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1784 - Ordinance - Critical AreasNOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held December 13, 1999. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTS, IDENTIFIES AND PROTECTS CRITICAL AREAS AS REQUIRED BY THE GROWTH MANAGEMENT ACT OF 1990 (Chapter 17, Laws of 1990). Copies of Ordinance No: 1784 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 1784 will be provided at a nominal charge. City of Port Orchard a,& rku-"- Michelle Merlino Deputy Clerk Publish: Port Orchard Independent December 22, 1999 , ORDINANCE NO. 1784 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, TO ADOPT, IDENTIFYAND PROTECTCRITICAL AREAS AS REQUIRED BY THE GROWTH MANAGEMENTACT OF 1990 (Chapter 17, Laws of 1990). WHEREAS, the purpose of this ordinance supplements the development requirements contained in the various chapters of the city of Port Orchard zoning ordinance by providing for additional controls and measures to protect critical areas. This ordinance is adopted under the authority of Chapter 36.70A RCW, Chapter 36.70 RCW and the Port Orchard Municipal Code, now or hereafter amended, and WHEREAS, it is the goal of the city of Port Orchard that the beneficial functions of critical areas be preserved, and potential dangers or public costs associatedwith the inappropriate use of such areas be minimized by reasonable regulation of uses within, adjacent to or directly affecting such areas, for the benefit of present and future generations, and WHEREAS, to implement the purpose and goal stated above, it is the intent of this ordinance to accomplish the following, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHIINGTON, DOES HEREBY ORDAIN AS FOLLOWS: CHAPTER ONE: INTRODUCTORY AND APPROVAL PROCEDURES SECTION 1. Policy Goals. (1) Conserve and protect the environmental factors that add to the quality of life for residents of both Kitsap County and the city of Port Orchard. (2) Protect the public against avoidable losses from maintenance and replacement of public facilities, property damage, costs of publicly subsidizing mitigation of avoidable impacts, and costs for public emergency rescue and relief operations. (3) Identify critical areas and their environmental functions. (4) Protect critical areas and their functions by regulating use and management within these areas and adjacent lands. (5) Preserve the habitat, water quality, and water quantity functions and values of wetlands. (6) Protect water quality by controlling erosion and carefully siting uses and activities, which can detrimentally affect stream Bows or aquatic habitat quality. (7) Guide development proposals to the most environmentally suitable and stable portion of a development site. (8) Avoid potential damage due to geological hazards or flooding. (9) Preserve natural flood control and stormwater storage. Ordinance No. 1784 Page 2 of 75 (10) Maintain groundwater recharge and prevent the contamination of groundwater. (11) Prevent cumulative adverse environmental impacts to water, wetlands, fish and wildlife habitats, frequently flooded areas, geologically hazardous areas, and aquifer recharge areas. (12) Whenever mitigation is required, restoration and enhancement of previously impacted critical areas and their buffer is preferred. SECTION 2. Applicability. (1) The city of Port Orchard shall root grant any permit, license or other development approval to alter the condition of any land, water, or vegetation, or to construct or alter any structure or improvement, nor shall any person alter the condition of any land, water or vegetation, or constructor alter any structure or improvement, for any development proposal regulated by this ordinance, except in compliance with the provisions of this ordinance. Failure to comply with the provisions of this ordinance shall be considered a violation and subject to enforcement procedures as provided for in this ordinance. (2) This chapter applies to all uses and activities within areas or adjacent to areas designated as regulated critical areas unless otherwise exempt. The following permits and approvals shall be subject to and coordinate with the requirements of this chapter: clearing and grading; site plan approval; subdivision or short subdivision; building permit; planned residential development; shoreline substantial development; variance; conditional use permit; certain forest practice permits (Class IV General, Class III Conversion Option Harvest Plans); other permits leading to the development or alteration of land; and rezones if not combined with another development permit. (3) Non -project actions including, but not limited to, rezones, and the adoption of plans and programs, shall be subject to critical area review. (4) This chapter does not require any permit in addition to those otherwise required by city ordinances. This ordinance is an overlay to the zoning ordinance; while it does not require any additional permits, activities regulated by the zoning ordinance are also subject to critical area requirements. (5) The development standards and other requirements of this section shall be applied to uses and activities for any permit review or approval process otherwise required by city ordinances. (6) Uses and activities in critical areas or their buffers for which no permit or approval is required by any other city ordinance remain subject to the development standards and other requirements of this chapter. While this chapter does not require a review or approval process for such uses and activities, they remain subject to the ordinance. (7) For the purpose of this ordinance the area of review is defined as the critical area and area within 200 feet of a critical area. This defines the area of review only. Refer to Chapters 2 through 6 for specific development standards. • • Ordinance No. 1784 Page 3 of 75 SECTION 3. Relationship To Other City Regulations. When any provision of any other chapter of another Port Orchard ordinance conflicts with this ordinance, that which provides the most protection to the critical area, as determined by the department, shall apply. Applications for permits and approvals are subject to the provisions of this ordinance and other ordinances and laws, which include, but are not limited to the following: (1) The Uniform Building Code, pursuant to RCW 19.27, 43.22, and portions of RCW 36.70A, 84.56 and 70.77, as adopted by the city of Port Orchard. The Building Code regulates construction, essential elements of buildings, and site development such as grading and building location; (2) City of Port Orchard Ordinance No. 1702 and RCW 58.17 concerning subdivisions; (3) City of Port Orchard Ordinance No. 1702 concerning short -plats; (4) RCW 90.58, the Shoreline Management Act, the city of Port Orchard Shoreline Management Master Program, concerning development on shorelines; (5) Bremerton-Kitsap County Health District ordinances and regulations regarding sewage disposal, and other health matters: (6) City of Port Orchard Resolution No. 1844, relating to procedures for Land Use Decisions; (7) RCW 36.70A, Growth Management Act; (8) City of Port Orchard Enforcement Ordinance No. 1731; (9) City of Port Orchard SEPA Ordinance No. 1774; (10) City of Port Orchard Stormwater Ordinance 1736; and, (11) City of Port Orchard Zoning Ordinance 1748; and, (12) City of Port Orchard Flood Damage Prevention Ordinance No. 1436. SECTION 4. General Exemptions. The following activities are exempt from the requirements of this ordinance: (1) Emergencies that threaten the public health, safety and welfare. An "emergency" is an unanticipated and immediate threat to public health, safety, or the environment, which requires action within a time too short to allow compliance with this ordinance. (2) Pre-existing and ongoing agricultural activities on lands containing critical areas. For the purpose of this, existing and ongoing means that the activity has been conducted within the past five years. (3) Normal and routine maintenance and operation of pre-existing retention/detention facilities, bioswales, and other stormwater management facilities, irrigation and drainage ditches, farm ponds, fish ponds, manure lagoons, and livestock water ponds, provided that such activities shall not involve conversion of any wetland not currently being used for such activity. • Ordinance No. 1784 Page 4 of 75 (4) Structural alterations to buildings, permitted under the underlying city ordinance, which do not after the structural footprint or introduce new adverse impacts to an adjacent critical area. (5) Normal and routine maintenance or repair of existing utility structures within a right-of-way or existing utility corridor or easements, including the cutting, removal and/or mowing of vegetation above the ground. (6) Forest practices conducted pursuant to RCW 76.09, except Class IV (general conversions) and Conversion Option Harvest Plans (COHP). SECTION 5. Review Authority. (1) In evaluating a request for a development proposal regulated by this ordinance, it shall be the responsibility of the department to determine the following: (a) The nature and type of critical area and the adequacy of any special reports required in applicable sections of this ordinance; (b) Whether the development proposal is consistent with this ordinance, by granting, denying or conditioning projects; (c) Whether proposed alterations to critical areas are appropriate under the standards contained in this ordinance, or whether it is necessary for the applicant to seek a variance or other exception; and, (d) If the protection mechanisms and the mitigation and monitoring plans and bonding measures proposed by the applicant are sufficient to protect the public health, safety and welfare consistent with the goals, purposes and objectives of this ordinance, and if so, condition the permit or approval accordingly. (2) The department shall have the administrative authority to adjust the standards for buffers and building setbacks as outlined in specific critical area sections of this ordinance. The process to reduce standards will be based on site specific criteria determined through review of individual project circumstances and based on the same criteria as required for the granting of variances in Chapter 1, Section 7. (3) Where projects have been approved with conditions to protect critical areas under previous protection policies in effect prior to this ordinance, those conditions will apply. This ordinance shall apply in cases where the department determines, based on review of current information, that the prior conditions will result in a detrimental impact to a critical area. SECTION 6. Standards For Existing Development. Existing development means a development that was lawfully constructed, approved or established prior to the effective date of this ordinance but does not conform to present regulations or standards of this ordinance. (1) Shorelines: This section incorporates by reference the existing development standards applicable to development on shorelines of the state (WAC 173-27-080), as now or hereafter amended; and/or, Ordinance No. 1784 Page 5 of 75 (2) Existing Structures: Structures in existence on the date this ordinance becomes effective that do not meet the setback or buffer requirements of this ordinance may be remodeled or reconstructed provided that the new construction or related activity does not further intrude into the critical area or its associated buffers and is subject to the restrictions of the Port Orchard Flood Damage Prevention ordinance for reconstruction; PROVIDED further, that new construction or related activity connected with an existing single family dwelling shall not be considered further intruding into an associated buffer so long as the footprint of the structure lying within the critical area or its buffer is not increased by more than twenty (20%) percent and no portion of the new structure is located closer to the critical area than the existing structure; and PROVIDED further that reconstruction or remodeling will only be allowed if it does not create or continue a circumstance where personal or property damage is likely due to the nature of the critical area. (3) Danger Tree Removal: Where a threat to human life or property is demonstrated, the department may allow removal of danger or hazard trees subject to the following criteria: (a) tree removal is the minimum necessary to balance protection of the critical area and its buffer with protection of life and property; and, (b) the critical area or its buffer shall be replanted as determined by the department. The department shall coordinate review with the Washington State Department of Fish and Wildlife as determined necessary to assure habitat protection. The department may require the applicant to consult with a professional forester or a certified arborist prior to tree removal. Danger tree abatement can sometimes be achieved by felling the tree or topping the tree. Habitat needs may require leaving the fallen tree in the riparian corridor or maintaining a high stump for wildlife habitat. SECTION 7. Variances. (1) A variance in the application of the regulations or standards of this ordinance to a particular piece of property or a variance to the use prohibitions of this ordinance may be granted by Port Orchard when it can be shown that the application meets all of the following criteria: (a) Because of special circumstances applicable to the subject property, including size, shape, or topography, the strict application of this ordinance is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity; PROVIDED, however, the fact that those surrounding properties have been developed under regulations in force prior to the adoption of this ordinance shall not be the sole basis for the granting of a variance. (b) The special circumstances referred to in item (a) above are not the result of the actions of the current or previous owner. (c) The granting of the variance will not result in substantial detrimental impacts to the critical area, public welfare or injurious to the property or improvements in the vicinity and area in which the property is situated or contrary to the goals, policies and purpose of this ordinance- (d) The granting of the variance is the minimum necessary to accommodate the permitted use. Ordinance No. 1784 Page 6 of 75 (e) No other practicable or reasonable alternative exists. (See Definitions, Chapter 1, Section 14.) (f) A mitigation plan (where required) has been submitted and is approved for the proposed use of the critical area. (2) The city planning commission shall conduct a public hearing on all non -administrative variance applications pursuant to the review process established for variances of land use regulations, as described in the city planning and development procedures, as now or hereafter amended. (3) The department shall provide notice of the public hearing by publishing in a newspaper of general circulation in the city at least once, not less than ten (10) working days prior to the date set for the hearing. Notice shall also be sent by mail not less than ten (10) working days prior to the date of the hearing on the variance application to the applicants proposing the variance request and to all owners of property within 300 feet of the boundary of said property. Failure to send notice by mail to any such property owner where the address of a said owner is not a matter of a public record or because the ownership is not of a public record shall not invalidate any proceedings required in this ordinance. (4) Except when application of this ordinance would deny all reasonable use of the property, an applicant who seeks an exception from the standards and requirements of this ordinance shall pursue relief by means of a variance as provided for in this ordinance. (5) Requests for variances shall include the application requirements of Chapter 1, Section 11 (Application Requirements General), Chapter 2, Section 8 (Application Requirements), and Chapter 7, Section 5 (Mitigation ReportMetland Mitigation Plan), whichever is applicable. (6) The department shall review administrative variances based on the criteria and standards referenced in this chapter. (7) The department may grant administrative variances for public utilities to the substantive or procedural requirements of this ordinance when: (a) Application of this ordinance to the utility's activities would be inconsistent with the comprehensive plan or the utility's public service obligations; (b) The proposed utility activity does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site; and, (c) Any alterations permitted to these critical areas shall be the minimum necessary to reasonably accommodate the proposed utility activity and mitigate when feasible. SECTION 8. Reasonable Use Exception. If the application of this ordinance would deny all reasonable use of the property, the applicant may apply for a reasonable use exception pursuant to this subsection: Ordinance No. 1784 Page 7 of 75 (1) The applicant shall apply to the department, and the departmentshall prepare a staff report to the planning commission. The applicant may apply for a reasonable use exception without first having applied for a variance if the requested exception includes relief from standards for which a variance cannot be granted pursuant to the provisions of the section. The property owner and/or applicant for a reasonable use exception has the burden of proving that the property is deprived of all reasonable use; (2) The planning commission shall review the application and shall conduct a public hearing pursuant to the provisionsas set forth in the Port Orchard zoning code. The planning commission shall make a final decision based on the following criteria: (a) The application of this ordinance would deny all reasonable use of the property; (b) There is no other reasonable use, which would result in less impact on the critical area; (c) The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site and is consistent with the general purposes of this chapter and the public interest, and does not conflict with the Endangered Species Act or other relevant state or federal laws; and, (d) Any alterations permitted to the critical area shall be the minimum necessary to allow for reasonable use of the property. (3) Any authorized alterations of a critical area under this section shall be subject to conditions established by the planning commission including, but not limited to, mitigation under an approved mitigation plan. SECTION 9. Appeals. (1) Appealable Actions. The following decisions or actions required by this ordinance may be appealed: (a) Any decision to approve, condition or deny a development proposal, or any disagreement on conclusions, methodology, rating systems, etc. between the department and such person or firm which prepares special reports pursuant to Chapter 7 of this ordinance may be appealed by the applicant or affected party to the city council. (b) Any decision to approve, condition, or deny an administrative variance application by the department may be appealed by the applicant or affected party to the city council. (c) Any decision to require, or not require a special report pursuant to this ordinance may be appealed by the applicant or affected party to the city council. (2) Appeal Process. The following process shall be followed in submitting an appeal and taking action: (a) Any appeal regarding a decision to require, or not require a special report shall be made within ten (10) working days of the decision. The appeal shall Ordinance No. 1784 Page 8 of 75 be in writing stating the basis that such reports should or should not be required for the proposed development. The city council may: (i) remand the decision back to the department requesting that specific issues be reconsidered; (ii) modify the decision of the department; or (iii) uphold the decision of the department. (b) Any appeal regarding a decision to approve, condition or deny a development proposal based on this ordinance, or any decision to approve, condition or deny a variance, shall be made within ten (10) working days of the decision. A fee in an amount as established by the city council shall be paid to the department at the time an appeal is filed. The appeal shall be in writing and shall state specifically the issues that are the subject of the appeal, focusing on the specific inadequacies of the particular decision under dispute. The city council may: (i) remand the decision back to the planning commission requesting that specific issues be reconsidered; (ii) modify the decision of the planning commission; or (iii) uphold the decision of the planning commission. (c) The department shall not issue any permit, license or other development approval on the development proposal site pending the outcome of the appeal decision. SECTION 70. Critical Area and Buffer Notice To Title. (1) Project proponents shall file a "Critical Area and Buffer Notice to Title" (see Appendix E) with the Kitsap County Auditor on all development proposals subject to this ordinance and containing any critical area or its buffer. After review of the development proposal, the department will condition critical area development in accordance with this ordinance. These standards will be identified on the approved notice to title, which shall run with the land in perpetuity. This notice shall serve as an official notice to subsequent landowners that the land owner shall accept sole responsibility for any risk associated with land's identified critical area. (2) Notice To Title may not be required in cases where the clearing or building footprint for minor new development will not adversely impact a critical area or its buffer (i.e., normal repair and maintenance, not adjacent to a critical area). Lack of such notice on a specific parcel does not indicate that the city has determined critical areas or buffers do not exist on that parcel. Ordinance No. 1784 Page 9 of 75 SECTION 11. Application Requirements, General. (1) All applicants for major new development are required to meet with the department prior to submitting an application subject to the Port Orchard zoning ordinance; all applicants for minor new development are encouraged to do so. The purpose of this meeting is to discuss the city's zoning and applicable critical area requirements, to review any conceptual site plans prepared by the applicant and to identify potential impacts and mitigation measures. Such conference shall be for the convenience of the applicant and any recommendations shall not be binding on the applicant or the city. (2) The applicant must comply with the standards and requirements of this section as well as standards relating to stormwater management set forth by the department, as now or hereafter amended. To expedite the permit review process, the department shall be the lead agency on all work related to critical areas. Development may be prohibited in a proposed development site based on criteria set forth in this ordinance; the applicant should first determine whether this is the case before applying for permits from the department. (3) Application for development proposals, reasonable use exception or variances regulated by this ordinance or for review of special reports shall be made with the department by the property owner, lessee, contract purchaser, other person entitled to possession of the property, or by an authorized agent as listed in Special Reports (Chapter 7). (4) A filing fee in an amount established by the city council shall be paid at the time an application for a permit relating to a critical area or a Special Report Review is filed. (5) Applications for any development proposal subject to this ordinance shall be reviewed by the department for completeness and consistency or inconsistency with this ordinance. (6) At every stage of the application process, the burden of demonstrating that any proposed development is consistent with this ordinance is upon the applicant. (7) All site plan applications for development proposals subject to this ordinance shall include a site plan drawn to scale identifying locations of critical areas, location of proposed structures and activities, including clearing and grading and general topographic information as required by the department. If the department determines that additional critical areas are found on the subject property, the applicant shall amend the site plan to identify the location of the critical area. (8) Zone Reclassification or Comprehensive Plan Amendment: Prior to taking action on a zone reclassification or a comprehensive plan amendment, the proponent shall complete an environmental review to confirm the nature and extent of any critical areas on or adjacent to the property; determine if the subsequent development proposal would be consistentwith this ordinance; and determine whether mitigation or other measures would be necessary if the proposal were approved. Findings of such review may be used to condition or mitigate the impact through the SEPA threshold determination or to deny the proposal if the impacts are significant and cannot be mitigated. 0 SECTION 12. inventory Provisions. toOrdinance No. 1784 Page 10 of 75 (1) The approximate location and extent of mapped critical areas within the city are shown on the maps adopted as part of this ordinance, and incorporated herein by this reference. These maps shall be used only as a general guide for the assistance of the department and the public; the type, extent and boundaries may be determined in the field by a qualified specialist or staff person according to the requirements of this ordinance. In the event of a conflict between a critical area location shown on the city's maps and that of an on -site determination, the on -site determination will apply. (2) Future Inventory Provisions. The city will review map inventory information of all critical areas as it becomes available or on an annual basis. Mapping will include critical areas that are identified through site specific analysis by local, state and federal agencies, tribal governments, and other sources. SECTION 13. Enforcement. (1) Authorization! The director is authorized to enforce this chapter, and to designate city employees as authorized representatives of the department to investigate suspected violations of this chapter, and to issue orders to correct violations and notices of infraction. (2) Right of Entry: When it is necessary to make an inspection to enforce the provisions of this chapter, or when the director or his/her designee has reasonable cause to believe that a condition exists on property which is contrary to or in violation of this chapter, the director or his/her designee may enter the property to inspect, provided that if the property is occupied that the inspector's credentials be presented to the occupant and entry requested. If the property is unoccupied, the director or his/her designee shall first make a reasonable effort to locate the owner or other person having charge or control of the premises and request entry. If entry is refused, the director or his/her designee shall have recourse to the remedies provided by law to secure entry. (3) Stop Work Orders: Whenever any work or activity is being done contrary to the provisions of this chapter the director or his/her designee may order the work stopped by notice in writing, served on any persons engaged in the doing or causing such work to be done, or by posting the property, and any such persons shall forthwith stop such work or activity until authorized by the director or his/her designee to proceed. (4) Penalties: The violation of any provision of this chapter shall constitute a civil infraction. Each violation shall constitute a separate infraction for each and every day or portion thereof, during which the violation is committed, continued, or permitted. (5) Imminent and Substantial Dangers: Notwithstanding any provisions of these regulations, the director or his/her designee may take immediate action to prevent an imminent and substantial danger to the public health, welfare, safety or the environment by the violation of any provision of this chapter, (6) Other Legal or_Eguit_able Relief: Notwithstanding the existence or use of any other remedy, the director or his/her designee may seek legal or equitable relief to enjoin any acts or practices or abate any conditions which constitute or will constitute a violation of the provisions of this chapter. • Ordinance No. 1784 Page 11 of 75 SECTION 14. Definitions. (1) Ad� Eacent: For the purpose of this ordinance, "adjacent" is defined as the area within 200 feet of a critical area. (2) Agricultural Practices: Activities related to vegetation and soil management, such as tilling of soil, control of weeds, control of plant diseases and insect pests, soil maintenance and fertilization as well as animal husbandry. (3) Alteration: A human -induced action, which changes the existing condition of a critical area. Alterations include but are not limited to grading; grubbing; dredging; channelizing; cutting, clearing, relocating or removing vegetation, except noxious weeds identified by the Washington Departmentof Agricultureor the Kitsap County Cooperative Extension; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; grazing domestic animals; modifying for surface water management purposes; or any other human activity that changes the existing vegetation, hydrology, wildlife or wildlife habitat. (4) Applicant: The person, party, firm, corporation or legal entity, or agent thereof, that proposes a development of property in the city of Port Orchard. (5) Aguaculture Practices: The harvest, culture or farming of food fish, shellfish, or other aquatic plants and animals including fisheries enhancement and the mechanical harvesting of shellfish and hatchery culture. (6) Aquifer: A saturated body of rock, sand, gravel or other geologic material that is capable of storing, transmitting and yielding water to a well. (7) Aquifer Recharge: The process by which water is added to an aquifer. It may occur naturally by the percolation (infiltration) of surface water, precipitation, or snowmelt from the ground surface to a depth where the earth materials are saturated with water. The aquifer recharge can be augmented by "artificial" means through the addition of surface water (e.g., land application of wastewater or stormwater) or by the injection of water into the underground environment (e.g., drainfields and drywells). (8) Aquifer Recharge Area: Those areas overlying aquifer(s) where natural or artificial sources of water can move downward to an aquifer(s). (9) Aquifer Susceptibility: The ability of the natural system to transmit contaminants to and through the groundwater system. (10) Aquifer Vulnerability: The likelihood that the natural system will transmit contaminants to and through a groundwater system, based on natural geological and hydrogeological characteristics and land use practices. (11) Bank Stabilization: Lake, stream and open water shoreline modification including vegetation enhancement, used for the purpose of retarding erosion, protecting channels or shorelines, and retaining uplands. (12) Bench (-geologic): A relatively flat and wide landform along a valley wall. Ordinance No. 1784 Page 12 of 75 (13) Best Management Practices. Conservation practices (physical, structural and/or managerial) or systems of practices and management measures that: (a) Control soil loss and reduce nutrients, pathogens, bacteria, grease, and sediment; and, (b) Minimize adverse impacts to circulation patterns, and to 1 characteristics of critical areas. water quality degradation caused by toxic substances, pesticides, oil and surface water and groundwater flow, ie chemical, physical, and biological (14) Biolo ist A person who has a minimum of a Bachelor of Science degree in biological sciences or a related field from an accredited college or university and two or more years of experience; or a person who has five or more years of experience as a practicing biologist. (15) Boo : Wetlands which have the following characteristics: Peat soils 16 inches or more in depth; any depth over bedrock; and vegetation such as sphagnum moss, labradortea, bog laurel, bog rosemary, sundews, and sedges. Bogs may have an overstory of spruce, shore pine and may be associated with open water. (16) Buffer: A non -clearing native vegetation area, which is intended to protect the functions and values of critical areas. (17) Candidate Species (State -listed): Species under review by the Department of Fish and Wildlife for possible listing as endangered, threatened or sensitive. A species will be considered for State Candidate designation if sufficient scientific evidence suggests that its status may meet criteria defined for endangered, threatened, or sensitive in WAC 232-12- 297. Currently fisted State Threatened or State Sensitive Species may also be designated as a State Candidate Species if their status is in question. State Candidate Species will be managed by the Department of Fish and Wildlife, as needed, to ensure the long-term survival of populations in Washington. They are listed in WDFW. Policy 4802. (18) C±C: The city of Port Orchard. (19) City Council: The city council of the city of Port Orchard. (20) Clearing: The destruction, disturbance or removal of vegetation by physical, mechanical, chemical or other means. (21) Compensation: Replacement of project -induced critical area (e.g., wetland) losses of acreage or functions, including but not limited to, restoration, creation, or enhancement. (22) Conversion Option Harvest Plan (COHP): (This definition relates to types of Forest Practices) A plan for landowners who want to harvest their land but wish to maintain the option for conversion pursuant to WAC 222-20-050. "Conversion" to a use other than commercial timber operation shall mean a bona fide conversion to an active use, which is incompatible with timber growing. (23) Creation: Actions performed to intentionally establish a critical area at a site where it did not formerly exist. (24) Critical Area Buffer: An area of protection around a critical area. Ordinance No. 1784 Page 13 of 75 (25) Critical Aquifer Recharge Areas: Those land areas, which contain hydrogeologic conditions, which facilitate aquifer recharge and/or transmitting contaminants to an underlying aquifer. (26) Critical Areas: Those areas identified as: (a) wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) geologically hazardous areas; and (e) frequently flooded areas. (27) Critical Facilities: Those facilities necessary to protect the public health, safety and welfare which are defined under the occupancy categories of Essential Facilities, Hazardous Facilities and Special Occupancy Structures in the Uniform Building Code, Table No. 23-K (1988). These facilities include but are not limited to schools, hospitals, police stations, fire departments and other emergency response facilities, and nursing homes. Critical facilities also include sites of hazardous material storage or production. (28) Danger Trees: Any tree of any height, dead or alive, that presents a hazard to the public because of rot, root stem or limb damage, lean or any other observable condition created by natural process or man-made activity consistent with WAC 296-54-529(28). (29) Debris. See Refuse. (30) Department: The city of Port Orchard Public Works Department. (31) Detention Facilities: Stormwater facilities designed to store runoff while gradually releasing it at a pre -determined controlled rate. "Detention Facilities" shall include all appurtenance associated with their designed functions, maintenance and security. (32) Development Proposal Site: For purposes of this ordinance, the legal boundaries of the parcel or parcels of land on which an applicant has applied for authority from the city of Port Orchard to carry out a development proposal. (33) Director: The city engineer or a duly authorized designee in the "department". (34) Draining (related to wetland): Any human activity that diverts or reduces wetland groundwater and/or surface water sources. (35) Easement or Critical Area Protection Easement: Agreement conveyed through a deed, or shown on the face of a plat or site plan for the purpose of perpetual or long-term conservation. (36) Endangered Species (state listed): A species native to the state of Washington that is seriously threatened with extinction throughout all or a significant portion of its range within the state. Endangered species are legally designated in WAC 232-12-014. (37) Enhancement: Actions performed to improve the condition of an existing degraded critical area (e.g., wetlands or streams) such that the functions or values are of a higher • Ordinance No. 1784 Page 14 of 75 quality, provided that this activity does not significantly degrade another existing function or value. (38) Erosion: The process whereby the land surface is worn away by the action of water, wind, ice or other geologic agents, by processes such as gravitational creep or events such as landslides caused by natural or manmade impacts. (39) Erosion Hazard Areas: Land characterized by any of the soil types identified by the Natural Resources Conservation Service as "highly erodible land." This designation pertains to water erosion and not wind erosion. These areas may not be highly erodible until or unless the soil is disturbed by activities such as clearing or grading. (40) Excavation: Removal of earth material. (41) Existing and Ongoing Agriculture: Those activities conducted within the last five (5) years on lands defined in RCW 84.34.020(2) or defined as agricultural practices in this ordinance. For example, the operation and maintenance of existing farm and stock ponds or drainage ditches, operation and maintenance of ditches, irrigation systems including irrigation laterals, canals, or irrigation drainage ditches, changes between agricultural activities, such as rotating crops or grasses used for grazing, and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas; provided, that alteration of the contourof wetlands or streams by leveling or filling otherthan that which results from normal cultivation, or draining of wetlands shall not be considered normal or necessary farming or ranching activities. The regulatory flood hazard areas, floodplains and ffoodways are depicted on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps for Kitsap County. (42) Exotic: Any species of plant or animal that is not indigenous (native) to an area. (43) Extraordina Hardship: Where the strict application of this ordinance and/or other programs adopted to implement this ordinance by the regulatory authority would prevent all reasonable use of the parcel. (44) Farm and Agricultural Conservation Land: (a) Land that was previously classified under RCW 84.34.020(2) ("Farm and agricultural land") that no longer meets the criteria of said subsection (2) and that is reclassified under RCW 84.34.020(1) ("Open space land"); or, (b) Land that is traditional farmland that is not classified under Chapter 84.33 or 84.34 RCW that has not been irrevocably devoted to a use inconsistent with agricultural uses, and that has a high potential of returning to commercial agriculture. (45) Farm Pond: An open -water habitat of less than five (5) acres and not contiguous with a stream, river, lake or marine water created from a non -wetland site in connection with agricultural activities. (46) Fen: Wetland with peat soils 16 inches or more in depth, or any depth of organic soil over bedrock, and vegetation such as certain sedges, hardstem bulrush and cattails. Fens may have an overstory of spruce and may be associated with open water. (47) Filling or Fill: A deposit of earth or other natural or manmade material placed by artificial means, including, but not limited to, soil materials, debris, or dredged sediments. Ordinance No. 1784 Page 15 of 75 (48) Floodplain: The Foodway and associated special flood hazard areas having the potential to flood once every 100 years, or having a 1 % chance of being equaled or exceeded in any given year. (49) Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (50) Forest Practices: As defined in WAC 222-16-010 (21), as amended, any activity conducted on or directly pertaining to forest land that is related to growing, harvesting, or processing timber, including but not limited to: (a) Road and trail construction, (b) Harvesting, final and intermediate, (c) Pre -commercial thinning, (d) Reforestation, (e) Fertilization, (f) Prevention and suppression of diseases and insects, (g) Salvage of trees, and (h) Brush control. Forest practices shall not include preparatorywork such as tree marking, surveying and road flagging; or removal or harvest of incidental vegetation from forest lands such as berries, fems, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber or public resources. (51) Frequently Flooded Areas: All Kitsap County lands, shorelands and waters which are within the 100-year floodplain (Floodway) as designated by the Federal Emergency Management Agency in Flood Insurance Rate and Boundary Maps (FIRM). (52) Geologic Hazard Areas: Areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. Source: WAC 365- 190-030(8). (53) Geologist: A person who has a Bachelor of Science degree in geologic sciences from an accredited college or university and has a minimum of four years experience in soil or slope evaluation under the direct supervision of a practicing geologist or licensed geotechnical engineer. (54) Geotechnical Engineer; A practicing geotechnical/civil engineer licensed as a professional civil engineer with the state of Washington, with professional training and experience in geotechnical engineering, including at least four years professional experience in evaluating geologically hazardous areas. • Ordinance No. 1784 Page 16 of 75 (55) Geotechnical Report and Geological Report: A study of potential site development impacts related to retention of natural vegetation, soil characteristics, geology, drainage, groundwater discharge, and engineering recommendations relating to slope and structural stability. The geotechnical report shall be prepared by or in conjunction with a licensed geotechnical engineer meeting the minimum qualifications as defined by this ordinance. Geological Reports may contain the above information with the exception of engineering recommendations, and may be prepared by a geologist (see Chapter 7, Special Reports for minimum qualifications). (56) Grading (construction): Any excavating, filling, grubbing, recontouring or removal of earth materials on the surface layer or any combination thereof. (57) Grazed Wet Meadows: Wetlands whose vegetative cover has been greatly modified as a result of grazing, seeding, or cutting for hay. Grazed wet meadows are typically dominated by a pasture species (such as blue grass, orchard grass, fescue, clovers, reed canary grass, etc.) as well as nonnative wetland species such as soft rush and buttercup. They are saturated or have standing water during the wet season and part of the growing season but are dry during the summer months. Grazed wet meadows have been (within the last 5 years) or are being used for livestock grazing, seeding, or cutting for hay. (58) Grubbing: The removal of vegetative matter from underground, such as sod, stumps, roots buried logs, or other debris, and shall include the incidental removal of topsoil to a depth not exceeding 12 inches. (59) Habitat: The specific areas or environments in which a particular type of plant or animal lives. An organism's primary and secondary habitat provides all the basic requirements for life of the organism. (60) Habitat of Local Importance: A seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long-term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or areas of high vulnerability to alteration, such as cliffs, talus, and wetlands. (61) Hazardous Substance(s): Any liquid, solid, gas or sludge, including any materials, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste, including waste oil and petroleum products. (62) Hydric Soils: Soils, which are wet long enough to periodically, produce anaerobic conditions, thereby influencing the growth of hydrophitic plants. (63) Hydrologist or H_ydrogeologist: A person who has a Bachelor of Science degree in geologic sciences with an emphasis in hydrogeology or related field from an accredited college or university and has a minimum of five years experience in groundwater investigations, modeling and remediation. (64) Hydrophytes: Those plants capable of growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. Source: WAC 173-22-030. (65) Infiltration Rate: A general description of how quickly or slowly water travels through a particular soil type. Ordinance No. 1784 Page 17 of 75 (66) Investigation: Work necessary for land use application submittals such as surveys, soil logs, percolation tests or other related activities. (67) Landslide Hazard Areas: Areas potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. (68) Liquefaction: A process in which a water -saturated soil, upon shaking, suddenly loses strength and behaves as a fluid (See Chapter 2 Wetlands). (69) Lot: A measured parcel of land having fixed boundaries and designated on a plat or survey. A physically separate and distinct parcel of property, which has been created pursuant to the provisions of the Port Orchard zoning ordinance. A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. (70) Low Impact Activities: Activities that do not require a development permit and/or do not result in any alteration of hydrology or adversely impact the environment. (71) Maior New Development: Any new development, as defined below, within or within 200 feet of a critical area: (a) Subdivisions of land; (b) Clearing, grading or filling one acre or greater in area; (c) Any new commercial development in excess of 750 square feet in area authorized in the city of Port Orchard zoning ordinance; (d) Development requiring conditional use or special use permits required under city of Port Orchard zoning ordinance; (e) Planned Residential Developments authorized under city of Port Orchard zoning ordinance; (f) Any structure foot print in excess of 4,000 square feet in area, except for single family residences; (g) Any residential development except as exempted below. (72) - Minor New Development: Any new development, as defined below, within or within 200 feet of a critical area: (a) Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements; (b) Emergency construction necessary to protect property from damage by the elements; (c) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities, construction of an agricultural building less than 3,000 square feet in size used exclusively for agricultural activities and the construction and Ordinance No. 1784 Page 18 of 75 maintenance of irrigation structures including but not limited to head gates, pumping facilities and irrigation channels: provided, that a feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of wetlands or streams by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities; (d) Construction of one single family residence and normal appurtenances necessarily connected to the use and enjoyment of a single-family residence and may include a garage; deck; driveway; utilities; fences, grading less than one acre in area; and home occupations pursuant to the city of Port Orchard zoning ordinance, as now or hereafter amended; (e) Construction of a dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of a single family residence; (f) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing prior to the date of adoption of this ordinance, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system; (g) Development authorized by Chapter 1, Section 4 (General Exemptions) and/or by Chapter 1, Section 6 (Standards for Existing Development). (73) Mitigation: Avoiding, minimizing or compensating for adverse critical area impacts. Mitigation includes the following specific categories: (a) Mitigation, compensatory: replacing project -induced critical area losses or impacts, including, but not limited to, restoration, creation, or enhancement. (b) Mitigation, creation: mitigation performed to intentionally establish a critical area (e.g., wetland) at a site where it does not currently exist. (c) Mitigation, enhancement: mitigation performed to improve the condition of existing degraded critical areas (e.g., wetlands) so that the functions they provide are of a higher quality. (d) Mitigation, restoration: mitigation performed to reestablish a critical area (e.g., wetland), or its functional characteristics and processes, which have been lost by alterations, activities or catastrophic events within an area which no longer meets the definition of a critical area. (74) Native Vegetation: Vegetation indigenous to the Puget Sound Coastal Lowlands. (75) Non -conforming Use or Structure: A use of land or structure which was lawfully establishedor built and which has been lawfully continued but which does not conform to the current regulations of the zone in which it is located as established by the city of Port Orchard zoning ordinance relating to repair of damaged structures, this ordinance, or amendments thereto. (76) Normal Maintenance: Includes those usual acts to prevent a decline, lapse or cessation from a lawfully established. condition. Normal maintenance includes removing Ordinance No. 1784 Page 19 of 75 debris from and cutting or manual removal of vegetation in crossing and bridge areas. Normal maintenance does not include: (a) Use of fertilizer or pesticide application in wetlands, Fish and Wildlife Habitat Conservation Areas, or their buffers; (b) Re -digging ditches in wetlands or their buffers to expand the depth and width beyond the original ditch dimensions; (c) Re -digging existing drainage ditches in order to drain wetlands on lands not classified as existing and ongoing agriculture under Chapter 1, Section 4 (General Exemptions). (77) Open Space: This island used for outdoor recreation, critical area or resource land protection, amenity, safety or buffer, including structures incidental to these open space uses, but excluding yards required by this ordinance and land occupied by dwellings or impervious surfaces not related to the open space uses. (78) Ordinary High Water Mark: That mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: Provided, that in any area where the Ordinary High Water Mark cannot be found, the Ordinary High Water Mark adjoining salt water shall be the line of mean higher high tide and the Ordinary High Water Mark adjoining fresh water shall be the line of mean high water. (79) Organic Debris: Includes, but is not limited to, stumps, logs, branches, leaves and other organic materials. (80) Out -of -Kind Compensation: Means to replace a critical area (e.g., wetland) with a substitute critical area (e.g., wetland) whose characteristicsdo not closely approximate those destroyed or degraded by a regulated activity. It does not refer to replacement "out -of -category," such as replacement of wetland loss with new stream segments. (81) Permit: Any development, variance, conditional use permit, or revision authorized under RCW 90.58 or city regulations. (82) Planned Residential Development (PRD): Development specifically approved by the city and characterized by comprehensive planning of the total project, though it may contain a variety of individual lots and/or uses. This type of project may include clustering of structures and preservation of open space with a number of flexible and customized design features specific to the natural features of the property and the uses sought to be implemented. Specific lot area and setback requirements are reduced or deleted in order to allow maximization of open space, critical areas and other components of the project. (83) Planning Commission: The planning commission of the city of Port Orchard. (84) Pond: A naturally existing or artificially created body of standing water less than 20 acres in size and not defined as "Shorelines of the State" by RCW 90.58 (Shoreline Management Act). • Ordinance No. 1784 Page 20 of 75 (85) Practicable Alternative: An alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to critical areas. It may include an area not owned by the applicant, which could reasonably have been or be obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed activity. (86) Priority Habitat: A seasonal range or habitat element with which a given species has a primary association, and which, if altered may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding, nesting, feeding, foraging, and migratory habitat; winter range, movement corridors; and/or habitats that are of limited availability or high vulnerability to alteration. Priority habitats are established by the Washington State Department of Fish and Wildlife within their Priority Habitats and Species Data Base. (87) Priority Species: Priority species include those which are state -listed endangered, threatened, sensitive, candidates and monitor species as well as priority game and non -game species. (88) Public Facilities: Facilities, which are owned, operated and maintained by a public agency. (89) Public Project of Significant Importance. A project funded by a public agency, department or jurisdiction which is found to be in the best interests of the citizens of the city of Port Orchard and is so declared by the Port Orchard city council in a resolution. (90) Public Right -of -Way: Any road, alley, street, avenue, arterial, bridge, highway, or other publicly owned ground or place used or reserved for the free passage of vehicular and/or pedestrian traffic or other services, including utilities. (91) Public Utility: A business or service, either governmental or having appropriate approval from the state, which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need, such as, electricity, gas, sewer and/or wastewater, water, transportation or communications. (92) Ravine: A v-shaped landform generally having little to no floodplain and normally containing steep slopes, which is deeper than 10 vertical feet as measured from the centerline of the ravine to the top of the slope. Ravines are typically created by the wearing action of streams. (93) Refuse: Material placed in a critical area or its buffer without permission from any legal authority. Refuse includes, but is not limited to, stumps, wood and other organic debris, as well as tires, automobiles, construction and household refuse. This does not include large woody debris used with an approved enhancement plan. (94) Reasonable Alternative: An activity that could feasibly attain or approximate a proposal's objectives, but at a lower environmental cost or decreased level of environmental degradation. (95) Reasonable Use: A property is deprived of all reasonable use when the owner can realize no reasonable return on the property or make any productive use of the property. Reasonable return does not mean a reduction in value of the land, or a lack of a profit on the purchase and sale of the property, but rather, where there can be no beneficial use of the property; and which is attributable to the implementation of the Critical Areas ordinance. Ordinance No. 1784 Page 21 of 75 (96) Reasonable Use Exception: The process by which the city determines allowable use of a property which cannot conform to the requirements set forth in this ordinance, including the variance criteria. See Chapter 1, Section 8 for Reasonable Use Exception procedures. (97) Regulated Use or Activity: Any development proposal which includes or directly affects a critical area or its buffer or occurring within 200 feet of a critical area (see definition of adjacent and development). (98) Restoration: The return of a critical area (e.g., stream or wetland) to a state in which its functions and values approach its unaltered state as closely as possible. (99) Retention Facilities., Drainage facilities designed to store runoff for gradual release by evaporation, plant transpiration, or infiltration into the soil. Retention facilities shall include all such drainage facilities designed so that none or only a portion of the runoff entering the facility will be eventually discharged as surface water. Retention facilities shall include ail appurtenances associated with their designed function, maintenance and security. (100) Riparian Area: An area that includes the land, which supports riparian vegetation and may include some upland, depending on site conditions. These generally occur adjacent to water bodies where specific measures are needed to protectfish and wildlife habitat needs and watershed functions. (101) Salmonid: A member of the fish family salmonidae. This family includes Chinook, Coho, Chum, Sockeye and Pink Salmon; Rainbow, Steelhead, Cutthroat, Brook and Brown Trout; and Dolly Varden Char, Kokanee, and Whitefish. (102) Sensitive Species (state listed): A species, native to the state of Washington, that is vulnerable or declining and is likely to become endangered or threatened in a significant portion of its range within the state without cooperative management or the removal of threats. Sensitive species are legally designated in WAC-232-12-011. (103) Shorelines: All of the water areas of the state, including reservoirs, and their associated wetlands, together with the lands underlying them; except (a) shorelines of state-wide significance; (b) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (c) shorelines on lakes less than twenty acres in size and wetlands associated with such small takes. (104) Shorelines of State -Wide Significance: Those areas designated under RCW 90.58.030(e) Marine Shorelines designated as Shorelines of Statewide Significance (a) Blackjack Creek — from the confluence of Blackjack Creek and unnamed creek (Sec. 11, T23N, R1 E) downstream to mouth at Sinclair Inlet (Sec 25, T24N, R1 E) (b) Puget Sound - line waterward from line of Extreme Low Tide. Ordinance No. 1784 Page 22 of 75 (105) Single -Family Dwelling: A building or structure which is intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes by one family and including accessory structures and improvements. (106) Special Flood Hazard Areas: The area adjoining the floodway which is subject to a one percent or greater chance of flooding in any year, as determined by engineering studies acceptable to the city of Port Orchard. The Coastal High Hazard Areas are included within special flood hazard areas. (107) Species of Concern: These are species that have been classified as endangered, threatened, sensitive, candidate, or monitored by the Washington State Department of Fish and Wildlife. (108) State Environmental Policy Act or SEPA: The state environmental law (Chapter 43.2 RCW) and rules (Chapter 197-11 WAC) as implemented by the city of Port Orchard. (109) Streams: Those areas in the city of Port Orchard where the surface water flow is sufficient to produce a defined channel or bed. A defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes but is not limited to bedrock channels, gravel beds, sand and silt beds and defined -channel swales. The channel or bed need not contain water year-round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices or otherartificial watercourses unless they are used by fish or used to convey streams naturally occurring prior to construction. (110) Susceptibility (groundwater): The potential an aquifer has for groundwater contamination, based on factors which include but are not limited to depth of aquifer, soil permeability, topography, hydraulic gradient and conductivity, and precipitation. (111) Swale: A shallow drainage conveyance with relatively gentle side slopes, generally with flow depths less than i foot. (112) Threatened Species (State listed): A species, native to the state of Washington, that is likely to become endangered in the foreseeable future throughout a significant portion of its range within the state without cooperative management or the removal of threats. Threatened species are legally designated in WAC 232-12-011. (113) Toe of Slope: A distinct topographic break in a slope. Where no distinct break exists, this point shall be the lower most limits of the landslide hazard area as defined and classified in Chapter 6 of this ordinance. (114) Top of Slope: A distinct topographic break in a slope. Where no distinct break in a slope exists, this point shall be the uppermost limit of the Geologically Hazardous Area as defined and classified in Chapter 4 of this ordinance. (115) Unavoidable and Necessary Impacts: An impact to a critical area that remains after an applicant proposing to alter such an area has demonstrated that no practicable alternative exists for the proposed project. (116) Utilities: Facilities and/or structures which produce or carry electric power, gas, sewage, water, communications, oil, ;publicly maintained stormwater facilities, etc. (117) Utility Corridor: Areas identified in the Comprehensive Plan for utility lines, including electric, gas, sewer, water lines; and public right-of-way and other dedicated utility right-of- way on which one or more utility lines are currently located. The term "other dedicated utility • Ordinance No. 1784 Page 23 of 75 right-of-way" means ownership, easements, permits, licenses or other authorizations affording utilities the right to operate and maintain utility facilities on private property. (118) Vulnerability (groundwater): The likelihood that an aquifer could be contaminated, based on both susceptibility and land use. High vulnerability generally means an aquifer, which has high susceptibility to contamination, and is located in a land use area conducive to contamination, such as industrial or residential. High vulnerability includes high potential areas for overdrafting and/or saltwater intrusion. (119) Wetlands: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include, but are not limited to swamps, marshes, estuaries, bogs, and ponds less than 20 acres, including their submerged aquatic beds and similar areas. Wetlands do not include those artificial wetlands intentionally created from non wetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, stormwater facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands include those artificial wetlands intentionally created from non wetland areas to mitigate the conversion of wetlands. (120) isolated Wetlands: Wetlands which: (a) are outside of and not contiguous to any 100-yearflood plain of a lake, river, or stream; and (b) have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water or other wetland. (121) Wetland Determination: An on -site determination as to whether a wetland exists on a specific parcel, conditioned by either a wetland specialist or the department. A wetland determination does not require a formal delineation. (122) Wetlands Report: A wetland delineation characterization and analysis of potential impacts to wetlands consistent with applicable provisions of Chapter 2 (Wetlands) of this ordinance. (123) Wetland Edge: The line delineating the outer edge of a wetland established in Chapter 2, Section 2. (124) Wetlands of Regional Significance: Those regulated wetlands determined by the department, or otherwise determined, to have characteristics of exceptional resource value which should be afforded the highest levels of protection. (125) Wetlands Specialist: A person who has earned a Bachelor's degree in Biological Sciences with specific course work concerning the functions and values of wetlands from an accredited college or university with a minimum of 2 years of related work experience; or a qualified consultant or professional person who has equivalent education and training or with equivalent experience acceptable to the department. The city may refer to the list of approved Wetland Specialists, which is maintained by the city. (126) Wetlands of Statewide Significance: Those regulated wetlands recommended by the Washington Department of Ecology and determined by the department to have Ordinance No. 1784 Page 24 of 75 characteristics of exceptional resource value which should be afforded the highest levels of protection. (127) Wet and: An artificial water body constructed as a part of a surface water management system (128) Wildlife Bioio_gist: A person who has earned a minimum of a Bachelors degree in wildlife biology and has a minimum of 5 years of field experience in wildlife biology and habitat evaluation. (129) Wildlife Nesting Structure: Structure erected for the sole purpose of providing a wildlife nesting site. CHAPTER TWO: WETLANDS SECTION 1. Purpose. This section applies to all regulated uses within or adjacent to areas designated as wetlands, as categorized in Chapter 2, Section 2 below. The intent of this chapter is to: (1) Achieve no net loss and increase the quality and function of wetland acreage, functions and values within the city. Mitigation measures, as conditions of permits, must have a reasonable expectation of success. Under the conditions of this chapter, the department may deny development proposals that would irreparably impact regulated wetlands; (2) Protect the public expenditures that could arise from improper wetland uses and activities; (3) Plan wetland uses and activities in a manner that allows property holders to benefit from wetland property ownership wherever allowable under the conditions of this chapter and ordinance; (4) Preserve natural flood control, stormwater storage and drainage or stream flow patterns; and, (5) Prevent turbidity and pollution of wetlands, and fish or shellfish bearing waters to maintain the wildlife habitat. SECTION 2. Wetland Categories. (1) Wetlands are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, estuaries, marshes, bogs, and similar areas. For regulatory purposes, wetland delineations shall be determined by using the Washington State Wetlands Identification and Delineation Manual, March 1997, or as amended hereafter. (2) The city uses the Department of Ecology's Washington State Wetland Rating System for Western Washington, 2nd Edition,1993, or as amended hereafter to categorize wetlands for the purposes of establishing wetland buffer widths, wetland uses and replacement ratios Ordinance No. 1784 Page 25 of 75 for wetlands. This system consists of four wetland categories (see Chapter 8 Appendices, Appendix "A" for Wetland Categories). SECTION 3. Regulated and Non -Regulated Wetlands Classification. (1) Regulated Wetlands: (See classifications in Chapter 8) (a) Cate -gory I Wetlands: All (b) Category 11 Wetlands: All (c) Category III Wetlands: 2,500 square feet or greater. (d) Cate o IV Wetlands: 10,000 square feet or greater. (e) Wetlands intentionally created from non -wetland areas to mitigate conversion of other wetlands. (f) Groups of isolated wetlands, any one or more of which may be smaller than any of the above categories, but which in aggregate may be as valuable as any of the above categories. (2) Non -Regulated Wetlands: (a) Category III Wetlands: Isolated wetlands less than 2,500 square feet. (b) Category IV Wetlands: Isolated wetlands less than 10,000 square feet. (c) Created Wetlands: Wetlands created intentionally from a non -wetland site that were not required to be constructed as mitigation for adverse wetland impacts. These may include, but are not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment ponds, farm ponds not contiguous, as defined in this ordinance, and landscape amenities. The applicant shall bear the burden of proving that the wetland was intentionally created from a non -wetland site. Where enhancements or restorations are made to non -regulated, or Category IV or III Wetlands for purposes otherthan mitigation, the original rating shall be maintained even if the changes would otherwise result in a higher classification. SECTION 4. Development Standards. For the purpose of this ordinance a regulated wetland and its buffer is a critical area. (1) There shall be no activity allowed within a regulated wetland or its buffer unless specifically allowed under this ordinance in Table 2. Any regulated uses not specifically listed in Table 2 shall be considered unclassified and may be allowed if granted a Special Use Review in accordance with this ordinance (see Chapter 2, Section 7, Special Use Review). (2) Buffers: Buffers shall remain undisturbed natural vegetation areas exceptwhere the buffer can be enhanced to improve its functional attributes. Any buffer enhancement and/or limited view clearing activity must be reviewed and approved by the department. No refuse shall be placed in the buffer. • Ordinance No. 1784 Page 26 of 75 (3) Buffer Widths: All regulated wetlands shall be surrounded by a buffer zone as follows: Table 1: Wetland Development Standards Wetland Category Buffer Width Standard Minimum Building Setback Other Development Standards 1 200 feet 15 feet beyond buffer See subsections (5), (6), and (7) below for criteria relating to buffer averaging, decreased buffer provisions and increased buffer provisions. 11 100 feet 15 feet beyond buffer 111 50 feet 15 feet beyond buffer IV 25 feet 15 feet beyond buffer (4) Buffer Measurement: All buffers shall be measured on a horizontal plane from the regulated wetland edge as marked in the field. (5) Buffer Averaging: Standard buffer widths may be modified by the department for a development proposal by averaging buffer widths. The total area contained within the buffer after averaging shall be no less than that contained within the standard buffer prior to averaging. The buffer shall not be reduced by more than 50% of the standard buffer width at any point. The department may allow wetland buffer averaging where it can be demonstrated that such averaging can clearly provide as great or greater functions and values as would be provided under the standard buffer requirement. Averaging of buffer widths may be allowed where the applicant demonstrates one or more of the following: (a) That the wetland contains variations in sensitivity due to existing physical characteristics; (b) That low intensity uses would be located within 200 feet of areas where buffer width is reduced, and that such low intensity uses are guaranteed in perpetuity by covenant, deed restriction, easement, or other legally binding mechanism; (c) That averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property. (6) Decreased Buffer Provisions: The department may decrease buffer widths upon granting of a variance, according to the procedures of this ordinance or through buffer averaging as outlined above. Granting of a reduced buffer shall be the minimum necessary to accommodate the permitted use. In lieu of going through the formal variance process, an administrative reduction to buffer widths may be granted subject to the following criteria: (a) For minor new development, the department may administratively reduce the buffer by up to 25%, pursuant to the variance criteria listed in Chapter 1, Section 7. Where an administrative buffer reduction is granted, fencing or signage of the buffer edge shall be required. The order of sequence for such buffer reductions shall be as follows: Ordinance No. 1784 Page 27 of 75 (i) use of buffer averaging maintaining 100% of the buffer area under the standard buffer requirement; (ii) reduction of the overall buffer area by no more than 25% of the area required under the standard buffer requirement; (iii) enhancementof existing degraded buffer area and replanting of the disturbed buffer area; (iv) the use of alternative on -site wastewater systems in order to minimize site clearing; (v) infiltration of stormwater where soils permit; and, (vi) retention of existing native vegetation on other portions of the site in order to off set habitat loss from buffer reduction. (b) For major new development, the department may reduce the buffer by up to 25%, where it can be demonstrated in a Special Reportthat enhancement of the existing low quality buffer can clearly provide as great or greater functions and values, as would be provided under the standard buffer requirement. (c) A buffer enhancement plan must utilize native vegetation. (d) The minimum buffer shall be no less than 25 feet, except as allowed under a formal variance or reasonable use approval. (7) Increased Buffer Provisions: The department may increase buffer zone widths for a development project on a case -by -case basis when a larger buffer is necessary to protect wetland functions and values. Such determination shall be based on site -specific and project related conditions, which include, but are not limited to: (a) Wetland sites with known locations of endangered or threatened species for which a habitat management plan indicates a larger buffer is necessary to protect habitat values for such species; (b) The adjacent land is susceptible to severe erosion and erosion control measures alone will not effectively prevent adverse wetland impacts; (c) The adjacent land on the development proposal site has minimal vegetative cover or slopes greater than 30%; or (d) The proposed development within 200 feet of the regulated wetland would be a high intensity use. (8) Fencing and Signs: This chapter applies to those wetlands and their buffers that are within 200 feet of regulated development activities. (a) Wetland buffers shall be temporarily fenced or otherwise suitably marked, as required by the department, between the area where the construction activity occurs and the buffer. Fences shall be made of a durable protective barrier and shall be highly visible. Silt fences and plastic construction fences may be used to prevent encroachment on wetlands or their buffers by construction. Temporary fencing shall be removed after the site work has been completed and the site is fully stabilized per city approval. • • Ordinance No. 1784 Page 28 of 75 (b) The department may require permanent signs and/or fencing be placed on the common boundary between a wetland buffer and the adjacent land. Such signs will identify the wetland buffer. The department may approve an alternate method of wetland and buffer identification, if it provides adequate protection to the wetland and buffer. (9) Building or Impervious Surface Setback Lines: A building or impervious surface setback line of 15 feet is required from the edge of any wetland buffer. Minor structural or impervious surface intrusions into the areas of the setback may be permitted if the department determines that such intrusions will not adversely impact the wetland. The setback shall be identified on a site plan and filed as an attachment to the notice to title as required by Chapter 1, Section 10 (Notice to Title). SECTION 5. Regulated Uses and Activities. (1) Major and minor new development activities on properties containing regulated wetlands and buffers are subject to the development standards in this chapter, as permitted in the underlying zoning designation. Requirements for additional activities are specified in Table 2. The city may grant exceptions to these uses and activities according to the intent and specifications of this ordinance. All authorized uses and activities in a regulated wetland or its buffer shall be subject to conditions established by the departmentand may be subject to mitigation as required by this ordinance. (2) Development shall be classified as "allowed", "permitted", "special use" (Chapter 2, Section 7) or "prohibited" according to this section. Any regulated uses not specifically listed in Table 2 shall be considered unclassified and may be allowed if granted a special use review in accordance with this ordinance. The wetland categories in Table 2 are defined in the appendices. For the purpose of Table 2, "W and "B" refer to the terms "wetland" and "buffer". • Ordinance No. 1784 Page 29 of 75 Key: A = Allowed Outright P = Permitted Subject to Development Standards and Underlying Permit S = Special Use Review Required X = Prohibited Table 2: Regulated Uses and Category I Category II Category Ill Catego_ry__fV Activities in Regulated Wetlands and Buffers W B W B W B W B 1. Agriculture -existing & A A A A A A A A ongoing 2. Agriculture -Building X X X S S P S P (Grazed Wet Meadows) 3. A. Agriculture Conversion (Wetland dependent) X X X S S S S S B. (Non -wetland dependent) X X X X S S S S 4. Bank stabilization X X S S S S P P 5. Boat ramp X X S S S S S S 6. Dock/float S S S S S S P P 7. Draining Wetlands X NIA X NIA X NIA X NIA (associated with no other permitted use, except as allowed under Chapter 1, Section 4 (3) 8. Education and Scientific P P P P P P A P Research (no permanent structures) 9. Enhancement S S P P P P P P 10. Excavation (not associated X X S S S S S S with enhancement) 11. Fill (associated with no X X X X X X X X other use) 12. Fish Hatchery X X S S S S S S 13. Flooding (associated with X X S S S S S S no other use) 14. Forest Practice -Class IV X X X S S S S S General or COHP 15. Golf Course X X S S S S S S 16. Land Division P P P P P P P P Ordinance No. 1784 Page 30 of 75 Table 2: Regulated Uses and Category I Category II Category III Category IV Activities in Regulated Wetlands and Buffers W B W B W B W B 17. Mineral extraction X X S S S S S S 18. Mooring Buoy P P P P P P P P 19. Navigational Aid P P P P P P P P 20. Parks -Public & Private S S S S S S P P 21. Ponds -Stock Watering X X X S X S S P 22. Public Facility X X X S S S S S 23. Public Project of Significant S S S S S S S S Importance 24. Radio/TV Towers X X S S S S S S 25. Restoration/Revegetation of S S P P P P P P Site 26. Road/Street- Public/Private Access A. Expand within Existing ROW S S S S S S P P B. New Facilities X X S S S S P P 27. Signs -(interpretation, P P P P P P P P Hazard, Critical Area Boundary, Survey Markers) 28. Site Investigation A A A A A A A A 29. Storrnwater, Private R/D X X X S S S S S Facility 30. Stormwater, Regional R/D X X X S S S S S Facility 31. Trails and Trail Related S S S S P P P P Facilities 32. Utility Facility X X S S S S S S 33. Utility -On -Site Sewage X X X S X S X S Facility 34. Utility Line -Overhead S S S S S S P P 35. Utility Line -Underground X S S S S S S S Ordinance No. 1784 Page 31 of 75 SECTION 6. Additional Development Standards for Regulated Uses. In addition to meeting the Development Standards above (Chapter 2, Section 4) those regulated uses identified below shall also comply with the standards of this Section and other applicable state, federal and local ordinances. (1) Docks: Construction of a dock, pier, moorage, float or launch facility may be permitted subject to criteria in the city's Shoreline Master Program and where no existing buffer or wetland vegetation would be significantly altered. (2) Forest Practice Class IV General, and Conversion Option Harvest Plans (COHPs): All timber harvesting and associated development activity, such as construction of roads, shall comply with the provisions of this ordinance, including the maintenance of buffers around regulated wetlands. (3) Agricultural Restrictions: In all development proposals which would permit introduction of agricultural uses, damage to Category I, II and III regulated wetlands shall be avoided. These restrictions shall not apply to those regulated wetlands defined as grazed wet meadows, regardless of their classification only where grazing has occurred within the last five (5) years. Wetlands shall be avoided by one of the following methods: (a) Implementation of a farm conservation plan agreed upon by the Conservation District and the applicant to protect and enhance the water quality of the wetland; and/or, (b) Fencing located not closer than the outer buffer edge. (4) Road/Street Repair and Construction: Any private or public road or street repair, maintenance, expansion or construction, which is allowed, shall comply with the following minimum development standards: (a) No other reasonable or practicable alternative exists and the road or street crossing serves multiple properties whenever possible; (b) Publicly owned or maintained road or street crossings should provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.; and, (c) The road or street repair and construction are the minimum necessary to provide safe roads and streets. (d) Mitigation shall be performed in accordance with specific project mitigation plan requirements. (5) Land Divisions and Land Use Permits: All proposed divisions of land and land uses (including but not limited to the following: Boundary or Lot Line Adjustments, Short Plats, Large Lot Subdivisions, Master Planned Resorts, Planned Residential Developments, Conditional Use Permits, Site Plan Reviews, Binding Site Plans) which include regulated wetlands, shall comply with the following procedures and development standards: (a) Regulated wetlands, except the area with permanent open water, and wetland buffers may be included in the calculation of minimum lot area for proposed lots provided that other standards, including (c) below, are met. Ordinance No. 1784 Page 32 of 75 (b) Land division approvals shall be conditioned to require that regulated wetlands and regulated wetland buffers be dedicated as open space tracts, or an easement or covenant encumbering the wetland and wetland buffer. Such dedication, easement or covenant shall be recorded together with the land division and represented on the final plat, short plat or binding site plan, and title. (c) In order to implement the goals and policies of this ordinance, to accommodate innovation, creativity, and design flexibility, and to achieve a level of environmental protection that would not be possible by typical lot -by -lot development, the use of the clustered development or similar innovative site planning is strongly encouraged for projects with regulated wetlands on the site. (d) After preliminary approval and prior to final land division approval, the department may require the common boundary between a regulated wetland or associated buffer and the adjacent land be identified using permanent signs and/or fencing. In lieu of signs and/or fencing, alternative methods of wetland and buffer identification may be approved when such methods are determined by the department to provide adequate protection to the wetland and buffer. (6) Surface Water Management The following stormwater management activities within wetland or buffer areas may be allowed only if they meet the following requirements, in addition to the development standards in this chapter and in conformance with the Stormwater Management ordinance: Surface water discharges from stormwater facilities or structures may be allowed provided that the new surface water discharges to regulated wetlands from retention/detention facilities, pre -settlement ponds, or other surface water management structures may be allowed provided that the discharge does not significantly increase or decrease the rate of flow and/or hydro -period, nor decrease the water quality of the wetland. Water quality treatment best management practices will be required prior to discharge. Pre-treatment of surface water discharge through biofiltration or other means shall be required. (7) Trails and Trail -Related Facilities: Construction of public and private trails and trail -related facilities, such as benches and viewing platforms may be allowed in wetlands or wetland buffers pursuant to the following guidelines: (a) Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or any other previously disturbed areas. (b) Trails and related facilities shall be planned to minimize removal of trees, soil disturbance and existing hydrological characteristics, shrubs, snags and important wildlife habitat. (c) Viewing platforms and benches, and access to them, shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected wetland. (d) Trails and related facilities shall generally be located outside required buffers. Where trails are permitted within buffers they shall be located in the outer portion of the buffer and a minimum of 25 feet from the wetland edge, except where wetland crossings or viewing areas have been approved. Ordinance No. 1784 Page 33 of 75 (e) Trails shall generally be limited to pedestrian use unless other more intensive uses, such as bike or horse trails have been specifically allowed and mitigation has been provided. (8) Utilities in Wetlands or Wetland Suffers: (a) The utility development authorized in Chapter 1, Section 4 shall be allowed, subject to best management practices in wetlands and wetland buffers in accordance with Table 1. (b) Construction of new utilities outside the road right-of-way or existing utility corridors may be permitted in wetlands or wetland buffers, only when no reasonable alternative location is available and the utility corridor meets the requirements for installation, replacement of vegetation and maintenance outlined below, and as required in the fling and approval of applicable permits and Special Reports (Chapter 7) required by this ordinance. (c) Sewer or On -site Sewage Utility. Construction of sewer lines or on -site sewage systems may be permitted in regulated wetland buffers only when: (i} The applicant demonstrates it is necessary to meet state and/or local health code minimum design standards (not requiring a variance for either horizontal setback or vertical separation), and/or (ii) There are no other practicable or reasonable alternatives available and construction meets the requirements of this section. Joint use of the sewer utility corridor by other utilities may be allowed. Special Use Review (Chapter 2, Section 7) will be required when such activities occur in wetland buffers. (d) New utility corridors shall not be allowed when the regulated wetland or buffer has known locations of federal or state listed endangered, threatened or sensitive species, heron rookeries or nesting sites of raptors which are listed as state candidate or state monitor, except in those circumstances where an approved Habitat Management Plan indicates that the utility corridor will not significantly impact the wetland or wetland buffer; (e) New utility corridor construction and maintenance shall protect the regulated wetland and buffer environment by utilizing the following methods: (i) New utility corridors shall be aligned when possible to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet), measured on the uphill side. (ii) New utility corridors shall be revegetated with appropriate native vegetation at preconstruction densities or greater, immediately upon completion of construction, or as soon thereafter as possible, if due to seasonal growing constraints. The utility shall ensure that such vegetation survives. (iii) Any additional utility corridor access for maintenance shall be provided as much as possible at specific points, rather than by parallel roads. If parallel roads are necessary, they shall be of a • Ordinance No. 1784 Page 34 of 75 minimum width but no greaterthan 15 feet; and shall be contiguous to the location of the utility corridor on the side away from the wetland. Mitigation will be required for any additional access through restoration of vegetation in disturbed areas. (iv) The department may require other additional mitigation measures. (f) Utility Corridor Maintenance shall include the following measures to protect the regulated wetland and buffer environment: (i) Where feasible, painting of utility equipment such as power towers shall not be sprayed or sandblasted, nor should lead -based paints be used. (ii) No pesticides, herbicides or fertilizers may be used in wetland areas or their buffers except those approved by the EPA and Ecology. Where approved, herbicides must be applied by a licensed applicator in accordance with the safe application practices on the label. (g) Parks. Development of public park and recreation facilities may be permitted provided that the following standards are followed: No alteration of wetlands or wetland buffers is allowed except for such uses, which are allowed in Table 2. For example, enhancement of wetlands and development of trails may be allowed in wetlands and wetland buffers subject to special use requirements and approval of a Wetland Mitigation Plan. SECTION 7. Special Use Review. Development identified as a Special Use Review in Table 2 may be approved, with conditions, or denied according to the procedures and criteria outlined in this section. Special Use Review is an administrative process unless the underlying permit requires a public hearing. The department is authorized to take action on permits as required by this ordinance. (1) The department may approve a permit after review of the application and a Wetland Mitigation Plan submitted in accordance with this ordinance. The department shall determine whether the use or activity cannot be avoided because no reasonable or practicable alternative exists, the proposed use is consistent with the spirit and intent of this ordinance and it will not cause adverse impacts to the wetland or the wetland buffer which cannot be mitigated. In taking action to approve a Special Use Review, the department may attach reasonable conditions as necessary to minimize impacts, rectify impacts or compensate for impacts to the wetland or wetland buffer. (2) The department shall deny a Special Use Review request when it finds that the proposed use or activity is inconsistent with this ordinance and/or will cause adverse impacts to the wetland or wetland buffer, which cannot be adequately mitigated and/or avoided. (3) Special Use Review determinations are appealable to the planning commission pursuant to Chapter 1, Section 9 of this ordinance (Appeals). Ordinance No. 1784 Page 35 of 75 SECTION 8. Application Requirements. Application Procedures for new development: Any new development containing a regulated wetland or its buffer, or within 204 feet of a regulated wetland or its buffer, shall provide the following special reports, as required by the department, prior to any development authorization by the city. The department may require additional reports or information to further identify potential impacts to any part of the environment: (1) Wetland Report; (2) Wetland Mitigation Plan; and, (3) Erosion and sedimentation control measures and/or a Site Development Activity Permit as required by the city's Stormwater Management ordinance. SECTION 9. Determination of Wetland Boundaries. (1) The determination of the wetland edge or boundary shall be done in accordance with the delineation methodology specified in the Washington State Wetlands Identification and Delineation Manual, acceptable to the city or Washington State Department of Ecology. (2) The applicant shall be responsible for hiring a qualified wetland specialist to determine the wetland boundaries through a field survey. This specialist shall stake or flag the wetland boundary. For all new development, as required by the department, this line shall be surveyed by a professional land surveyor licensed in the state of Washington. The regulated wetland boundary and regulated wetland buffer shall be identified on all grading, landscaping, site, on -site septic system designs (BSAs), utility or other development plans submitted in support of the project. (3) The department may perform a delineation of a wetland boundary on parcels where no more than one single-family dwelling unit is allowed. (4) Where the applicant has provided a delineation of a wetland boundary, the department may verify the wetland boundary at the cost of the applicant and may request that adjustments to the boundary be made by a wetland specialist. SECTION 10. Wetland Mitigation Requirements. (1) Mitigation Sequence: (a) Projects permitted under this ordinance will be reviewed in the following order of preference with regard to regulated wetlands or their buffers: (i) Avoid the impact by not performing a certain action or parts of an action; (ii) Minimize the impact by limiting the degree or magnitude of the action and its implementation; (iii) Mitigate through one of the following methods: (A) Restore the impact by repairing or rehabilitating the affected environment; r Ordinance No. 1784 Page 36 of 75 (B) Reduce or eliminate the adverse impact over time; and/or, (C) Compensate for the impact by replacing, enhancing or providing alternative resources or environments within the same drainage basin that substitute as closely as possible for the affected resources or environments (see subsection 2). (b) Mitigation for individual projects may include any combination of the above measures. (2) Scope of Compensatory Mitigation: In making a determination of the extentto which mitigation shall be required, the department will consider all of the following: (a) The functional characteristics of the wetland and its resource value within the watershed or sub -basin in which the wetland is located. (b) The short and long term adverse impacts of the action upon the wetland and associated ecosystem, and the potential for repair of the impairment or loss. (c) The category, size, and location of the wetland altered, and the effect it may have upon the surrounding system, watershed or wetland; (d) Observed or predicted trends of gains or losses of this category of wetland in the watershed, considering qualitative and/or quantitative information about natural and human processes; and, (e) The likely success of the possible mitigation measures. (3) Mitigation Plan Requirements: Any applicant required to perform compensatory wetland mitigation or contribute to a mitigation bank as a condition of approval for a development project shall submit a Wetlands Mitigation Plan to the department. (See Chapter 7 Special Reports for wetland mitigation requirements.) (4) OnSite Compensatory Mitigation: General Requirements. Compensatory mitigation shall be required for projects in regulated Category I, 11, III or IV Wetlands or buffers when alteration of the wetland or buffer results in a loss to either wetland or buffer. The preferred compensation is on -site, in -kind; the least preferred compensation is off -site, out -of -kind compensation. For exceptions to this requirement see Chapter 2, Section 4. The following requirements apply to compensatory mitigation plans: (a) Any person who alters wetlands, such that they require compensatory mitigation, shall restore or enhance equivalent areas or greater areas of those wetlands in order to compensate for the loss (see Table 3). (b) Where feasible, restored or enhanced wetlands shall be a higher category than the altered wetland. (c) Compensation areas shall be determined according to function, size, type, location, time factors, ability to be self-sustaining and likelihood of mitigation success. Wetland functions shall be determined by a qualified wetland specialist using the best available information and technology. • Ordinance No. 1784 Page 37 of 75 (d) Compensation (mitigation) plans shall be completed and approved by the department prior to wetland alteration. Compensation shall be completed concurrentwith the development activity unless a delay of the compensation project will reduce adverse impacts to the wetlands or improve the likelihood of success. (e) Construction of compensation projects shall be timed to reduce adverse impacts to the wetlands. Grading and related earthwork should normally be limited to the period between May 1 and September 30. Planting of vegetation shall be specifically timed to the needs of these plants. This may require the construction of the compensation area over several seasons. (f) Areas that are used for compensatory mitigation must be protected from development and degradation. The applicant shall provide for long-term preservation of the compensation area through such protective mechanisms as conservation easements, critical area tracts, deed restrictions, or dedication to a local jurisdiction or a private or public land trust. (g) The applicant shall demonstrate sufficient scientific expertise, supervisory and financial ability to fully implement the compensation measures. A performance bond, assignment of savings, or other like security will be required by the department in an amount necessary to provide for future site monitoring and possible corrective action required for compensatory mitigation projects. This bond, assignment of savings, or the security will be released no later than five years after completion of the mitigation project. (h) Site Selection: Compensation sites shall be selected in the following order of preference: (i) Filled, drained, or cleared sites, which were formerly viable wetlands and where appropriate hydrology exists; (ii) Upland sites within 200 feet of wetlands, if the upland is significantly disturbed and does not contain a mature forested or shrub community of native species, and where appropriate natural sources of water exist. (5) Wetland Replacement Ratios: The following ratios, as well as consideration of the factors listed in Chapter 2, Section 10, (2) and subsection (b) below, shall be used to determine the appropriate amounts of on -site created, restored or enhanced wetland that will be required to replace impacted wetlands. The first number specifies the amount of wetland area requiring replacement and the second specifies the amount of wetland area altered. Ordinance No. 1784 Page 38 of 75 Table 3: Wetland Replacement Ratios Enhancement Creation/Restoration Category I: 6:1 3:1 Category II and III: Forested Class: 4:1 2:1 Scrub/Shrub Class: 3:1 1.5:1 Emergent Class: 3:1 1.5:1 Open Water: 1:1 Category IV: 2:1 1:1 Open water may be enhanced by replacing structure that may have been removed in the past (large woody material, rocks, reefs, etc.). (b) The department may increase or decrease the ratios based on one or more of the following: (i) The probable success of the proposed restoration or enhancement; (ii) The period of time between destruction and replication of wetland functions; (iii) Projected losses in functions and value; (iv) Replacement as a result of an illegal action. (6) Off -Site Compensatory Mitigation: (a) The department may allow off -site compensation mitigation if on -site compensation is not scientifically feasible due to natural conditions; or is not practical due to potentially adverse impacts from existing surrounding land uses; or proposed functions at the site of the proposed restoration are greater than the lost wetland functions. (b) Off -site compensation will occur within an area where mitigation success is most likely and where there will be significant improvement to the water resource. (c) Off -site compensation will occur in the same watershed (drainage basin) which is adversely impacted. (d) Off -site mitigation will be accomplished through the purchase of credit in an established mitigation bank and/or other sites approved by the department. (7) Monitoring Requirements: The city shall require monitoring reports on an annual basis for a minimum of three years, or until the department determines that the mitigation Ordinance No. 1784 Page 39 of 75 project has achieved success. The Wetlands Mitigation Plan shall provide specific criteria for monitoring the mitigation project. Criteria shall be project -specific and a scientifically acceptable means to aid the department in evaluating whether or not the project has achieved success (see Chapter 7) for wetland mitigation performance standards). (8) Mitigation Banking: The city encourages the creation of a public or private mitigation banking system when feasible. SIECTION 11. Incentives for Wetlands Protection. The city and Kitsap County recognize that property owners wish to gain economic benefits from their land. The county encourages such mechanisms as the Open Space Tax program, conservation easements and donations to land trusts, in order to provide taxation relief upon compliance with the regulations in this ordinance. CHAPTER THREE: FISH AND WILDLIFE HABITAT CONSERVATION AREAS SECTION 1. Purpose. This section applies to all regulated uses included in this ordinance, or uses within 200 feet of areas designated as Fish and Wildlife Habitat Conservation Areas, as categorized in Chapter 3, Section 2 below. The intent of this section is to: (1) Preserve natural flood control, stormwater storage and drainage or stream flow patterns; (2) Control siltation, protect nutrient reserves and maintain stream flows and stream quality for fish and marine shellfish; (3) Prevent turbidity and pollution of streams and fish or shellfish bearing waters; (4) Preserve and protect habitat adequate to support viable populations of native wildlife in both the city and Kitsap County; and, (5) Encourage non -regulatory methods of habitat retention whenever practical, through education, and the Open Space Tax Program. SECTION 2. Fish and Wildlife Habitat Conservation Area Categories Classification. The following categories shall be used in classifying Fish and Wildlife Habitat Conservation Areas: (1) Streams. All streams which meet the criteria for Type 1, 2, 3, 4 and 5 waters as set forth in WAC 222-16-030 of the DNR Water Rating System (See Chapter 8, Appendix B). (2) Saltwater Shorelines, and Lakes 20 Acres and Greater in Surface Area: Those saltwater shorelines and lakes defined as Shorelines of the State in the Shoreline Management Act of 1971 and the city's Shoreline Master Program, as now or hereafter amended. Shorelines include: Type 1 waters as set forth in WAC 222-16-030, (DNR Water Rating System) as now or hereafter amended; commercial and recreational shellfish areas; kelp and eelgrass beds; and herring and smelt spawning areas. (3) Lakes less than 20 Acres in Surface Area: Those lakes which meet the criteria for Type 2, 3, 4 and 5 waters as set forth in WAC 222-16-030, as now or hereafter amended. This includes lakes and ponds less than twenty (20) acres in surface area and their • Ordinance No. 1784 Page 40 of 75 submerged aquatic beds, and lakes and ponds planted with game fish by a governmental or tribal authority. (4) Wildlife Conservation Areas: (a) Class I Wildlife Conservation Areas: (i) Habitats recognized by Federal or State agencies for Federal and/or State listed endangered, threatened and sensitive species documented in maps or data bases available to Kitsap County and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. (ii) Areas targeted for preservation by the federal, state and/or local governmentwhich provide fish and wildlife habitat benefits, such as important waterfowl areas identified by the U.S. Fish and Wildlife Service. (iii) Areas that contain habitats and species of local importance. (b) Class II Wildlife Conservation Areas: (i) Habitats for state listed candidate and monitored species documented in maps or data bases available to Kitsap County and its citizens, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. (ii) Habitats which include attributes such as comparatively high wildlife density; high wildlife species richness; significant wildlife breeding habitat, seasonal ranges or movement corridors of limited availability and/or high vulnerability. These habitats may include caves, cliffs, islands, meadows, old-growth/mature forest, snag -rich areas, talus slopes, and urban natural open space. SECTION 3. Development Standards. Those regulated uses identified below within designated Fish and Wildlife Habitat Conservation Areas shall comply with the performance standards outlined in this section. (1) Buffers and Building Setbacks: Buffers or setbacks shall be maintained along the perimeter of Fish and Wildlife Habitat Conservation Areas, as listed in Table 4. Distances shall be measured from the ordinary high water mark (OHM) or from the top of the bank where the OHM cannot be identified. Buffers shall be retained in their natural condition. It is acceptable, howeverto enhance the buffer by planting indigenous vegetation, as approved by the department. Alteration of buffer areas may be allowed for water dependent and water related activities subject to (4) below, and for development authorized by Chapter 1, Section 8 (Reasonable Use Exception), Chapter 1, Section 4 (General Exemptions), Chapter 1, Section 6 (Standards for Existing Development) or Chapter 1, Section 7 (Variances). The buffer width shall be increased to include stream side wetlands which provide overflow storage for storm waters, feed water back to the stream during low flows or provide shelter and food for fish. In braided channels, the ordinary high water mark or top of bank shall be defined so as to include the entire stream feature. Refuse shall not be placed in buffers. • Ordinance No. 1784 Page 41 of 75 Table 4: Fish and Wildlife Habitat Conservation Area Development Standards CATEGORY BUFFER WIDTH MINIMUM BUILDING OTHER DEVELOPMENT STANDARD SETBACK STANDARDS Streams Water Type 1 100 feet 15 feet beyond buffer For minor new development the departmentmay reduce the bufferwidth by up to 25% through an administrative buffer 2 100 feet 15 feet beyond buffer reduction process when review with the Washington State Department of Fish and Wildlife determines that conditions are sufficient to protect the affected habitat. 3 100 feet 15 feet beyond buffer The buffer shall not be less than 25 feet. Where applicable, refer to the development 4 50 feet 15 feet beyond buffer standards in Chapter 2 (Wetlands) and 4 (Geologically Hazardous Areas). Where 5 25 feet 15 feet beyond buffer such features occur on a site, the more restrictive buffer or building setback will apply. Saltwater Shorelines, Lakes -- 20 Acres and greater (Defined as Type 1 Waters of the State) Shoreline Designation For minor new development an administrative building setback reduction Urban, Urban Maritime, None 25 feet may be allowed but the setback shall not be less than 25 feet (see Variance Criteria Downtown Upland Chapter 1, section 7). Where applicable, refer to the development Rural None 35 feet standards in Chapter 2 (Wetlands) and 4 (Geologically Hazardous Areas). Where Conservancy None* 50 feet such features occur on a site, the more restrictive buffer or building setback will Natural 1 100 feet 1 15 feet beyond buffer Iapply. * The buffer width for all major new development shall be 100 feet, with a 15 foot minimum building setback. Lakes - Less than 20 Acres (Non -type 1 Waters of the State) Zoning Designation Where applicable, refer to the development standards in Chapter 2 (Wetlands) and 4 Community Facilities None 50 feet (Geologically Hazardous Areas). Where such features occur on a site, the more Commercial Mixed Use None 50 feet restrictive buffer or building setback will apply. Em to ment None 50 feet Greenbelt Residential None 35 feet Wildlife Habitat Conservation Areas Class I Buffer widths and setbacks will be determined through mandatory Habitat Plan. Class II Site specific conditions will determine the need for the preparation of a Habitat Plan for buffer widths and setbacks. (a) Buffer Widths and Setbacks for Shorelines. The building setback or buffer width for new development shall be based on the city's Shoreline Master Program Environment designation. • Ordinance No. 1784 Page 42 of 75 (b) Provision for Decreasing Buffer: For minor new development the department may decrease the buffer in consultation with the Washington State Department of Fish and Wildlife, and after review of a mitigation plan when required, if the city determines that conditions are sufficient to protect the affected habitat. A Habitat Management Plan (Chapter 7, Section 6) may be required. The department may reduce the buffer width by up to 25%, but the buffer shall not be less than 25 feet. Granting of reduced buffer shall be the minimum necessary for the permitted use. The order of sequence for such buffer reductions shall be as follows: (i) use of buffer averaging maintaining 100% of the buffer area under the standard buffer requirement; (ii) reduction of the overall buffer area by no more than 25% of the area required under the standard buffer requirement; (iii) enhancementof existing degraded bufferarea and replanting of the disturbed buffer area; (iv) the use of alternative on -site wastewater systems in order to minimize site clearing; (v) infiltration of stormwater where soils permit; and, (vi) retention of existing native vegetation on other portions of the site in order to off set habitat loss from buffer reduction. (c) Provision for Increasing Buffer: The department may increase the buffer width whenever a development proposal has known locations of endangered or threatened species for which a Habitat Management Plan indicates a larger buffer is necessary to protect habitat values for such species; or when the buffer is located within a landslide or erosion hazard area. (d) Streams in Ravines —Buffers: For streams in ravines with ravine sides 10 feet or greater in height, the minimum buffer width shall be the minimum buffer required for the stream type, or a buffer width which extends 25 feet beyond the top of the slope, whichever is greater. (e) Conditional Buffer Alterations: Water dependent structures and utilities may alter the required buffer when no other reasonable or practicable alternative exists and the development is consistent with the city's Shoreline Master Program. Any alteration of a buffer shall be the least necessary and shall require, except for approved water dependent uses for minor new development, an approved Habitat Management Plan, which adequately protects habitat values. (f) Dedication of Buffers: Buffer areas shall be dedicated as permanent open space tracts, functioning as critical areas buffers or as required by the department. (2) Class_I Wildlife Conservation Areas Development Standards: All development as described within this ordinance or within 200 feet of designated Class I Wildlife Conservation Areas shall adhere to the following standards: • Ordinance No. 1784 Page 43 of 75 (a) All sites with known locations of Class I Wildlife Conservation Areas or sites within 200 feet to known locations of Class I Wildlife Conservation Areas will require, for all development permits, the submittal and approval of a Habitat Management Plan as specified in Chapter 7 (Special Reports) by the department. In the case of bald eagles, an approved Bald Eagle Management Plan by the Washington State Department of Fish and Wildlife, meeting the requirements and guidelines of the bald eagle protection rules (WAC 232-12-292), as now or hereafter amended shall satisfy the requirements for a Habitat Management Plan (HMP). An HMP shall consider measures to retain and protect the wildlife habitat and shall consider effects of land use intensity, buffers, setbacks, impervious surfaces, erosion control and retention of natural vegetation. (b) All new development within ranges and habitat elements with which Class Wildlife have a critical habitat may require the submittal of a Habitat Management Plan (HMP) as specified in Chapter 7 (Special Reports). An HMP shall consider measures to retain and protect the wildlife habitat and shall consider effects of land use intensity, buffers, setbacks, impervious surfaces, erosion control and retention of natural vegetation. The requirementfor an HMP shall be determined during the SEPAICritical Areas review on the project. (3) Class II Wildlife Conservation Area Development Standards: All development within designated Class II Wildlife Conservation Areas shall adhere to the following standards: All major new development within Class II Wildlife Conservation Areas may require the submittal of a Habitat Management Plan (HMP). An HMP shall consider measures to retain and protect the wildlife habitat and shall consider effects of land use intensity, buffers, setbacks, impervious surfaces, erosion control and retention of natural vegetation. The requirement for an HMP shall be determined during the SEPAICritical Areas review on the project. (4) Stream Crossings: Any private or public road expansion or construction which is allowed and must cross streams classified within this ordinance, shall comply with the following minimum development standards: (a) Bridges or bottomless culverts shall be required for all Type 1, 2 and 3 streams, which have Salmonid breeding habitat. Other alternatives may be allowed upon submittal of a Habitat Management Plan which demonstrates that other alternatives would not result in significant impacts to the Fish and Wildlife Conservation Area, as determined appropriate through the Washington State Department of Fish and Wildlife, Hydraulics Project Approval process. The plan must demonstrate that salmon habitat will be replaced on a 1:1 ratio; (b) Crossings shall not occur in Salmonid spawning areas unless no other feasible crossing site exists. For new development proposals, if existing crossings are determined to adversely impact salmon spawning or passage areas, new or upgraded crossings shall be located as determined necessary through coordination with the Washington State Department of Fish and Wildlife; • Ordinance No. 1784 Page 44 of 75 (c) Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high water marks unless no other feasible alternative placement exists; (d) Crossings shall not diminish flood carrying capacity; (e) Crossings shall serve multiple properties whenever possible; (f) Where there is no reasonable alternative to providing conventional culvert, the culvert shall be the minimum length necessary to accommodate the permitted activity. (5) Stream Relocations: Stream relocations for the purpose of flood protection and/or fisheries restoration shall only be permitted when adhering to the following minimum performance standards and when consistent with Washington State Department of Fish and Wildlife Hydraulic Project Approval: (a) The channel, bank and buffer areas should be replanted with native vegetation that replicates a natural, undisturbed riparian condition; and, (b) For those shorelands and waters designated as Frequently Flooded Areas pursuant to Chapter 5, a professional engineer licensed in the state of Washington shall provide information demonstrating that the equivalent base flood storage volume and function will be maintained. (c) Relocated stream channels shall be designed to meet or exceed the functions and values of the stream to be relocated. (6) Pesticides, Fertilizers and Herbicides: No pesticides, herbicides or fertilizers may be used in Fish and Wildlife Conservation Areas or their buffers, except those approved by the EPA and approved under a DOE Water Quality Modification Permit for use in Fish and Wildlife Habitat Conservation Area environments. Where approved, herbicides must be applied by a licensed applicator in accordance with the safe application practices on the label. (7) Land Divisions and Land Use Permits: All proposed divisions of land and land uses (Subdivisions, Short Subdivisions, Short Plats, Long and Large Lot Plats, Planned Residential Developments, Conditional Use Permits, Site Plan Reviews, Binding Site Plans) which include Fish and Wildlife Habitat Conservation Areas shall comply with the following procedures and development standards: (a) The open water area of lakes, streams, and tidal lands shall not be permitted for use in calculating minimum lot area. (b) Land division approvals shall be conditioned so that all required buffers are dedicated as open space tracts, or an easement or covenant encumbering the buffer. Such dedication, easement or covenant shall be recorded together with the land division and represented on the final plat, short plat or binding site plan. (c) In order to avoid the creation of non -conforming lots, each new lot shall contain at least one building site that meets the requirements of this ordinance, including buffer requirements for habitat conservation areas. This site must also have access and a sewage disposal system location that Ordinance No. 1784 Page 45 of 75 are suitable for development and does not adversely impact the Fish and Wildlife Conservation Area. (d) After preliminary approval and prior to final land division approval, the department may require the common boundary between a required buffer and the adjacent lands be identified using permanent signs. In lieu of signs, alternative methods of buffer identification may be approved when such methods are determined by the department to provide adequate protection to the aquatic buffer. (e) In order to implement the goals and policies of this ordinance, to accommodate innovation, creativity, and design flexibility, and to achieve a level of environmental protection that would not be possible by typical lot -by -lot development, the use of the Planned Residential Development process is strongly encouraged for projects within designated Fish and Wildlife Habitat Conservation Areas. (8) Agricultural Restrictions: In all development proposals, which would permit introduction of agriculture to Fish and Wildlife Habitat Conservation Areas, damage to the area shall be avoided by one of the following methods: (a) Implementation of the farm conservation plan agreed upon by the Kitsap Conservation District and the applicant, to protect and enhance the water quality of the aquatic area; and/or, (b) Fencing located not closer than the outer buffer edge. (9) Trails and Trail -Related Facilities: Construction of public and private trails and trail -related facilities, such as benches, interpretive centers, and viewing platforms, may be allowed in Fish and Wildlife Habitat Conservation Areas or their buffers pursuant to the following standards: (a) Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or other such previously disturbed areas; (b) Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat; (c) Viewing platforms, interpretive centers, benches and access to them, shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected conservation area. (d) Trails, in general, shall be set back from streams so that there will be no or minimal impact to the stream from trail use or maintenance. Trails shall be constructed with pervious surfaces when feasible. (10) Utilities: Placement of utilities within designated Fish and Wildlife Habitat Conservation Areas may be allowed pursuant to the following standards: (a) The minor utility development authorized in Chapter 1, Section 4 shall be allowed within designated Fish and Wildlife Habitat Conservation areas, subject to best management practices. • Ordinance No. 1784 Page 46 of 75 (b) Construction of utilities may be permitted in Fish and Wildlife Habitat Conservation Areas or their buffers, only when no practicable or reasonable alternative location is available and the utility corridor meets the requirements for installation, replacement of vegetation and maintenance outlined below, and as required in the fling and approval of Special Reports (Chapter 7) which may be required by this ordinance. (c) Sewer or On -site Sewage Utility: Construction of sewer lines or on -site sewage systems may be permitted in Fish and Wildlife Habitat Conservation Areas or their buffers when the applicant demonstrates it is necessary to meet State and/or local health code requirements; there are no other practicable alternatives available; and construction meets the requirement of this section. Joint use of the sewer utility corridor by other utilities may be allowed. (d) New Utility Corridors shall not be allowed in Fish and Wildlife Habitat Conservation areas with known locations of federal or state listed endangered, threatened or sensitive species, heron rookeries or nesting sites of raptors which are listed as state candidate or state monitor, except in those circumstances where an approved Habitat Management Plan indicates that the utility corridorwill not significantly impact the conservation area; (e) New Utility Corridor Construction: Utility corridor construction and maintenance shall protect the environment of Fish and Wildlife Habitat Conservation Areas and their buffers. (i) New utility corridors shall be aligned when possible to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet) measured on the uphill side; (ii) New utility corridors shall be revegetated with appropriate native vegetation at not less than pre -construction vegetation densities or greater, immediately upon completion of construction or as soon thereafter as possible due to seasonal growing constraints. The utility shall ensure that such vegetation survives; (iii) Any additional corridor access for maintenance shall be provided wherever possible at specific points rather than by parallel roads. If parallel roads are necessary, they shall be of a minimum width but no greater than 15 feet; and shall be contiguous to the location of the utility corridor on the side away from the conservation area. (f) Utility corridor maintenance shall include the following measures to protect the environment of regulated Fish and Wildlife Habitat Conservation Areas. (i) Utility towers should be painted with brush, pad or roller and should not be sandblasted or spray painted, nor should lead base paints be used. (ii) Pesticides, fertilizers and herbicides: No pesticides or fertilizers may be used in Fish and Wildlife Conservation Areas or their buffers, except those herbicides approved by a licensed applicator in accordance with the safe application practices on the label. Ordinance No. 1784 Page 47 of 75 (11) Bank Stabilization: A stream channel and bank, bluff, and shore may be stabilized when naturally occurring earth movement threatens existing structures (defined as requiring a building permit pursuant to the Uniform Building Code), public improvements, unique natural resources, public health, safety or welfare, or the only feasible access to property, and, in the case of streams, when such stabilization results in maintenance of Fish and Wildlife Habitat, flood control and improved water quality. Bluff, bank and shoreline stabilization shall also be subject to the standards of the city's Shoreline Master Program, and any floodplain management plan adopted by the city. Where bank stabilization is determined to be necessary, bioengineering or other non- structural methods should be the first option for protection. Bulkheads and retaining walls may only be utilized as an engineering solution where it can be demonstrated that an existing residential structure cannot be safely maintained without such measures, and that the resulting retaining wall is the minimum length necessary to provide a stable building area for the proposed structure. The department may require that bank stabilization be designed by a professional engineer licensed in the state of Washington with demonstrated expertise in hydraulic actions of shorelines. Bank stabilization projects may also require a Site Development Permit and Hydraulic Project Approval from the Washington Department of Fish and Wildlife. Nonstructural shoreline protective techniques are preferred to bulkheads or other types of shoreline armoring. Nonstructural techniques include but are not limited to: beach nourishment; coarse beach fill; gravel berms; vegetation plantings and bioengineering. (12) Fencing and Signs: Prior to approval or issuance of permits for land divisions and new development, the department may require the common boundary between a required buffer and the adjacent lands be identified using fencing or permanent signs. In lieu of fencing or signs, alternative methods of buffer identification may be approved when such methods are determined by the department to provide adequate protection to the buffer. (13) Forest Practice, Class IV General and Conversion Option Harvest Plans (COHPs). All timber harvesting and associated development activity, such as construction of roads, shall comply with the provisions of this ordinance, and the Stormwater Management ordinance, including the maintenance of buffers, where required. (14) Road/Street Repair & Construction. Any private or public road or street expansion or construction, which is allowed in a Fish and Wildlife Habitat Conservation Area or its buffer shall comply with the following minimum development standards: (a) No other reasonable or practicable alternative exists and the road or street crossing serves multiple properties whenever possible; (b) Expansion or construction of any private or public road, shall only be allowed when adverse impacts cannot be avoided; (c) Public and private roads should provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.; (d) The road or street construction is the minimum necessary, as required by the department, and shall comply with the department guidelines to provide public safety and mitigated stormwater impacts. ` Ordinance No. 1784 Page 48 of 75 (e) Construction time limits shall be determined in consultation with the Washington Department of Fish and Wildlife in order to ensure habitat protection. CHAPTER FOUR: GEOLOGICALLY HAZARDOUS AREAS SECTION 1. Purpose. This chapter applies to all regulated uses included in this ordinance within 200 feet of areas designated as geologically hazardous areas, as categorized in Chapter 4, Section 2 below. The intent of this chapter is to: (1) Provide standards to protect human life and property from potential risks; (2) Control erosion, siltation, and water quality to protect fish and marine shellfish; (3) Provide controls to minimize shoreline erosion caused by human activity; (4) Use innovative site planning by placing geologically hazardous areas and buffers in open space and transferring density to more suitable areas on the site. SECTION 2. Geologically Hazardous Area Categories The following categories shall be used in classifying geologically hazardous areas. (1) Geologically Hazardous Areas: (a) Areas with slopes greater than 30 percent and mapped by the Coastal Zone Atlas or Quaternary Geology and Stratigraphyof Kitsap County as Unstable (U), Unstable Old Land Slides (UOS) or Unstable Recent Slides (URS). (b) Areas with slopes greater than 30 percent in grade and deemed by a qualified geologist or geotechnical engineer to meet the criteria of U, UOS, or URS. (2) Areas of Geologic Concern: (a) Areas designated U, UOS, or URS in the Coastal Zone Atlas or Quaternary Geology and Stratigraphy of Kitsap County, with slopes less than 30- percent; or areas found by a qualified geologist to meet the criteria for U, URS, and UOS with slopes less than 30 percent; or (b) Slopes identified as Intermediate (1) in the Coastal Zone Atlas or Quaternary Geology and Stratigraphy of Kitsap County, or areas found by qualified geologist to meet the criteria of I; or (c) Slopes 15 percent or greater, not classified as I, U, UOS, or URS, with soils classified by the Natural Resources Conservation Service as "highly erodible" or "potentially highly erodible'; or (d) Slopes of 15 percent or greater with springs or groundwater seepage not identified in numbers 1, 2, or 3 above; or Ordinance No. 1784 Page 49 of 75 (e) Seismic Areas subject to liquification from earthquakes (Seismic Hazard Areas) such as hydric soils as identified by the Natural Resources Conservation Service, and areas that have been filled to make a site more suitable. Seismic areas may include former wetlands, which have been covered with fill. (3) Site Specific Determination: Geological and Geotechnical Report Provisions: Should the applicant question the information the city must rely on to determine whether a location contains a geologically hazardous area or area of geologic concern, the city may ask the applicant to submit the appropriate geotechnical or geologic report to confirm or modify the existing information known about the area. The requirements for reports are contained in Special Reports, Chapter 7. The intent of this provision is to allow obviously non -geologically hazardous sites to be determined as such. Where there is any ambiguity about the potential for geologic hazards whatsoever, the departmentwill require a geotechnical or geological report, rather than make a non -geologically hazardous determination. SECTION 3. Development Standards. This chapter applies to all regulated uses in this ordinance or within 200 feet of areas designated as Geologically Hazardous or Areas of Concern. Permit applications include submittals for clearing, grading and building on property containing geologically hazardous areas. Submittal documents prepared by a licensed engineer may also be required by the department, pursuant to the city's Stormwater ordinance. (1) Geologically Hazardous Areas and Areas, of Geologic Concern: (a) Approval: Where applicable the department will approve, approve with conditions or deny the development proposal based on the department's evaluation of specific site conditions. The departmentwill also considerany proposed mitigation measures included in a geotechnical report, if one is submitted. (b) Public Works Requirements: The applicant shall submit a site development permit application to the department. The application and supporting documents shall be completed by a professional engineer licensed in the state of Washington. The submittal documents shall be determined on a site specific basis. The documents may include any combination of, but not be limited to, construction plans, details and specifications for clearing, grading erosion and sedimentation control, and stormwater drainage and detailed hydrological, geotechnical, soils, and drainage reports and analyses. (c) Minimum Buffer Requirement: The buffer for all Geologically Hazardous Areas and Areas of Geologic Concern shall include native vegetation from the toe of the slope to 25 feet beyond the top of the slope unless otherwise allowed through a geological report or a site specific determination (refer to Chapter 4, Section 2 (3)). (d) Build in /im pervious Surface Setback Requirement : (i) Geologically Hazardous_ Areas: The minimum building and impervious surface setback from the top of slope shall be equal to the height of the slope (1:1 horizontal to vertical) plus the greater of 1/3 of the vertical slope height or 25 feet. • • Ordinance No. 1784 Page 50 of 75 (ii) Areas of Geologic Concern: A minimum 40 foot building and impervious surface setback shall be maintained from the top of slope. As required in item 3 above, the 25 feet adjacent to the top of the slope shall be retained as a native vegetation buffer, with an additional minimum 15 foot building and impervious surface setback, The department may decrease the setback when such a setback would result in a greater than 1:1 slope setback or as may be allowed under Chapter 4, Section 2 (3) (Site Specific Determination). (iii) Toe of Slope Building Setback: A geotechnical report may be required for any new construction within 200 feet of a geologically hazardous area. The departmentwill make a determination based on slope height and stability indicators. Where slope hazard indicators are not identified, the requirements of the Uniform Building Code, Section 1806 will apply. (e) Buffer and Building Setback Modifications: Report Recommendations: The minimum native vegetation buffer and/or building setback requirement may be decreased if a geotechnical report demonstrates that a lesser distance, through design and engineering solutions, will adequately protect both the proposed developmentand the erosion hazard and/or landslide hazard area (see Chapter 7, Special Reports for Geological and Geotechnical Report requirements). Should the geotechnical report indicate that a greater buffer and/or building setback is required than specified in Section 3 (1)(c) andlor (1)(d) above, the greater buffer and/or building setback shall be required. The department may determine through a site visit, a special report or mapping, that an increased buffer and/or building setback is required from the critical area. (f) Time Limitations: For major new development, and where required for minor new development, clearing, and grading, shall be limited to the period between May 1 to October 1, unless the applicant provides an erosion and sedimentation control plan prepared by a professional engineer licensed in the state of Washington that specifically and realistically identifies methods of erosion control for wet weather conditions. (g) Field Marking Requirements: For major new development the proposed clearing for the project and all critical area buffers, shall be marked in the field for inspection and approval by the department prior to beginning work. Field marking requirements for minor new developmentwill be determined on a case by case basis by the department. The field marking of all buffers shall remain in place until construction is completed and final approval is granted by the department. Permanent marking may be required as determined necessary to protect critical areas or its buffer. (h) Cut and Fill Slopes: The faces of all cut and fill slopes shall be protected to prevent erosion as required by the engineered erosion and sedimentation control plan. 0) Development Impact_ Standards: All discharge of runoff from the development site shall be of like quality, flow rate, and velocity as that which flowed from the site prior to development. In addition, all stormwater flows Ordinance No. 1784 Page 51 of 75 shall be accepted onto, and shall be discharged from, the development site at the natural or otherwise legally existing locations. The proposed development shall not decrease the slope stability of any area within 200 feet of the property boundary. (j} Development Risk Standard: In cases where a special report indicates a significant risk to public health, safety and welfare, the department shall deny or require revision of the site development proposal. (k) Additional_ Clearing Standards: (i) Only the clearing necessary to install temporary erosion control measures will be allowed prior to the clearing for roads and utilities construction. (ii) Clearing for roads and utilities shall be the minimum necessary and shall remain within marked construction limits. (iii) Clearing for overhead power lines shall be the minimum necessary for construction and will provide the required minimum clearances of the serving utility. (1) Existinq Logging Roads: Where existing logging roads occur in geologically hazardous areas or areas of geologic concern, a geological or geotechnical report may be required prior to use as a temporary haul road or permanent access road under a conversion or COHP Forest Practices Application. (m) Clustering Requirements: The department may require clustering to increase protection to geologically hazardous areas or areas of geologic concern. (n) Vegetation Enhancement: The department may require enhancement of buffer vegetation to increase protection to geologically hazardous areas or areas of geologic concern. (o) Seismic Hazard Area Development Standards- (i) Proposed new development within a seismic hazard area shall be in accordance with the Uniform Building Code (UBC) Earthquake Design Standards for Seismic Risk Zone 3 of Washington State. (ii) Applicants for public and commercial building proposals within seismic hazard areas shall submit a geotechnical report addressing any fill or grading that has occurred on the subject parcel. Any fill placed for such development shall have documented construction monitoring as required by the Uniform Building Code. (iii) All major new development in seismic hazard areas shall require a geotechnical report. Minor new development may also require a geotechnical report, as determined by the department, (iv) The development proposal may be approved, approved with conditions or denied based on the departments' evaluation of the proposed mitigation measures to reduce seismic risk. Ordinance No. 1784 Page 52 of 75 (2) Prohibitions: (a) Critical facilities, as defined in the definition section, are prohibited in geologically hazardous areas. (b) In geologically hazardous areas with slopes greater than 80%, no development will be allowed either on or within the defined buffer area, unless approved by the department after review of a geotechnical report. The defined buffer zone for geologically hazardous areas is defined in Chapter 4, Section 3, (1)(d). (c) On -site sewage disposal should be avoided in geologically hazardous areas and their buffers. In cases where such areas cannot be avoided, review by a geologist or a geotechnical engineer licensed in the state of Washington will be required in coordination with the Bremerton-Kitsap County Health District. CHAPTER FIVE: FREQUENTLY FLOODED AREAS SECTION 1. Purpose. The purpose of this section is to protect the public health, safety and welfare from harm caused by flooding. It is also the intent to prevent damage and/or loss to both public and private property. Pursuant to this purpose, the city uses the its' Flood Damage Prevention ordinance, adopted by reference, which designates special flood hazard areas and establishes permit requirements for these areas. In addition, the Kitsap County GIS database for Critical Drainage Areas of the Stormwater Management ordinance, will be included for areas of review under Frequently Flooded Areas. CHAPTER SIX: CRITICAL AQUIFER RECHARGE AREAS SECTION 1. Purpose. The intent of this section is to provide water quality protection associated with aquifer recharge areas through the regulation of land use activities that pose a potential contaminant threat or could increase the vulnerability of the aquifer. It is the policy of the city to accomplish the following: (1) Identify, preserve and protect aquifer recharge areas and prevent degradation of the quality of potable groundwater; (2) Recognize the relationship between surface and groundwater resources; and, (3) Balance competing needs for water while preserving essential natural functions/processes. SECTION 2. Critical Aquifer Recharge Area Categories. A Critical Aquifer Recharge Area is a geographical area which provides the recharge to an aquifer(s) which is a current or potential potable water source and, due to its geological properties, is highly susceptible to the introduction of pollutants, or because of special circumstances, has been designated as a Critical Aquifer Recharge Area in accordance Ordinance No. 1784 Page 53 of 75 with WAC 365-190-080 by the city. Critical Aquifer Recharge Areas under this ordinance maybe established based on general criteria or specifically designated due to special circumstances. (1) Category I: Critical Aquifer Recharge Areas. (a) The following general criterion is established to designate Critical Aquifer Recharge Areas: Wellhead Protection Zones around Group A Water System supply wells: (i) Areas inside the one year time of travel zone for Group A Water System wells, calculated in accordance with the Washington State Well Head Protection Program. (ii) Five year time of travel zones in Wellhead Protection Areas are included as critical aquifer recharge areas under the following condition: The five year time of travel zone is included when the well draws it water from an aquifer that is at or above sea level and is overlain by permeable soils listed in Chapter 6, Section 2, (2)(a). without an underlying protective impermeable layer (see below). (2) Category II: Aquifer Recharge Areas of Concern. Areas, which provide recharge to aquifers that, provide current or potential potable water supplies and are vulnerable to contamination, and meet any one of the following General Criteria: (a) Highly Permeable Soils:Locations where surface soil layers are highly permeable: Soils that have relatively high permeability high infiltration potential may provide for groundwater recharge, but also may enhance transfer of contaminants from the surface to ground water. For these reasons the locations where surface soils are highly permeable are considered Aquifer Recharge Areas of Concern. The general location and characteristics of soils in Kitsap County and the city is given in the Soil Survey of Kitsap County by the US Department of Agriculture, Natural Resources Conservation Service (SCS). The soil survey information is available on the Kitsap County Geographic Information System (GIS). The following soil types are considered to have relatively high permeability and are Aquifer Recharge Areas of Concern. The following soils have relatively high infiltration: SCS Soil Name SCS Soil Map Units Grove 11, 12, 13 Indianola 18, 19, 20, 21 Neilton 34, 35, 36 Norma 37,38 Poulsbo/Ragnar 41, 42, 43, 44, 45, 46, 47 Ordinance No. 1784 Page 54 of 75 (b) Areas above Shallow Principal Aquifers: Surface areas above shallow, principal aquifer(s) (Chapter 8, Appendix F) which are not separated from the underlying aquifers by an impermeable layer that provides adequate protections to preclude the proposed land use from contaminating the shallow aquifer(s) below, are considered Aquifer Recharge Areas of Concern. This generally includes principal aquifers in subsurface hydro geologic units Og1, Og1a, Og2 and portions of Og3 that are within 300 feet of the ground surface. SECTION 3. Development Standards. Standards for development shall be in accordance with the provisions below and the requirements of the underlying zoning. (1) A hydrogeological reportwill be required on sites that have been identified as having characteristics with high infiltration rates, or having a high aquifer recharge or infiltration potential for land uses identified in Table 5, unless determined unnecessary upon coordination with agencies with jurisdiction (Bremerton-Kitsap County Health District and/or affected water purveyors). This evaluation shall apply to impacts on both groundwater and surface water, as it relates to recharge areas (see requirements in, Chapter 7, Special Reports). (2) Affected water purveyors will be notified and requested to comment during the preliminary phases of the city's review process on the proposed land use and potential impacts. The purveyor may recommend appropriate mitigation to reduce potential impacts. The department will consider these recommendations to develop appropriate permit conditions. (3) This section shall not affect any right to use or appropriate water as allowed under State or Federal law. In addition, these requirements do not apply to those activities, which have potential contaminant sources below threshold amounts as set forth in applicable State RCW's, or local regulations. In addition to the general standards above, the following will apply: (a) Category I: Critical Aquifer Recharge Areas. Land uses identified in Table 5 are prohibited in Critical Aquifer Recharge Areas. Requests for waivers shall include a hydrogeological report, which includes a detailed risk -benefit analysis that considers credible, worst case scenarios. The waiver will be evaluated and treated as a Special Use Review, similar to the process in the Wetlands Section, by the review department, the Health District, and the affected water purveyors. (b) Category Il: Aquifer Recharge Areas of Concern. Applicants proposing operations that pose a potential threat to groundwater as defined in Table 5 in Aquifer Recharge Areas of Concern may be required to submit a hydrogeological report. The scope of the report shall be based on site specific conditions. The need for additional information will be determined by the department, the Health District and the affected water purveyor. Based on the results of the report, controls, mitigation, and/or other requirements will be established as a prerequisite for the development proposal being approved. • • Ordinance No. 1784 Page 55 of 75 (c) The department will also notify the Health District and affected water purveyors through the environmental review process, when those development activities listed in Table 5 are proposed outside the areas designated Critical Aquifer Recharge Areas and Aquifer Recharge Areas of Concern. i Table 5: Operations With Potential Threat to Groundwater A. Above & Below ground storage tanks 1. Hazardous and i nd u strial waste treatment 2. Hazardous and industrial waste storage 3. Hazardous material storage B. Animal feedlots C. Commercial operations *1. Gas stations/service stations/truck terminals 2. Petroleum distributors/storage *3. Auto body repairs shops/rust E. F. proofers 4. Auto chemical supply storeys/retailers *5. Truck, automobile, and combustion engine repair shops *6. Dry cleaners *7. Photo processors *8. Auto washes *9. Laundromats *10. Beauty Salons 11. Research or chemical testing laboratories which handle significant quantities of hazardous materials 12. Food processors/meat packers/slaughter houses 13. Airport-maintenance/fuelingoperation areas 14. Junk and salvage yards 15. Storing or processing manure, -feed, or other agriculture by products by commercially permitted businesses *16. Large scale storage or use of pesticides, insecticides, herbicides, or fertilizer by commercial or agricultural operations. Deep injection wells 1. Wastewater disposal wells 2. Oil and gas activity disposal wells 3. Mineral extraction disposal wells De-icing salts storage piles Industrial operations *1. Furniture strippers/painterstfinishers 2. Concrete/asphalt/tar/coalcompanies 3. Industrial manufacturers: chemicals, pesticides/herbicides, paper, leather products, textiles, 16 Ordinance No. 1784 Page 56 of 75 rubber, plastic/fiberglass, siliconelglass, pharmaceuticals, electrical equipment 4. Metal platers/heat treaters/smelters/ annealers/descalers 5. Wood preserves 6. Chemical reclamation facilities *7. Boat refinishers G. Land application 1. Waste -water application (spray irrigation) 2. Waste -water byproduct (sludge) application 3. Petroleum refining waste application 4. Hazardous waste applications H. Landfills 1. Industrial hazardous and non- hazardous landfill 2. Municipal sanitary landfill I. Material transfer operations 1. Hazardous and industrial waste transfers 2. Hazardous material transfers J. Materials stockpiles K. Mining and mine drainage L. On -site Septic Systems (LOSS category) of greater than 14,500 G.P.D. capacity without pre-treatment M. P*tines 1. Hazardous and industrial waste transfer 2. Hazardous material transfer N. Radioactive disposal sites O. Sand and gravel mining operations *P. Marina *If not on a sewer system with a treatment plant. Ordinance No. 1784 Page 57 of 75 CHAPTER SEVEN: SPECIAL REPORTS SECTION 1. Purpose. The following Special Reports may be required to provide environmental information and to present proposed strategies for maintaining, protecting and/or mitigating critical areas: (1) Wetland Report/Wetiand Mitigation Plan (2) Habitat Management Plan (3) Geotechnical ReporUGeological Report (4) Hydrogeological Report SECTION 2. When Required. Special reports shall be submitted by the applicant and approved by the departmentfor regulated uses when required by this ordinance for the protection of a critical area. Refer to specific critical area protection standards when special reports are required. SECTION 3. Special Reports -Responsibility for Completion. The applicant shall pay for or reimburse the city for the costs incurred in the preparation of special reports or tests and for the costs incurred by the city to engage technical consultants or staff for review and interpretation of data and findings submitted by or on behalf of the applicant. The applicant shall pay permit fees or technical assistance fees as required by the city zoning ordinance, as now or hereafter amended. In such circumstances where a conflict in the findings of a special report and the findings of the city in review of the special report exists, the applicant or affected party may appeal such decisions of the city pursuant to the procedures in Chapter 1, Section 9 (Appeals) of this ordinance. SECTION 4. Qualifications of Professionals. Any special report as described below prepared by a professional (as described in Chapter 1 of this ordinance), shall include his or her resume, or other list of qualifications, to aid the department in assessing these qualifications. SECTION S. Wetland Report/Wetland Mitigation Plan (1) Wetland Delineation Report. A wetland report shall include, but not necessarily be limited to, the following: (a) Vicinity map; (b) When available, a copy of a National Wetland Inventory Map (U.S. Fish and Wildlife Service) and/or a Wetland Inventory Map, as approved by the city, identifying the wetlands on or within 200 feet of the site; (c) A site map setting forth all of the following: {i) Surveyed wetland boundaries based upon delineation by a wetland specialist; (ii) Site boundary property lines and roads; (iii) Internal property lines, right-of-way, easements, etc.; • Ordinance No. 1784 Page 58 of 75 (iv) Existing physical features of the site including buildings, fences, and other structures, roads, parking lots, utilities, water bodies, etc.; (v) Contours at the smallest readily available intervals, preferably at 2-foot intervals; (vi) Hydrologic mapping showing patterns of surface water movement and known subsurface water movement into, through, and out of the site area. (vii) Location of all test holes and vegetation sample sites, numbered to correspond with flagging in the field and field data sheets. (viii) The department may require an air photo with overlays displaying the site boundaries and wetland delineation. (d) A report which includes the following: 0) Location information (legal description, parcel number and address); (ii) Delineation report. The wetland boundaries on the site established by the delineation shall be staked and flagged in the field. If the wetland extends outside the site, the delineation report shall discuss all wetland areas within 150 feet of the site, but need only delineate those wetland boundaries within the site; (iii) General site conditions including topography, acreage, and surface areas of all wetlands identified in the Kitsap County Wetland Atlas and water bodies within one quarter mile of the subject wetland(s); (iv) Hydrological analysis, including topography, of existing surface and known significant sub -surface flows into and out of the subject wetland(s); (v) Analysis of functional values of existing wetlands, including vegetative, fauna, and hydrologic conditions; (e) A summary of proposed activity and potential impacts to the wetland(s); (f) Recommended wetland category, including rationale for the recommendation; (g) Recommended buffer boundaries, including rationale for boundary locations; (h) Site plan of proposed activity, including location of all parcels, tracts, easements, roads, structures, and other modifications to the existing site. The location of all wetlands and buffers shall be identified on the site plan. (2) Administrative Wetland Boundary and Ranking Evaluation:, (a) An informal determination of the regulated wetland boundary and an evaluation of any unranked regulated wetland may be completed by the department for any minor new development project listed in Chapter 2 (Wetlands) of this ordinance, unless the applicant wishes to employ a • Ordinance No. 1784 Page 59 of 75 qualified wetland biologist at the applicant's expense, or if such a report is required by department. Fees may be collected for this determination and evaluation. (b) Methodology for delineation of the regulated wetland boundary shall be the Plant Community Assessment procedure, which is described in the Washington State Wetlands Identification and Delineation Manual, March 1997, or as amended hereafter. (c) The wetland boundary shall be field staked and this line shall be depicted on the Building Site Plan Application. (d) The regulated wetland identified on all grading submitted on the project (3) Wetland Mitigation Report: boundary and regulated wetland buffer shall be , building site, utility or other development plans (a) Wheneverthe department has determined that losses of regulated wetlands are necessary and unavoidable, or a review of a regulated wetland or its buffer is proposed, or an exception to uses is allowed or a variance to standards is granted, a mitigation plan shall be prepared which is considered in the following order of preference: (i) Avoiding the impact altogether by not taking a certain action or parts of actions. This may be accomplished by selecting a reasonable alternative that does not involve wetlands or wetland impacts; applying reasonable mitigation measures, such as drainage and erosion control, alternative site planning, and/or using best available technology. In reviewing development proposals required to submit a wetlands mitigation plan, the department shall first determine if the impact can be avoided (e.g., impacts cannot be avoided if denial of the development proposal or parts thereof or mitigation measures would result in an extraordinary hardship and denial of reasonable use of property). (ii) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. This may be accomplished by selecting a reasonable alternative that avoids most wetland impacts, applying reasonable mitigation measures, such as drainage and erosion control, alternative site planning, and/or using best available technology. In reviewing development proposals required to submit a wetland mitigation plan, the department shall determine if the impact can be first avoided and secondly minimized. Impacts cannot be avoided or minimized if denial of the development proposal or parts thereof or mitigation measures would result in an extraordinary hardship and denial of reasonable use of property. (iii) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. This may be done by re-establishingwetland and wetland buffer characteristics on a site which have been lost by alterations or activities. Rectifying shall be accomplished in Ordinance No. 1784 Page 60 of 75 accordance with the requirements in the subsection (d) below and has been approved by the department. In reviewing development proposals required to submit a wetland mitigation plan, the department shall determine if the impact should be rectified. Impacts can be rectified if mitigation measures would not result in an extraordinary hardship and denial of reasonable use of the property. (iv) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments. This may be done by intentionally creating wetlands and wetland buffers at another location where none currently exist, improving existing wetlands and wetland buffers at another location, or otherwise providing a substitute wetland resource at another location as compensation for any unavoidable adverse wetland impacts. Compensating shall be accomplished in accordancewith a mitigation plan, which has been prepared in accordance with the requirements in the subsection (d) below and has been approved by the department. In reviewing development proposals required to submit a wetland mitigation plan, the department shall determine if the impact should be compensated. Impacts can be compensated if compensation and mitigation measures would not result in an extraordinary hardship and denial of reasonable use of property. Compensation of wetland impacts may be waived by the department for development authorized by Chapter 1, Section 8 (Reasonable Use Exception). (b) The overall goal of any mitigation plan shall be no net loss of regulated wetland functions and acreage. (c) Those persons proposing wetland compensatory projects shall show that the compensation project is associated with an activity or development otherwise permitted and that the restored, created, or enhanced wetland will be as persistent as the wetland it replaces by accomplishing the following: 0) Demonstrate sufficient scientific expertise, supervisory capability, and financial resources to carry out the project; and, (ii) Demonstrate the capability for monitoring the site and for making corrections during this period, if the project fails to meet projected goals; and, (iii) Protect and manage or provide for the protection and management of the compensation area to avoid further development or degradation. (d) Wetland mitigation plans shall be implemented by the project applicant, and include the following components: (i) Baseline Information, A written assessment and accompanying maps of the impacted wetland shall be produced by the applicant or applicant's consultant and shall include, at a minimum. Existing wetland acreage; vegetative, faunal and hydrologic characteristics; soil and substrate conditions; and topographic elevations. Ordinance No. 1784 Page 61 of 75 (ii) If the compensation site is off - site from the impacted wetland site, baseline information about it, in addition to the above information about the impacted wetland, shall be provided by the applicant and shall include all those items listed in (d) (i) above and as well as: The relationshipof the compensation site within the watershed and to existing water bodies; existing and proposed existing compensation site conditions; buffers; and ownership. (iii) Environmental Goals and Objectives. The report shall identify goals and objectives and include: (A) The purposes of the compensation measures including a description of site selection criteria, identification of compensation goals, identification of target evaluation species and resource functions, dates for beginning and completion of compensation measures, and a complete description of the structure and functional relationships sought in the new wetland. The goals and objectives shall be related to the functions of the original wetland or, if out -of -kind, the type of wetland to be emulated; and, (B) A review of the available literature and/or experience to date in restoring or creating the type of wetland proposed shall be provided. An analysis of the likelihood of success of the compensation project at duplicating the original wetland shall be provided based on the experiences of comparable projects, if any. An analysis of the likelihood of persistence of the created or restored wetland shall be provided based on such factors as: Surface and groundwater supply and flow patterns; dynamics of the wetland ecosystem; sediment or pollutant influx and/or erosion; periodic flooding and drought; etc., presence of invasive flora or fauna; potential human or animal disturbance; and previous comparable projects, if any. (iv) Performance Standards. Specific criteria shall be provided for evaluating whether or not the goals and objectives of the mitigation plan are being achieved at various stages in the project and for beginning remedial action or contingency measures. Such criteria may include water quality standards, survival rates of planted vegetation, species abundance and diversity targets, habitat diversity indices, or other ecological, geological or hydrological criteria. (v) Detailed Construction Plans. Written specifications and descriptions of compensation techniques shall be provided including the proposed construction sequence, grading and excavation details, erosion, sediment and stormwater recharge control features needed for wetland construction and long-term survival, a planting plan specifying plant species, quantities, locations, size, spacing, and density; the source of plant materials, propagules, or seeds; water and nutrient requirements for planting; where appropriate, measures to protect plants from predation; specification of substrate stockpiling techniques and planting instructions; descriptions of Ordinance No. 1784 Page 62 of 75 water control structures and water -level maintenance practices needed to achieve the necessary hydrocycle/hydroperiod characteristics; etc. These written specifications shall be accompanied by detailed site diagrams, scaled cross -sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. The plan shall provide for elevations which are appropriate for the desired habitat type(s) and which provide sufficienttidal prism and circulation data. (vi) Monitorinq Program. A program outlining the approach for monitoring construction of the compensation project and for assessing a completed project shall be provided. Monitoring must include sufficient information to adequately assess the progress of a project. Monitoring may include, but is not limited to: (A) Establishing vegetation plots to track changes in plant species composition and density over time; (B) Using photo stations to evaluate vegetation community response; (C) Sampling surface and subsurface waters to determine pollutant loading and changes from the natural variabilityof background conditions (pH., nutrients, heavy metals); (D) Measuring base flow rates and storm water runoff to model and evaluate water quantity predictions by a licensed engineer in the state of Washington, where required; (E) Measuring sedimentation rates, if applicable; and, (F) Sampling fish and wildlife populations to determine habitat utilization, species abundance and diversity. A protocol shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the compensation project. A monitoring report shall be submitted annually, and at a minimum, documenting milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period of less than three years. (vii) Contingency Plan. identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluating, indicates project performance standards are not being met. (viii) Permit Conditions. Any compensation project prepared pursuant to this section and approved by the department shall become part of the application for the permit. (e) Performance Bonds and Demonstration of Competence. A demonstration of financial resources, administrative, supervisory, and technical Ordinance No. 1784 Page 63 of 75 competence and scientific expertise of sufficient standing to successfully execute the compensation project shall be provided. A compensation project manager shall be named, and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. In addition, bonds ensuring fulfillment of the compensation project, monitoring program, and any contingency measure shall be posted in the amount of one hundred fifty (150) percent of the expected cost of compensation and shall be effective for a period of no less than three years and no greater than ten years after completion of the mitigation plan. (f) Waiver. The department may waive portions of this report if, in his or her opinion, there is adequate information available on the site to determine its impacts and appropriate measures. (g) List of Qualified Consultants. The department shall establish a list of qualified consultants to prepare mitigation plans. SECTION 6. Habitat Management Plan. (1) This report shall identify how the development impacts from the proposed project will be mitigated. The Washington Department of Fish and Wildlife Priority Habitat and Species Management Recommendations, dated May 1991, or bald eagle protection rules outlined in WAC 232-12-292, as now or hereafter amended, may serve as guidance for this report. The recommendation in the Washington Department of Fish and Wildlife, Priority Habitat and Species Management Recommendations, dated May 1991, shall not serve as mandatory standards or policy of this ordinance, until such time as the Department of Fish and Wildlife holds public hearings on the recommendations and the State Wildlife Commission endorses the recommendations following the public hearings. (2) The Habitat Management Plan shall contain a map prepared at an easily readable scale, showing: (a) The location of the proposed development site; (b) The relationship of the site to surrounding topographic, water features, and cultural features; (c) Proposed building locations and arrangements; (d) A legend which includes a complete legal description, acreage of the parcel, scale, north arrows, and date of map revision. (3) The Habitat Management Plan shall also contain a report, which describes: (a) The nature and intensity of the proposed development; (b) An analysis of the effect of the proposed development, activity or land use change upon the wildlife species and habitat identified for protection; and, Ordinance No. 1784 Page 64 of 75 (c) A plan, which identifies how the applicant proposes to mitigate any adverse impacts to wildlife habitats created by the proposed development. (See Mitigation Plan requirements, this chapter) (4) Possible mitigation measures to be included in the report, or required by the department, could include, but are not limited to: (a) Establishment of buffer zones; (b) Preservation of critically important plants and trees; (c) Limitation of access to habitat areas; (d) Seasonal restriction of construction activities; and, (e) Establishing phased development requirements and/or a timetable for periodic review of the plan. (5) This plan shall be prepared by a person who has been educated in this field and has professional experience as a fish or wildlife biologist. Where this plan is required for the protection of an eagle habitat, the eagle habitat management plan shall normally be prepared by the Department of Wildlife, as required under the Bald Eagle Management Rules. SECTION 7. Geotechnical Report and Geological Report. (1) A geotechnical report shall include a description of the site geology, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, opinions and recommendations of the adequacy of the site to be developed, the effects of groundwater interception and infiltration, seepage, potential slip planes, and changes in soil bearing strength, and the impacts of the proposed development and appropriate mitigating measures. A geotechnical report may contain information obtained with subsurface investigative measures such as test pit digging, soil boring, water well installation or Dutch Cone Penetrometer investigations. Reports containing engineering design recommendations; i.e., recommendations for foundations (loading, sizing, depth, or settlement estimates), pile or pier design, retaining structures, or recommendations for construction on slopes steeper than 30%, must be prepared by or in conjunction with a licensed geotechnical engineer as defined below. A geological report shall include the above, with the exception of engineering design recommendations, and need not make use of subsurface investigative measures. As the report will not include engineering recommendations, a geological report may be prepared by a geologist or engineering geologist as defined below. (2) Geotechnical reports shall be prepared by a geotechnical engineer (a civil engineer licensed by the state of Washington who is knowledgeable of regional geologic conditions and who has at least four years professional experience in landslide and/or seismic hazard evaluation). Geological reports may be prepared by a geologist, engineering geologist or geotechnical engineer knowledgeable in regional geologic conditions and having at least four years professional experience in site evaluation and development studies, and landslide and/or seismic hazard evaluation. (3) Report recommendations for siting structures in high risk areas shall be based on existing site conditions rather than measures that have not yet been successfully approved, Ordinance No. 1784 Page 65 of 75 designed or constructed (e.g., slope recontouring, slope retaining walls, vegetation improvements, bulkheads, etc.). Shoreline bulkheads and retaining walls may only be utilized as an engineering solution where it can be demonstrated that an existing residential structure cannot be safely maintained without such measures, and that the resulting retaining wall is the minimum necessary to provide a stable building area for the structure. SECTION 8. Hydrogeological Report. A hydrogeologicai report shall be required for certain proposed operations based on a consultation with the appropriate local and state agencies. The report shall address the impact the proposed land use will have on both the quality and quantity of the water transmitted to the aquifer. The report shall also address the types of pesticides and herbicides and fertilizers that can safely be used for the care of landscaping proposed by the applicant. (1) The report shall be submitted to the reviewing authority and address, at a minimum, the following criteria: (a) Surficial soil type and geologic setting; (b) Location and identification of wells within 1000 feet of the site; (c) Location and identification of surface water bodies and springs within 1000 feet of the site with recharge potential; (d) Description of underlying aquifers and aquitards, including water level, gradients and flow direction; (e) Available surface water and groundwater quality data; (f) Effects of the proposed development on water quality; (g) Sampling schedules required to assure water quality; (h) Discussion of the effects of the proposed development on the groundwater resource; (i) Recommendations on appropriate BMP's (Best Management Practices) or mitigation to assure no significant degradation of groundwater quality; and, (j) Other information as required by the Bremerton-Kitsap County Health District. (2) The hydrogeologic report shall be prepared by a professional geologist/hydrologist or by a soil scientist with a strong background in geology as demonstrated by course work from an accredited college or university and/or has a minimum of five years experience. (3) Applications for development or operations with underground storage of petroleum products will be processed using the appropriate procedure as specified in existing State regulations and city ordinances. Ordinance No. 1784 Page 66 of 75 (4) Analysis for a specific parcel(s), using the criteria outlined below, will be employed to determine if the soils present require a Recharge Area Designation. Data collection will include, at a minimum: Six soil logs to a depth of 10 feet (or to a depth 4 feet below the lowest proposed excavation point which ever is greater) for each acre in the parcel(s) being evaluated. At least one well which is 200 feet or greater in depth with an adequate drilling report must be available within one mile. The associated data shall be analyzed and included in the hydro geologic report to determine the presence of highly permeable soils with the Recharge Area Designation. For development proposals within Aquifer Recharge Areas of Concern, the hydrogeological report may be based on quarter -quarter section basis locations where the number of wells within a half mile radius is 36 or more, and are designated Aquifer Recharge Areas. To facilitate computer analysis, the evaluation may be done on a quarter -quarter section basis using the quarter -quarter section in which a parcel of interest is located and all the surrounding quarter -quarter sections, in place of the half -mile circle. SECTION 9. Validity. The invalidity or unconstitutionality of any provision or section of this ordinance shall not render any other provision or section of this ordinance invalid or unconstitutional. PASSED by the city council of the city of Port Orchard, signed by the Mayor and attested by the Clerk in authentication of such passage this 13' day of December 1999. ATTEST: Patricia Parks, City Clerk -• 97UM1101 •" LESLIE J EATHERILL, MAYOR SPONSORED BY: Councilman van Zee • CHAPTER 8: APPENDICES • Ordinance No. 1784 Page 67 of 75 The purpose of the Appendices is to provide supporting documentation to assist in the implementation of the ordinance. Appendix A: Washington State Wetlands Rating System Categories. Appendix B: Washington State DNR Stream Rating System. Appendix C: Kitsap County's GIS Database of Critical Areas Information. Appendix D: Site Development Figures. Appendix E: Port Orchard Critical Area and Buffer Notice. Appendix F: Kitsap County Shallow Principal Aquifer Listing. • Ordinance No. 1784 Page 68 of 75 APPENDix A: WASHINGTON STATE WETLANDS RATING SYSTEM CATEGORIES This system utilizes a four -tier process. The following text includes an additional categorization system for wetlands. (1) Category I Wetlands: (a) Habitat for endangered or threatened fish or animal species or for potentially eradicated plant species recognized by state or federal agencies; (b) High quality native or regionally rare wetland communities with irreplaceable ecological functions including, but not limited to, sphagnum bogs and fens, estuarine wetlands, mature forested wetlands, or wetlands which qualify for inclusion in the Natural Heritage Information System; or (c) Wetlands of exceptional local significance. The criteria for determining exceptional local significance shall include, but not be limited to the following factors: rarity; high aquifer recharge function; a significant habitat or unique educational site, including but not limited to unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or consideration of other specific functional values. (2) Category it Wetlands: These wetlands satisfy no Category I criteria and are: (a) Wetlands with significant habitat value of 22 or more points from the State. Rating System; or (b) Habitats for sensitive plant, fish or animal species recognized by federal or state agencies; or (c) Rare wetland communities listed in subsection (1)(b) (under Category 1) which are not high quality; or (d) Wetland types with significant functions, which cannot be adequately replicated through creation or restoration. These are demonstrated by the following characteristics: (i) Significant peat systems; (ii) Forested wetlands that have three canopy layers, excluding single species stands of red alder averaging eight inches in diameter at breast height or less; or (iii) Significant spring fed systems; or (e) Wetlands with significant habitat value based on diversity and size; or (f) . Wetlands five acres or greater in size, and containing open water at any time during a normal year, and two or more subclasses of vegetation in a dispersed pattern; or (g) Wetlands contiguous with Salmonid fish -bearing water, including streams where flow is intermittent; or Ordinance No. 1784 Page 69 of 75 (h) Wetlands with significant use by fish and wildlife. (3) Category III Wetlands: Wetlands that do not contain features outlined in Category I or II, but have one or more of the following features: (a) Wetlands with a habitat value of 21 points or less from the State Rating System; (b) Wetlands that are contiguous with a stream, river, pond, lake or marine water; or (c) isolated wetlands larger than one acre; or (d) Wetlands (isolated or contiguous) that provide a critical aquifer recharge function; or (e) Wetlands more than .5 acre that have less than 80% cover of hardhack, soft rush or alder at least 20 years of age; or (f) Wetlands more than .5 acre that have less than 80% cover of non-native species, including, but not limited to, reed canary grass and common pasture grasses. (4) Category IV Wetlands., Wetlands which do not meet the criteria of a Category 1, 11 or III wetland; and, (a) Isolated wetlands that are less than or equal to one acre in size, are hydrologically isolated, have only one wetland class, and have only one dominant plant species (>80% area cover of monotypic vegetation); or (b) Isolated wetlands that are less than or equal to two acres in size, are hydrologically isolated, have only one wetland class and a predominance of exotic species (>90% area cover.) (5) Additional Categorization Standards: Portions of a Category I or 11 Wetland may be classified as a Category II or III Wetland based upon its functional characteristics if it meets the following criteria: (a) The portion of the wetland subject to Category III distinction meets the minimum threshold of 2,500sq. ft. required for regulatory purposes; (b) The portion of the wetland subject to Category it or Ill distinction and meets the technical criteria required for a Category II or III Wetland, as determined in the Wetland Rating System; (c) The portion of the wetland rated lower in category that functions as a buffer for the portion of the wetland rated higher in category; (d) The portion of the wetland rated lower in category which has a width of at least twice the required buffer width of that portion of the wetland immediately within 200 feet to it that is rated higher in category. Ordinance No. 1784 Page 70 of 75 APPENDIX B: WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES STREAM RATING SYSTEM Washington State Department of Natural Resources Stream Rating System A. "Type 1 Streams" are those surfaces waters which meet the criteria of the Washington Department of Natural Resources, WAC 222-I6-30 (1) as amended, as a Type 1 Water and are inventoried as "Shorelines of the State' under the Shnrelin_e_Mast_er Pmgmm for Kitaarn Ce� arty (1977), pursuant to RCW Chapter 90.58. Type 1 waters contain salmonid fish habitat. B. "Type 2 Streams" are those surface waters which meet the criteria of the Washington Department of Natural Resources, WAC 222-6-030 (2) as amended, as a type 2 Water. Type 2 streams contain habitat for salmonid fish, game fish and other and anadromus fish. C. "'Type 3 Streams" are these surface waters which meet the criteria of the Washington Department of Natural Resources, WAC 222-6-030 (3) as amended, as a type 3 Water. Type 3 streams contain habitat for salmonid fish, game fish, and other and anadromus fish D. "Type 4 Streams" are those surface waters which meet the criteria of the Washington Department of Natural Resources, WAC 222-6-030 (4) as amended, as a type 4 Water. Type 4 waters do not contain salmonid fish habitat. E. "Type 5 Streams" are those surfaces which meet the criteria of the Washington Department of Natural Resources, WAC 222-6-030 (5) as amended, as a type 5. These streams are areas of perennial or intermittent seepage, ponds, and drainage ways having short periods of spring or stonn runoff. Type 5 waters do not contain salmonid fish • Ordinance No. 1784 Page 71 of 75 APPENDIX C: KITSAPCOUNTY'S GIS DATABASE OF CRITICAL AREAS INFORMATION KITSAP COUNTY'S GIS DATABASE OF CRITICAL AREAS INFORMATION CRITICAL AREA* DATA SOURCE Wetlands National Wetlands Inventory U.S. Fish and Wildlife Service Hydric soils, Soil Survey of Kitsap County Area, Washington U.S. Dept of Agriculture, Soil Conservation Service Aquifers Critical Aqifer Recharge Areas Kitsap PUD #1 Agifier Recharge Areas of Concern Kilsap PUD #1 Prinicipal Aquifiers Kitsap PUD #1 Permeable Soils, Soil Survey of Kitsap county Area, Washington U.S. Dept of Agriculture, Soil Conservation Service Fish & Wildlife Habitat Conservation Areas National Wetlands inventory U.S. Fish and Wildlife Service Non -Game & Priority Habitat and Species Database State Dept. Of Fish & Wildlife State Dept. Of Fish & Wildlife Commerical and Recreational Shellfish Area Inventory State Dept. Of Health State Dept. Of Natural Resources Waters of the Slate Costal Zone Atlas of Washington, Vol. Ten State Dept. Of Ecology Frequently Flooded Areas Flood Insurance Rate Map Federal Emergency Management Agency Geologically Hazardous Areas Costal Zone Atlas of Washington, Vol. Ten State Dept. Of Ecology Jerald Deeter, 1979 Quaternary Geology and Stratigraphy of Kitsap County U.S. Dept of Agriculture. Soil Conservation Service Soil Survey of Kitsap County Area Washington Appendix D Percent Slope Calculation e is calculated by dividing the vertical distance ie horizontal distance. then multiplying the It by )00. F-tomple: crtical Distance of 20 fact = 2 x 100 = W% slope izontal Distance of 100 feat The 1.i-Joot minimum vegetated buffer and building setback for slopes over M. Building setbacks are determined by the slope height or informafion from a geotechnical report. C ad/I fWirabve AffAIr Ordinance No. 1784 i Page 72 of 75 v LO CIO r• tiw r O O M Z ~ W 0) G (0 C� Q C 0 1! tt) W rr W z W 2 a 0 W W W _H V) X a Z W a a Q I Protecting Critical Areas in PwIdentiQl Sites KM --SAP Ra 5W ol r =FE >3oy, -41, . qlm% SCALF- 1r'a 50 9* Characteristics -Gelb e Lkwlop mwt The site drawing above shows the location and types ofcritical areas and the required buffers. Ott rlppJicutiars O l , illI -, Ile el /I X� ,i/ i w I rtrRrF,2 4 _i ,rr �+l�l►N D �� ���ISi11x► I.ir+tl� � ,� 4 ��� � �o P�.Mf►�N 1 �a�l SCA�.�.lil� 50l vice Plan A%owin9 live%pment You must identify specific items_ on your site plan development proposal: . Location of known critical areas . Location of the proposed building Distance ofproposed building from critical areas Required vegetated buffer widths on critical areas (Make a nose on the plan which reads, "Natural vegetation buffer, existing natural vegetation to remain.') North arrow and plan scale Ordinance No. 1784 Page 74 of 75 APPENDix E: CITYOF PORT ORCHARD CRITICAL AREA AND BUFFER NOTICE Return Address: CITY OF PORT ORCHARD CRITICAL AREA AND BUFFER NOTICE Legal DescriptionSec: TWN: RGE: Present Owner (Please Print): Tax Account #: NOTICE: The subject property contains a critical area and/or its required buffer as defined by the City of Port Orchard 'as Critical Area Ordinance. The property was the subject of a development proposal for filed on (type of permit) (application) Restrictions on use or alteration of the critical area and/or it buffer may exist due to natural conditions of the property and resulting regulations. Review of such application has provided information on the location of the critical area and/or its buffer and restrictions on their use through setback areas. A copy of the plan showing such setback areas is included in the above -referenced permit file. Any alterations to the critical area and/or its buffer sill be subject to further review for compliance with the City of Port Orchard Critical Areas Ordinance. EXECUTED this _ day of _ STATE OF WASMNGTON ) COUNTY OF KITSAP ) On this day personally appeared before me , to me known to be the individua(s) described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposed therein mentioned. GIVEN under my hand and official seal the _ day of NOTARY PUBLIC in and for the State of Washington, RESIDING AT Notary Seal 0 & .-- -1 Ordinance No. 1784 Page 75 of 75 APPENDIX F: KITSAP COUNTY SHALLOW PRINCIPAL AQUIFER LISTING l KITSAP COUNTY SHALLOW PRINCIPAL AQUIFER LISTING The following is a list of shallow principal aquifers that have been designated by an overlay as "Aquifer Recharge Areas of Concern" wo Hansville +250 Gorst + 50 North Lake (McCormick Woods) +350 Port Gamble +100 Da Island Lake (upper) +150 Port Gamble South - 50 Wilson Creek +150 Banger (upper) +I00 CIam Bay 0 Edgewater +130 Island Lake +150 Kinston (upper) - 25 Poulsbo +225 Manette-Bremerton North 0 Seabeck +100 Squanush-Miller Bay 0 Yukon 0 TABLE OF CONTENTS CHAPTER ONE: INTRODUCTORY AND APPROVAL PROCEDURES...................................................1 SECTION1. POLICY GOALS................................................................................................................. 1 SECTION 2. APPLICABILITY.................................................................................................................. 2 SECTION 3. RELATIONSHIP TO OTHER CITY REGULATIONS.......................................................... 3 SECTION 4. GENERAL EXEMPTIONS ................................................ SECTION 5. REVIEW AUTHORITY........................................................................................................ 4 SECTION 6. STANDARDS FOR EXISTING DEVELOPMENT............................................................... 5 SECTION 7. VARIANCES.................................................................................. SECTION 8. REASONABLE USE EXCEPTION..................................................................... ... 7 SECTION9. APPEALS............................................................................................................................ 7 SECTION 10. CRITICAL AREA AND BUFFER NOTICE TO TITLE......................................................... 8 SECTION 11. APPLICATION REQUIREMENTS, GENERAL................................................................... 9 SECTION 12. INVENTORY PROVISIONS .............................. :........................................................ ...... 10 SECTION13. ENFORCEMENT.............................................................................................................. 10 SECTION 14. DEFINITIONS................................................................................................................... 11 CHAPTER TWO: WETLANDS................................................................................................................. 24 SECTION1. PURPOSE........................................................................................................................ 24 SECTION 2. WETLAND CATEGORIES................................................................................................ 24 SECTION 3. REGULATED AND NON -REGULATED WETLANDS CLASSIFICATION ....................... 25 SECTION 4. DEVELOPMENT STANDARDS....................................................................................... 25 SECTION 5. REGULATED USES AND ACTIVITIES............................................................................ 28 SECTION 6. ADDITIONAL DEVELOPMENT STANDARDS FOR REGULATED USES ...................... 31 SECTION 7. SPECIAL USE REVIEW................................................................................................... 34 SECTION 8. APPLICATION REQUIREMENTS.................................................................................... 35 SECTION 9. DETERMINATION OF WETLAND BOUNDARIES........................................................... 35 SECTION 10. WETLAND MITIGATION REQUIREMENTS.................................................................... 35 SECTION 11. INCENTIVES FOR WETLANDS PROTECTION.... ............. ............................................ 39 CHAPTER THREE: FISH AND WILDLIFE HABITAT CONSERVATION AREAS .................................. 39 SECTION1. PURPOSE................................................................................................... 39 SECTION 2. FISH AND WILDLIFE HABITAT CONSERVATION AREA CATEGORIES ...................... 39 SECTION 3. DEVELOPMENT STANDARDS....................................................................................... 40 CHAPTER FOUR: GEOLOGICALLY HAZARDOUS AREAS................................................................. 49 SECTION1. PURPOSE ........................ ................................................................................................ 49 SECTION 2. GEOLOGICALLY HAZARDOUS AREA CATEGORIES ................................................... 49 SECTION 3. DEVELOPMENT STANDARDS....................................................................................... 50 CHAPTER FIVE: FREQUENTLY FLOODED AREAS.............................................................................. 53 SECTION1. PURPOSE........................................................................................................................ 53 CHAPTER SIX: CRITICAL AQUIFER RECHARGE AREAS................................................................... 53 SECTION1. PURPOSE........................................................................................................................ 53 SECTION 2. CRITICAL AQUIFER RECHARGE AREA CATEGORIES ................................................ 54 SECTION 3. DEVELOPMENT STANDARDS....................................................................................... 55 CHAPTER SEVEN: SPECIAL REPORTS................................................................................................58 SECTION1. PURPOSE........................................................................................................................ 58 SECTION2. WHEN REQUIRED........................................................................................................... 58 SECTION 3. SPECIAL REPORTS........................................................................................................ 58 SECTION 4. QUALIFICATIONS OF PROFESSIONALS...................................................................... 58 SECTION 5. WETLAND REPORTIWETLAND MITIGATION PLAN ..................................................... 58 SECTION 6. HABITAT MANAGEMENT PLAN..................................................................................... 64 SECTION 7. GEOTECHNICAL REPORT AND GEOLOGICAL REPORT ............................................ 65 SECTION 8. HYDROGEOLOGICAL REPORT..................................................................................... 66 SECTION9. VALIDITY.. ........................................................................................................................ 67 CHAPTER EIGHT: APPENDICES............................................................................................................ 68 APPENDIX A: WASHINGTON STATE WETLANDS RATING SYSTEM CATEGORIES ......................... 69 APPENDIX B: WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES STREAM RATING SYSTEM................................................................................................................................................. 71 APPENDIX C: KITSAP COUNTY'S GIS DATABASE OF CRITICAL AREAS INFORMATION ................ 72 APPENDIX D: SITE DEVELOPMENT FIGURES.................................................................................... 73 APPEND]X E: CITY OF PORT ORCHARD CRITICAL AREA AND BUFFER NOTICE ........................... 76 APPENDIX F: KITSAP COUNTY SHALLOW PRINCIPAL AQUIFER LISTING ....................................... 77