1784 - Ordinance - Critical AreasNOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their
regular Council meeting held December 13, 1999.
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ADOPTS, IDENTIFIES AND PROTECTS
CRITICAL AREAS AS REQUIRED BY THE GROWTH
MANAGEMENT ACT OF 1990 (Chapter 17, Laws of 1990).
Copies of Ordinance No: 1784 are available for review at the office of the City
Clerk of the City of Port Orchard. Upon written request a statement of the full text
of the Ordinance will be mailed to any interested person without charge. Thirty
days after publication, copies of Ordinance No. 1784 will be provided at a nominal
charge.
City of Port Orchard
a,& rku-"-
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
December 22, 1999
,
ORDINANCE NO. 1784
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, TO
ADOPT, IDENTIFYAND PROTECTCRITICAL AREAS AS REQUIRED BY
THE GROWTH MANAGEMENTACT OF 1990 (Chapter 17, Laws of 1990).
WHEREAS, the purpose of this ordinance supplements the development requirements
contained in the various chapters of the city of Port Orchard zoning ordinance by providing for additional
controls and measures to protect critical areas. This ordinance is adopted under the authority of Chapter
36.70A RCW, Chapter 36.70 RCW and the Port Orchard Municipal Code, now or hereafter amended, and
WHEREAS, it is the goal of the city of Port Orchard that the beneficial functions of critical
areas be preserved, and potential dangers or public costs associatedwith the inappropriate use of such areas
be minimized by reasonable regulation of uses within, adjacent to or directly affecting such areas, for the
benefit of present and future generations, and
WHEREAS, to implement the purpose and goal stated above, it is the intent of this ordinance
to accomplish the following, now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHIINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
CHAPTER ONE: INTRODUCTORY AND APPROVAL PROCEDURES
SECTION 1. Policy Goals.
(1) Conserve and protect the environmental factors that add to the quality of life for
residents of both Kitsap County and the city of Port Orchard.
(2) Protect the public against avoidable losses from maintenance and replacement of
public facilities, property damage, costs of publicly subsidizing mitigation of avoidable
impacts, and costs for public emergency rescue and relief operations.
(3) Identify critical areas and their environmental functions.
(4) Protect critical areas and their functions by regulating use and management within
these areas and adjacent lands.
(5) Preserve the habitat, water quality, and water quantity functions and values of
wetlands.
(6) Protect water quality by controlling erosion and carefully siting uses and activities,
which can detrimentally affect stream Bows or aquatic habitat quality.
(7) Guide development proposals to the most environmentally suitable and stable portion
of a development site.
(8) Avoid potential damage due to geological hazards or flooding.
(9) Preserve natural flood control and stormwater storage.
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(10) Maintain groundwater recharge and prevent the contamination of groundwater.
(11) Prevent cumulative adverse environmental impacts to water, wetlands, fish and
wildlife habitats, frequently flooded areas, geologically hazardous areas, and aquifer recharge
areas.
(12) Whenever mitigation is required, restoration and enhancement of previously
impacted critical areas and their buffer is preferred.
SECTION 2. Applicability.
(1) The city of Port Orchard shall root grant any permit, license or other development
approval to alter the condition of any land, water, or vegetation, or to construct or alter any
structure or improvement, nor shall any person alter the condition of any land, water or
vegetation, or constructor alter any structure or improvement, for any development proposal
regulated by this ordinance, except in compliance with the provisions of this ordinance.
Failure to comply with the provisions of this ordinance shall be considered a violation and
subject to enforcement procedures as provided for in this ordinance.
(2) This chapter applies to all uses and activities within areas or adjacent to areas
designated as regulated critical areas unless otherwise exempt. The following permits and
approvals shall be subject to and coordinate with the requirements of this chapter: clearing
and grading; site plan approval; subdivision or short subdivision; building permit; planned
residential development; shoreline substantial development; variance; conditional use permit;
certain forest practice permits (Class IV General, Class III Conversion Option Harvest Plans);
other permits leading to the development or alteration of land; and rezones if not combined
with another development permit.
(3) Non -project actions including, but not limited to, rezones, and the adoption of plans
and programs, shall be subject to critical area review.
(4) This chapter does not require any permit in addition to those otherwise required by
city ordinances. This ordinance is an overlay to the zoning ordinance; while it does not
require any additional permits, activities regulated by the zoning ordinance are also subject
to critical area requirements.
(5) The development standards and other requirements of this section shall be applied
to uses and activities for any permit review or approval process otherwise required by city
ordinances.
(6) Uses and activities in critical areas or their buffers for which no permit or approval
is required by any other city ordinance remain subject to the development standards and
other requirements of this chapter. While this chapter does not require a review or approval
process for such uses and activities, they remain subject to the ordinance.
(7) For the purpose of this ordinance the area of review is defined as the critical area
and area within 200 feet of a critical area. This defines the area of review only. Refer to
Chapters 2 through 6 for specific development standards.
• • Ordinance No. 1784
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SECTION 3. Relationship To Other City Regulations. When any provision of any other
chapter of another Port Orchard ordinance conflicts with this ordinance, that which provides the most
protection to the critical area, as determined by the department, shall apply.
Applications for permits and approvals are subject to the provisions of this ordinance and
other ordinances and laws, which include, but are not limited to the following:
(1) The Uniform Building Code, pursuant to RCW 19.27, 43.22, and portions of RCW
36.70A, 84.56 and 70.77, as adopted by the city of Port Orchard. The Building Code
regulates construction, essential elements of buildings, and site development such as grading
and building location;
(2) City of Port Orchard Ordinance No. 1702 and RCW 58.17 concerning subdivisions;
(3) City of Port Orchard Ordinance No. 1702 concerning short -plats;
(4) RCW 90.58, the Shoreline Management Act, the city of Port Orchard Shoreline
Management Master Program, concerning development on shorelines;
(5) Bremerton-Kitsap County Health District ordinances and regulations regarding
sewage disposal, and other health matters:
(6) City of Port Orchard Resolution No. 1844, relating to procedures for Land Use
Decisions;
(7) RCW 36.70A, Growth Management Act;
(8) City of Port Orchard Enforcement Ordinance No. 1731;
(9) City of Port Orchard SEPA Ordinance No. 1774;
(10) City of Port Orchard Stormwater Ordinance 1736; and,
(11) City of Port Orchard Zoning Ordinance 1748; and,
(12) City of Port Orchard Flood Damage Prevention Ordinance No. 1436.
SECTION 4. General Exemptions. The following activities are exempt from the
requirements of this ordinance:
(1) Emergencies that threaten the public health, safety and welfare. An "emergency"
is an unanticipated and immediate threat to public health, safety, or the environment, which
requires action within a time too short to allow compliance with this ordinance.
(2) Pre-existing and ongoing agricultural activities on lands containing critical areas. For
the purpose of this, existing and ongoing means that the activity has been conducted within
the past five years.
(3) Normal and routine maintenance and operation of pre-existing retention/detention
facilities, bioswales, and other stormwater management facilities, irrigation and drainage
ditches, farm ponds, fish ponds, manure lagoons, and livestock water ponds, provided that
such activities shall not involve conversion of any wetland not currently being used for such
activity.
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(4) Structural alterations to buildings, permitted under the underlying city ordinance,
which do not after the structural footprint or introduce new adverse impacts to an adjacent
critical area.
(5) Normal and routine maintenance or repair of existing utility structures within a
right-of-way or existing utility corridor or easements, including the cutting, removal and/or
mowing of vegetation above the ground.
(6) Forest practices conducted pursuant to RCW 76.09, except Class IV (general
conversions) and Conversion Option Harvest Plans (COHP).
SECTION 5. Review Authority.
(1) In evaluating a request for a development proposal regulated by this ordinance, it
shall be the responsibility of the department 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 ordinance;
(b) Whether the development proposal is consistent with this ordinance, by
granting, denying or conditioning projects;
(c) Whether proposed alterations to critical areas are appropriate under the
standards contained in this ordinance, 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 goals, purposes and
objectives of this ordinance, and if so, condition the permit or approval
accordingly.
(2) The department shall have the administrative authority to adjust the standards for
buffers and building setbacks as outlined in specific critical area sections of this ordinance.
The process to reduce standards will be based on site specific criteria determined through
review of individual project circumstances and based on the same criteria as required for the
granting of variances in Chapter 1, Section 7.
(3) Where projects have been approved with conditions to protect critical areas under
previous protection policies in effect prior to this ordinance, those conditions will apply. This
ordinance shall apply in cases where the department determines, based on review of current
information, that the prior conditions will result in a detrimental impact to a critical area.
SECTION 6. Standards For Existing Development. Existing development means a
development that was lawfully constructed, approved or established prior to the effective date of this ordinance
but does not conform to present regulations or standards of this ordinance.
(1) Shorelines: This section incorporates by reference the existing development
standards applicable to development on shorelines of the state (WAC 173-27-080), as now
or hereafter amended; and/or,
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(2) Existing Structures: Structures in existence on the date this ordinance becomes
effective that do not meet the setback or buffer requirements of this ordinance may be
remodeled or reconstructed provided that the new construction or related activity does not
further intrude into the critical area or its associated buffers and is subject to the restrictions
of the Port Orchard Flood Damage Prevention ordinance for reconstruction; PROVIDED
further, that new construction or related activity connected with an existing single family
dwelling shall not be considered further intruding into an associated buffer so long as the
footprint of the structure lying within the critical area or its buffer is not increased by more
than twenty (20%) percent and no portion of the new structure is located closer to the critical
area than the existing structure; and PROVIDED further that reconstruction or remodeling will
only be allowed if it does not create or continue a circumstance where personal or property
damage is likely due to the nature of the critical area.
(3) Danger Tree Removal: Where a threat to human life or property is demonstrated,
the department may allow removal of danger or hazard trees subject to the following criteria:
(a) tree removal is the minimum necessary to balance protection of the critical
area and its buffer with protection of life and property; and,
(b) the critical area or its buffer shall be replanted as determined by the
department. The department shall coordinate review with the Washington
State Department of Fish and Wildlife as determined necessary to assure
habitat protection. The department may require the applicant to consult with
a professional forester or a certified arborist prior to tree removal. Danger
tree abatement can sometimes be achieved by felling the tree or topping the
tree. Habitat needs may require leaving the fallen tree in the riparian
corridor or maintaining a high stump for wildlife habitat.
SECTION 7. Variances.
(1) A variance in the application of the regulations or standards of this ordinance to a
particular piece of property or a variance to the use prohibitions of this ordinance may be
granted by Port Orchard 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 ordinance
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 ordinance shall not be the sole basis for the granting
of a variance.
(b) The special circumstances referred to in item (a) above are not the result of
the actions of the current or previous owner.
(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 ordinance-
(d) The granting of the variance is the minimum necessary to accommodate the
permitted use.
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(e) No other practicable or reasonable alternative exists. (See Definitions,
Chapter 1, Section 14.)
(f) A mitigation plan (where required) has been submitted and is approved for
the proposed use of the critical area.
(2) The city planning commission shall conduct a public hearing on all non -administrative
variance applications pursuant to the review process established for variances of land use
regulations, as described in the city planning and development procedures, as now or
hereafter amended.
(3) The department shall provide notice of the public hearing by publishing in a
newspaper of general circulation in the city at least once, not less than ten (10) working days
prior to the date set for the hearing. Notice shall also be sent by mail not less than ten (10)
working days prior to the date of the hearing on the variance application to the applicants
proposing the variance request and to all owners of property within 300 feet of the boundary
of said property. Failure to send notice by mail to any such property owner where the
address of a said owner is not a matter of a public record or because the ownership is not
of a public record shall not invalidate any proceedings required in this ordinance.
(4) Except when application of this ordinance would deny all reasonable use of the
property, an applicant who seeks an exception from the standards and requirements of this
ordinance shall pursue relief by means of a variance as provided for in this ordinance.
(5) Requests for variances shall include the application requirements of Chapter 1,
Section 11 (Application Requirements General), Chapter 2, Section 8 (Application
Requirements), and Chapter 7, Section 5 (Mitigation ReportMetland Mitigation Plan),
whichever is applicable.
(6) The department shall review administrative variances based on the criteria and
standards referenced in this chapter.
(7) The department may grant administrative variances for public utilities to the
substantive or procedural requirements of this ordinance when:
(a) Application of this ordinance to the utility's activities would be inconsistent
with the comprehensive plan or the utility's public service obligations;
(b) The proposed utility activity does not pose an unreasonable threat to the
public health, safety or welfare on or off the development proposal site; and,
(c) Any alterations permitted to these critical areas shall be the minimum
necessary to reasonably accommodate the proposed utility activity and
mitigate when feasible.
SECTION 8. Reasonable Use Exception. If the application of this ordinance would deny
all reasonable use of the property, the applicant may apply for a reasonable use exception pursuant to this
subsection:
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(1) The applicant shall apply to the department, and the departmentshall prepare a staff
report to the planning commission. The applicant may apply for a reasonable use exception
without first having applied for a variance if the requested exception includes relief from
standards for which a variance cannot be granted pursuant to the provisions of the section.
The property owner and/or applicant for a reasonable use exception has the burden of
proving that the property is deprived of all reasonable use;
(2) The planning commission shall review the application and shall conduct a public
hearing pursuant to the provisionsas set forth in the Port Orchard zoning code. The planning
commission shall make a final decision based on the following criteria:
(a) The application of this ordinance would deny all reasonable use of the
property;
(b) There is no other reasonable use, which would result in less impact on the
critical area;
(c) The proposed development does not pose an unreasonable threat to the
public health, safety or welfare on or off the development proposal site and
is consistent with the general purposes of this chapter and the public
interest, and does not conflict with the Endangered Species Act or other
relevant state or federal laws; and,
(d) Any alterations permitted to the critical area shall be the minimum necessary
to allow for reasonable use of the property.
(3) Any authorized alterations of a critical area under this section shall be subject to
conditions established by the planning commission including, but not limited to, mitigation
under an approved mitigation plan.
SECTION 9. Appeals.
(1) Appealable Actions. The following decisions or actions required by this ordinance
may be appealed:
(a) Any decision to approve, condition or deny a development proposal, or any
disagreement on conclusions, methodology, rating systems, etc. between the
department and such person or firm which prepares special reports pursuant to
Chapter 7 of this ordinance may be appealed by the applicant or affected party to the
city council.
(b) Any decision to approve, condition, or deny an administrative variance
application by the department may be appealed by the applicant or affected party to
the city council.
(c) Any decision to require, or not require a special report pursuant to this
ordinance may be appealed by the applicant or affected party to the city council.
(2) Appeal Process. The following process shall be followed in submitting an appeal and
taking action:
(a) Any appeal regarding a decision to require, or not require a special report
shall be made within ten (10) working days of the decision. The appeal shall
Ordinance No. 1784
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be in writing stating the basis that such reports should or should not be
required for the proposed development. The city council may:
(i) remand the decision back to the department requesting that specific
issues be reconsidered;
(ii) modify the decision of the department; or
(iii) uphold the decision of the department.
(b) Any appeal regarding a decision to approve, condition or deny a
development proposal based on this ordinance, or any decision to approve,
condition or deny a variance, shall be made within ten (10) working days of
the decision. A fee in an amount as established by the city council shall be
paid to the department at the time an appeal is filed. The appeal shall be in
writing and shall state specifically the issues that are the subject of the
appeal, focusing on the specific inadequacies of the particular decision
under dispute. The city council may:
(i) remand the decision back to the planning commission requesting
that specific issues be reconsidered;
(ii) modify the decision of the planning commission; or
(iii) uphold the decision of the planning commission.
(c) The department shall not issue any permit, license or other development
approval on the development proposal site pending the outcome of the
appeal decision.
SECTION 70. Critical Area and Buffer Notice To Title.
(1) Project proponents shall file a "Critical Area and Buffer Notice to Title" (see Appendix
E) with the Kitsap County Auditor on all development proposals subject to this ordinance and
containing any critical area or its buffer. After review of the development proposal, the
department will condition critical area development in accordance with this ordinance. These
standards will be identified on the approved notice to title, which shall run with the land in
perpetuity. This notice shall serve as an official notice to subsequent landowners that the
land owner shall accept sole responsibility for any risk associated with land's identified critical
area.
(2) Notice To Title may not be required in cases where the clearing or building footprint
for minor new development will not adversely impact a critical area or its buffer (i.e., normal
repair and maintenance, not adjacent to a critical area). Lack of such notice on a specific
parcel does not indicate that the city has determined critical areas or buffers do not exist on
that parcel.
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SECTION 11. Application Requirements, General.
(1) All applicants for major new development are required to meet with the department
prior to submitting an application subject to the Port Orchard zoning ordinance; all applicants
for minor new development are encouraged to do so. The purpose of this meeting is to
discuss the city's zoning and applicable critical area requirements, to review any conceptual
site plans prepared by the applicant and to identify potential impacts and mitigation
measures. Such conference shall be for the convenience of the applicant and any
recommendations shall not be binding on the applicant or the city.
(2) The applicant must comply with the standards and requirements of this section as
well as standards relating to stormwater management set forth by the department, as now
or hereafter amended. To expedite the permit review process, the department shall be the
lead agency on all work related to critical areas. Development may be prohibited in a
proposed development site based on criteria set forth in this ordinance; the applicant should
first determine whether this is the case before applying for permits from the department.
(3) Application for development proposals, reasonable use exception or variances
regulated by this ordinance or for review of special 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 as listed in Special Reports (Chapter 7).
(4) A filing fee in an amount established by the city council shall be paid at the time an
application for a permit relating to a critical area or a Special Report Review is filed.
(5) Applications for any development proposal subject to this ordinance shall be
reviewed by the department for completeness and consistency or inconsistency with this
ordinance.
(6) At every stage of the application process, the burden of demonstrating that any
proposed development is consistent with this ordinance is upon the applicant.
(7) All site plan applications for development proposals subject to this ordinance shall
include a site plan drawn to scale identifying locations of critical areas, 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.
(8) Zone Reclassification or Comprehensive Plan Amendment: Prior to taking action on
a zone reclassification or a comprehensive plan amendment, the proponent shall complete
an environmental review to confirm the nature and extent of any critical areas on or adjacent
to the property; determine if the subsequent development proposal would be consistentwith
this ordinance; and determine whether mitigation or other measures would be necessary if
the proposal were approved. Findings of such review may be used to condition or mitigate
the impact through the SEPA threshold determination or to deny the proposal if the impacts
are significant and cannot be mitigated.
0
SECTION 12. inventory Provisions.
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(1) The approximate location and extent of mapped critical areas within the city are
shown on the maps adopted as part of this ordinance, 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; the type, extent and boundaries may be determined in the field
by a qualified specialist or staff person according to the requirements of this ordinance. 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 will 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, and other sources.
SECTION 13. Enforcement.
(1) Authorization! The director is authorized to enforce this chapter, and to designate
city employees as authorized representatives of the department to investigate suspected
violations of this chapter, and to issue orders to correct violations and notices of infraction.
(2) Right of Entry: When it is necessary to make an inspection to enforce the provisions
of this chapter, or when the director or his/her designee has reasonable cause to believe that
a condition exists on property which is contrary to or in violation of this chapter, the director
or his/her designee may enter the property to inspect, provided that if the property is
occupied that the inspector's credentials be presented to the occupant and entry requested.
If the property is unoccupied, the director or his/her designee shall first make a reasonable
effort to locate the owner or other person having charge or control of the premises and
request entry. If entry is refused, the director or his/her designee shall have recourse to the
remedies provided by law to secure entry.
(3) Stop Work Orders: Whenever any work or activity is being done contrary to the
provisions of this chapter the director or his/her designee may order the work stopped by
notice in writing, served on any persons engaged in the doing or causing such work to be
done, or by posting the property, and any such persons shall forthwith stop such work or
activity until authorized by the director or his/her designee to proceed.
(4) Penalties: The violation of any provision of this chapter shall constitute a civil
infraction. Each violation shall constitute a separate infraction for each and every day or
portion thereof, during which the violation is committed, continued, or permitted.
(5) Imminent and Substantial Dangers: Notwithstanding any provisions of these
regulations, the director or his/her designee 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,
(6) Other Legal or_Eguit_able Relief: Notwithstanding the existence or use of any other
remedy, the director or his/her designee 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 this chapter.
• Ordinance No. 1784
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SECTION 14. Definitions.
(1) Ad� Eacent: For the purpose of this ordinance, "adjacent" is defined as the area within
200 feet of a critical area.
(2) Agricultural Practices: 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.
(3) Alteration: A human -induced action, which changes the existing condition of a critical
area. Alterations include but are not limited to grading; grubbing; dredging; channelizing;
cutting, clearing, relocating or removing vegetation, except noxious weeds identified by the
Washington Departmentof Agricultureor the Kitsap County Cooperative Extension; applying
herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; grazing
domestic animals; modifying for surface water management purposes; or any other human
activity that changes the existing vegetation, hydrology, wildlife or wildlife habitat.
(4) Applicant: The person, party, firm, corporation or legal entity, or agent thereof, that
proposes a development of property in the city of Port Orchard.
(5) Aguaculture Practices: 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.
(6) Aquifer: A saturated body of rock, sand, gravel or other geologic material that is
capable of storing, transmitting and yielding water to a well.
(7) Aquifer Recharge: The process by which water is added to an aquifer. It may occur
naturally by the percolation (infiltration) of surface water, precipitation, or snowmelt from the
ground surface to a depth where the earth materials are saturated with water. The aquifer
recharge can be augmented by "artificial" means through the addition of surface water (e.g.,
land application of wastewater or stormwater) or by the injection of water into the
underground environment (e.g., drainfields and drywells).
(8) Aquifer Recharge Area: Those areas overlying aquifer(s) where natural or artificial
sources of water can move downward to an aquifer(s).
(9) Aquifer Susceptibility: The ability of the natural system to transmit contaminants to
and through the groundwater system.
(10) Aquifer Vulnerability: 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.
(11) Bank Stabilization: Lake, stream and open water shoreline modification including
vegetation enhancement, used for the purpose of retarding erosion, protecting channels or
shorelines, and retaining uplands.
(12) Bench (-geologic): A relatively flat and wide landform along a valley wall.
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(13) Best Management Practices. Conservation practices (physical, structural and/or
managerial) or systems of practices and management measures that:
(a) Control soil loss and reduce
nutrients, pathogens, bacteria,
grease, and sediment; and,
(b) Minimize adverse impacts to
circulation patterns, and to 1
characteristics of critical areas.
water quality degradation caused by
toxic substances, pesticides, oil and
surface water and groundwater flow,
ie chemical, physical, and biological
(14) Biolo ist 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 more years of
experience; or a person who has five or more years of experience as a practicing biologist.
(15) Boo : Wetlands which have the following characteristics: Peat soils 16 inches or more
in depth; any depth over bedrock; and vegetation such as sphagnum moss, labradortea, bog
laurel, bog rosemary, sundews, and sedges. Bogs may have an overstory of spruce, shore
pine and may be associated with open water.
(16) Buffer: A non -clearing native vegetation area, which is intended to protect the
functions and values of critical areas.
(17) Candidate Species (State -listed): 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 fisted 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.
(18) C±C: The city of Port Orchard.
(19) City Council: The city council of the city of Port Orchard.
(20) Clearing: The destruction, disturbance or removal of vegetation by physical,
mechanical, chemical or other means.
(21) Compensation: Replacement of project -induced critical area (e.g., wetland) losses
of acreage or functions, including but not limited to, restoration, creation, or enhancement.
(22) Conversion Option Harvest Plan (COHP): (This definition relates to types of Forest
Practices) 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.
(23) Creation: Actions performed to intentionally establish a critical area at a site where
it did not formerly exist.
(24) Critical Area Buffer: An area of protection around a critical area.
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(25) Critical Aquifer Recharge Areas: Those land areas, which contain hydrogeologic
conditions, which facilitate aquifer recharge and/or transmitting contaminants to an underlying
aquifer.
(26) Critical Areas: Those areas identified as:
(a) wetlands;
(b) areas with a critical recharging effect on aquifers used for potable water;
(c) fish and wildlife habitat conservation areas;
(d) geologically hazardous areas; and
(e) frequently flooded areas.
(27) Critical Facilities: Those facilities necessary to protect the public health, safety and
welfare which are defined under the occupancy categories of Essential Facilities, Hazardous
Facilities and Special Occupancy Structures in the Uniform Building Code, Table No. 23-K
(1988). 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.
(28) Danger Trees: Any tree of any height, dead or alive, that presents a hazard to the
public because of rot, root stem or limb damage, lean or any other observable condition
created by natural process or man-made activity consistent with WAC 296-54-529(28).
(29) Debris. See Refuse.
(30) Department: The city of Port Orchard Public Works Department.
(31) Detention Facilities: Stormwater facilities designed to store runoff while gradually
releasing it at a pre -determined controlled rate. "Detention Facilities" shall include all
appurtenance associated with their designed functions, maintenance and security.
(32) Development Proposal Site: For purposes of this ordinance, the legal boundaries
of the parcel or parcels of land on which an applicant has applied for authority from the city
of Port Orchard to carry out a development proposal.
(33) Director: The city engineer or a duly authorized designee in the "department".
(34) Draining (related to wetland): Any human activity that diverts or reduces wetland
groundwater and/or surface water sources.
(35) Easement or Critical Area Protection Easement: 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.
(36) Endangered Species (state listed): 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.
(37) Enhancement: 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
• Ordinance No. 1784
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quality, provided that this activity does not significantly degrade another existing function or
value.
(38) Erosion: 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.
(39) Erosion Hazard Areas: 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.
(40) Excavation: Removal of earth material.
(41) Existing and Ongoing Agriculture: Those activities conducted within the last five (5)
years on lands defined in RCW 84.34.020(2) or defined as agricultural practices in this
ordinance. 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 contourof wetlands or streams by leveling or filling otherthan that which
results from normal cultivation, or draining of wetlands shall not be considered normal or
necessary farming or ranching activities. The regulatory flood hazard areas, floodplains and
ffoodways are depicted on the Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Maps for Kitsap County.
(42) Exotic: Any species of plant or animal that is not indigenous (native) to an area.
(43) Extraordina Hardship: Where the strict application of this ordinance and/or other
programs adopted to implement this ordinance by the regulatory authority would prevent all
reasonable use of the parcel.
(44) Farm and Agricultural Conservation Land:
(a) 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,
(b) 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.
(45) Farm Pond: An open -water habitat of less than five (5) acres and not contiguous
with a stream, river, lake or marine water created from a non -wetland site in connection with
agricultural activities.
(46) Fen: Wetland with peat soils 16 inches or more in depth, or any depth of organic soil
over bedrock, and vegetation such as certain sedges, hardstem bulrush and cattails. Fens
may have an overstory of spruce and may be associated with open water.
(47) Filling or Fill: 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.
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(48) Floodplain: The Foodway and associated special flood hazard areas having the
potential to flood once every 100 years, or having a 1 % chance of being equaled or exceeded
in any given year.
(49) Floodway: 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.
(50) Forest Practices: As defined in WAC 222-16-010 (21), as amended, any activity
conducted on or directly pertaining to forest land that is related to growing, harvesting, or
processing timber, including but not limited to:
(a) Road and trail construction,
(b) Harvesting, final and intermediate,
(c) Pre -commercial thinning,
(d) Reforestation,
(e) Fertilization,
(f) Prevention and suppression of diseases and insects,
(g) Salvage of trees, and
(h) Brush control.
Forest practices shall not include preparatorywork such as tree marking, surveying and road
flagging; or removal or harvest of incidental vegetation from forest lands such as berries,
fems, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be
expected to result in damage to forest soils, timber or public resources.
(51) Frequently Flooded Areas: All Kitsap County lands, shorelands and waters which
are within the 100-year floodplain (Floodway) as designated by the Federal Emergency
Management Agency in Flood Insurance Rate and Boundary Maps (FIRM).
(52) Geologic Hazard Areas: Areas that because of their susceptibility to erosion, sliding,
earthquake, or other geological events, are not suited to siting commercial, residential or
industrial development consistent with public health or safety concerns. Source: WAC 365-
190-030(8).
(53) Geologist: 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.
(54) Geotechnical Engineer; 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.
• Ordinance No. 1784
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(55) Geotechnical Report and Geological Report: 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 ordinance.
Geological Reports may contain the above information with the exception of engineering
recommendations, and may be prepared by a geologist (see Chapter 7, Special Reports for
minimum qualifications).
(56) Grading (construction): Any excavating, filling, grubbing, recontouring or removal of
earth materials on the surface layer or any combination thereof.
(57) Grazed Wet Meadows: Wetlands whose vegetative cover has been greatly modified
as a result of grazing, seeding, or cutting for hay. Grazed wet meadows are typically
dominated by a pasture species (such as blue grass, orchard grass, fescue, clovers, reed
canary grass, etc.) as well as nonnative wetland species such as soft rush and buttercup.
They are saturated or have standing water during the wet season and part of the growing
season but are dry during the summer months. Grazed wet meadows have been (within the
last 5 years) or are being used for livestock grazing, seeding, or cutting for hay.
(58) Grubbing: 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.
(59) Habitat: 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.
(60) Habitat of Local Importance: A seasonal range or habitat element with which a given
species has a primary association, and which, if altered, may reduce the likelihood that the
species will maintain and reproduce over the long-term. These might include areas of high
relative density or species richness, breeding habitat, winter range, and movement corridors.
These might also include habitats that are of limited availability or areas of high vulnerability
to alteration, such as cliffs, talus, and wetlands.
(61) Hazardous Substance(s): 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.
(62) Hydric Soils: Soils, which are wet long enough to periodically, produce anaerobic
conditions, thereby influencing the growth of hydrophitic plants.
(63) Hydrologist or H_ydrogeologist: A person who has a Bachelor of Science degree in
geologic sciences with an emphasis in hydrogeology or related field from an accredited
college or university and has a minimum of five years experience in groundwater
investigations, modeling and remediation.
(64) Hydrophytes: Those plants capable of growing in water or on a substrate that is at
least periodically deficient in oxygen as a result of excessive water content. Source: WAC
173-22-030.
(65) Infiltration Rate: A general description of how quickly or slowly water travels through
a particular soil type.
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(66) Investigation: Work necessary for land use application submittals such as surveys,
soil logs, percolation tests or other related activities.
(67) Landslide Hazard Areas: Areas potentially subject to risk of mass movement due
to a combination of geologic, topographic, and hydrologic factors.
(68) Liquefaction: A process in which a water -saturated soil, upon shaking, suddenly
loses strength and behaves as a fluid (See Chapter 2 Wetlands).
(69) Lot: A measured parcel of land having fixed boundaries and designated on a plat
or survey.
A physically separate and distinct parcel of property, which has been created pursuant to the
provisions of the Port Orchard zoning ordinance. 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.
(70) Low Impact Activities: Activities that do not require a development permit and/or do
not result in any alteration of hydrology or adversely impact the environment.
(71) Maior New Development: Any new development, as defined below, within or within
200 feet of a critical area:
(a) Subdivisions of land;
(b) Clearing, grading or filling one acre or greater in area;
(c) Any new commercial development in excess of 750 square feet in area
authorized in the city of Port Orchard zoning ordinance;
(d) Development requiring conditional use or special use permits required
under city of Port Orchard zoning ordinance;
(e) Planned Residential Developments authorized under city of Port Orchard
zoning ordinance;
(f) Any structure foot print in excess of 4,000 square feet in area, except for
single family residences;
(g) Any residential development except as exempted below.
(72) - Minor New Development: Any new development, as defined below, within or within
200 feet of a critical area:
(a) Normal maintenance or repair of existing structures or developments,
including damage by accident, fire or elements;
(b) Emergency construction necessary to protect property from damage by
the elements;
(c) 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
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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;
(d) Construction of one single family residence and normal appurtenances
necessarily connected to the use and enjoyment of a single-family
residence and may include a garage; deck; driveway; utilities; fences,
grading less than one acre in area; and home occupations pursuant to the
city of Port Orchard zoning ordinance, as now or hereafter amended;
(e) 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;
(f) Operation and maintenance of any system of dikes, ditches, drains, or
other facilities existing prior to the date of adoption of this ordinance,
which were created, developed, or utilized primarily as a part of an
agricultural drainage or diking system;
(g) Development authorized by Chapter 1, Section 4 (General Exemptions)
and/or by Chapter 1, Section 6 (Standards for Existing Development).
(73) Mitigation: Avoiding, minimizing or compensating for adverse critical area impacts.
Mitigation includes the following specific categories:
(a) Mitigation, compensatory: replacing project -induced critical area losses
or impacts, including, but not limited to, restoration, creation, or
enhancement.
(b) Mitigation, creation: mitigation performed to intentionally establish a
critical area (e.g., wetland) at a site where it does not currently exist.
(c) 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.
(d) 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.
(74) Native Vegetation: Vegetation indigenous to the Puget Sound Coastal Lowlands.
(75) Non -conforming Use or Structure: A use of land or structure which was lawfully
establishedor built and which has been lawfully continued but which does not conform to the
current regulations of the zone in which it is located as established by the city of Port Orchard
zoning ordinance relating to repair of damaged structures, this ordinance, or amendments
thereto.
(76) Normal Maintenance: Includes those usual acts to prevent a decline, lapse or
cessation from a lawfully established. condition. Normal maintenance includes removing
Ordinance No. 1784
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debris from and cutting or manual removal of vegetation in crossing and bridge areas.
Normal maintenance does not include:
(a) Use of fertilizer or pesticide application in wetlands, Fish and Wildlife
Habitat Conservation Areas, or their buffers;
(b) Re -digging ditches in wetlands or their buffers to expand the depth and
width beyond the original ditch dimensions;
(c) Re -digging existing drainage ditches in order to drain wetlands on lands
not classified as existing and ongoing agriculture under Chapter 1,
Section 4 (General Exemptions).
(77) Open Space: This island 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 ordinance and land occupied by dwellings or impervious
surfaces not related to the open space uses.
(78) Ordinary High Water Mark: 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.
(79) Organic Debris: Includes, but is not limited to, stumps, logs, branches, leaves and
other organic materials.
(80) Out -of -Kind Compensation: Means to replace a critical area (e.g., wetland) with a
substitute critical area (e.g., wetland) whose characteristicsdo 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.
(81) Permit: Any development, variance, conditional use permit, or revision authorized
under RCW 90.58 or city regulations.
(82) Planned Residential Development (PRD): Development specifically approved by the
city and characterized by comprehensive planning of the total project, though it may contain
a variety of individual lots and/or uses. This type of project may include clustering of
structures and preservation of open space with a number of flexible and customized design
features specific to the natural features of the property and the uses sought to be
implemented. Specific lot area and setback requirements are reduced or deleted in order to
allow maximization of open space, critical areas and other components of the project.
(83) Planning Commission: The planning commission of the city of Port Orchard.
(84) Pond: A naturally existing or artificially created body of standing water less than 20
acres in size and not defined as "Shorelines of the State" by RCW 90.58 (Shoreline
Management Act).
• Ordinance No. 1784
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(85) Practicable Alternative: 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.
(86) Priority Habitat: 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 Data Base.
(87) Priority Species: Priority species include those which are state -listed endangered,
threatened, sensitive, candidates and monitor species as well as priority game and non -game
species.
(88) Public Facilities: Facilities, which are owned, operated and maintained by a public
agency.
(89) Public Project of Significant Importance. 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 in a resolution.
(90) Public Right -of -Way: 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.
(91) Public Utility: 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.
(92) Ravine: 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.
(93) Refuse: 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.
(94) Reasonable Alternative: An activity that could feasibly attain or approximate a
proposal's objectives, but at a lower environmental cost or decreased level of environmental
degradation.
(95) 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.
Ordinance No. 1784
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(96) Reasonable Use Exception: The process by which the city determines allowable use
of a property which cannot conform to the requirements set forth in this ordinance, including
the variance criteria. See Chapter 1, Section 8 for Reasonable Use Exception procedures.
(97) Regulated Use or Activity: Any development proposal which includes or directly
affects a critical area or its buffer or occurring within 200 feet of a critical area (see definition
of adjacent and development).
(98) Restoration: 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.
(99) Retention Facilities., 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 or only a portion of the runoff entering the
facility will be eventually discharged as surface water. Retention facilities shall include ail
appurtenances associated with their designed function, maintenance and security.
(100) Riparian Area: An area that includes the land, which supports riparian vegetation
and may include some upland, depending on site conditions. These generally occur adjacent
to water bodies where specific measures are needed to protectfish and wildlife habitat needs
and watershed functions.
(101) Salmonid: 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.
(102) Sensitive Species (state listed): 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.
(103) Shorelines: All of the water areas of the state, including reservoirs, and their
associated wetlands, together with the lands underlying them; except
(a) shorelines of state-wide significance;
(b) shorelines on segments of streams upstream of a point where the mean
annual flow is twenty cubic feet per second or less and the wetlands
associated with such upstream segments; and
(c) shorelines on lakes less than twenty acres in size and wetlands associated
with such small takes.
(104) Shorelines of State -Wide Significance: Those areas designated under RCW
90.58.030(e) Marine Shorelines designated as Shorelines of Statewide Significance
(a) Blackjack Creek — from the confluence of Blackjack Creek and unnamed
creek (Sec. 11, T23N, R1 E) downstream to mouth at Sinclair Inlet (Sec 25,
T24N, R1 E)
(b) Puget Sound - line waterward from line of Extreme Low Tide.
Ordinance No. 1784
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(105) Single -Family Dwelling: 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.
(106) Special Flood Hazard Areas: 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.
(107) Species of Concern: These are species that have been classified as endangered,
threatened, sensitive, candidate, or monitored by the Washington State Department of Fish
and Wildlife.
(108) State Environmental Policy Act or SEPA: The state environmental law (Chapter
43.2 RCW) and rules (Chapter 197-11 WAC) as implemented by the city of Port Orchard.
(109) Streams: Those areas in the city of Port Orchard where the surface water flow is
sufficient to produce a defined channel or bed. A defined channel or bed is an area which
demonstrates clear evidence of the passage of water and includes but is not limited to
bedrock channels, gravel beds, sand and silt beds and defined -channel swales. The channel
or bed need not contain water year-round. This definition is not meant to include irrigation
ditches, canals, storm or surface water runoff devices or otherartificial watercourses unless
they are used by fish or used to convey streams naturally occurring prior to construction.
(110) Susceptibility (groundwater): 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.
(111) Swale: A shallow drainage conveyance with relatively gentle side slopes, generally
with flow depths less than i foot.
(112) Threatened Species (State listed): 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.
(113) Toe of Slope: A distinct topographic break in a slope. Where no distinct break exists,
this point shall be the lower most limits of the landslide hazard area as defined and classified
in Chapter 6 of this ordinance.
(114) Top of Slope: 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 Chapter 4 of this ordinance.
(115) Unavoidable and Necessary Impacts: An impact to a critical area that remains after
an applicant proposing to alter such an area has demonstrated that no practicable alternative
exists for the proposed project.
(116) Utilities: Facilities and/or structures which produce or carry electric power, gas,
sewage, water, communications, oil, ;publicly maintained stormwater facilities, etc.
(117) Utility Corridor: 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
• Ordinance No. 1784
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right-of-way" means ownership, easements, permits, licenses or other authorizations
affording utilities the right to operate and maintain utility facilities on private property.
(118) Vulnerability (groundwater): 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.
(119) Wetlands: Those areas that are inundated or saturated by surface 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, but are not limited to swamps, marshes, estuaries, bogs, and
ponds less than 20 acres, including their submerged aquatic beds 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,
stormwater 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 include those artificial wetlands
intentionally created from non wetland areas to mitigate the conversion of wetlands.
(120) isolated Wetlands: Wetlands which:
(a) are outside of and not contiguous to any 100-yearflood plain of a lake, river,
or stream; and
(b) have no contiguous hydric soil or hydrophytic vegetation between the
wetland and any surface water or other wetland.
(121) Wetland Determination: An on -site determination as to whether a wetland exists on
a specific parcel, conditioned by either a wetland specialist or the department. A wetland
determination does not require a formal delineation.
(122) Wetlands Report: A wetland delineation characterization and analysis of potential
impacts to wetlands consistent with applicable provisions of Chapter 2 (Wetlands) of this
ordinance.
(123) Wetland Edge: The line delineating the outer edge of a wetland established in
Chapter 2, Section 2.
(124) Wetlands of Regional Significance: Those regulated wetlands determined by the
department, or otherwise determined, to have characteristics of exceptional resource value
which should be afforded the highest levels of protection.
(125) Wetlands Specialist: 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 2 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. The city may refer to the list of
approved Wetland Specialists, which is maintained by the city.
(126) Wetlands of Statewide Significance: Those regulated wetlands recommended by the
Washington Department of Ecology and determined by the department to have
Ordinance No. 1784
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characteristics of exceptional resource value which should be afforded the highest levels of
protection.
(127) Wet and: An artificial water body constructed as a part of a surface water
management system
(128) Wildlife Bioio_gist: A person who has earned a minimum of a Bachelors degree in
wildlife biology and has a minimum of 5 years of field experience in wildlife biology and
habitat evaluation.
(129) Wildlife Nesting Structure: Structure erected for the sole purpose of providing a
wildlife nesting site.
CHAPTER TWO: WETLANDS
SECTION 1. Purpose. This section applies to all regulated uses within or adjacent to
areas designated as wetlands, as categorized in Chapter 2, Section 2 below. The intent of this chapter is
to:
(1) Achieve no net loss and increase the quality and function of wetland acreage,
functions and values within the city. Mitigation measures, as conditions of permits, must
have a reasonable expectation of success. Under the conditions of this chapter, the
department may deny development proposals that would irreparably impact regulated
wetlands;
(2) Protect the public expenditures that could arise from improper wetland uses and
activities;
(3) Plan wetland uses and activities in a manner that allows property holders to benefit
from wetland property ownership wherever allowable under the conditions of this chapter and
ordinance;
(4) Preserve natural flood control, stormwater storage and drainage or stream flow
patterns; and,
(5) Prevent turbidity and pollution of wetlands, and fish or shellfish bearing waters to
maintain the wildlife habitat.
SECTION 2. Wetland Categories.
(1) Wetlands are those areas that are inundated or saturated by surface 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, estuaries, marshes, bogs, and similar areas. For
regulatory purposes, wetland delineations shall be determined by using the Washington State
Wetlands Identification and Delineation Manual, March 1997, or as amended hereafter.
(2) The city uses the Department of Ecology's Washington State Wetland Rating System
for Western Washington, 2nd Edition,1993, or as amended hereafter to categorize wetlands
for the purposes of establishing wetland buffer widths, wetland uses and replacement ratios
Ordinance No. 1784
Page 25 of 75
for wetlands. This system consists of four wetland categories (see Chapter 8 Appendices,
Appendix "A" for Wetland Categories).
SECTION 3. Regulated and Non -Regulated Wetlands Classification.
(1) Regulated Wetlands: (See classifications in Chapter 8)
(a)
Cate -gory
I Wetlands:
All
(b)
Category
11 Wetlands:
All
(c)
Category
III Wetlands:
2,500 square feet or greater.
(d)
Cate o
IV Wetlands:
10,000 square feet or greater.
(e)
Wetlands
intentionally
created from non -wetland areas to mitigate
conversion
of other wetlands.
(f) Groups of isolated wetlands, any one or more of which may be smaller than
any of the above categories, but which in aggregate may be as valuable as
any of the above categories.
(2) Non -Regulated Wetlands:
(a) Category III Wetlands: Isolated wetlands less than 2,500 square feet.
(b) Category IV Wetlands: Isolated wetlands less than 10,000 square feet.
(c) Created Wetlands: Wetlands created intentionally from a non -wetland site
that were not required to be constructed as mitigation for adverse wetland
impacts. These may include, but are not limited to, irrigation and drainage
ditches, grass -lined swales, canals, detention facilities, wastewater
treatment ponds, farm ponds not contiguous, as defined in this ordinance,
and landscape amenities. The applicant shall bear the burden of proving
that the wetland was intentionally created from a non -wetland site. Where
enhancements or restorations are made to non -regulated, or Category IV
or III Wetlands for purposes otherthan mitigation, the original rating shall be
maintained even if the changes would otherwise result in a higher
classification.
SECTION 4. Development Standards. For the purpose of this ordinance a regulated
wetland and its buffer is a critical area.
(1) There shall be no activity allowed within a regulated wetland or its buffer unless
specifically allowed under this ordinance in Table 2. Any regulated uses not specifically listed
in Table 2 shall be considered unclassified and may be allowed if granted a Special Use
Review in accordance with this ordinance (see Chapter 2, Section 7, Special Use Review).
(2) Buffers: Buffers shall remain undisturbed natural vegetation areas exceptwhere the
buffer can be enhanced to improve its functional attributes. Any buffer enhancement and/or
limited view clearing activity must be reviewed and approved by the department. No refuse
shall be placed in the buffer.
• Ordinance No. 1784
Page 26 of 75
(3) Buffer Widths: All regulated wetlands shall be surrounded by a buffer zone as
follows:
Table 1: Wetland Development Standards
Wetland Category
Buffer Width
Standard
Minimum
Building Setback
Other
Development Standards
1
200 feet
15 feet beyond buffer
See subsections (5), (6), and (7)
below for criteria relating to buffer
averaging, decreased buffer
provisions and increased buffer
provisions.
11
100 feet
15 feet beyond buffer
111
50 feet
15 feet beyond buffer
IV
25 feet
15 feet beyond buffer
(4) Buffer Measurement: All buffers shall be measured on a horizontal plane from the
regulated wetland edge as marked in the field.
(5) Buffer Averaging: Standard buffer widths may be modified by the department for a
development proposal 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 50% 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 as great or greater functions and
values as would be provided under the standard buffer requirement. Averaging of buffer
widths may be allowed where the applicant demonstrates one or more of the following:
(a) That the wetland contains variations in sensitivity due to existing physical
characteristics;
(b) That low intensity uses would be located within 200 feet of areas where
buffer width is reduced, and that such low intensity uses are guaranteed in
perpetuity by covenant, deed restriction, easement, or other legally binding
mechanism;
(c) That averaging is necessary to avoid an extraordinary hardship to the
applicant caused by circumstances peculiar to the property.
(6) Decreased Buffer Provisions: The department may decrease buffer widths upon
granting of a variance, according to the procedures of this ordinance or through buffer
averaging as outlined above. Granting of a reduced buffer shall be the minimum necessary
to accommodate the permitted use. In lieu of going through the formal variance process, an
administrative reduction to buffer widths may be granted subject to the following criteria:
(a) For minor new development, the department may administratively reduce
the buffer by up to 25%, pursuant to the variance criteria listed in Chapter
1, Section 7. Where an administrative buffer reduction is granted, fencing
or signage of the buffer edge shall be required. The order of sequence for
such buffer reductions shall be as follows:
Ordinance No. 1784
Page 27 of 75
(i) use of buffer averaging maintaining 100% of the buffer area under
the standard buffer requirement;
(ii) reduction of the overall buffer area by no more than 25% of the area
required under the standard buffer requirement;
(iii) enhancementof existing degraded buffer area and replanting of the
disturbed buffer area;
(iv) the use of alternative on -site wastewater systems in order to
minimize site clearing;
(v) infiltration of stormwater where soils permit; and,
(vi) retention of existing native vegetation on other portions of the site
in order to off set habitat loss from buffer reduction.
(b) For major new development, the department may reduce the buffer by up
to 25%, where it can be demonstrated in a Special Reportthat enhancement
of the existing low quality buffer can clearly provide as great or greater
functions and values, as would be provided under the standard buffer
requirement.
(c) A buffer enhancement plan must utilize native vegetation.
(d) The minimum buffer shall be no less than 25 feet, except as allowed under
a formal variance or reasonable use approval.
(7) Increased 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%; or
(d) The proposed development within 200 feet of the regulated wetland would
be a high intensity use.
(8) Fencing and Signs: This chapter applies to those wetlands and their buffers that are
within 200 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.
• • Ordinance No. 1784
Page 28 of 75
(b) The department may require permanent signs and/or fencing be placed on
the common boundary between a wetland buffer and the adjacent land.
Such signs will identify the wetland buffer. The department may approve an
alternate method of wetland and buffer identification, if it provides adequate
protection to the wetland and buffer.
(9) Building or Impervious Surface Setback Lines: A building or impervious surface
setback line of 15 feet is required from the edge of any wetland buffer. Minor structural or
impervious 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 Chapter 1, Section 10 (Notice to Title).
SECTION 5. Regulated Uses and Activities.
(1) Major and minor new development activities on properties containing regulated
wetlands and buffers are subject to the development standards in this chapter, as permitted
in the underlying zoning designation. Requirements for additional activities are specified in
Table 2. The city may grant exceptions to these uses and activities according to the intent
and specifications of this ordinance. All authorized uses and activities in a regulated wetland
or its buffer shall be subject to conditions established by the departmentand may be subject
to mitigation as required by this ordinance.
(2) Development shall be classified as "allowed", "permitted", "special use" (Chapter 2,
Section 7) or "prohibited" according to this section. Any regulated uses not specifically listed
in Table 2 shall be considered unclassified and may be allowed if granted a special use
review in accordance with this ordinance. The wetland categories in Table 2 are defined in
the appendices. For the purpose of Table 2, "W and "B" refer to the terms "wetland" and
"buffer".
• Ordinance No. 1784
Page 29 of 75
Key:
A = Allowed Outright
P = Permitted Subject to Development Standards and Underlying Permit
S = Special Use Review Required
X = Prohibited
Table 2: Regulated Uses and
Category I
Category II
Category Ill
Catego_ry__fV
Activities in Regulated
Wetlands and Buffers
W
B
W
B
W
B
W
B
1. Agriculture -existing &
A
A
A
A
A
A
A
A
ongoing
2. Agriculture -Building
X
X
X
S
S
P
S
P
(Grazed Wet Meadows)
3. A. Agriculture Conversion
(Wetland dependent)
X
X
X
S
S
S
S
S
B. (Non -wetland
dependent)
X
X
X
X
S
S
S
S
4. Bank stabilization
X
X
S
S
S
S
P
P
5. Boat ramp
X
X
S
S
S
S
S
S
6. Dock/float
S
S
S
S
S
S
P
P
7. Draining Wetlands
X
NIA
X
NIA
X
NIA
X
NIA
(associated with no other
permitted use, except as
allowed under Chapter 1,
Section 4 (3)
8. Education and Scientific
P
P
P
P
P
P
A
P
Research (no permanent
structures)
9. Enhancement
S
S
P
P
P
P
P
P
10. Excavation (not associated
X
X
S
S
S
S
S
S
with enhancement)
11. Fill (associated with no
X
X
X
X
X
X
X
X
other use)
12. Fish Hatchery
X
X
S
S
S
S
S
S
13. Flooding (associated with
X
X
S
S
S
S
S
S
no other use)
14. Forest Practice -Class IV
X
X
X
S
S
S
S
S
General or COHP
15. Golf Course
X
X
S
S
S
S
S
S
16. Land Division
P
P
P
P
P
P
P
P
Ordinance No. 1784
Page 30 of 75
Table 2: Regulated Uses and
Category I
Category II
Category III
Category IV
Activities in Regulated
Wetlands and Buffers
W
B
W
B
W
B
W
B
17. Mineral extraction
X
X
S
S
S
S
S
S
18. Mooring Buoy
P
P
P
P
P
P
P
P
19. Navigational Aid
P
P
P
P
P
P
P
P
20. Parks -Public & Private
S
S
S
S
S
S
P
P
21. Ponds -Stock Watering
X
X
X
S
X
S
S
P
22. Public Facility
X
X
X
S
S
S
S
S
23. Public Project of Significant
S
S
S
S
S
S
S
S
Importance
24. Radio/TV Towers
X
X
S
S
S
S
S
S
25. Restoration/Revegetation of
S
S
P
P
P
P
P
P
Site
26. Road/Street- Public/Private
Access
A. Expand within
Existing ROW
S
S
S
S
S
S
P
P
B. New Facilities
X
X
S
S
S
S
P
P
27. Signs -(interpretation,
P
P
P
P
P
P
P
P
Hazard, Critical Area
Boundary, Survey
Markers)
28. Site Investigation
A
A
A
A
A
A
A
A
29. Storrnwater, Private R/D
X
X
X
S
S
S
S
S
Facility
30. Stormwater, Regional R/D
X
X
X
S
S
S
S
S
Facility
31. Trails and Trail Related
S
S
S
S
P
P
P
P
Facilities
32. Utility Facility
X
X
S
S
S
S
S
S
33. Utility -On -Site Sewage
X
X
X
S
X
S
X
S
Facility
34. Utility Line -Overhead
S
S
S
S
S
S
P
P
35. Utility Line -Underground
X
S
S
S
S
S
S
S
Ordinance No. 1784
Page 31 of 75
SECTION 6. Additional Development Standards for Regulated Uses. In addition to
meeting the Development Standards above (Chapter 2, Section 4) those regulated uses
identified below shall also comply with the standards of this Section and other applicable
state, federal and local ordinances.
(1) Docks: Construction of a dock, pier, moorage, float or launch facility may be
permitted subject to criteria in the city's Shoreline Master Program and where no existing
buffer or wetland vegetation would be significantly altered.
(2) Forest Practice Class IV General, and Conversion Option Harvest Plans (COHPs):
All timber harvesting and associated development activity, such as construction of roads,
shall comply with the provisions of this ordinance, including the maintenance of buffers
around regulated wetlands.
(3) Agricultural Restrictions: In all development proposals which would permit
introduction of agricultural uses, damage to Category I, II and III regulated wetlands shall be
avoided. These restrictions shall not apply to those regulated wetlands defined as grazed wet
meadows, regardless of their classification only where grazing has occurred within the last
five (5) years. 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.
(4) Road/Street Repair and Construction: Any private or public road or street repair,
maintenance, expansion or construction, which is allowed, shall comply with the following
minimum development standards:
(a) No other reasonable or practicable alternative exists and the road or street
crossing serves multiple properties whenever possible;
(b) Publicly owned or maintained road or street crossings should provide for
other purposes, such as utility crossings, pedestrian or bicycle easements,
viewing points, etc.; and,
(c) The road or street repair and construction are the minimum necessary to
provide safe roads and streets.
(d) Mitigation shall be performed in accordance with specific project mitigation
plan requirements.
(5) 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 (c) below, are met.
Ordinance No. 1784
Page 32 of 75
(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 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.
(c) In order to implement the goals and policies of this ordinance, to
accommodate innovation, creativity, and design flexibility, and to achieve a
level of environmental protection that would not be possible by typical
lot -by -lot development, the use of the clustered development or similar
innovative site planning is strongly encouraged for projects with regulated
wetlands on the site.
(d) After preliminary approval and prior to final land division approval, the
department may require the common boundary between a regulated
wetland or associated buffer and the adjacent land be identified using
permanent signs and/or fencing. In lieu of signs and/or fencing, alternative
methods of wetland and buffer identification may be approved when such
methods are determined by the department to provide adequate protection
to the wetland and buffer.
(6) Surface Water Management The following stormwater management activities within
wetland or buffer areas may be allowed only if they meet the following requirements, in
addition to the development standards in this chapter and in conformance with the
Stormwater Management ordinance:
Surface water discharges from stormwater facilities or structures may be allowed provided
that the new surface water discharges to regulated wetlands from retention/detention
facilities, pre -settlement ponds, or other surface water management structures may be
allowed provided that the discharge does not significantly increase or decrease the rate of
flow and/or hydro -period, nor decrease the water quality of the wetland. Water quality
treatment best management practices will be required prior to discharge. Pre-treatment of
surface water discharge through biofiltration or other means shall be required.
(7) Trails and Trail -Related Facilities: Construction of public and private trails and
trail -related facilities, such as benches and viewing platforms may be allowed in wetlands or
wetland buffers pursuant to the following guidelines:
(a) Trails and related facilities shall, to the extent feasible, be placed on existing
road grades, utility corridors, or any other previously disturbed areas.
(b) Trails and related facilities shall be planned to minimize removal of trees, soil
disturbance and existing hydrological characteristics, shrubs, snags and
important wildlife habitat.
(c) Viewing platforms and benches, and access to them, shall be designed and
located to minimize disturbance of wildlife habitat and/or critical
characteristics of the affected wetland.
(d) Trails and related facilities shall generally be located outside required
buffers. Where trails are permitted within buffers they shall be located in the
outer portion of the buffer and a minimum of 25 feet from the wetland edge,
except where wetland crossings or viewing areas have been approved.
Ordinance No. 1784
Page 33 of 75
(e) Trails shall generally be limited to pedestrian use unless other more
intensive uses, such as bike or horse trails have been specifically allowed
and mitigation has been provided.
(8) Utilities in Wetlands or Wetland Suffers:
(a) The utility development authorized in Chapter 1, Section 4 shall be allowed,
subject to best management practices in wetlands and wetland buffers in
accordance with Table 1.
(b) 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 fling and approval of applicable
permits and Special Reports (Chapter 7) required by this ordinance.
(c) 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 meets the requirements of this section. Joint use
of the sewer utility corridor by other utilities may be allowed.
Special Use Review (Chapter 2, Section 7) will be required when
such activities occur in wetland buffers.
(d) 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;
(e) 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
• Ordinance No. 1784
Page 34 of 75
minimum width but no greaterthan 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.
(f) 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.
(g) Parks. Development of public park and recreation facilities may be
permitted provided that the following standards are followed:
No alteration of wetlands or wetland buffers is allowed except for such uses,
which are allowed in Table 2. For example, enhancement of wetlands and
development of trails may be allowed in wetlands and wetland buffers
subject to special use requirements and approval of a Wetland Mitigation
Plan.
SECTION 7. Special Use Review. Development identified as a Special Use Review in
Table 2 may be approved, with conditions, or denied according to the procedures and criteria outlined in this
section. Special Use Review is an administrative process unless the underlying permit requires a public
hearing. The department is authorized to take action on permits as required by this ordinance.
(1) The department may approve a permit after review of the application and a Wetland
Mitigation Plan submitted in accordance with this ordinance. The department shall determine
whether the use or activity cannot be avoided because no reasonable or practicable
alternative exists, the proposed use is consistent with the spirit and intent of this ordinance
and it will not cause adverse impacts to the wetland or the wetland buffer which cannot be
mitigated. In taking action to approve a Special Use Review, the department may attach
reasonable conditions as necessary to minimize impacts, rectify impacts or compensate for
impacts to the wetland or wetland buffer.
(2) The department shall deny a Special Use Review request when it finds that the
proposed use or activity is inconsistent with this ordinance and/or will cause adverse impacts
to the wetland or wetland buffer, which cannot be adequately mitigated and/or avoided.
(3) Special Use Review determinations are appealable to the planning commission
pursuant to Chapter 1, Section 9 of this ordinance (Appeals).
Ordinance No. 1784
Page 35 of 75
SECTION 8. Application Requirements. Application Procedures for new development:
Any new development containing a regulated wetland or its buffer, or within 204 feet of a regulated wetland
or its buffer, shall provide the following special reports, as required by the department, prior to any
development authorization by the city. The department may require additional reports or information to further
identify potential impacts to any part of the environment:
(1) Wetland Report;
(2) Wetland Mitigation Plan; and,
(3) Erosion and sedimentation control measures and/or a Site Development Activity
Permit as required by the city's Stormwater Management ordinance.
SECTION 9. Determination of Wetland Boundaries.
(1) The determination of the wetland edge or boundary shall be done in accordance with
the delineation methodology specified in the Washington State Wetlands Identification and
Delineation Manual, acceptable to the city or Washington State Department of Ecology.
(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) The department may perform a delineation of a wetland boundary on parcels where
no more than one single-family dwelling unit is allowed.
(4) Where the applicant has provided a delineation of a wetland boundary, the
department 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.
SECTION 10. Wetland Mitigation Requirements.
(1) Mitigation Sequence:
(a) Projects permitted under this ordinance will be reviewed in the following
order of preference with regard to regulated wetlands or their buffers:
(i) Avoid the impact by not performing a certain action or parts of an
action;
(ii) Minimize the impact by limiting the degree or magnitude of the
action and its implementation;
(iii) Mitigate through one of the following methods:
(A) Restore the impact by repairing or rehabilitating the
affected environment;
r Ordinance No. 1784
Page 36 of 75
(B) Reduce or eliminate the adverse impact over time; and/or,
(C) Compensate for the impact by replacing, enhancing or
providing alternative resources or environments within the
same drainage basin that substitute as closely as possible
for the affected resources or environments (see subsection
2).
(b) Mitigation for individual projects may include any combination of the above
measures.
(2) Scope of Compensatory Mitigation: In making a determination of the extentto which
mitigation shall be required, the department will consider all of the following:
(a) The functional characteristics of the wetland and its resource value within
the watershed or sub -basin in which the wetland is located.
(b) The short and long term adverse impacts of the action upon the wetland and
associated ecosystem, and the potential for repair of the impairment or loss.
(c) The category, size, and location of the wetland altered, and the effect it may
have upon the surrounding system, watershed or wetland;
(d) Observed or predicted trends of gains or losses of this category of wetland
in the watershed, considering qualitative and/or quantitative information
about natural and human processes; and,
(e) The likely success of the possible mitigation measures.
(3) Mitigation Plan Requirements: Any applicant required to perform compensatory
wetland mitigation or contribute to a mitigation bank as a condition of approval for a
development project shall submit a Wetlands Mitigation Plan to the department. (See
Chapter 7 Special Reports for wetland mitigation requirements.)
(4) OnSite Compensatory Mitigation: General Requirements. Compensatory mitigation
shall be required for projects in regulated Category I, 11, III or IV Wetlands or buffers when
alteration of the wetland or buffer results in a loss to either wetland or buffer. The preferred
compensation is on -site, in -kind; the least preferred compensation is off -site, out -of -kind
compensation. For exceptions to this requirement see Chapter 2, Section 4. The following
requirements apply to compensatory mitigation plans:
(a) Any person who alters wetlands, such that they require compensatory
mitigation, shall restore or enhance equivalent areas or greater areas of
those wetlands in order to compensate for the loss (see Table 3).
(b) Where feasible, restored or enhanced wetlands shall be a higher category
than the altered wetland.
(c) Compensation areas shall be determined according to function, size, type,
location, time factors, ability to be self-sustaining and likelihood of mitigation
success. Wetland functions shall be determined by a qualified wetland
specialist using the best available information and technology.
• Ordinance No. 1784
Page 37 of 75
(d) Compensation (mitigation) plans shall be completed and approved by the
department prior to wetland alteration. Compensation shall be completed
concurrentwith the development activity unless a delay of the compensation
project will reduce adverse impacts to the wetlands or improve the likelihood
of success.
(e) Construction of compensation projects shall be timed to reduce adverse
impacts to the wetlands. Grading and related earthwork should normally be
limited to the period between May 1 and September 30. Planting of
vegetation shall be specifically timed to the needs of these plants. This may
require the construction of the compensation area over several seasons.
(f) Areas that are used for compensatory mitigation must be protected from
development and degradation. The applicant shall provide for long-term
preservation of the compensation area through such protective mechanisms
as conservation easements, critical area tracts, deed restrictions, or
dedication to a local jurisdiction or a private or public land trust.
(g) The applicant shall demonstrate sufficient scientific expertise, supervisory
and financial ability to fully implement the compensation measures. A
performance bond, assignment of savings, or other like security will be
required by the department in an amount necessary to provide for future site
monitoring and possible corrective action required for compensatory
mitigation projects. This bond, assignment of savings, or the security will be
released no later than five years after completion of the mitigation project.
(h) Site Selection: Compensation sites shall be selected in the following order
of preference:
(i) Filled, drained, or cleared sites, which were formerly viable wetlands
and where appropriate hydrology exists;
(ii) Upland sites within 200 feet of wetlands, if the upland is significantly
disturbed and does not contain a mature forested or shrub community of
native species, and where appropriate natural sources of water exist.
(5) Wetland Replacement Ratios: The following ratios, as well as consideration of the
factors listed in Chapter 2, Section 10, (2) and subsection (b) below, shall be used to
determine the appropriate amounts of on -site created, restored 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.
Ordinance No. 1784
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Table 3: Wetland Replacement Ratios
Enhancement
Creation/Restoration
Category I:
6:1
3:1
Category II and III:
Forested Class:
4:1
2:1
Scrub/Shrub Class:
3:1
1.5:1
Emergent Class:
3:1
1.5:1
Open Water:
1:1
Category IV:
2:1
1:1
Open water may be enhanced by replacing structure that may have been removed in the
past (large woody material, rocks, reefs, etc.).
(b) The department may increase or decrease 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.
(6) Off -Site Compensatory Mitigation:
(a) The department may allow off -site compensation mitigation if on -site
compensation is not scientifically feasible due to natural conditions; or is not
practical due to potentially adverse impacts from existing surrounding land
uses; or proposed functions at the site of the proposed restoration are
greater than the lost wetland functions.
(b) Off -site compensation will occur within an area where mitigation success is
most likely and where there will be significant improvement to the water
resource.
(c) Off -site compensation will occur in the same watershed (drainage basin)
which is adversely impacted.
(d) Off -site mitigation will be accomplished through the purchase of credit in an
established mitigation bank and/or other sites approved by the department.
(7) Monitoring Requirements: The city shall require monitoring reports on an annual
basis for a minimum of three years, or until the department determines that the mitigation
Ordinance No. 1784
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project has achieved success. 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 (see Chapter 7) for wetland mitigation performance standards).
(8) Mitigation Banking: The city encourages the creation of a public or private mitigation
banking system when feasible.
SIECTION 11. Incentives for Wetlands Protection. The city and Kitsap County recognize
that property owners wish to gain economic benefits from their land. The county 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 this ordinance.
CHAPTER THREE: FISH AND WILDLIFE HABITAT CONSERVATION AREAS
SECTION 1. Purpose. This section applies to all regulated uses included in this
ordinance, or uses within 200 feet of areas designated as Fish and Wildlife Habitat Conservation Areas, as
categorized in Chapter 3, Section 2 below. The intent of this section 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 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 non -regulatory methods of habitat retention whenever practical, through
education, and the Open Space Tax Program.
SECTION 2. Fish and Wildlife Habitat Conservation Area Categories Classification.
The following categories shall be used in classifying Fish and Wildlife Habitat Conservation Areas:
(1) Streams. All streams which meet the criteria for Type 1, 2, 3, 4 and 5 waters as set
forth in WAC 222-16-030 of the DNR Water Rating System (See Chapter 8, Appendix B).
(2) Saltwater Shorelines, and Lakes 20 Acres and Greater in Surface Area: Those
saltwater shorelines and lakes defined as Shorelines of the State in the Shoreline
Management Act of 1971 and the city's Shoreline Master Program, as now or hereafter
amended. Shorelines include: Type 1 waters as set forth in WAC 222-16-030, (DNR Water
Rating System) as now or hereafter amended; commercial and recreational shellfish areas;
kelp and eelgrass beds; and herring and smelt spawning areas.
(3) 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 twenty (20) acres in surface area and their
• Ordinance No. 1784
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submerged aquatic beds, and lakes and ponds planted with game fish by a governmental or
tribal authority.
(4) Wildlife Conservation Areas:
(a) Class I Wildlife Conservation Areas:
(i) Habitats recognized by Federal or State agencies for Federal and/or
State listed endangered, threatened and sensitive species
documented in maps or data bases available to Kitsap County and
which, if altered, may reduce the likelihood that the species will
maintain and reproduce over the long term.
(ii) Areas targeted for preservation by the federal, state and/or local
governmentwhich provide fish and wildlife habitat benefits, such as
important waterfowl areas identified by the U.S. Fish and Wildlife
Service.
(iii) Areas that contain habitats and species of local importance.
(b) Class II Wildlife Conservation Areas:
(i) Habitats for state listed candidate and monitored species
documented in maps or data bases 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.
(ii) Habitats which include attributes such as comparatively high wildlife
density; high wildlife species richness; significant wildlife breeding
habitat, seasonal ranges 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.
SECTION 3. Development Standards. Those regulated uses identified below within
designated Fish and Wildlife Habitat Conservation Areas shall comply with the performance standards outlined
in this section.
(1) Buffers and Building Setbacks: Buffers or setbacks shall be maintained along the
perimeter of Fish and Wildlife Habitat Conservation Areas, as listed in Table 4. Distances
shall be measured from the ordinary high water mark (OHM) or from the top of the bank
where the OHM cannot be identified. Buffers shall be retained in their natural condition. It
is acceptable, howeverto enhance the buffer by planting indigenous vegetation, as approved
by the department. Alteration of buffer areas may be allowed for water dependent and water
related activities subject to (4) below, and for development authorized by Chapter 1, Section
8 (Reasonable Use Exception), Chapter 1, Section 4 (General Exemptions), Chapter 1,
Section 6 (Standards for Existing Development) or Chapter 1, Section 7 (Variances). The
buffer width shall be increased to include stream side wetlands which provide overflow
storage for storm waters, feed water back to the stream during low flows or provide shelter
and food for fish. In braided channels, the ordinary high water mark or top of bank shall be
defined so as to include the entire stream feature. Refuse shall not be placed in buffers.
• Ordinance No. 1784
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Table 4: Fish and Wildlife Habitat Conservation Area Development Standards
CATEGORY
BUFFER WIDTH
MINIMUM BUILDING
OTHER DEVELOPMENT
STANDARD
SETBACK
STANDARDS
Streams
Water Type
1
100 feet
15 feet beyond buffer
For minor new development the
departmentmay reduce the bufferwidth by
up to 25% through an administrative buffer
2
100 feet
15 feet beyond buffer
reduction process when review with the
Washington State Department of Fish and
Wildlife determines that conditions are
sufficient to protect the affected habitat.
3
100 feet
15 feet beyond buffer
The buffer shall not be less than 25 feet.
Where applicable, refer to the development
4
50 feet
15 feet beyond buffer
standards in Chapter 2 (Wetlands) and 4
(Geologically Hazardous Areas). Where
5
25 feet
15 feet beyond buffer
such features occur on a site, the more
restrictive buffer or building setback will
apply.
Saltwater Shorelines, Lakes -- 20 Acres and greater
(Defined as Type 1 Waters of the State)
Shoreline Designation
For minor new development an
administrative building setback reduction
Urban, Urban Maritime,
None
25 feet
may be allowed but the setback shall not
be less than 25 feet (see Variance Criteria
Downtown Upland
Chapter 1, section 7).
Where applicable, refer to the development
Rural
None
35 feet
standards in Chapter 2 (Wetlands) and 4
(Geologically Hazardous Areas). Where
Conservancy
None*
50 feet
such features occur on a site, the more
restrictive buffer or building setback will
Natural
1 100 feet
1 15 feet beyond buffer
Iapply.
* The buffer width for all major new development shall be 100 feet, with a 15 foot minimum building setback.
Lakes - Less than 20 Acres (Non -type 1 Waters of the State)
Zoning Designation
Where applicable, refer to the development
standards in Chapter 2 (Wetlands) and 4
Community Facilities
None
50 feet
(Geologically Hazardous Areas). Where
such features occur on a site, the more
Commercial Mixed Use
None
50 feet
restrictive buffer or building setback will
apply.
Em to ment
None
50 feet
Greenbelt Residential
None
35 feet
Wildlife Habitat
Conservation Areas
Class I
Buffer widths and setbacks will be determined through mandatory Habitat Plan.
Class II
Site specific conditions will determine the need for the preparation of a Habitat Plan
for buffer widths and setbacks.
(a) Buffer Widths and Setbacks for Shorelines. The building setback or buffer
width for new development shall be based on the city's Shoreline Master
Program Environment designation.
• Ordinance No. 1784
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(b) Provision for Decreasing Buffer: For minor new development the
department may decrease the buffer in consultation with the Washington
State Department of Fish and Wildlife, and after review of a mitigation plan
when required, if the city determines that conditions are sufficient to protect
the affected habitat. A Habitat Management Plan (Chapter 7, Section 6)
may be required. The department may reduce the buffer width by up to
25%, but the buffer shall not be less than 25 feet. Granting of reduced
buffer shall be the minimum necessary for the permitted use. The order of
sequence for such buffer reductions shall be as follows:
(i) use of buffer averaging maintaining 100% of the buffer area under
the standard buffer requirement;
(ii) reduction of the overall buffer area by no more than 25% of the area
required under the standard buffer requirement;
(iii) enhancementof existing degraded bufferarea and replanting of the
disturbed buffer area;
(iv) the use of alternative on -site wastewater systems in order to
minimize site clearing;
(v) infiltration of stormwater where soils permit; and,
(vi) retention of existing native vegetation on other portions of the site
in order to off set habitat loss from buffer reduction.
(c) Provision for Increasing Buffer: The department may increase the buffer
width whenever a development proposal has 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; or when the buffer is located within a landslide or erosion hazard
area.
(d) Streams in Ravines —Buffers: For streams in ravines with ravine sides 10
feet or greater in height, the minimum buffer width shall be the minimum
buffer required for the stream type, or a buffer width which extends 25 feet
beyond the top of the slope, whichever is greater.
(e) Conditional Buffer Alterations: Water dependent structures and utilities may
alter the required buffer when no other reasonable or practicable alternative
exists and the development is consistent with the city's Shoreline Master
Program. Any alteration of a buffer shall be the least necessary and shall
require, except for approved water dependent uses for minor new
development, an approved Habitat Management Plan, which adequately
protects habitat values.
(f) Dedication of Buffers: Buffer areas shall be dedicated as permanent open
space tracts, functioning as critical areas buffers or as required by the
department.
(2) Class_I Wildlife Conservation Areas Development Standards: All development as
described within this ordinance or within 200 feet of designated Class I Wildlife Conservation
Areas shall adhere to the following standards:
• Ordinance No. 1784
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(a) All sites with known locations of Class I Wildlife Conservation Areas or sites
within 200 feet to known locations of Class I Wildlife Conservation Areas will
require, for all development permits, the submittal and approval of a Habitat
Management Plan as specified in Chapter 7 (Special Reports) by the
department. In the case of bald eagles, an approved Bald Eagle
Management Plan by the Washington State Department of Fish and Wildlife,
meeting the requirements and guidelines of the bald eagle protection rules
(WAC 232-12-292), as now or hereafter amended shall satisfy the
requirements for a Habitat Management Plan (HMP). An HMP shall
consider measures to retain and protect the wildlife habitat and shall
consider effects of land use intensity, buffers, setbacks, impervious
surfaces, erosion control and retention of natural vegetation.
(b) All new development within ranges and habitat elements with which Class
Wildlife have a critical habitat may require the submittal of a Habitat
Management Plan (HMP) as specified in Chapter 7 (Special Reports). An
HMP shall consider measures to retain and protect the wildlife habitat and
shall consider effects of land use intensity, buffers, setbacks, impervious
surfaces, erosion control and retention of natural vegetation. The
requirementfor an HMP shall be determined during the SEPAICritical Areas
review on the project.
(3) Class II Wildlife Conservation Area Development Standards: All development within
designated Class II Wildlife Conservation Areas shall adhere to the following standards:
All major new development within Class II Wildlife Conservation Areas may require the
submittal of a Habitat Management Plan (HMP). An HMP shall consider measures to retain
and protect the wildlife habitat and shall consider effects of land use intensity, buffers,
setbacks, impervious surfaces, erosion control and retention of natural vegetation. The
requirement for an HMP shall be determined during the SEPAICritical Areas review on the
project.
(4) Stream Crossings: Any private or public road expansion or construction which is
allowed and must cross streams classified within this ordinance, shall comply with the
following minimum development standards:
(a) Bridges or bottomless culverts shall be required for all Type 1, 2 and 3
streams, which have Salmonid breeding habitat. Other alternatives may be
allowed upon submittal of a Habitat Management Plan which demonstrates
that other alternatives would not result in significant impacts to the Fish and
Wildlife Conservation Area, as determined appropriate through the
Washington State Department of Fish and Wildlife, Hydraulics Project
Approval process. The plan must demonstrate that salmon habitat will be
replaced on a 1:1 ratio;
(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 State Department of Fish and
Wildlife;
• Ordinance No. 1784
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(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) Where there is no reasonable alternative to providing conventional culvert,
the culvert shall be the minimum length necessary to accommodate the
permitted activity.
(5) 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 Hydraulic Project Approval:
(a) The channel, bank and buffer areas should be replanted with native
vegetation that replicates a natural, undisturbed riparian condition; and,
(b) For those shorelands and waters designated as Frequently Flooded Areas
pursuant to Chapter 5, 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.
(6) Pesticides, Fertilizers and Herbicides: No pesticides, herbicides or fertilizers may
be used in Fish and Wildlife Conservation Areas or their buffers, except those approved by
the EPA and approved under a DOE Water Quality Modification Permit for use in Fish and
Wildlife Habitat Conservation Area environments. Where approved, herbicides must be
applied by a licensed applicator in accordance with the safe application practices on the
label.
(7) Land Divisions and Land Use Permits: All proposed divisions of land and land uses
(Subdivisions, Short Subdivisions, Short Plats, Long and Large Lot Plats, Planned Residential
Developments, Conditional Use Permits, Site Plan Reviews, Binding Site Plans) which
include Fish and Wildlife Habitat Conservation Areas shall comply with the following
procedures and development standards:
(a) The open water area of lakes, streams, and tidal lands shall not be permitted
for use in calculating minimum lot area.
(b) Land division approvals shall be conditioned so that all required buffers are
dedicated as open space tracts, or an easement or covenant encumbering
the 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.
(c) In order to avoid the creation of non -conforming lots, each new lot shall
contain at least one building site that meets the requirements of this
ordinance, including buffer requirements for habitat conservation areas.
This site must also have access and a sewage disposal system location that
Ordinance No. 1784
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are suitable for development and does not adversely impact the Fish and
Wildlife Conservation Area.
(d) After preliminary approval and prior to final land division approval, the
department may require the common boundary between a required buffer
and the adjacent lands be identified using permanent signs. In lieu of signs,
alternative methods of buffer identification may be approved when such
methods are determined by the department to provide adequate protection
to the aquatic buffer.
(e) In order to implement the goals and policies of this ordinance, to
accommodate innovation, creativity, and design flexibility, and to achieve a
level of environmental protection that would not be possible by typical
lot -by -lot development, the use of the Planned Residential Development
process is strongly encouraged for projects within designated Fish and
Wildlife Habitat Conservation Areas.
(8) Agricultural Restrictions: In all development proposals, which would permit
introduction of agriculture to Fish and Wildlife Habitat Conservation Areas, damage to the
area shall be avoided by one of the following methods:
(a) Implementation of the farm conservation plan agreed upon by the Kitsap
Conservation District and the applicant, to protect and enhance the water
quality of the aquatic area; and/or,
(b) Fencing located not closer than the outer buffer edge.
(9) Trails and Trail -Related Facilities: Construction of public and private trails and
trail -related facilities, such as benches, interpretive centers, and viewing platforms, may be
allowed in Fish and Wildlife Habitat Conservation Areas or their buffers pursuant to the
following standards:
(a) Trails and related facilities shall, to the extent feasible, be placed on existing
road grades, utility corridors, or other such previously disturbed areas;
(b) Trails and related facilities shall be planned to minimize removal of trees,
shrubs, snags and important wildlife habitat;
(c) Viewing platforms, interpretive centers, benches and access to them, shall
be designed and located to minimize disturbance of wildlife habitat and/or
critical characteristics of the affected conservation area.
(d) Trails, in general, shall be set back from streams so that there will be no or
minimal impact to the stream from trail use or maintenance. Trails shall be
constructed with pervious surfaces when feasible.
(10) Utilities: Placement of utilities within designated Fish and Wildlife Habitat
Conservation Areas may be allowed pursuant to the following standards:
(a) The minor utility development authorized in Chapter 1, Section 4 shall be
allowed within designated Fish and Wildlife Habitat Conservation areas,
subject to best management practices.
• Ordinance No. 1784
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(b) Construction of utilities may be permitted in Fish and Wildlife Habitat
Conservation Areas or their buffers, only when no practicable or 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 fling and approval of Special Reports
(Chapter 7) which may be required by this ordinance.
(c) Sewer or On -site Sewage Utility: Construction of sewer lines or on -site
sewage systems may be permitted in Fish and Wildlife Habitat Conservation
Areas or their buffers when the applicant demonstrates it is necessary to
meet State and/or local health code requirements; there are no other
practicable alternatives available; and construction meets the requirement
of this section. Joint use of the sewer utility corridor by other utilities may be
allowed.
(d) New Utility Corridors shall not be allowed in Fish and Wildlife Habitat
Conservation areas with 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 corridorwill not significantly impact the conservation
area;
(e) New Utility Corridor Construction: Utility corridor construction and
maintenance shall protect the environment of Fish and Wildlife Habitat
Conservation Areas and their buffers.
(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 not less than pre -construction vegetation densities or
greater, immediately upon completion of construction or as soon
thereafter as possible due to seasonal growing constraints. The
utility shall ensure that such vegetation survives;
(iii) Any additional corridor access for maintenance shall be provided
wherever 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 conservation area.
(f) Utility corridor maintenance shall include the following measures to protect
the environment of regulated Fish and Wildlife Habitat Conservation Areas.
(i) Utility towers should be painted with brush, pad or roller and should
not be sandblasted or spray painted, nor should lead base paints be
used.
(ii) Pesticides, fertilizers and herbicides: No pesticides or fertilizers may
be used in Fish and Wildlife Conservation Areas or their buffers,
except those herbicides approved by a licensed applicator in
accordance with the safe application practices on the label.
Ordinance No. 1784
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(11) Bank Stabilization: A stream channel and bank, bluff, and shore may be stabilized
when naturally occurring earth movement threatens existing structures (defined as requiring
a building permit pursuant to the Uniform Building Code), public improvements, unique
natural resources, public health, safety or welfare, or the only feasible access to property,
and, in the case of streams, when such stabilization results in maintenance of Fish and
Wildlife Habitat, flood control and improved water quality. Bluff, bank and shoreline
stabilization shall also be subject to the standards of the city's Shoreline Master Program,
and any floodplain management plan adopted by the city.
Where bank stabilization is determined to be necessary, bioengineering or other non-
structural methods should be the first option for protection. 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 length necessary to provide a stable building area for
the proposed structure. The department may require that bank stabilization be designed by
a professional engineer licensed in the state of Washington with demonstrated expertise in
hydraulic actions of shorelines. Bank stabilization projects may also require a Site
Development Permit and Hydraulic Project Approval from the Washington Department of Fish
and Wildlife.
Nonstructural shoreline protective techniques are preferred to bulkheads or other types of
shoreline armoring. Nonstructural techniques include but are not limited to: beach
nourishment; coarse beach fill; gravel berms; vegetation plantings and bioengineering.
(12) Fencing and Signs: Prior to approval or issuance of permits for land divisions and
new development, the department may require the common boundary between a required
buffer and the adjacent lands be identified using fencing or permanent signs. In lieu of
fencing or signs, alternative methods of buffer identification may be approved when such
methods are determined by the department to provide adequate protection to the buffer.
(13) Forest Practice, Class IV General and Conversion Option Harvest Plans (COHPs).
All timber harvesting and associated development activity, such as construction of roads,
shall comply with the provisions of this ordinance, and the Stormwater Management
ordinance, including the maintenance of buffers, where required.
(14) Road/Street Repair & Construction. Any private or public road or street expansion
or construction, which is allowed in a Fish and Wildlife Habitat Conservation Area or its buffer
shall comply with the following minimum development standards:
(a) No other reasonable or practicable alternative exists and the road or street
crossing serves multiple properties whenever possible;
(b) Expansion or construction of any private or public road, shall only be allowed
when adverse impacts cannot be avoided;
(c) Public and private roads should provide for other purposes, such as utility
crossings, pedestrian or bicycle easements, viewing points, etc.;
(d) The road or street construction is the minimum necessary, as required by
the department, and shall comply with the department guidelines to provide
public safety and mitigated stormwater impacts.
` Ordinance No. 1784
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(e) Construction time limits shall be determined in consultation with the
Washington Department of Fish and Wildlife in order to ensure habitat
protection.
CHAPTER FOUR: GEOLOGICALLY HAZARDOUS AREAS
SECTION 1. Purpose. This chapter applies to all regulated uses included in this
ordinance within 200 feet of areas designated as geologically hazardous areas, as categorized in Chapter 4,
Section 2 below. 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 shoreline erosion caused by human activity;
(4) Use innovative site planning by placing geologically hazardous areas and buffers in
open space and transferring density to more suitable areas on the site.
SECTION 2. 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 Quaternary Geology and Stratigraphyof Kitsap County 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 Quaternary
Geology and Stratigraphy of Kitsap County, with slopes less than 30-
percent; or areas found by a qualified geologist to meet the criteria for U,
URS, and UOS with slopes less than 30 percent; or
(b) Slopes identified as Intermediate (1) in the Coastal Zone Atlas or Quaternary
Geology and Stratigraphy of Kitsap County, or areas found by qualified
geologist to meet the criteria of I; or
(c) Slopes 15 percent or greater, not classified as I, U, UOS, or URS, with soils
classified by the Natural Resources Conservation Service as "highly
erodible" or "potentially highly erodible'; or
(d) Slopes of 15 percent or greater with springs or groundwater seepage not
identified in numbers 1, 2, or 3 above; or
Ordinance No. 1784
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(e) Seismic Areas subject to liquification 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.
(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 reports are contained in
Special Reports, Chapter 7.
The intent of this provision is to allow obviously non -geologically hazardous sites to be
determined as such. Where there is any ambiguity about the potential for geologic hazards
whatsoever, the departmentwill require a geotechnical or geological report, rather than make
a non -geologically hazardous determination.
SECTION 3. Development Standards. This chapter applies to all regulated uses in this
ordinance or within 200 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 ordinance.
(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 departmentwill also considerany
proposed mitigation measures included in a geotechnical report, if one is
submitted.
(b) Public Works Requirements: The applicant shall submit a site development
permit application to the department. The application and supporting
documents shall be completed by a professional engineer licensed in the
state of Washington. The submittal documents shall be determined on a site
specific basis. The documents may include any combination of, but not be
limited to, construction plans, details and specifications for clearing, grading
erosion and sedimentation control, and stormwater drainage and detailed
hydrological, geotechnical, soils, and drainage reports and analyses.
(c) Minimum Buffer Requirement: The buffer for all Geologically Hazardous
Areas and Areas of Geologic Concern shall include native vegetation from
the toe of the slope to 25 feet beyond the top of the slope unless otherwise
allowed through a geological report or a site specific determination (refer to
Chapter 4, Section 2 (3)).
(d) Build in /im pervious Surface Setback Requirement :
(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
1/3 of the vertical slope height or 25 feet.
•
• Ordinance No. 1784
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(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 item 3 above, 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 under Chapter 4, Section 2 (3) (Site Specific
Determination).
(iii) Toe of Slope Building Setback: A geotechnical report may be
required for any new construction within 200 feet of a geologically
hazardous area. The departmentwill make a determination based
on slope height and stability indicators. Where slope hazard
indicators are not identified, the requirements of the Uniform
Building Code, Section 1806 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 developmentand the erosion hazard and/or landslide hazard area
(see Chapter 7, Special Reports for Geological and Geotechnical Report
requirements). Should the geotechnical report indicate that a greater buffer
and/or building setback is required than specified in Section 3 (1)(c) andlor
(1)(d) above, 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 1 to October 1, unless the applicant provides an erosion and
sedimentation control plan prepared by a professional engineer licensed in
the state of Washington that specifically and realistically identifies methods
of erosion control for wet weather conditions.
(g) Field Marking Requirements: For major new development the proposed
clearing for the project and all critical area buffers, shall be marked in the
field for inspection and approval by the department prior to beginning work.
Field marking requirements for minor new developmentwill 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 its buffer.
(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.
0) 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
Ordinance No. 1784
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shall be accepted onto, and shall be discharged from, the development site
at the natural or otherwise legally existing locations. The proposed
development shall not decrease the slope stability of any area within 200
feet of the property boundary.
(j} Development Risk Standard: In cases where a special report indicates a
significant risk to public health, safety and welfare, the department shall
deny or require revision of the site development proposal.
(k) Additional_ Clearing Standards:
(i) Only the clearing necessary to install temporary erosion control
measures will be allowed prior to the clearing for roads and utilities
construction.
(ii) Clearing for roads and utilities shall be the minimum necessary and
shall remain within marked construction limits.
(iii) Clearing for overhead power lines shall be the minimum necessary
for construction and will provide the required minimum clearances
of the serving utility.
(1) Existinq 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.
(m) Clustering Requirements: The department may require clustering to
increase protection to geologically hazardous areas or areas of geologic
concern.
(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 Code (UBC) Earthquake
Design Standards for Seismic Risk Zone 3 of Washington State.
(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 Uniform 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 departments' evaluation of the
proposed mitigation measures to reduce seismic risk.
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(2) Prohibitions:
(a) Critical facilities, as defined in the definition section, are prohibited in
geologically hazardous areas.
(b) In geologically hazardous areas with slopes greater than 80%, 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
Chapter 4, Section 3, (1)(d).
(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.
CHAPTER FIVE: FREQUENTLY FLOODED AREAS
SECTION 1. Purpose. The purpose of this section 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 the its' Flood Damage Prevention ordinance,
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
ordinance, will be included for areas of review under Frequently Flooded Areas.
CHAPTER SIX: CRITICAL AQUIFER RECHARGE AREAS
SECTION 1. Purpose. The intent of this section is to provide water quality protection
associated with aquifer recharge areas through the regulation of land use activities that pose a potential
contaminant threat or could increase the vulnerability of the aquifer. It is the policy of the city to accomplish
the following:
(1) Identify, preserve and protect aquifer recharge areas and prevent degradation of the
quality of potable groundwater;
(2) Recognize the relationship between surface and groundwater resources; and,
(3) Balance competing needs for water while preserving essential natural
functions/processes.
SECTION 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
Ordinance No. 1784
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with WAC 365-190-080 by the city. Critical Aquifer Recharge Areas under this ordinance maybe established
based on general criteria or specifically designated due to special circumstances.
(1) Category I: Critical Aquifer Recharge Areas.
(a) The following general criterion is established to designate Critical Aquifer
Recharge Areas: Wellhead Protection Zones around Group A Water
System supply wells:
(i) 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.
(ii) 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 it water from an aquifer that is at or above sea level and
is overlain by permeable soils listed in Chapter 6, Section 2, (2)(a).
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 high infiltration potential may provide
for groundwater recharge, but also may enhance transfer of contaminants from the surface
to ground water. 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 US Department of
Agriculture, Natural Resources Conservation Service (SCS). The soil
survey information is available on the Kitsap County Geographic Information
System (GIS). The following soil types are considered to have relatively
high permeability and are Aquifer Recharge Areas of Concern.
The following soils have relatively high infiltration:
SCS Soil Name SCS Soil Map Units
Grove
11, 12, 13
Indianola
18, 19, 20, 21
Neilton
34, 35, 36
Norma
37,38
Poulsbo/Ragnar
41, 42, 43, 44, 45, 46, 47
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(b) Areas above Shallow Principal Aquifers:
Surface areas above shallow, principal aquifer(s) (Chapter 8, Appendix F)
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 hydro geologic units Og1, Og1a, Og2 and portions of Og3 that
are within 300 feet of the ground surface.
SECTION 3. Development Standards. Standards for development shall be in
accordance with the provisions below and the requirements of the underlying zoning.
(1) A hydrogeological reportwill 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 5, 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, Chapter 7, 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
RCW's, 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 5 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 process in the Wetlands Section, by the review
department, the Health District, and the affected water purveyors.
(b) Category Il: Aquifer Recharge Areas of Concern.
Applicants proposing operations that pose a potential threat to groundwater
as defined in Table 5 in Aquifer Recharge Areas of Concern may be
required to submit a hydrogeological report. The scope of the report shall be
based on site specific conditions. The need for additional information will be
determined by the department, the Health District and the affected water
purveyor. Based on the results of the report, controls, mitigation, and/or
other requirements will be established as a prerequisite for the development
proposal being approved.
• • Ordinance No. 1784
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(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 5 are proposed outside the areas
designated Critical Aquifer Recharge Areas and Aquifer Recharge Areas of
Concern.
i
Table 5: Operations With Potential Threat
to Groundwater
A. Above & Below ground storage tanks
1. Hazardous and i nd u strial 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 repairs shops/rust
E.
F.
proofers
4.
Auto chemical supply storeys/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/fuelingoperation
areas
14.
Junk and salvage yards
15.
Storing or processing manure, -feed,
or other agriculture by products by
commercially permitted businesses
*16.
Large scale storage or use of
pesticides, insecticides, herbicides,
or fertilizer by commercial or
agricultural operations.
Deep injection wells
1.
Wastewater disposal wells
2.
Oil and gas activity disposal wells
3.
Mineral extraction disposal wells
De-icing salts storage piles
Industrial operations
*1.
Furniture strippers/painterstfinishers
2.
Concrete/asphalt/tar/coalcompanies
3.
Industrial manufacturers:
chemicals, pesticides/herbicides,
paper, leather products, textiles,
16 Ordinance No. 1784
Page 56 of 75
rubber, plastic/fiberglass,
siliconelglass, 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.
Waste -water application (spray
irrigation)
2.
Waste -water byproduct (sludge)
application
3.
Petroleum refining waste application
4.
Hazardous waste applications
H. Landfills
1.
Industrial hazardous and non-
hazardous 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 pre-treatment
M. P*tines
1. Hazardous and industrial waste
transfer
2. Hazardous material transfer
N. Radioactive disposal sites
O. Sand and gravel mining operations
*P. Marina
*If not on a sewer system with a treatment plant.
Ordinance No. 1784
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CHAPTER SEVEN: SPECIAL REPORTS
SECTION 1. Purpose. The following Special Reports may be required to provide
environmental information and to present proposed strategies for maintaining, protecting and/or mitigating
critical areas:
(1) Wetland Report/Wetiand Mitigation Plan
(2) Habitat Management Plan
(3) Geotechnical ReporUGeological Report
(4) Hydrogeological Report
SECTION 2. When Required. Special reports shall be submitted by the applicant and
approved by the departmentfor regulated uses when required by this ordinance for the protection of a critical
area. Refer to specific critical area protection standards when special reports are required.
SECTION 3. 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 zoning ordinance, as now or hereafter amended. 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 procedures in Chapter 1,
Section 9 (Appeals) of this ordinance.
SECTION 4. Qualifications of Professionals. Any special report as described below
prepared by a professional (as described in Chapter 1 of this ordinance), shall include his or her resume, or
other list of qualifications, to aid the department in assessing these qualifications.
SECTION S. Wetland Report/Wetland Mitigation Plan
(1) Wetland Delineation Report. A wetland report shall include, but not necessarily be
limited to, the following:
(a) Vicinity map;
(b) When available, a copy of a National Wetland Inventory Map (U.S. Fish and
Wildlife Service) and/or a Wetland Inventory Map, as approved by the city,
identifying the wetlands on or within 200 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.;
• Ordinance No. 1784
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(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
2-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:
0) 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 150 feet of the site, but need only
delineate those wetland boundaries within the site;
(iii) General site conditions including topography, acreage, and surface
areas of all wetlands identified in the Kitsap County Wetland Atlas
and water bodies within one quarter mile of the subject wetland(s);
(iv) Hydrological analysis, including topography, of existing surface and
known significant sub -surface 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 Chapter 2
(Wetlands) of this ordinance, unless the applicant wishes to employ a
• Ordinance No. 1784
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qualified wetland biologist at the applicant's expense, or if such a report is
required by 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 and Delineation Manual, March
1997, or as amended hereafter.
(c) The wetland boundary shall be field staked and this line shall be depicted
on the Building Site Plan Application.
(d) The regulated wetland
identified on all grading
submitted on the project
(3) Wetland Mitigation Report:
boundary and regulated wetland buffer shall be
, building site, utility or other development plans
(a) Wheneverthe department has determined that losses of regulated wetlands
are necessary and unavoidable, or a review of a regulated wetland 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:
(i) 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 wetlands or wetland impacts;
applying reasonable mitigation measures, such as drainage and
erosion control, alternative site planning, and/or using best available
technology. In reviewing development proposals required to submit
a wetlands mitigation plan, the department shall first determine if
the impact can be avoided (e.g., impacts cannot be avoided if
denial of the development proposal or parts thereof or mitigation
measures would result in an extraordinary hardship and denial of
reasonable use of property).
(ii) 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 wetland 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 wetland 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.
(iii) Rectifying the impact by repairing, rehabilitating, or restoring the
affected environment. This may be done by re-establishingwetland
and wetland buffer characteristics on a site which have been lost by
alterations or activities. Rectifying shall be accomplished in
Ordinance No. 1784
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accordance with the requirements in the subsection (d) below 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.
(iv) Compensating for the impact by replacing, enhancing, or providing
substitute resources or environments. This may be done by
intentionally creating wetlands and wetland buffers at another
location where none currently exist, improving existing wetlands
and wetland buffers at another location, or otherwise providing a
substitute wetland resource at another location as compensation for
any unavoidable adverse wetland impacts. Compensating shall be
accomplished in accordancewith a mitigation plan, which has been
prepared in accordance with the requirements in the subsection (d)
below 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 wetland
impacts may be waived by the department for development
authorized by Chapter 1, Section 8 (Reasonable Use Exception).
(b) The overall goal of any mitigation plan shall be no net loss of regulated
wetland functions and acreage.
(c) Those persons proposing wetland compensatory projects shall show that the
compensation project is associated with an activity or development
otherwise permitted and that the restored, created, or enhanced wetland will
be as persistent as the wetland it replaces by accomplishing the following:
0) Demonstrate sufficient scientific expertise, supervisory capability,
and financial resources to carry out the project; and,
(ii) Demonstrate the capability for monitoring the site and for making
corrections during this period, if the project fails to meet projected
goals; and,
(iii) Protect and manage or provide for the protection and management
of the compensation area to avoid further development or
degradation.
(d) Wetland mitigation plans shall be implemented by the project applicant, and
include the following components:
(i) Baseline Information, A written assessment and accompanying
maps of the impacted wetland shall be produced by the applicant
or applicant's consultant and shall include, at a minimum. Existing
wetland acreage; vegetative, faunal and hydrologic characteristics;
soil and substrate conditions; and topographic elevations.
Ordinance No. 1784
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(ii) If the compensation site is off - site from the impacted wetland site,
baseline information about it, in addition to the above information
about the impacted wetland, shall be provided by the applicant and
shall include all those items listed in (d) (i) above and as well as:
The relationshipof the compensation site within the watershed and
to existing water bodies; existing and proposed existing
compensation site conditions; buffers; and ownership.
(iii) Environmental Goals and Objectives. The report shall identify goals
and objectives and include:
(A) 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 in the new wetland. The goals and objectives shall
be related to the functions of the original wetland or, if
out -of -kind, the type of wetland to be emulated; and,
(B) A review of the available literature and/or experience to
date in restoring or creating the type of wetland proposed
shall be provided. An analysis of the likelihood of success
of the compensation project at duplicating the original
wetland shall be provided based on the experiences of
comparable projects, if any. An analysis of the likelihood
of persistence of the created or restored wetland shall be
provided based on such factors as: Surface and
groundwater supply and flow patterns; dynamics of the
wetland ecosystem; sediment or pollutant 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.
(iv) 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.
(v) 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 wetland 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
Ordinance No. 1784
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water control structures and water -level maintenance practices
needed to achieve the necessary hydrocycle/hydroperiod
characteristics; 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 sufficienttidal prism and circulation data.
(vi) Monitorinq 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:
(A) Establishing vegetation plots to track changes in plant
species composition and density over time;
(B) Using photo stations to evaluate vegetation community
response;
(C) Sampling surface and subsurface waters to determine
pollutant loading and changes from the natural variabilityof
background conditions (pH., nutrients, heavy metals);
(D) Measuring base flow rates and storm water runoff to model
and evaluate water quantity predictions by a licensed
engineer in the state of Washington, where required;
(E) Measuring sedimentation rates, if applicable; and,
(F) Sampling fish and wildlife populations to determine habitat
utilization, species abundance and diversity. A protocol
shall be included outlining how the monitoring data will be
evaluated by agencies that are tracking the progress of the
compensation project. A monitoring report shall be
submitted annually, and at a minimum, documenting
milestones, successes, problems, and contingency actions
of the compensation project. The compensation project
shall be monitored for a period necessary to establish that
performance standards have been met, but not for a period
of less than three years.
(vii) 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.
(viii) Permit Conditions. Any compensation project prepared pursuant to
this section and approved by the department shall become part of
the application for the permit.
(e) Performance Bonds and Demonstration of Competence. A demonstration
of financial resources, administrative, supervisory, and technical
Ordinance No. 1784
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competence and scientific expertise of sufficient standing to successfully
execute the compensation project shall be provided. A compensation
project manager shall be named, and the qualifications of each team
member involved in preparing the mitigation plan and implementing and
supervising the project shall be provided, including educational background
and areas of expertise, training and experience with comparable projects.
In addition, bonds ensuring fulfillment of the compensation project,
monitoring program, and any contingency measure shall be posted in the
amount of one hundred fifty (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 ten years after completion of the mitigation plan.
(f) 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.
(g) List of Qualified Consultants. The department shall establish a list of
qualified consultants to prepare mitigation plans.
SECTION 6. Habitat Management Plan.
(1) This report shall identify how the development impacts from the proposed project will
be mitigated. The Washington Department of Fish and Wildlife Priority Habitat and Species
Management Recommendations, dated May 1991, or bald eagle protection rules outlined in
WAC 232-12-292, as now or hereafter amended, may serve as guidance for this report. The
recommendation in the Washington Department of Fish and Wildlife, Priority Habitat and
Species Management Recommendations, dated May 1991, shall not serve as mandatory
standards or policy of this ordinance, 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.
(2) The Habitat Management Plan shall contain a map prepared at an easily readable
scale, showing:
(a) The location of the proposed development site;
(b) The relationship of the site to surrounding topographic, 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.
(3) 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,
Ordinance No. 1784
Page 64 of 75
(c) 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, this chapter)
(4) 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.
(5) 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.
SECTION 7. Geotechnical Report and Geological Report.
(1) A geotechnical report shall include a description of the site geology, conclusions and
recommendations regarding the effect of geologic conditions on the proposed development,
opinions and recommendations of the adequacy of the site to be developed, the effects of
groundwater interception and infiltration, seepage, potential slip planes, and changes in soil
bearing strength, and the impacts of the proposed development and appropriate mitigating
measures. A geotechnical report may contain information obtained with subsurface
investigative measures such as test pit digging, soil boring, water well installation or Dutch
Cone Penetrometer investigations. Reports containing engineering design
recommendations; i.e., recommendations for foundations (loading, sizing, depth, or
settlement estimates), pile or pier design, retaining structures, or recommendations for
construction on slopes steeper than 30%, must be prepared by or in conjunction with a
licensed geotechnical engineer as defined below.
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 below.
(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,
Ordinance No. 1784
Page 65 of 75
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.
SECTION 8. Hydrogeological Report. A hydrogeologicai report shall be required for
certain proposed operations based on a consultation with the appropriate local and state agencies. The report
shall address the impact the proposed land use will have on both the quality and quantity of the water
transmitted to the aquifer. The report shall also address the types of pesticides and herbicides and fertilizers
that can safely be used for the care of landscaping proposed by the applicant.
(1) The report shall be submitted to the reviewing authority and address, at a minimum,
the following criteria:
(a) Surficial soil type and geologic setting;
(b) Location and identification of wells within 1000 feet of the site;
(c) Location and identification of surface water bodies and springs within 1000
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 BMP's (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.
Ordinance No. 1784
Page 66 of 75
(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 4 feet below the lowest
proposed excavation point which ever is greater) for each acre in the parcel(s) being
evaluated. At least one well which is 200 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 hydro geologic 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.
SECTION 9. Validity. The invalidity or unconstitutionality of any provision or section of
this ordinance shall not render any other provision or section of this ordinance invalid or unconstitutional.
PASSED by the city council of the city of Port Orchard, signed by the Mayor and attested by the
Clerk in authentication of such passage this 13' day of December 1999.
ATTEST:
Patricia Parks, City Clerk
-• 97UM1101 •"
LESLIE J EATHERILL, MAYOR
SPONSORED BY:
Councilman van Zee
•
CHAPTER 8: APPENDICES
• Ordinance No. 1784
Page 67 of 75
The purpose of the Appendices is to provide supporting documentation to assist in the implementation of the
ordinance.
Appendix A:
Washington State Wetlands Rating System Categories.
Appendix B:
Washington State DNR Stream Rating System.
Appendix C:
Kitsap County's GIS Database of Critical Areas Information.
Appendix D:
Site Development Figures.
Appendix E:
Port Orchard Critical Area and Buffer Notice.
Appendix F:
Kitsap County Shallow Principal Aquifer Listing.
• Ordinance No. 1784
Page 68 of 75
APPENDix A: WASHINGTON STATE WETLANDS RATING SYSTEM CATEGORIES
This system utilizes a four -tier process. The following text includes an additional categorization system for
wetlands.
(1) Category I Wetlands:
(a) Habitat for endangered or threatened fish or animal species or for potentially
eradicated plant species recognized by state or federal agencies;
(b) High quality native or regionally rare wetland communities with irreplaceable
ecological functions including, but not limited to, sphagnum bogs and fens,
estuarine wetlands, mature forested wetlands, or wetlands which qualify for
inclusion in the Natural Heritage Information System; or
(c) Wetlands of exceptional local significance. The criteria for determining
exceptional local significance shall include, but not be limited to the following
factors: rarity; high aquifer recharge function; a significant habitat or unique
educational site, including but not limited to unusual nesting or resting sites
such as heron rookeries or raptor nesting trees; or consideration of other
specific functional values.
(2) Category it Wetlands: These wetlands satisfy no Category I criteria and are:
(a) Wetlands with significant habitat value of 22 or more points from the State.
Rating System; or
(b) Habitats for sensitive plant, fish or animal species recognized by federal or
state agencies; or
(c) Rare wetland communities listed in subsection (1)(b) (under Category 1)
which are not high quality; or
(d) Wetland types with significant functions, which cannot be adequately
replicated through creation or restoration. These are demonstrated by the
following characteristics:
(i) Significant peat systems;
(ii) Forested wetlands that have three canopy layers, excluding single
species stands of red alder averaging eight inches in diameter at
breast height or less; or
(iii) Significant spring fed systems; or
(e) Wetlands with significant habitat value based on diversity and size; or
(f) . Wetlands five acres or greater in size, and containing open water at any time
during a normal year, and two or more subclasses of vegetation in a
dispersed pattern; or
(g) Wetlands contiguous with Salmonid fish -bearing water, including streams
where flow is intermittent; or
Ordinance No. 1784
Page 69 of 75
(h) Wetlands with significant use by fish and wildlife.
(3) Category III Wetlands: Wetlands that do not contain features outlined in Category
I or II, but have one or more of the following features:
(a) Wetlands with a habitat value of 21 points or less from the State Rating
System;
(b) Wetlands that are contiguous with a stream, river, pond, lake or marine
water; or
(c) isolated wetlands larger than one acre; or
(d) Wetlands (isolated or contiguous) that provide a critical aquifer recharge
function; or
(e) Wetlands more than .5 acre that have less than 80% cover of hardhack, soft
rush or alder at least 20 years of age; or
(f) Wetlands more than .5 acre that have less than 80% cover of non-native
species, including, but not limited to, reed canary grass and common
pasture grasses.
(4) Category IV Wetlands., Wetlands which do not meet the criteria of a Category 1, 11
or III wetland; and,
(a) Isolated wetlands that are less than or equal to one acre in size, are
hydrologically isolated, have only one wetland class, and have only one
dominant plant species (>80% area cover of monotypic vegetation); or
(b) Isolated wetlands that are less than or equal to two acres in size, are
hydrologically isolated, have only one wetland class and a predominance of
exotic species (>90% area cover.)
(5) Additional Categorization Standards: Portions of a Category I or 11 Wetland may be
classified as a Category II or III Wetland based upon its functional characteristics if it meets
the following criteria:
(a) The portion of the wetland subject to Category III distinction meets the
minimum threshold of 2,500sq. ft. required for regulatory purposes;
(b) The portion of the wetland subject to Category it or Ill distinction and meets
the technical criteria required for a Category II or III Wetland, as determined
in the Wetland Rating System;
(c) The portion of the wetland rated lower in category that functions as a buffer
for the portion of the wetland rated higher in category;
(d) The portion of the wetland rated lower in category which has a width of at
least twice the required buffer width of that portion of the wetland
immediately within 200 feet to it that is rated higher in category.
Ordinance No. 1784
Page 70 of 75
APPENDIX B: WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES STREAM RATING
SYSTEM
Washington State
Department of Natural Resources
Stream Rating System
A. "Type 1 Streams" are those surfaces waters which meet the criteria of the
Washington Department of Natural Resources, WAC 222-I6-30 (1) as amended,
as a Type 1 Water and are inventoried as "Shorelines of the State' under the
Shnrelin_e_Mast_er Pmgmm for Kitaarn Ce� arty (1977), pursuant to RCW Chapter
90.58. Type 1 waters contain salmonid fish habitat.
B. "Type 2 Streams" are those surface waters which meet the criteria of the
Washington Department of Natural Resources, WAC 222-6-030 (2) as amended,
as a type 2 Water. Type 2 streams contain habitat for salmonid fish, game fish
and other and anadromus fish.
C. "'Type 3 Streams" are these surface waters which meet the criteria of the
Washington Department of Natural Resources, WAC 222-6-030 (3) as amended,
as a type 3 Water. Type 3 streams contain habitat for salmonid fish, game fish,
and other and anadromus fish
D. "Type 4 Streams" are those surface waters which meet the criteria of the
Washington Department of Natural Resources, WAC 222-6-030 (4) as amended,
as a type 4 Water. Type 4 waters do not contain salmonid fish habitat.
E. "Type 5 Streams" are those surfaces which meet the criteria of the Washington
Department of Natural Resources, WAC 222-6-030 (5) as amended, as a type 5.
These streams are areas of perennial or intermittent seepage, ponds, and drainage
ways having short periods of spring or stonn runoff. Type 5 waters do not
contain salmonid fish
• Ordinance No. 1784
Page 71 of 75
APPENDIX C: KITSAPCOUNTY'S 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. Dept of Agriculture, Soil
Conservation Service
Aquifers
Critical Aqifer Recharge Areas
Kitsap PUD #1
Agifier Recharge Areas of Concern
Kilsap PUD #1
Prinicipal Aquifiers
Kitsap PUD #1
Permeable Soils, Soil Survey of
Kitsap county Area, Washington
U.S. Dept of Agriculture, Soil
Conservation Service
Fish & Wildlife Habitat
Conservation Areas
National Wetlands inventory
U.S. Fish and Wildlife Service
Non -Game & Priority Habitat and
Species Database
State Dept. Of Fish & Wildlife
State Dept. Of Fish & Wildlife
Commerical and Recreational
Shellfish Area Inventory
State Dept. Of Health
State Dept. Of Natural
Resources
Waters of the Slate
Costal Zone Atlas of Washington,
Vol. Ten
State Dept. Of Ecology
Frequently Flooded Areas
Flood Insurance Rate Map
Federal Emergency
Management Agency
Geologically Hazardous
Areas
Costal Zone Atlas of Washington,
Vol. Ten
State Dept. Of Ecology
Jerald Deeter, 1979
Quaternary Geology and
Stratigraphy of Kitsap County
U.S. Dept of Agriculture. Soil
Conservation Service
Soil Survey of Kitsap County Area
Washington
Appendix D
Percent Slope Calculation
e is calculated by dividing the vertical distance
ie horizontal distance. then multiplying the
It by )00. F-tomple:
crtical Distance of 20 fact = 2 x 100 = W% slope
izontal Distance of 100 feat
The 1.i-Joot minimum vegetated buffer
and building setback for slopes over M. Building
setbacks are determined by the slope height or
informafion from a geotechnical report.
C ad/I fWirabve AffAIr
Ordinance No. 1784
i
Page 72 of 75
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The site drawing above shows the location and types ofcritical areas and the
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vice Plan A%owin9 live%pment
You must identify specific items_ on your site plan development proposal:
. Location of known critical areas
. Location of the proposed building
Distance ofproposed building from critical areas
Required vegetated buffer widths on critical areas (Make a nose on the
plan which reads, "Natural vegetation buffer, existing natural vegetation
to remain.')
North arrow and plan scale
Ordinance No. 1784
Page 74 of 75
APPENDix E: CITYOF PORT ORCHARD CRITICAL AREA AND BUFFER NOTICE
Return Address:
CITY OF PORT ORCHARD
CRITICAL AREA AND BUFFER NOTICE
Legal DescriptionSec: TWN: RGE:
Present Owner (Please Print):
Tax Account #:
NOTICE: The subject property contains a critical area and/or its required 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 it 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 sill be subject to further review for compliance with the City of Port Orchard Critical
Areas Ordinance.
EXECUTED this _ day of _
STATE OF WASMNGTON )
COUNTY OF KITSAP )
On this day personally appeared before me , to me known to be the
individua(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 purposed 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
0 & .-- -1
Ordinance No. 1784
Page 75 of 75
APPENDIX F: KITSAP COUNTY SHALLOW PRINCIPAL AQUIFER LISTING
l
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"
wo
Hansville
+250
Gorst
+ 50
North Lake (McCormick Woods)
+350
Port Gamble
+100
Da
Island Lake (upper) +150
Port Gamble South - 50
Wilson Creek +150
Banger (upper)
+I00
CIam Bay
0
Edgewater
+130
Island Lake
+150
Kinston (upper)
- 25
Poulsbo
+225
Manette-Bremerton North
0
Seabeck
+100
Squanush-Miller Bay
0
Yukon
0
TABLE OF CONTENTS
CHAPTER ONE: INTRODUCTORY AND APPROVAL PROCEDURES...................................................1
SECTION1.
POLICY GOALS................................................................................................................. 1
SECTION 2.
APPLICABILITY..................................................................................................................
2
SECTION 3.
RELATIONSHIP TO OTHER CITY REGULATIONS..........................................................
3
SECTION 4.
GENERAL EXEMPTIONS ................................................
SECTION 5.
REVIEW AUTHORITY........................................................................................................
4
SECTION 6.
STANDARDS FOR EXISTING DEVELOPMENT...............................................................
5
SECTION 7.
VARIANCES..................................................................................
SECTION 8.
REASONABLE USE EXCEPTION.....................................................................
... 7
SECTION9.
APPEALS............................................................................................................................
7
SECTION 10.
CRITICAL AREA AND BUFFER NOTICE TO TITLE.........................................................
8
SECTION 11.
APPLICATION REQUIREMENTS, GENERAL...................................................................
9
SECTION 12.
INVENTORY PROVISIONS .............................. :........................................................
...... 10
SECTION13.
ENFORCEMENT..............................................................................................................
10
SECTION 14.
DEFINITIONS...................................................................................................................
11
CHAPTER TWO: WETLANDS.................................................................................................................
24
SECTION1.
PURPOSE........................................................................................................................
24
SECTION 2.
WETLAND CATEGORIES................................................................................................
24
SECTION 3.
REGULATED AND NON -REGULATED WETLANDS CLASSIFICATION .......................
25
SECTION 4.
DEVELOPMENT STANDARDS.......................................................................................
25
SECTION 5.
REGULATED USES AND ACTIVITIES............................................................................
28
SECTION 6.
ADDITIONAL DEVELOPMENT STANDARDS FOR REGULATED USES ......................
31
SECTION 7.
SPECIAL USE REVIEW...................................................................................................
34
SECTION 8.
APPLICATION REQUIREMENTS....................................................................................
35
SECTION 9.
DETERMINATION OF WETLAND BOUNDARIES...........................................................
35
SECTION 10.
WETLAND MITIGATION REQUIREMENTS....................................................................
35
SECTION 11.
INCENTIVES FOR WETLANDS PROTECTION.... ............. ............................................
39
CHAPTER THREE: FISH AND WILDLIFE HABITAT CONSERVATION AREAS ..................................
39
SECTION1.
PURPOSE...................................................................................................
39
SECTION 2.
FISH AND WILDLIFE HABITAT CONSERVATION AREA CATEGORIES ......................
39
SECTION 3.
DEVELOPMENT STANDARDS.......................................................................................
40
CHAPTER FOUR:
GEOLOGICALLY HAZARDOUS AREAS.................................................................
49
SECTION1.
PURPOSE ........................ ................................................................................................
49
SECTION 2.
GEOLOGICALLY HAZARDOUS AREA CATEGORIES ...................................................
49
SECTION 3.
DEVELOPMENT STANDARDS.......................................................................................
50
CHAPTER FIVE: FREQUENTLY FLOODED AREAS..............................................................................
53
SECTION1.
PURPOSE........................................................................................................................
53
CHAPTER SIX:
CRITICAL AQUIFER RECHARGE AREAS...................................................................
53
SECTION1.
PURPOSE........................................................................................................................
53
SECTION 2.
CRITICAL AQUIFER RECHARGE AREA CATEGORIES ................................................
54
SECTION 3.
DEVELOPMENT STANDARDS.......................................................................................
55
CHAPTER SEVEN:
SPECIAL REPORTS................................................................................................58
SECTION1.
PURPOSE........................................................................................................................
58
SECTION2.
WHEN REQUIRED...........................................................................................................
58
SECTION 3. SPECIAL REPORTS........................................................................................................ 58
SECTION 4. QUALIFICATIONS OF PROFESSIONALS...................................................................... 58
SECTION 5. WETLAND REPORTIWETLAND MITIGATION PLAN ..................................................... 58
SECTION 6. HABITAT MANAGEMENT PLAN..................................................................................... 64
SECTION 7. GEOTECHNICAL REPORT AND GEOLOGICAL REPORT ............................................ 65
SECTION 8. HYDROGEOLOGICAL REPORT..................................................................................... 66
SECTION9. VALIDITY.. ........................................................................................................................ 67
CHAPTER EIGHT: APPENDICES............................................................................................................ 68
APPENDIX A: WASHINGTON STATE WETLANDS RATING SYSTEM CATEGORIES ......................... 69
APPENDIX B: WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES STREAM RATING
SYSTEM................................................................................................................................................. 71
APPENDIX C: KITSAP COUNTY'S GIS DATABASE OF CRITICAL AREAS INFORMATION ................ 72
APPENDIX D: SITE DEVELOPMENT FIGURES.................................................................................... 73
APPEND]X E: CITY OF PORT ORCHARD CRITICAL AREA AND BUFFER NOTICE ........................... 76
APPENDIX F: KITSAP COUNTY SHALLOW PRINCIPAL AQUIFER LISTING ....................................... 77