, 2024
Passed by the House March 4, 2024
Yeas 97 Nays 0
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate February 22,
2024
Yeas 44 Nays 4
DENNY HECK
President of the Senate
Approved March 19, 2024 9:46 AM
JAY INSLEE
Governor of the State of Washington
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED SUBSTITUTE HOUSE BILL
1998 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
FILED
March 19, 2024
Secretary of State
State of Washington
176
ENGROSSED SUBSTITUTE HOUSE BILL 1998
AS AMENDED BY THE SENATE
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By House Housing (originally sponsored by Representatives Gregerson,
Sarkis, Leavitt, Rule, Ryu, Reed, Morgan, Fitzgibbon, Berry, Duerr,
Bronoske, Ramos, Ramel, Bateman, Peterson, Chambers, Taylor, Simmons,
Ormsby, Graham, Callan, Macri, Donaghy, Doglio, Mena, Nance,
Riccelli, Cortes, Santos, Pollet, and Davis)
READ FIRST TIME 01/15/24.
1 AN ACT Relating to legalizing inexpensive housing choices through
2 co -living housing; adding a new section to chapter 36.70A RCW; and
3 creating a new section.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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NEW SECTION. Sec. 1. (1) The legislature makes the following
findings:
(a) Washington state is experiencing a housing affordability
crisis;
(b) Co -living housing is a type of housing that can provide
rental homes affordable to people with moderate to low incomes
without requiring any public funding, and rents in newly constructed,
market -rate co -living housing in the Puget Sound region can be
affordable to people with incomes as low as 50 percent of area median
income;
(c) Co -living housing is a residential development with sleeping
units that are independently rented and provide living and sleeping
space, in which residents share kitchen facilities with residents of
other units in the building;
(d) Co -living housing historically provided a healthy inventory
of rental homes on the lowest rung of the private housing market,
comprising up to 10 percent of housing in some cities;
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(e) Starting in the mid -20th century, local governments began
adopting restrictive zoning and other rules that increasingly
prohibited co -living housing, or made it impractical to build or
operate, and its numbers plummeted;
(f) Today, many cities and counties outright prohibit co -living
housing on most of their residential land, or they enforce any number
of restrictions that make it effectively impossible to build new co -
living housing or to convert existing buildings into co -living
housing;
(g) Co -living housing provides options for people who:
(i) Wish to lower their housing expenses by paying less for a
smaller home;
(ii) Prefer a living arrangement with shared community spaces
that facilitate social connections;
(iii) Wish to trade off location for space and, by living in a
small home, also get to live in a high opportunity neighborhood they
could not otherwise afford; or
(iv) Want a low-cost, more private alternative to having a
roommate in a traditional rental;
(h) Many communities throughout Washington face a severe shortage
of workforce housing, and co -living housing provides housing
affordable to that income range and below, without public funding;
(i) Co -living housing reduces pressure on the limited amount of
publicly funded affordable housing by providing housing that is
affordable to lower income residents who might otherwise wait years
for subsidized housing;
(j) Co -living housing works best for single -person households,
but the housing for singles that it provides reduces demand for
family -sized rentals from singles who would otherwise group together
to rent large homes;
(k) Co -living housing provides a good option for seniors,
especially those who want to downsize, or those who desire a living
arrangement that is more social than a standard apartment. When
located in walkable neighborhoods, co -living housing gives mobility
options to seniors who can no longer drive;
(1) Co -living housing is well -suited for the conversion of office
buildings to housing, because it typically requires less plumbing and
fixtures for kitchens and bathrooms;
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(m) Co -living housing is well -suited for very low-income people,
supportive and recovery housing, and "housing first" homes for the
formerly homeless;
(n) State building codes have established minimum sizes and other
standards to ensure that co -living housing meets modern health and
safety standards;
(o) Creating co -living housing near transit hubs, employment
centers, and public amenities can help the state achieve its
greenhouse gas reduction goals by increasing walkability, shortening
household commutes, curtailing sprawl, and reducing the pressure to
develop natural and working lands; and
(p) Co -living housing, because the units are small, is inherently
more energy efficient than standard apartments, both saving residents
money and reducing the state's energy demand.
(2) Therefore, the legislature intends to allow the creation of
co -living housing as a means to address the need for additional
affordable housing options for a diversity of Washington residents.
NEW SECTION. Sec. 2. A new section is added to chapter 36.70A
RCW to read as follows:
(1) Cities and counties planning under this chapter must allow
co -living housing as a permitted use on any lot located within an
urban growth area that allows at least six multifamily residential
units, including on a lot zoned for mixed use development.
(2) A city or county subject to the provisions of this section
may not require co -living housing to:
(a) Contain room dimensional standards larger than that required
by the state building code, including dwelling unit size, sleeping
unit size, room area, and habitable space;
(b) Provide a mix of unit sizes or number of bedrooms; or
(c) Include other uses.
(3)(a) A city or county subject to the provisions of this section
also may not require co -living housing to:
(i) Provide off-street parking within one-half mile walking
distance of a major transit stop; or
(ii) Provide more than 0.25 off-street parking spaces per
sleeping unit.
(b) The provisions of (a) of this subsection do not apply:
(i) If a city or county submits to the department an empirical
study prepared by a credentialed transportation or land use planning
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expert that clearly demonstrates, and the department finds and
certifies, that the application of the parking limitations of (a) of
this subsection will be significantly less safe for vehicle drivers
or passengers, pedestrians, or bicyclists than if the jurisdiction's
parking requirements were applied to the same location. The
department must develop guidance to assist cities and counties on
items to include in the study; or
(ii) To portions of cities within a one -mile radius of a
commercial airport in Washington with at least 9,000,000 annual
enplanements.
(4) A city or county may not require through development
regulations any standards for co -living housing that are more
restrictive than those that are required for other types of
multifamily residential uses in the same zone.
(5) A city or county may only require a review, notice, or public
meeting for co -living housing that is required for other types of
residential uses in the same location, unless otherwise required by
state law including, but not limited to, shoreline regulations under
chapter 90.58 RCW.
(6) A city or county may not exclude co -living housing from
participating in affordable housing incentive programs under RCW
36.7 0A. 540.
(7) A city or county may not treat a sleeping unit in co -living
housing as more than one -quarter of a dwelling unit for purposes of
calculating dwelling unit density.
(8) A city or county may not treat a sleeping unit in co -living
housing as more than one-half of a dwelling unit for purposes of
calculating fees for sewer connections, unless the city or county
makes a finding, based on facts, that the connection fees should
exceed the one-half threshold.
(9) (a) A city or county subject to the requirements of this
section must adopt or amend by ordinance and incorporate into their
development regulations, zoning regulations, and other official
controls the requirements of this section to take effect no later
than December 31, 2025.
(b) In any city or county that has not adopted or amended
ordinances, regulations, or other official controls as required under
this section, the requirements of this section supersede, preempt,
and invalidate any conflicting local development regulations.
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(10) Any action taken by a city or county to comply with the
requirements of this section is not subject to legal challenge under
this chapter or chapter 43.21C RCW.
(11) For the purposes of this section, the following definitions
apply:
(a) "Co -living housing" means a residential development with
sleeping units that are independently rented and lockable and provide
living and sleeping space, and residents share kitchen facilities
with other sleeping units in the building. Local governments may use
other names to refer to co -living housing including, but not limited
to, congregate living facilities, single room occupancy, rooming
house, boarding house, lodging house, and residential suites.
(b) "Major transit stop" means:
(i) A stop on a high capacity transportation system funded or
expanded under the provisions of chapter 81.104 RCW;
(ii) Commuter rail stops;
(iii) Stops on rail or fixed guideway systems, including
transitways;
(iv) Stops on bus rapid transit routes or routes that run on high
occupancy vehicle lanes; or
(v) Stops for a bus or other transit mode providing actual fixed
route service at intervals of at least 15 minutes for at least five
hours during the peak hours of operation on weekdays.
Passed by the House March 4, 2024.
Passed by the Senate February 22, 2024.
Approved by the Governor March 19, 2024.
Filed in Office of Secretary of State March 19, 2024.
--- END ---
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ESHB 1998.SL 181