030-09 - Ordinance - Amending Ordinance 1784 and Amending Title 18 Environmental RegulationsIntroduced: Development Director
Requested by: Development Director
Drafted by: Development Director
Public Hearing: November 24, 2009
Adopted: December 8, 2009
ORDINANCE NO.030-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING ORDINANCE NO.1784, CODIFYING THE AMENDED ORDINANCE,
AND RENAMING AND AMENDING TITLE 18 OF THE PORT ORCHARD
MUNICIPAL CODE
WHEREAS, the City Council has undertaken a comprehensive review of the Development
Regulations and Environmental Regulations in order to create an integrated set of documents that are
internally consistent and user friendly; and
WHEREAS, Port Orchard adopted its last Critical Areas Ordinance (CAO) on December 13,
1999 through Ordinance No. 1784.
WHEREAS, the Mayor, City Council, Planning Commission, and staff have held a series of
special meetings over a period of months, which meetings were properly noticed and open to the
public, to prepare an integrated set of documents known as the Environmental Regulations; and
WHEREAS, The Growth Management Act (GMA), specifically RCW 36.7oA.170(r)(d) and
RCW 36.70.o6o (2), requires the designation of critical areas and the adoption of development
regulations to protect those critical areas. Critical areas are defined in RCW 36.7oA.030(5) as "(a)
wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and
wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas."
WHEREAS, Pursuantto RCW 36.7oA.130, the City of Port Orchard is required -to reviewand,
if needed, revise its development regulations protecting critical areas ("Critical Areas Ordinance") to
ensure that the regulations comply with the requirements of GMA.
WHEREAS, Pursuant to RCW 36.7oA.172, the City of Port Orchard is required to include the
best available science ("BAS") in developing and updating policies and development regulations to
protect the functions and values of critical areas, and to give special consideration to conservation or
protection measures necessary to preserve or enhance anadromous fisheries.
WHEREAS, pursuant to RCW 36.7oA io6, a draft of the Environmental Regulations was
provided to the Washington Department of Community Trade and Economic Development for its
review and comment; and
WHEREAS, on September 25, 20o9 the City's SEPA official issued a Determination of Non -
Significance; and
WHEREAS, at a meeting held April 20, 2009 the Planning Commission reviewed the
proposed Environmental Regulations and provided the Council with its recommendation; and
WHEREAS, after proper notice, the City Council held a public hearing, on November 24,
2oo9 and received written and oral comment from members of the public regarding the provisions of
Ordinance No.030-09
Page 2 of 89
the proposed Environmental Regulations; and
WHEREAS, Ordinance No.1784 was never codified and the City Council desires to codify the
amended Ordinance by adding its provisions to Title 18 of the Port Orchard Municipal Code; and
WHEREAS, after considering input from the Planning Commission and the public, the City
Council finds that the Environmental Regulations serve the public health, safety, and general welfare of
the citizens of Port Orchard; and
WHEREAS, the City Council also finds that the Environmental Regulations are consistent
with the goals and policies of the City s Comprehensive Plan and with the Growth Management Act,
Chapter 36.7oA RCW; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION i. Ordinance No. 1784 is hereby amended to read as follows: See Exhibit A,
which is attached hereto and incorporated by this reference.
SECTION 2. Port Orchard Municipal Code is hereby amended by renaming Title 18
"Environmental Regulations."
SECTION R. Port Orchard Municipal Code is hereby amended by adding Chapters 18.oi
through 18.25, as shown in Exhibit A attached hereto and incorporated by this reference.
SECTION a. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this ordinance.
SECTION &. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, OVE �ayor and
attested by the Clerk in authentication of such passage this D e og.
A ST:
Patricia J. 41KC1ra+tricCMC2,CqjtV Cilerk
APPROVEDM TO FORM:
Gregory A. Ja by Ci Att rney
Spon
10,
Robert Putaansuu, Councilmember
Ordinance No. 030-09
Page 3 of 89
Chapter 18.01
Chapter 18.02
Chapter 18.04
Chapter 18.06
Chapter 18.08
Chapter 18.10
Chapter 18.12
Chapter 18.14
Chapter 18.16
Chapter 18.18
Chapter 18.20
Chapter 18.25
TITLE 18
Environmental Regulations
General Provisions —Critical Areas
Definitions - Critical Areas
Wetlands
Fish and Wildlife Habitat Conservation
Geologically Hazardous Areas
Frequently Flooded Areas
Critical Aquifer Recharge Areas
Special Reports
Habitat Management Plan
Geotechnical Report and Geological
Hydrogeological reports
Appendices
Areas
Report
Ordinance No. 030-09
Page 4 of 89
CHAPTER 18.01
General Provisions cal Areas
Sections:
18.01.005
Title
18.01.010
Policy Goals
18.01.020
Applicability
18.01.030
Relationship to Other City Regulations
18.01.040
General Exemptions
18.01.050
Review Authority
18.01.060
Standards for Existing Development
18.01.070
Variances
18.01.080
Reasonable Use Exception
18.01.090
Appeals
18.01.100
Critical Area and Buffer Notice To Title
18.01.110
Application Requirements, General
18.01.120
Inventory Provisions
18.01.130
Enforcement
18.01.140
Validity
18.01.005 Title
The Port Orchard Municipal Code Title 18, Chapters 18.01 through 18.25, shall be known and may
be cited as the "Critical Areas Ordinance" or 'CAO."
18.01.010 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 for public emergency rescue and relief operations. impacts, and costs
(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 pursuant to Best Available Science.
(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 flows 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.
(10) Maintain groundwater recharge and prevent the contamination of groundwater.
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(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.
(13) Protect and respect private property rights in coordination with Critical Areas and their
environmental functions.
18.01.020 Applicability.
(1) The city of Port Orchard shall not 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 construct
or alter any structure or improvement, for any development proposal regulated by the provisions of
the Critical Areas Ordinance, except in compliance with the provisions of Chapters 18.01 through
18.25 POMC. Failure to comply with the provisions of Chapters 18.01 through 18.25 POMC shall be
considered a violation and subject to enforcement procedures as provided for in this Chapter.
(2) The provisions of the Critical Areas Ordinance apply 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 the CAO:
(a) clearing and grading;
(b) site plan approval
(c) subdivision or short subdivision
(d) building permit
(e) planned residential development
(f) shoreline substantial development
(g) variance
(h) conditional use permit
(i) certain forest practice permits (Class IV General, Class III Conversion Option Harvest
Plans)
(j) 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) The Critical Areas Ordinance does not require any permit in addition to those otherwise
required by city ordinances. The CAO is an overlay to the zoning ordinances; while it does not
require any additional permits, activities regulated by the zoning ordinances are also subject to
critical area requirements.
(5) The development standards and other requirements of this chapter 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
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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 title 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 18.02 through 18.20
for specific development standards.
18.01.030 Relationship to Other City Regulations.
When any provision of any other chapter of another Port Orchard ordinance conflicts with the
Critical Areas 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 the Critical Areas 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 Municipal Code Chapter 16.72 and RCW 58.17 concerning subdivisions;
3. City of Port Orchard Municipal Code Chapter 16.72 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 Municipal Code Chapter 2.64 concerning enforcement;
9. City of Port Orchard Municipal Code Chapter 14.04 concerning SEPA;
10. City of Port Orchard Municipal Code Chapter 15.32 concerning Stormwater; and,
11. City of Port Orchard Title 16 concerning land use regulations and zoning; and,
12. City of Port Orchard Municipal Code Chapter 15.38 concerning Flood Damage Prevention.
18.01.040 General Exemptions.
The following activities are exempt from the requirements of this title:
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 title.
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
Ordinance No. 030-09
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activities shall not involve conversion of any wetland not currently being used for such
activity.
4. Structural alterations to buildings, permitted under the underlying city ordinance, which do
not alter 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).
18.01.050 Review Authority.
(1) In evaluating a request for a development proposal regulated by this title, 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 title;
(b) Whether the development proposal is consistent with this title, by granting, denying
or conditioning projects;
(c) Whether proposed alterations to critical areas are appropriate under the standards
contained in this title, 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 title,
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 chapters of this title. The process to reduce
standards will be based on site specific criteria determined through review of individual project
circumstances and based on the some criteria as required for the granting of variances in POMC
18.01.070.
(3) Where projects have been approved with conditions to protect critical areas under previous
protection policies in effect prior to the adoption of this title, those conditions will apply. The
provisions of this title 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.
18.01.060 Standards for Existing Development.
Existing development means a development that was lawfully constructed, approved or established
prior to the effective date of this title but does not conform to present regulations or standards of this
title.
(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 title becomes effective, and
which were lawfully constructed, that do not meet the setback or buffer requirements of this
title 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 Chapter 15.38 POMC 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 forwildlife habitat.
18.01.070 Variances.
(1) A variance in the application of the regulations, standards, or use' prohibitions of the City's
Critical Areas Ordinance, Chapter 18.01-18.20, to a particular piece of property 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 the CAO 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 title 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 the CAO.
(d) The granting of the variance is the minimum necessary to accommodate the
permitted use.
(e) No other practicable or reasonable alternative exists. (See Definitions, POMC 18.02
and POMC 16.08..)
(f) A mitigation plan (where required) has been submitted and is approved for the
proposed use of the critical area.
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(2) The city Hearing Examiner 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 title.
(4) Except when application of the City's Critical Areas Ordinance would deny all reasonable
use of the property, an applicant who seeks an exception from the standards and requirements of
the CAO shall pursue relief by means of a variance as provided for in this section.
(5) Requests for variances shall include the application requirements of POMC 18.01.1 10 POMC,
POMC 18.01.360 and Chapter 16.06 POMC (Mitigation Report/Wetland Mitigation Plan), whichever is
applicable.
(6) The department shall review administrative variances based on the criteria and standards
referenced in this Chapter and the procedures in Chapter 16.06 POMC.
(7) The department may grant administrative variances for public utilities to the substantive or
procedural requirements of the CAO when:
(a) Application of the CAO 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.
18.01.080 Reasonable Use Exception. If the application of the CAO would deny all reasonable
use of the property, the applicant may apply for a reasonable use exception pursuant to this sub
section:
(1) The applicant shall apply to the department, and the department shall prepare a staff
report to the Hearing Examiner. The applicant may apply for a reasonable use exception without
first having applied for a variance if the requested exception includes relief from standards forwhich
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 Hearing Examiner shall review the application and shall conduct a public hearing
pursuant to the provisions as set forth in the Port Orchard Land Use Regulatory code and Chapter
2.76 POMC. The Hearing Examiner shall make a final decision based on the following criteria:
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(a) The application of the Critical Areas 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 the Critical Areas Ordinance 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 Hearing Examiner including, but not limited to, mitigation under an approved
mitigation plan.
18.01.090 Appeals.
(1) Appealable Actions: The following decisions or actions required by the CAO may be
appealed by the City applicant or affected party:
(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
Chapters 18.01 through 18.25 POMC may be appealed.
(b) Any decision to approve, condition, or deny an administrative variance application
by the department may be appealed.
(c) Any decision to require or not require a special report pursuant to Chapter 18.14
POMC may be appealed.
(2) Appeal Process. The following process shall be followed in submitting an appeal and taking
action:
(a) All appeals shall be timely filed pursuant to Chapter 16.06.072 POMC;
(b) All appeals shall be processed in accordance with the provisions of Chapter 16.06
and Chapter 2.76 POMC; and
(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.
18.01.100 Critical Area and Buffer Notice To Title.
(1) Project proponents shall file a "Critical Area and Buffer Notice to Title" on a form approved
by the City with the Kitsap County Auditor on all development proposals subject to the provisions of
the Critical Areas 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 Chapters 18.01 through 18.25 POMC. 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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18.01.110 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 Land Use Regulatory Code; 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 Chapters 18.01 through 18.25 POMC; 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
Chapter or for review of special environmental reports shall be made with the department by the
property owner, lessee, contract purchaser, other person entitled to possession of the property, or by
an authorized agent.
(4) 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 the Critical Areas Ordinance shall be
reviewed by the department for completeness and consistency or inconsistency with Chapters 18.01
through 18.25 POMC.
(6) At every stage of the application process, the burden of demonstrating that any proposed
development is consistent with the Critical Areas Ordinance is upon the applicant.
(7) All site plan applications for development proposals subject to the Critical Areas 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.
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18.01.120 Inventory Provisions.
(1) The approximate location and extent of mapped critical areas within the city are shown on
the maps adopted as part of the Critical Areas 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 Chapters 18.01 through 18.25 POMC.
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, site specific
environmental reports and other sources.
18.01.130 Enforcement.
(1) Authorization: The director is authorized to enforce the Critical Areas Ordinance, and to
designate city employees as authorized representatives of the department to investigate suspected
violations of Chapters 18.01 through 18.25 POMC, 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 the
Critical Areas Ordinance, 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 Chapters 18.01 through 18.25
POMC, 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 and reasonable measures are taken to respect private property rights. 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, in
accordance with the requirements of the US and Washington Constitutions.
(3) Stop Work Orders: Whenever any work or activity is being done contrary to the provisions of
Chapters 18.01 through 18.25 POMC 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 director or his/her designee is authorized to enforce the provisions of the
Critical Areas Ordinance and any permit, order or approval issued pursuant to Chapters 18.01
through 18.25 POMC, against any violation or threatened violation thereof. The violation of any
provision of the Critical Areas Ordinance shall be enforced in accordance with Chapter 2.64 POMC.
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
Chapters 18.01 through 18.25 POMC.
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(6) Other Legal or Equitable 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 the Critical
Areas Ordinance.
18.01.140 Validity. The invalidity or unconstitutionality of any provision or section of this title shall
not render any other provision or section of this title invalid or unconstitutional.
CHAPTER 18.02
DEFINTIONS
18.02.001 Definitions - Generally
18.02.002 Adjacent
18.02.004 Agricultural Practices
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18.02.006
Alteration
18.02.008
Anadromous fish
18.02.010
Applicant
18.02.012
Aquaculture Practices
18.02.014
Aquifer
18.02.016
Aquifer Recharge
18.02.018
Aquifer Recharge Area
18.02.020
Aquifer Susceptibility
18.02.022
Aquifer Vulnerability
18.02.024
Bank Stabilization
18.02.026
Bench (geologic)
18.02.028
Best Available Science
18.02.030
Best Management Practices
18.02.032
Biologist
18.02.034
Bog
18.02.036
Buffer
18.02.038
Candidate Species (State -listed)
18.02.040
City
18.02.042
City Council
18.02.044
Clearing
18.02.046
Compensation
18.02.048
Conversion Option Harvest Plan (COHP)
18.02.050
Creation
18.02.052
Critical Area Buffer
18.02.054
Critical Areas Ordinance or CAO
18.02.056
Critical Area Protection Easement
18.02.058
Critical Aquifer Recharge Areas
18.02.060
Critical Areas
18.02.062
Critical Facilities
18.02.064
Danger Trees
18.02.066
Debris
18.02.068
Department
18.02.070
Detention Facilities
18.02.072
Development Proposal Site
18.02.074
Director
18.02.076
Draining (related to wetland):
18.02.080
Easement or Critical Area Protection Easement
18.02.082
Endangered Species (state listed)
18.02.084
Enhancement
18.02.086
Erosion
18.02.088
Erosion Hazard Areas
18.02.090
Excavation
18.02.092
Existing and Ongoing Agriculture
18.02.094
Exotic
18.02.096
Extraordinary Hardship
18.02.098
Farm and Agricultural Conservation Land
18.02.100
Farm Pond
18.02.106
Fen
18.02.108
Filling or Fill
18.02.110
Floodplain
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Page 16 of 89
18.02.112
Roadway
18.02.1 14
Forage fish
18.02.1 16
Forest Practices
18.02.1 18
Frequently Flooded Areas
18.02.120
Geologic Hazard Areas
18.02.122
Geologist
18.02.124
Geotechnical Engineer
18.02.126
Geotechnical Report and Geological Report
18.02.128
Grading (construction)
18.02.130
Grazed Wet Meadows
18.02.132
Grubbing
18.02.134
Habitat
18.02.136
Habitat of Local Importance
18.02.138
Habitat management plan
18.02.140
Hazardous Substance(s)
18.02.142
Hearing Examiner
18.02.144
Hydric Soils
18.02.146
Hydrologist or Hydrogeologist
18.02.148
Hydrophytes
18.02.150
Infiltration Rate
18.02.152
Investigation
18.02.154
Landslide Hazard Areas
18.02.156
Liquefaction
18.02.158
Lot
18.02.160
Low Impact Activities
18.02.162
Major New Development
18.02.164
Minor New Development
18.02.166
Mitigation
18.02.168
Native Vegetation
18.02.170
Non -conforming Use or Structure
18.02.172
Normal Maintenance
18.02.174
Open Space
18.02.176
Ordinary High Water Mark
18.02.178
Organic Debris
18.02.180
Out -of -Kind Compensation
18.02.182
Permit
18.02.184
Planned Residential Development (PRD)
18.02.186
Planning Commission
18.02.188
Pond
18.02.190
Practicable Alternative
18.02.192
Priority Habitat
18.02.194
Priority Species
18.02.196
Public Facilities
18.02.198
Public Project of Significant Importance
18.02.200
Public Right -of -Way
18.02.202
Public Utility
18.02.206
Ravine
18.02.208
Refuse
18.02.210
Reasonable Alternative
18.02.212
Reasonable Use
18.02.214
Reasonable Use Exception
18.02.216
Regulated Use or Activity
Ordinance No. 030-09
Page 17 of 89
18.02.218
Rehabilitation
18.02.220
Restoration
18.02.222
Retention Facilities
18.02.224
Riparian Area
18.02.226
Salmonid
18.02.228
Sensitive Species (state listed):
18.02.230
Shorelines
18.02.232
Shorelines of State -Wide Significance
18.02.234
Single -Family Dwelling
18.02.236
Special Flood Hazard Areas
18.02.238
Species of Concern
18.02.240
State Environmental Policy Act or SEPA
18.02.242
Streams
18.02.244
Susceptibility (groundwater)
18.02.246
Swale
18.02.248
Threatened Species (State listed)
18.02.250
Toe of Slope
18.02.252
Top of Slope
18.02.254
Unavoidable and Necessary Impacts
18.02.256
Utilities
18.02.258
Utility Corridor
18.02.260
Vulnerability (groundwater)
18.02.262
Wetlands
18.02.264
Wetlands, Isolated
18.02.266
Wetland Determination
18.02.268
Wetlands Report
18.02.270
Wetland Edge
18.02.272
Wetlands of Regional Significance
18.02.274
Wetlands Specialist
18.02.276
Wetlands of Statewide Significance
18.02.278
Wetpond
18.02.280
Wildlife Biologist
18.02.001 Definitions - Generally. All words used in this Title shall have their common
definition, as used in context, unless a specific definition is set forth herein. The definitions set
forth in this Chapter shall control, followed by definitions in Chapter 16.08 of the Land Use
Regulatory Code, and then the common definition.
18.02.002 Adjacent: For the purpose of the Critical Areas Ordinance, "adjacent' is defined as
the area within 200 feet of a critical area.
18.02.004 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.
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18.02.006 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 Department of Agriculture or 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.
18.02.008 Anadromous fish: "Anadromous fish" means fish whose life cycle includes time spent
in both fresh and salt water.
18.02.010 Applicant: The person, party, firm, corporation or legal entity, or agent thereof that
proposes a development of property in the city of Port Orchard.
18.02.012 Aquaculture 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.
18.02.014 Aquifer: A saturated body of rock, sand, gravel or other geologic material that is
capable of storing, transmitting and yielding water to a well.
18.02.016 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).
18.02.018 Aquifer Recharge Area: Those areas overlying aquifer(s) where natural or artificial
sources of water can move downward to an aquifer(s).
18.02.020 Aquifer Susceptibility: The ability of the natural system to transmit contaminants to
and through the groundwater system.
18.02.022 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.
18.02.024 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.
18.02.026 Bench (geologic): A relatively flat and wide landform along a valley wall.
18.02.028 Best Available Science: "Best available science" means scientifically valid
information in accordance with WAC 365-195-905, as now or hereafter amended, that is used to
develop and implement critical areas policies or regulations.
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18.02.030 Best Management Practices: Conservation practices (physical, structural and/or
managerial) or systems of practices and management measures that:
a) Control soil loss and reduce water quality degradation caused by nutrients,
pathogens, bacteria, toxic substances, pesticides, oil and grease, and sediment;
and,
b) Minimize adverse impacts to surface water and groundwater flow, circulation
patterns, and to the chemical, physical, and biological characteristics of critical
areas.
18.02.032 Biologist: 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.
18.02.034 Bog: Wetlands which have the following characteristics: Peat soils 16 inches or more
in depth; any depth over bedrock; and vegetation such as sphagnum moss, labrador tea, bog
laurel, bog rosemary, sundews, and sedges. Bogs may have an overstory of spruce, shore pine and
may be associated with open water.
18.02.036 Buffer: A non -clearing native vegetation area, which is intended to protect the
functions and values of critical areas.
18.02.038 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 listed State
Threatened or State Sensitive Species may also be designated as a State Candidate Species if their
status is in question. State Candidate Species will be managed by the Department of Fish and
Wildlife, as needed, to ensure the long-term survival of populations in Washington. They are listed in
WDFW. Policy 4802.
18.02.040 City: The city of Port Orchard.
18.02.042 City Council: The city council of the city of Port Orchard.
18.02.044 Clearing: The destruction, disturbance or removal of vegetation by physical,
mechanical, chemical or other means.
18.02.046 Compensation: Replacement of project -induced critical area (e.g., wetland) losses
of acreage or functions, including but not limited to, restoration, creation, or enhancement.
18.02.048 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.
18.02.050 Creation: Actions performed to intentionally establish a critical area at a site where it
did not formerly exist.
18.02.052 Critical Area Buffer: An area of protection around a critical area
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Page 20 of 89
18.02.054 Critical Areas Ordinance or CAO: Chapters 18.01 through 18.25 of Title 18 of the Port
Orchard Municipal Code.
18.02.056 Critical Area Protection Easement: means an agreement conveyed through a notice
to title, or shown on the face of a plat or site plan, for the purpose of perpetual or long-term
conservation.
18.02.058 Critical Aquifer Recharge Areas: Those land areas, which contain hydrogeologic
conditions, which facilitate aquifer recharge and/or transmitting contaminants to an underlying
aquifer.
18.02.060 Critical Areas: Those areas identified as:
c) wetlands;
d) areas with a critical recharging effect on aquifers used for potable water;
e) fish and wildlife habitat conservation areas;
f) geologically hazardous areas; and
g) frequently flooded areas.
18.02.062 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.
18.02.064 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).
18.02.066 Debris: See Refuse.
18.02.068 Department: The city of Port Orchard Planning Department
18.02.070 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.
18.02.072 Development Proposal Site: For purposes of the Critical Areas Ordinance, the legal
boundaries of the parcel or parcels of land on which an applicant has applied for authority from the
city of Port Orchard to carry out a development proposal.
18.02.074 Director: The City Development Director.
18.02.076 Draining (related to wetland): Any human activity that diverts or reduces wetland
groundwater and/or surface water sources.
18.02.080 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.
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Page 21 of 89
18.02.082 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.
18.02.084 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 quality,
provided that this activity does not significantly degrade another existing function or value.
18.02.086 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.
18.02.088 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.
18.02.090 Excavation: Removal of earth material.
18.02.092 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 chapter. For
example, the operation and maintenance of existing farm and stock ponds or drainage ditches,
operation and maintenance of ditches, irrigation systems including irrigation laterals, canals, or
irrigation drainage ditches, changes between agricultural activities, such as rotating crops or grasses
used for grazing, and normal maintenance, repair, or operation of existing serviceable structures,
facilities, or improved areas; provided, that alteration of the contour of wetlands or streams by
leveling or filling other than that which results from normal cultivation, or draining of wetlands shall
not be considered normal or necessary farming or ranching activities. The regulatory flood hazard
areas, floodplains and floodways are depicted on the Federal Emergency Management Agency
(FEMA) Flood Insurance Rate Maps for Kitsap County.
18.02.094 Exotic: Any species of plant or animal that is not indigenous (native) to an area.
18.02.096 Extraordinary Hardship: Where the strict application of Chapters 18.01 through 18.25
POMC and/or other programs adopted to implement the Critical Areas Ordinance by the regulatory
authority would prevent all reasonable use of the parcel.
18.02.098 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 sub section (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.
18.02.100 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.
Ordinance No. 030-09
Page 22 of 89
18.02.106 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.
18.02.108 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.
18.02.110 Floodplain: The floodway 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.
18.02.112 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.
18.02.114 Forage fish: Means anchovy, herring, sand lance and smelt.
18.02.116 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 preparatory work such as tree marking, surveying and road
flagging; or removal or harvest of incidental vegetation from forest lands such as berries, ferns,
greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to
result in damage to forest soils, timber or public resources.
18.02.118 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).
18.02.120 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).
18.02.122 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.
18.02.124 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.
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18.02.126 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 Chapter. Geological Reports may
contain the above information with the exception of engineering recommendations, and may be
prepared by a geologist (see Chapter 18.18, Special Reports for minimum qualifications).
18.02.128 Grading (construction): Any excavating, filling, grubbing, recontouring or removal of
earth materials on the surface layer or any combination thereof.
18.02.130 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.
18.02.132 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.
18.02.134 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.
18.02.136 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.
18.02.138 Habitat management plan: A report prepared by a professional wildlife biologist or
fisheries biologist which discusses and evaluates critical fish and wildlife habitat functions and
evaluates the measures necessary to maintain, enhance and improve habitat conservation on a
proposed development site.
18.02.140 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.
18.02.142 Hearing Examiner: A person appointed to hear or review certain land use decisions
pursuant to Article Xl, Section 11 of the Washington State Constitution, Chapters 35.63 and 58.17
RCW, and Chapter 2.76 POMC.
18.02.144 Hydric Soils: Soils, which are wet long enough to periodically, produce anaerobic
conditions, thereby influencing the growth of hydrophilic plants.
18.02.146 Hydrologist or Hydrogeologist: 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
Ordinance No. 030-09
Page 24 of 89
university and has a minimum of five years experience in groundwater investigations, modeling and
remediation.
18.02.148 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.
18.02.150 Infiltration Rate: A general description of how quickly or slowly water travels through
a particular soil type.
18.02.152 Investigation: Work necessary for land use application submittals such as surveys, soil
logs, percolation tests or other related activities.
18.02.154 Landslide Hazard Areas: Areas potentially subject to risk of mass movement due to a
combination of geologic, topographic, and hydrologic factors.
18.02.156 Liquefaction: A process in which a water -saturated soil, upon shaking, suddenly loses
strength and behaves as a fluid (See Chapter 18.04 Wetlands).
18.02.158 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 code requirements. A fractional part of divided lands
having fixed boundaries, being of sufficient area and dimension to meet minimum zoning
requirements forwidth and area. The term shall include tracts or parcels however, tracts or parcels
that are created solely for the protections of wetlands shall not count towards the total number lots
allowed; provided they are not meant or used for building purposes.
18.02.160 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.
18.02.162 Major New Development: Any new development, as defined below, within orwithin
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 code;
d) Development requiring conditional use or special use permits required under city
of Port Orchard zoning code;
e) Planned Residential Developments authorized under city of Port Orchard zoning
code;
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.
18.02.164 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;
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Page 25 of 89
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 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 code, 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 which legally existing prior to the date of adoption of the Critical Areas
Ordinance, and which were created, developed, or utilized primarily as a part of
an agricultural drainage or diking system;
g) Development authorized by 18.01.040 (General Exemptions) and/or by 18.01.160
(Standards for Existing Development).
18.02.166 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.
18.02.168 Native Vegetation: Vegetation indigenous to the Puget Sound Coastal Lowlands.
18.02.170 Non -conforming Use or Structure: A use of land or structure which was lawfully
established or built and which has been lawfully continued but which does not conform to the
current regulations of the zone in which it is located as established by the city of Port Orchard zoning
code relating to repair of damaged structures, Chapters 18.01 through 18.25 POMC, or amendments
thereto.
18.02.172 Normal Maintenance: Includes those usual acts to prevent a decline, lapse or
cessation from a lawfully established condition. Normal maintenance includes removing debris from
Ordinance No. 030-09
Page 26 of 89
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 18.01.040 (General
Exemptions).
18.02.174 Open Space: This is land used for outdoor recreation, critical area or resource land
protection, amenity, safety or buffer, including structures incidental to these open space uses, but
excluding yards required by this ordinance and land occupied by dwellings or impervious surfaces
not related to the open space uses.
18.02.176 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 watershall 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.
18.02.178 Organic Debris: Includes, but is not limited to, stumps, logs, branches, leaves and
other organic materials.
18.02.180 Out -of -Kind Compensation: Means to replace a critical area (e.g., wetland) with a
substitute critical area (e.g., wetland) whose characteristics do not closely approximate those
destroyed or degraded by a regulated activity. It does not refer to replacement "out -of -category,"
such as replacement of wetland loss with new stream segments.
18.02.182 Permit: Any development, variance, conditional use permit, or revision authorized
under RCW 90.58 or city regulations.
18.02.184 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.
18.02.186 Planning Commission: The planning commission of the city of Port Orchard.
18.02.188 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).
18.02.190 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
Ordinance No. 030-09
Page 27 of 89
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.
18.02.192 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.
18.02.194 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.
18.02.196 Public Facilities: Facilities, which are owned, operated and maintained by a public
agency.
18.02.198 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.
18.02.200 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.
18.02.202 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.
18.02.206 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.
18.02.208 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.
18.02.210 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.
18.02.212 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. 030-09
Page 28 of 89
18.02.214 Reasonable Use Exception: The process by which the city determines allowable use
of a property which cannot conform to the requirements set forth in Chapters 18.01 through 18.25
POMC, including the variance criteria. See POMC 8.01.080 for Reasonable Use Exception
procedures.
18.02.216 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).
18.02.218 Rehabilitation: The manipulation of the physical, chemical or biological
characteristics of a site with the goal of repairing natural or historical functions and processes of a
degraded wetland. Activities could involve breaching a dike to reconnect wetlands to a floodplain,
restoring tidal influence to a wetland, or breaking drain tiles and plugging drainage ditches.
18.02.220 Restoration: The return of a critical area (e.g., stream orwetland) to a state in which
its functions and values approach its unaltered state as closely as possible.
18.02.222 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 all appurtenances
associated with their designed function, maintenance and security.
18.02.224 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 protect fish and wildlife habitat needs and
watershed functions.
18.02.226 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.
18.02.228 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-232-12-01 1.
18.02.230 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 lakes.
18.02.232 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, Rl E) downstream to mouth at Sinclair Inlet (Sec 25, T24N, Rl E)
Ordinance No. 030-09
Page 29 of 89
(b) Puget Sound - line waterward from line of Extreme Low Tide
18.02.234 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.
18.02.236 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.
18.02.238 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.
18.02.240 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.
18.02.242 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 other artificial watercourses unless they are used by fish or used to
convey streams naturally occurring prior to construction.
18.02.244 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.
18.02.246 Swale: A shallow drainage conveyance with relatively gentle side slopes, generally
with flow depths less than 1 foot.
18.02.248 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. .
18.02.250 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 18.08 of this title.
18.02.252 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 18.08 of this title.
18.02.254 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.
18.02.256 Utilities: Facilities and/or structures which produce or carry electric power, gas,
sewage, water, communications, oil, publicly maintained stormwater facilities, etc.
Ordinance No. 030-09
Page 30 of 89
18.02.258 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 right-of-way"
means ownership, easements, permits, licenses or other authorizations affording utilities the right to
operate and maintain utility facilities on private property.
18.02.260 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.
18.02.262 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.
18.02.264 Wetlands, Isolated: Wetlands which:
(a) are outside of and not contiguous to any 100-year flood 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.
18.02.266 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.
18.02.268 Wetlands Report: A wetland delineation characterization and analysis of potential
impacts to wetlands consistent with applicable provisions of Chapter 18.04 (Wetlands) of this title.
18.02.270 Wetland Edge: The line delineating the outer edge of a wetland established in
Chapter 18.04 of this title.
18.02.272 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.
18.02.274 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.
Ordinance No. 030-09
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18.02.276 Wetlands of Statewide Significance: Those regulated wetlands recommended by the
Washington Department of Ecology and determined by the department to have characteristics of
exceptional resource value which should be afforded the highest levels of protection.
18.02.278 Wetpond: An artificial water body constructed as a part of a surface water
management system
18.02.280 Wildlife Biologist: A person who has earned a minimum of a Bachelor's degree in
wildlife biology and has a minimum of 5 years of field experience in wildlife biology and habitat
evaluation.
18.02.282 Wildlife Nesting Structure: Structure erected for the sole purpose of providing a
wildlife nesting site.
Ordinance No. 030-09
Page 32 of 89
CHAPTER 18.04
Wetlands
Sections:
18.04.010
Purpose
18.04.020
Wetland Categories
18.04.030
Regulated and Non -Regulated Wetlands Classification
18.04.040
Development Standards.
18.04.050
Regulated Uses and Activities
18.04.060
Additional Development Standards for Regulated Uses
18.04.070
Special Use Review
18.04.080
Application Requirments
18.04.090
Determination of Wetland Boundaries.
18.04.100
Wetland Mitigation Requirements.
18.04.250
Incentives for Wetlands Protection.
18.04.010 Purpose.
This Chapter applies to all regulated uses within or adjacent to areas designated as wetlands, as
categorized 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 the other
provisions of the Critical Areas 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.
18.04.020 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.
Ordinance No. 030-09
Page 33 of 89
(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 for wetlands.
This system consists of four wetland categories (see POMC 18.25Exhibits, Exhibit "A" for Wetland
Categories).
18.04.030 Regulated and Non -Regulated Wetlands Classification.
(1) Regulated Wetlands: (See classifications in Section 18.25.010
(a) Category I Wetlands: All
(b) Category II Wetlands: All
(c) Category III Wetlands:2,500 square feet or greater.
(d) Category 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 other than mitigation, the original rating
shall be maintained even if the changes would otherwise result in a higher
classification.
18.04.040 Development Standards.
For the purpose of the provisions of the Critical Areas 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 the CAO in 18.04.050 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 18.04.070.
(2) Buffers: Buffers shall remain undisturbed natural vegetation areas except where 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. 030-09
Page 34 of 89
(3) Buffer Widths: All regulated wetlands shall be surrounded by a buffer zone as follows:
Wetland Category7Sta
7rd7B
ack
7gS
Other
Develo ment Standards
t
buffer
See subsections (5), (6), and (7)
below for criteria relating to
buffer averaging, decreased
buffer provisions and increased
buffer provisions.
II
100 feet
15 feet beyond buffer
III1
50 feet
1 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 Averaaina: 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 maybe 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 in Chapter 18.01 POMC or through buffer averaging
as outlined above. Granting of a reduced buffershall 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 Section18.01.070. 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:
(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;
Ordinance No. 030-09
Page 35 of 89
(iii) enhancement of 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 Report that 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 Siqns: This sub section 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.
(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 POMC 18.01.100 (Notice to Title).
Ordinance No.030-09
Page 36 of 89
18.04.050 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 below. The city
may grant exceptions to these uses and activities according to the intent and specifications of the
provisions of the Critical Areas Ordinance. All authorized uses and activities in a regulated wetland
or its buffer shall be subject to conditions established by the department and may be subject to
mitigation as required by this title.
(2) Development shall be classified as "allowed", "permitted", "special use" (POMC 18.04.070)
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
18.04.070. The wetland categories in Table 2 are defined in the POMC 18.25.010 Exhibit "A". For the
purpose of Table 2, "W" and "B" refer to the terms "wetland" and "buffer".
Ordinance No. 030-09
Page 37 of 89
Key:
A = Allowed Outright
P = Permitted Subject to Development Standards and Underlying Permit
S = Special Use Review Required
X = Prohibited
Agriculture -existing &
A
A
A
A
A
A
A
A
ongoing
Agriculture -Building (Grazed
X
X
X
S
S
P
S
P
Wet Meadows
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
Bank stabilization
X
X
S
S
S
S
P
P
Boat ramp
X
X
S
S
S
S
S
S
Dock/float
S
S
S
S
S
S
P
P
Draining Wetlands
X
N/A
X
N/A
X
N/A
X
N/A
(associated with no other
permitted use, except as
allowed under POMC
18.01.040
Education and Scientific
P
P
P
P
P
P
A
P
Research (no permanent
structures
Enhancement
S
S
P
P
P
P
P
P
Excavation (not associated
X
X
S
S
S
S
S
S
with enhancement
Fill (associated with no other
X
X
X
X
X
X
S
S
use less than 0.49 acres
Fish Hatchery
X
X
S
S
S
S
S
S
Flooding (associated with no
X
X
S
S
S
S
S
S
other use
Forest Practice -Class IV
X
X
X
S
S
S
S
S
General or COHP
Golf Course
X
X
S
S
S
S
S
S
Ordinance No. 030-09
Page 38 of 89
Land Division
P
P
P
P
P
P
P
P
Mineral extraction
X
X
S
S
S
S
S
S
Mooring Buoy
P
P
P
P
P
P
P
P
Navigational Aid
P
P
P
P
P
P
P
P
Parks -Public & Private
S
S
S
S
S
S
P
P
Ponds -Stock Watering
X
X
X
S
X
S
S
P
Public Facility
X
X
X
S
S
S
S
S
Public Project of Significant
Importance
S
S
S
S
S
S
S
S
Radio/TV Towers
X
X
S
S
S
S
S
S
toration/Reve etation of Site
S
S
P
P
P
P
P
P
Road/Street- Public/Private
Access
Expand within
Existing ROW
New Facilities
S
X
S
X
S
S
S
S
S
S
S
S
P
P
P
P
Signs -(Interpretation,
Hazard, Critical Area
Boundary, Survey Markers
P
P
P
P
P
P
P
P
Site Investigation
A
A
A
A
A
A
A
A
Stormwater, Private R/D
Facility
X
X
X
S
S
S
S
S
Stormwater, Regional R/D
Facility
X
X
X
S
S
S
S
S
Trails and Trail Related
Facilities
S
S
S
S
P
P
P
P
Utility Facility
X
X
S
S
S
S
S
S
Utility -On -Site Sewage
Facility
X
X
X
S
X
S
X
S
Utility Line -Overhead
S
S
S
S
S
S
P
P
Utility Line -Underground
X
S
S
S
S
S
S
S
Ordinance No. 030-09
Page 39 of 89
18.04.060 Additional Development Standards for Regulated Uses. In addition to meeting the
Development Standards above (POMC 18.04.040) 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 the Critical Areas Ordinance, including the maintenance of buffers around
regulated wetlands.
(3) Aaricultural 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.
(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,
Ordinance No. 030-09
Page 40 of 89
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 the provisions of the Critical Areas
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 all other the Stormwater
Management regulations:
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.
(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.
Ordinance No. 030-09
Page 41 of 89
(8) Utilities in Wetlands or Wetland Buffers:
(a) The utility development authorized in POMC 18.01.040 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 filing and approval of applicable permits and Special Reports (POMC
18.14) required by this title.
(c) Sewer or On -site Sewage Utilitv. 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 (POMC
18.04.070) 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 minimum width but no greater than
15 feet; and shall be contiguous to the location of the utility corridor on the
side away from the wetland. Mitigation will be required for any additional
access through restoration of vegetation in disturbed areas.
(iv) The department may require other additional mitigation measures.
(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.
Ordinance No. 030-09
Page 42 of 89
(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 POMC 18.04.050 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.
18.04.070 Special Use Review. Development identified as a Special Use Review in POMC
18.04.050 Table 2 may be approved, with conditions, or denied according to the procedures and
criteria outlined in this sectionand per the process identified in POMC Chapter 16.06. 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 section.
(1) The department may approve a permit after review of the application and a Wetland
Mitigation Plan submitted in accordance with this section. 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 the provisions of the Critical Areas 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 the provisions of the Critical Areas 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 Hearing Examiner pursuant to
Chapter 16.06 (Appeals).
18.04.080 Application Requirements. Application Procedures for new development: Any new
development containing a regulated wetland or its buffer, or within 200 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. If an environmentally sensitive area is within 200 feet of the
parcel but not on the parcel, every effort should be made to obtain the required information. The
department may require additional reports or information to further identify potential impacts to any
part of the environment:
(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 regulations.
Ordinance No. 030-09
Page 43 of 89
18.04.090 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.
18.04.100 Wetland Mitigation Requirements.
(1) Mitigation Sequence:
(a) Projects permitted under this chapter 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;
(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).
(D) Mitigation for individual projects may include any combination of the
above measures.
(2) Scope of Compensatory Mitigation: In making a determination of the extent to 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;
Ordinance No. 030-09
Page 44 of 89
(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 in accordance with chapter 18.14 POMC.
(4) On -Site Compensatory Mitigation: General Requirements. Compensatory mitigation shall be
required for projects in regulated Category I, II, 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 POMC 18.01.040. 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.
(d) Compensation (mitigation) plans shall be completed and approved by the
department prior to wetland alteration. Compensation shall be completed
concurrent with 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
Ordinance No. 030-09
Page 45 of 89
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 POMC 18.01.040, and Table 3 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. 030-09
Page 46 of 89
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 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
18.14.050 POMC) for wetland mitigation performance standards).
(8) Mitigation Bankinq: The city encourages the creation of a public or private mitigation
banking system when feasible.
Ordinance No. 030-09
Page 47 of 89
18.04.250 Incentives for Wetlands Protection. The City of Port Orchard recognizes that property
owners wish to gain economic benefits from their land. The City encourages such mechanisms as
the Open Space Tax program, conservation easements and donations to land trusts, in order to
provide taxation relief upon compliance with the regulations in the provisions of the Critical Areas
Ordinance.
Ordinance No. 030-09
Page 48 of 89
CHAPTER 18.06
FISH AND WILDLIFE HABITAT CONSERVATION AREAS
Sections:
18.06.010 Purpose
18.06.020 Fish and Wildlife Habitat Conservation Area Categories Classification.
18.06.030 Development Standards.
18.06.260 Purpose. This chapter applies to all regulated uses included in the Critical Areas
Ordinance, or uses within 200 feet of areas designated as Fish and Wildlife Habitat Conservation
Areas, as categorized in POMC 18.06.020 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.
18.06.020 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 S/1, F/2, Np/3, Ns/4 and 5 waters asset
forth in the DNR Wafer Rating System (See 18.06.030 Table 4 below).
(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 submerged aquatic beds, and lakes and
ponds planted with game fish by a governmental or tribal authority.
Ordinance No. 030-09
Page 49 of 89
(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
government which 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.
18. 06.030 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, however to 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 POMC 18.01.080 Reasonable Use Exception, POMC 18.01.040
General Exemptions, POMC 18.01.060 Standards for Existing Development) or POMC 18.01.070
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 watermark or top of bank shall be defined
so as to include the entire stream feature. Refuse shall not be placed in buffers.
Ordinance No. 030-09
Page 50 of 89
CATEGORY
BUFFER WIDTH
MINIMUM BUILDING
OTHER DEVELOPMENT
STANDARD
SETBACK
STANDARDS
Water Type
S
200 feet
15 feet beyond
For minor new development the
buffer
department may reduce the buffer width
by up to 25% through an administrative
F
150 feet
15 feet beyond
buffer reduction process when review with
buffer
the Washington State Department of Fish
and Wildlife determines that conditions
Np
50 feet
15 feet beyond
are sufficient to protect the affected
buffer
habitat.
The buffer shall not be less than 25 feet.
Ns
50 feet
15 feet beyond
buffer
Where applicable, refer to the
development standards in POMC
18.04.040 (Wetlands) and POMC 18.08.030
(Geologically Hazardous Areas). Where
such features occur on a she, the more
restrictive buffer or building setback will
apply.
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
Downtown Upland
CriferlaPOMC 18.01070).
Where -applicable, refer to the
Rural
None
35 feet
development standards in POMC
18.04.040 (Wetlands) and POMC 18.08.030
Conservancy
None*
50 feet
(Geologically Hazardous Areas). Where
such features occur on a site, the more
Natural
100 feet
15 feet beyond
restrictive buffer or building setback will
apply
buffer
* The buffer width for all ma or new develo ment shall be 100 feet, with a 15 foot minimum buildin setback.
Zoning Designation
Where applicable, refer to the
development standards in POMC
Community Facilities
None
50 feet
18.04.040 (Wetlands) and POMC 18.08.030
(Geologically Hazardous Areas). Where
Commercial Mixed
None
50 feet
such features occur on a site, the more
restrictive buffer or building setback will
Employment
None
50 feet
apply'
Greenbelt Residential
None
35 feet
Ildlit�i"
i
.
w,. a ��
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.
Ordinance No. 030-09
Page 51 of 89
(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.
(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 POMC 18.16 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) enhancement of 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.
(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 or dedicated easements, 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 title orwithin 200 feet of designated Class I Wildlife Conservation Areas shall adhere to the
following standards:
(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 POMC 18.14 (Special Reports) by the department. In the case of bald
Ordinance No. 030-09
Page 52 of 89
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 POMC 18.14 (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 requirement for an HMP shall be determined during the
SEPA/Critical 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 SEPA/Critical Areas review on the project.
(4) Stream Crossinas: 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;
(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 a 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
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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 18.10, POMC 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 togetherwith 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 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:
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(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 POMC 18.01.040 shall be allowed within
designated Fish and Wildlife Habitat Conservation areas, subject to best
management practices.
(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 filing and
approval of Special Reports (Chapter 18.14 POMC) 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 corridor will 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;
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(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.
(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
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the provisions of this ordinance, and the Stormwater Management regulations, 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.
(e) Construction time limits shall be determined in consultation with the Washington
Department of Fish and Wildlife in order to ensure habitat protection.
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CHAPTER 18.08
GEOLOGICALLY HAZARDOUS AREAS
Sections:
18.08.010 Purposes
18.08.020. Geologically Hazardous Area Categories
18.08.030 Develooment Standards.
18.08.010 Purpose. This chapter applies to all regulated uses included in the Critical Areas
Ordinance within 200 feet of areas designated as geologically hazardous areas, as categorized in
POMC 18.08.020. 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.
18.08.020. 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 Stratiaraphv of Kitsao Count v 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 Stratiaraphv 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 Stratiaraphv of Kitsap Countv, 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
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(d) Slopes of 15 percent or greater with springs or groundwater seepage not identified in
numbers 1, 2, or 3 above; or
(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
18.14.
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
department will require a geotechnical or geological report, rather than make a non -geologically
hazardous determination.
18.08.030 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 regulations.
(1) Geologically Hazardous Areas and Areas of Geologic Concern:
(a) Approval: Where applicable the department will approve, approve with conditions
or deny the development proposal based on the department's evaluation of
specific site conditions. The department will also consider any proposed mitigation
measures included in a geotechnical report, if one is submitted.
(b) Public Works Requirements: The applicant shall submit a 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 POMC 18.08.020 (3)).
(d) Building/Impervious Surface Setback Requirements:
(i) Geologically Hazardous Areas: The minimum building and impervious surface
setback from the top of slope shall be equal to the height of the slope (1:1
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horizontal to vertical) plus the greater of 1 /3 of the vertical slope height or 25
feet.
(ii) Areas of Geologic Concern: A minimum 40 foot building and impervious
surface setback shall be maintained from the top of slope. As required in
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 POMC 18.08.020 (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
department will make a determination based on slope height and stability
indicators. Where slope hazard indicators are not identified, the
requirements of the International Building Code, Section 1805 or SectionR403
will apply.
(e) Buffer and Building Setback Modifications: Report Recommendations: The minimum
native vegetation buffer and/or building setback requirement may be decreased if
a geotechnical report demonstrates that a lesser distance, through design and
engineering solutions, will adequately protect both the proposed development and
the erosion hazard and/or landslide hazard area (see Chapter 18.14, 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 POMC 18.01.030 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 development will be determined on a case by case
basis by the department. The field marking of all buffers shall remain in place until
construction is completed and final approval is granted by the department.
Permanent marking may be required as determined necessary to protect critical
areas or 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.
(i) Development Impact Standards: All discharge of runoff from the development site
shall be of like quality, flow rate, and velocity as that which flowed from the site prior
to development. In addition, all stormwater flows shall be accepted onto, and shall
be discharged from, the development site at the natural or otherwise legally existing
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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 Clearina Standards:
(i) Only the clearing necessary to install temporary erosion control measures will
be allowed prior to the clearing for roads and utilities construction.
(ii) Clearing for roads and utilities shall be the minimum necessary and shall
remain within marked construction limits.
(iii) Clearing for overhead power lines shall be the minimum necessary for
construction and will provide the required minimum clearances of the
serving utility.
(I) Existing Loaaing 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.
(2) Prohibitions:
(a) Critical facilities, as defined in Chapter 18.02 POMC, are prohibited in geologically
hazardous areas.
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(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 18.08.030 (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.
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CHAPTER 18.10
FREQUENTLY FLOODED AREAS
Sections:
18.10.010 Purpose and Requirements.
18.10.010 Purpose and Requirements.
The purpose of this chapter 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 POMC 15.38, adopted by
reference, which designates special flood hazard areas and establishes permit requirements for
these areas.
In addition, the Kitsop County GIS database for Critical Drainage Areas of the Stormwater
Management regulations, will be included for areas of review under Frequently Flooded Areas.
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CHAPTER 18.12
CRITICAL AQUIFER RECHARGE AREAS
Sections:
18.12.010
Purpose.
18.12.020
Critical Aquifer Recharge Area Categories.
18.12.030
Development Standards.
18.12.010 Purpose.
The intent of this chapter 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.
18.12.020 Critical Aquifer Recharge Area Categories.
A Critical Aquifer Recharge Area is a geographical area which provides the recharge to an
aquifer(s) which is a current or potential potable water source and, due to its geological properties,
is highly susceptible to the introduction of pollutants, or because of special circumstances, has been
designated as a Critical Aquifer Recharge Area in accordance with WAC 365-190-080 by the city.
Critical Aquifer Recharge Areas under this chapter may be established based on general criteria or
specifically designated due to special circumstances.
(1) Category I: Critical Aquifer Recharge Areas.
(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 POMC
18.12.02 (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:
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(a) Hinhly 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
(b) Areas above Shallow Principal Aquifers:
Surface areas above shallow, principal aquifer(s) (Chapter 18.25, 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.
18.12.030 Development Standards.
Standards for development shall be in accordance with the provisions below and the requirements
of the underlying zoning.
(1) A hydrogeological report will be required on sites that have been identified as having
characteristics with high infiltration rates, or having a high aquifer recharge or infiltration potential for
land uses identified in Table 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 18.14, 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.
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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 POMC 18.04.070, by the review department, the Health District,
and the affected water purveyors.
(b) Category II: Aquifer Recharge Areas of Concern.
Applicants proposing operations that pose a potential threat to groundwater as defined in Table 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.
(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.
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Table 5: Operations With Potential Threat to Groundwater
A. Above 8 Below ground storage tanks
1. Hazardous and industrial waste treatment
2. Hazardous and industrial waste storage
3. Hazardous material storage
B. Animal feedlots
C. Commercial operations
*1. Gas stations/service stations/truck terminals
2. Petroleum distributors/storage
*3. Auto body repairs shops/rust proofers
4. Auto chemical supply scorers/retailers
*5. Truck, automobile, and combustion engine repair shops
*6. Dry cleaners
*7. Photo processors
*8. Auto washes
*9. Laundromats
*10. Beauty Salons
it. Research or chemical testing laboratories which handle significant quantities of hazardous materials
12. Food processors/meat packers/slaughter houses
13. Airport-maintenance/fueling operation areas
14. Junk and salvage yards
15. Storing or processing manure, feed, or other agriculture by products by commercially permitted businesses
16. Large scale storage or use of pesticides, insecticides, herbicides, or fertilizer by commercial or agricultural
operations.
D. Deep Injection wells
l . Wastewater disposal wells
2. Oil and gas activity disposal wells
3. Mineral extraction disposal wells
E. De-icing salts storage piles
F. Industrial operations
*1. Furniture strippers/painters/finishers
2. Concrete/asphalt/tar/coal companies
3. Industrial manufacturers: chemicals, pesticides/herbicides, paper, leather products, textiles, rubber,
plastic/fiberglass, silicone/glass, pharmaceuticals, electrical equipment
4. Metal platers/heat treaters/smelters/ annealers/descalers
5. Wood preserves
6. Chemical reclamation facilities
*7. Boat refinishers
G. Land application
l . Waste -water application (spray irrigation)
2. Waste -water byproduct (sludge) application
3. Petroleum refining waste application
4. Hazardous waste applications
H. Landfills
l . Industrial hazardous and non -hazardous landfill
2. Municipal sanitary landfill
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I. Material transfer operations
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. Pipelines
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.
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CHAPTER 18.14
SPECIAL REPORTS
Sections:
18.14.010
Purpose
18.14.020
When Required.
18.14.030
Special Reports - Responsibility for Completion.
18.14.040
Qualifications of Professionals.
18.14.050
Wetland Report/Wetland Mitigation Plan
18.14.010 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/Wetland Mitigation Plan
(2) Habitat Management Plan
(3) Geotechnical Report/Geological Report
(4) Hydrogeological Report
18.14.020 When Required.
Special reports shall be submitted by the applicant and approved by the department for regulated
uses when required by this chapter for the protection of a critical area. Refer to specific critical
area protection standards when special reports are required.
18.14.030 Special Reports - Responsibility for Completion.
The applicant shall pay for or reimburse the city for the costs incurred in the preparation of special
reports or tests and for the costs incurred by the city to engage technical consultants or staff for
review and interpretation of data and findings submitted by or on behalf of the applicant. The
applicant shall pay permit fees or technical assistance fees as required by the city. In such
circumstances where a conflict in the findings of a special report and the findings of the city in
review of the special report exists, the applicant or affected party may appeal such decisions of the
city pursuant toPOMC 18.01.090.
18.14.040 Qualifications of Professionals.
Any special report as described below prepared by a professional (as described in POMC 18.02),
shall include his or her resume, or other list of qualifications, to aid the department in assessing these
qualifications.
18.14.050 Wetland Report/Wetland Mitigation Plan
(1) Wetland Delineation Report. A wetland report shall include, but not necessarily be limited fo,
the following:
(a) Vicinity map;
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(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.;
(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:
(i) Location information (legal description, parcel number and address);
(ii) Delineation report. The wetland boundaries on the site established by the
delineation shall be staked and flagged in the field. If the wetland extends
outside the site, the delineation report shall discuss all wetland areas within
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
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minor new development project listed in Chapter 18.04 POMC (Wetlands) of this title,
unless the applicant wishes to employ a 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 boundary and regulated wetland buffer shall be identified on
all grading, building site, utility or other development plans submitted on the project.
(3) Wetland Mitigation Report:
(a) Whenever the 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-establishing wetland and wetland
buffer characteristics on a site which have been lost by alterations or
activities. Rectifying shall be accomplished 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
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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 accordance with a mitigation plan,
which has been prepared in accordance with the requirements in the
POMC 18.14.050 (3) (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 POMC 18.01.080 (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:
(i) 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.
(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) (1) above and as well as: The relationship of the
compensation site within the watershed and to existing water bodies; existing
and proposed existing compensation site conditions; buffers; and ownership.
(III) Environmental Goals and Objectives. The report shall identify goals and
objectives and include:
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(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
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 sufficient tidal prism and circulation data.
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(vi) Monitoring Program. A program outlining the approach for monitoring
construction of the compensation project and for assessing a completed
project shall be provided. Monitoring must include sufficient information to
adequately assess the progress of a project. Monitoring may include, but is
not limited to:
(A) Establishing vegetation plots to track changes in plant species
composition and density overtime;
(B) Using photo stations to evaluate vegetation community response;
(C) Sampling surface and subsurface waters to determine pollutant
loading and changes from the natural variability of 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 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.
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(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.
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CHAPTER 18.16
Habitat Management Plan.
Section18.16.010 Habitat management plan content.
(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 chapter, until such time as the Department of Fish and Wildlife holds public hearings on the
recommendations and the State Wildlife Commission endorses the recommendations following the
public hearings.
(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,
(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, POMC 18.14.050
(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,
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(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.
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CHAPTER 18.18
Geotechnical Report and Geological Report.
Sections:
18.18.420 Geotechnical report contents
18.18.420 Geotechnical report contents.
(1) A geotechnical report shall include a description of the site geology, conclusions and
recommendations regarding the effect of geologic conditions on the proposed development,
opinions and recommendations of the adequacy of the site to be developed, the effects of
groundwater interception and infiltration, seepage, potential slip planes, and changes in soil
bearing strength, and the impacts of the proposed development and appropriate mitigating
measures. A geofechnical 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 geofechnical 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 geofechnical 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 geofechnical
engineer knowledgeable in regional geologic conditions and having at least fouryears professional
experience in site evaluation and development studies, and landslide and/or seismic hazard
evaluation.
(3) Report recommendations for siting structures in high risk areas shall be based on existing site
conditions rather than measures that have not yet been successfully approved, designed or
constructed (e.g., slope re -contouring, 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.
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CHAPTER 18.20
Hydrogeological reports
18.20.430 Hydrogeological Report content.
A hydrogeological report shall be required for certain proposed operations based on a consultation
with the appropriate local and state agencies. The report shall address the impact the proposed
land use will have on both the quality and quantity of the water transmitted to the aquifer. The
report shall also address the types of pesticides and herbicides and fertilizers that can safely be used
for the care of landscaping proposed by the applicant.
(1) The report shall be submitted to the reviewing authority and address, at a minimum, the
following criteria:
(a) Surficial soil type and geologic setting;
(b) Location and identification of wells within 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.
(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.
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For development proposals within Aquifer Recharge Areas of Concern, the hydrogeological report
may be based on quarter -quarter section basis locations where the number of wells within a half
mile radius is 36 or more, and are designated Aquifer Recharge Areas. To facilitate computer
analysis, the evaluation may be done on a quarter -quarter section basis using the quarter -quarter
section in which a parcel of interest is located and all the surrounding quarter -quarter sections, in
place of the half -mile circle.
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CHAPTER 18.25
Attachments
18.25.010 ATTACHMENTS
The purpose of the Attachments is to provide supporting documentation to assist in the
implementation of the POMC Chapters 18.01 through 18.20.
Attachment A: Washington State Wetlands Rating System Categories.
Attachment B: Washington State DNR Stream Rating System.
Kitsap County's GIS Database of Critical Areas Information.
Attachment D: Site Development Figures.
Attachment E: Port Orchard Critical Area and Buffer Notice.
Attachment F: Kitsap County Shallow Principal Aquifer Listing.
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ATTACHMENT 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 II 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
(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:
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(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 of 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 I, II 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 II Wetland may be classified
as a Category 11 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 II or III 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.
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ATTACHMENT B: WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES STREAM RATING SYSTEM
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Attachment B - Washington State Department of Natural Resources Stream Typing System
Water Type Conversion Table
Permanent Water Typing Previous Water Typing
Stype S
Type 1
Type F
type 2 and 3
Type Np
Type 4
Type Ns
Type 5
A. "Type S Streams" are those surface wafers which meet the criteria of the Washington
Department of Natural Resources, WAC 222-16-030(1) as now or hereafter amended, as a Type S
Water and are inventoried as "Shorelines of the State" under the Shoreline Management Master
Program for Kitsap County, pursuant to RCW Chapter 90.58. Type S waters contain salmonid fish
habitat.
B. "Type F Streams" are those surface wafers, which meet the criteria of the Washington
Department of Natural Resources, WAC 222-16-030(2) as now or hereafter amended, as Type F
Water. Type F streams contain habitat for salmonid fish, game fish and other anadromous fish.
C. "Type Np Streams" are those surface waters, which meet the criteria of the Washington
Department of Natural Resources, WAC 222-16-030(3) as now or hereafter amended, as Type Np
Water. Type Np waters do not contain fish habitat.
D. "Type Ns Streams" are those surface waters, which meet the criteria of the Washington
Department of Natural Resources, WAC 222-16-030(4) as now or hereafter amended, as a Type
Ns Water. These streams are areas of perennial or intermittent seepage, ponds, and drainage
ways having short periods of spring or storm runoff. Type Ns waters do not contain fish.
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ATTACHMENT C: KITSAP COUNTY GIS DATABASE OF CRITICAL AREAS
INFORMATION
KITSAP COUNTY'S GIS
DATABASE OF CRITICAL AREAS INFORMATION
CRITICAL AREA*
DATA
SOURCE
Wetlands
National Wetlands Inventory
U.S. Fish and Wildlife Service
Hydric soils, Soil Survey of Kitsap
County Area, Washington
U.S. Dept of Agriculture, Soil
Conservation Service
Aquifers
Critical Aqifer Recharge Areas
Kitsap PUD #1
Agifer Recharge Areas of Concern
Kitsap PUD #1
Prinicipal Aquifers
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 State
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 Dealer, 1979
Quaternary Geology and
Stratigraphy of Kitsap County
U.S. Dept of Agriculture, Soil
Conservation Service
Soil Survey of Kitsap County Area
Washington
Ordinance No.030-09
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ATTACHMENT D: SITE DEVELOPMENT FIGURES
e
Percent Slope Calculation
e is calculated by dividing the vertical distance
to horizontal distance, then multiplying the
It by 100. Example:
ertical Distance of 20 feet = 2 x 100 = 20X elope
izontal ();stance of 100 feet
ttbuilding
Edof
r Top of buffer 6etback
bank line tl
51opc determined by
over 25 feet &lope height or
30% geotechnical
sport
The 15foot minimum vegetated buffer
and building setback for slopes over 30•16. Building
setbacks are determined by she slope height or
information from a geolechnical report.
CK01veally Helmdws Arms
Ordinance No. 030-09
Page 87 of 89
ATTACHMENT D: SITE DEVELOPMENT FIGURES
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Ordinance No. 030-09
Page 88 of 89
ATTACHMENT E: CITY OF PORT ORCHARD CRITICAL AREA AND BUFFER NOTICE
Return Address:
CITY OF PORT ORCHARD
CRITICAL AREA AND BUFFER NOTICE
Legal DescripfionSec: _ 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 WASHINGTON )
COUNTY OF KITSAP )
On this day personally appeared before me , to me known to be the
individual(s) described in and who executed the within and foregoing instmment, 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
Ordinance No.030-09
Page 89 of 89
ATTACHMENT F: KITSAP COUNTY SHALLOW PRINCIPAL AQUIFER LISTING
KITSAP COUNTY
SHALLOW PRINCIPAL AQUIFER LISTING
The following is a list of shallow principal aquifers that have been designated by an
overlay as "Aquifer Recharge Areas of Concern"
Qsh
Approximate Elevations
Hansville
+250
Gorst
+ 50
North Lake (McCormick Woods)
+350
Port Gamble
+100
Island Lake (upper)
+150
Port Gamble South
- 50
Wilson Creek
+150
GB3
Banger (upper)
+100
Clam Bay
0
Edgewater
+130
Island Lake
+150
Kinston (upper)
- 25
Poulsbo
+225
Manette-Bremerton North
0
Seabeck
+100
Squamish-Miller Bay
0
Yukon
0
NOTICE 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 8, 2009.
ORDINANCE NO. 030-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING ORDINANCE NO. 1784, CODIFYING THE AMENDED
ORDINANCE, AND RENAMING AND AMENDING TITLE 18 OF THE PORT
ORCHARD MUNICIPAL CODE
Copies of Ordinance No. 030-09 is 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. 030-09 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
December 18, 2009