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HomeMy WebLinkAbout4422 ORDINANCE NO. ~/~/~ ~ AN ORDINANCE ADOPTING THE REGULATIONS PERTAINING TO THE PROTECTION AND PRESERVATION OF CRITICAL LANDS AS DEFINED BY AND PURSUANT TO THE WASHINGTON STATE GROWTH MANAGEMENT ACT. WHEREAS, the citizens of the State of Washington through the Washington State Legislature have determined that the loss of critical and resource lands in fast growing counties is not acceptable and that an immediate, defined control to inappropriate loss of aquifer recharge, fish and wildlife habitat areas, streams and wetlands and protection from geologically hazardous and flood prone areas must be implemented immediately; AND, WHEREAS, the State mandated through the Growth Management Act that local governments adopt development regulations protecting critical and resource lands; AND, WHEREAS, the Bremerton Planning Commission has developed an ordinance with the intent of meeting the requirements of the Growth Management Act: AND WHEREAS, in compliance with the State Environmental Policy Act, the environmental impacts of the ordinance were considered and an environmental threshold Determination of Nonsignificance was issued by the Responsible Official on August 13, 1992; AND, WHEREAS, The Bremerton Planning Commission conducted public hearings on August 18, 1992, September 15, 1992, October 20, 1992, November 3, 1992 to accept public testimony and develop a recommendation to the City Council; AND, WHEREAS, The Bremerton Planning Commission recommends to the City Council ADOPTION of the Critical Lands Ordinance; now therefore THE CITY OF BREMERTON DOES ORDAIN: SECTION 1: That the document attached hereto as Exhibit "A" and entitled Bremerton Critical Lands Ordinance" is incorporated herein and hereby adopted as Chapter 21.22 of Title 21 of the Bremerton Municipal Code. APPROVED on first reading this · 0 day o , 1993. PASSED on second reading by the Bremerton City Council, this / ~ day of , , . EILEE~ FITZ, Pr~si~[ent APPROVED this \~ day of //--~/// , 199~. L~OIS MEN~O'~, Mayor ATTEST: KATHLEEN L.~~Mc USKY BREMERTON CRITICAL' LANDs ORDINANCE TABLE OF CONTENTS CHAPTER PAGE I. Purpose ...................... 1 Intent Scope and Applicability Abrogation and Greater Restrictions II. Definitions .................... 4 III. Administrative Procedures ............. 10 T~, ~A_~ Density Credits 12 ~. Aquifer Recharge Areas ............... 14 V~. Fish and Wildlife Habitat Conservation Areas .... 15 VI~. Flood Hazard Areas ................. 17 VII~. Geologically Hazardous Areas ....... · ..... 18 ~i~IX.Wetlands and Stream Corridors 24 ~iX. Environmentally Sensitive Designation 47 X~. Administration ................... 48 Non-Conforming Uses/Structures Appeals Enforcement Severability Powers ~-1 ~ER [ ~ 1.010 PURPOSE: 4 The purpose of this chapter is to protect the public health, 5 safety, and welfare by establishing provisions to classify, 6 protect, and preserve Bremerton's critical areas; by providing 7 standards to manage development in association with these areas; 8 and by designating some of these areas as environmentally sensitive 9 in accordance with the State Environmental Policy Act (SEPA). 10 11 1.020 INTE]~T: 12 Critical areas include critical aquifer recharge areas, fish and 13 wildlife habitat conservation areas, flood hazard areas, 14 geologically hazardous areas, stream corridors, wetlands, and any 15 buffer zones. These critical areas serve many important ecological 16 functions. Many of the critical areas in Bremerton have been lost 17 or degraded through past development. Bremerton, as an urban 18 growth area, is experiencing increasing growth and its land 19 resource is diminishing. This increasing growth and diminishing 20 land resource is creating pressure for the development of critical 21 areas. New construction technology is also creating pressure on 22 these sites by making development feasible on sites where it was 23 formerly impractical to build. 24 Because of the ecological benefits of critical areas, their 25 past destruction, and the increasing pressure to develop them, the 26 intent of this chapter is to ensure that the City's remaining 7 critical areas are preserved and protected and that development in 3 or adjacent to these areas is managed. This chapter contains 29 classification criteria and preservation standards for each type of 30 critical area. The classification criteria identify physical 31 characteristics by which critical areas are designated. The 32 preservation standards are provisions designed to protect critical 33 areas from degradation caused by improper development. These 34 criteria and standards will secure the public health, safety and 35 welfare by: 36 37 1. Reducing risk of damage due to erosion, flooding, and land 38 slides; 39 2. Reducing the risks to the public from personal injury, loss 40 of life, or property damage; 41 3. Maintaining surface water quality and protecting groundwater 42 areas which help recharge (purify or resupply) rivers, 43 streams, and aquifers; 44 4. Maintaining and protecting priority fish and wildlife 45 habitats; 46 5. Providing open space and aesthetic value; 47 6. Providing migratory pathways for fish and birds; 48 7. Providing unique urban wilds that serve as natural Bremerton Critical Lands Ordinance Page I . 1 laboratories for schools and the general public; 8. Avoiding public expenditures to correct damaged or degraded 3 critical ecosystems; 4 9. Alerting appraisers, assessors, owners, potential buyers, or 5 lessees to the potential presence of a critical ecosystem and 6 possible development limitations; and 7 10. Providing City officials with information, direction, and 8 authority to protect ecosystems when evaluating development 9 proposals. 10 11 12 1.030 BCOPE i%NDAPPLICABILIT~: 13 A. General: This chapter applies to any activity which would 14 destroy the natural vegetation; result in a significant change 15 in critical habitat, water temperature, physical, or chemical 16 characteristics; or alter natural contours and/or 17 substantially alter existing patterns of tidal, sediment, or 18 storm water flow on any land which meets the classification 19 standards for any critical area defined herein. Such 20 activities include excavation, grading, filling, the removal 21 of vegetation, and the construction, exterior alteration, or 22 enlargement of any building or structure. In addition, this 23 chapter applies to all public or private actions, permits, and 24 approvals in or adjacent to a critical area and its buffer, 25 including but not limited to the following: 26 1. Building, demolition, grading, filling, special, storm "7 water and sanitar~ sewer permits, and local improvement 3 districts; 29 2. Subdivisions and short plats; 30 3. Reclassifications, site plan approvals, shoreline 31 substantial development permits, and special and 32 conditional use permits; and 33 4. Temporary use permits, variances, exceptions, and 34 waivers. 35 B. Exempted Activities: Maintenance and repair of legally 36 existing roads, structures or facilities. All work must be 37 conducted using best management practices. The Director may 38 place conditions on any such one-time exemption. The 39 maintenance and repair of legally existing roads, structures 40 or facilities may occur without application to and approval 41 by the Director. 42 C. Where one site is classified as containing two or more 43 critical areas, the project shall meet the minimum standards 44 and requirements for each identified critical area as set 45 forth in this chapter. 46 D. Critical areas may be located through the use of information 47 from the United States Department of Agriculture Soil 48 Conservation Service, the United States Geological Survey, the Bremerton Critical Lands Ordinance Page ~1 Washington Department of Ecology, the Coastal Zone Atlas, the National Wetlands Inventory maps, Bremerton topography maps, 3 the Kitsap County Generalized Wetland and Critical Areas 4 Inventory maps, and Kitsap County AssessOr's maps. The Kitsap 5 County Generalized Wetland and Critical Areas Inventory maps 6 and other above-listed sources are only guidelines available 7 for reference. The actual location of critical areas must be 8 determined on a site-by-site basis according to the 9 classification criteria found in this ordinance. 10 11 1.040 ABROC=ATIONAND ~REATER RESTI~CTXON~: 12 Where this chapter imposes greater restrictions than existing 13 regulations, easements, covenants or deed restrictions, provisions 14 of this chapter shall prevail. It is not intended that this 15 chapter repeal, abrogate, or impair any existing regulations, 16 easements, covenants, or deed restrictions. Bremerton Critical Lands Ordinance Page CHAPTER II DEFINITIONS CONTENTS PAGE PAGE 5 Aquifer 10 Native vegetation Aquifer critical Ordinary high water mark recharging areas Parties of record Best management practices Priority habitats Buffer zone Priority species Class, wetland 11 Restoration 6 Emergent wetland Riparian habitat Forested wetland Seismic hazard areas Scrub-shrub wetland Sensitive species Clearing Streams Compensation Stream corridor Creation Subclass, wetland Critical areas include the following ecosystems 12 Threatened species Director Toe of slope Ecosystem Top of slope Endangered species Unavoidable impacts Water-dependent activity 7 Enhancement Wetlands Erosion Erosion hazard areas 13 Wetlands specialist Exotic Fill Fish & wildlife habitat conservation areas Flood Hazard areas Flood water storage 8 Function Geologic hazards specialist Geologically hazardous areas Grading Habitat High intensity land uses Hydric Soil 9 Hydroperiod Hydrophyte In-kind replacement Land modification Landslide Landslide hazard areas Low-intensity land use Mitigation Monitoring 1 t-~l II ~ 4 1.050 DE~II~I~IO~: 5 Words and phrases used in this chapter shall be interpreted as 6 defined below. Where ambiguity exists, words or phrases shall be 7 interpreted so as to give this chapter its most reasonable 8 application in carrying out its regulatory purpose. 9 1. Aquifer: A saturated geologic formation which will yield a 10 sufficient quantity of water to serve as a private or public 11 water supply. 12 2. Aquifer critical recharging areas: Areas of permeable 13 deposits exposed at the surface which transmit precipitation 14 and surface water to an aquifer which is used for potable 15 water. 16 3. Best management practices: The utilization of methods, 17 techniques or products which have been demonstrated to be the 18 most effective and reliable in minimizing impacts. 19 4. Buffer zone: An area required by this chapter surrounding a 20 natural, restored or newly created critical area. The buffer 21 zone also serves as a buffer between the critical area and its 22 associative upland areas and as an integral part of the 23 habitat ecosystem. 24 5. Class, wetland: One of the wetland classes in the United 25 States Fish and Wildlife Service publication, Classification 26 of Wetlands and Deepwater Habitats of the United States 27 (December 1979). A class describes the general appearance of ~ the habitat in terms of either the dominant vegetation life z9 form or the physical geography and composition of the 30 substrate. The following are examples of classes: 31 a. Emergent wetland: A wetland with at least 30 percent of 32 its surface covered by erect, rooted, herbaceous vegetation 33 at the uppermost vegetative strata. 34 b. Forested wetland: A wetland with at least 20 percent of 35 the surface area covered by woody vegetation greater than 20 36 feet in height. 37 c. Scrub-shrub wetland: A wetland with at least 30 percent 38 of its surface area covered with woody vegetation less than 39 20 feet in height. 40 6. Clearing:. The destruction or removal of logs, scrub-shrubs, 41 stumps, trees or any vegetative material by burning, chemical, 42 mechanical or other means. 43 7. Compensation: Replacement by creation, enhancement or 44 restoration of a wetland equivalent in function and value to 45 the one being impacted or lost due to development. 46 Compensation may also include the use of monetary 47 contributions to a mitigation fund. 48 8. Creation: Bringing a wetland or stream corridor into Bremerton Critical Lands Ordinance Page 4 1 existence at a site in which a wetland or stream corridor did ~ not formerly exist. 3 9. Critical areas include the following ecosystems: areas with 4 a critical recharging effect on aquifers used for drinking 5 water, fish and wildlife habitat conservation areas, 6 frequently flooded areas, geologically hazardous areas, 7 .wetlands, and streams. 8 10. Director: Director of Community Development or his/her 9 designee. 10 11. Ecosystem: The system of interrelationships within and 11 between a biological community and its physical 12 environment. 13 12. Endangered species: A regional plant or animal species which 14 is in danger of extinction throughout all or a significant 15 portion of its range. Such animal species are designated by 16 the Washington Department of Wildlife pursuant to WAC 232-12 17 or United States Fish and Wildlife Service. 18 13. Enhancement: A process undertaken to rehabilitate or improve 19 an existing degraded wetland or stream by increasing or 20 decreasing plant diversity and increasing water quality, 21 wildlife habitat or erosion controls. 22 14. Erosion: Wearing away of earth's surface as a result of 23 movement of wind, water, ice, or any means. 24 15. Erosion hazard areas: Areas which contain soils classified 25 by the United States Department of Agriculture Soil 26 Conservation Service that may experience severe to very severe ~7 erosion hazards. 8 16. Exotic: A species of plants or animals that is foreign to the 29 area in question. 30 17. Fill: Dumping or placing, by any means, any material on any 31 soil or sediment surface, including temporary stockpiling of 32 material. 33 18. Fish and wildlife habitat conservation areas: Areas 34 identified as being of critical importance to the maintenance 35 of fish and wildlife species. 36 19. Flood hazard areas: Lands in a floodplain. These include 37 areas adjacent to lakes, streams, oceans or other bodies of 38 water lying outside the ordinary bank of the water body and 39 which are periodically inundated by flood flow with a one 40 percent or greater expectancy of flooding in any given year. 41 20. Flood water storaqe: The ability to hold and slow down flood 42 waters. Construction in a floodway reduces the flood water 43 storage capacity and the removal of vegetation from a floodway 44 reduces the floodway's ability to slow down flood waters. 45 21. Function: The beneficial role critical areas serve, including 46 but not limited to fish and wildlife habitat, storage and 47 conveyance of water, floodwater and storm water retention, and 48 provision of erosion, landslide and sediment controls. Bremerton Critical Lands Ordinance Page 5 1 22. Geologic hazards specialist: A professional geologist or ~ engineering geologist with a degree in the geologic sciences 3 from an accredited college or university with a minimum of 4 four years' experience in geologic practice involving geologic 5 hazards. A qualified geOtechnical engineer, licensed as a 6 civil engineer with the State of Washington, with a minimum 7 of four years' experience in landslide evaluation, may also 8 qualify as a geologic hazards specialist. 9 23. Geologically hazardous areas: Areas that are susceptible to 10 erosion, sliding, severe risk of earthquake damage, or other 11 geological events. 12 24. Grading: Excavating, filling, leveling, or artificially 13 modifying surface contours. 14 25. Habitat: The specific area or environment in which a 15 particular type of animal lives. 16 26. Hiqh intensity land uses: Uses associated with high levels 17 of human or structural activity. These uses include 18 residential buildings and structures, active recreational 19 areas and facilities, and commercial or industrial uses and 20 structures. 21 27. Hydric Soil: Soil that is saturated, flooded, or ponded long 22 enough during the growing season to develop anaerobic 23 conditions in the uppermost level. 24 28. Hydroperiod: The seasonal occurrence of flooding and/or soil 25 saturation which encompasses the depth, frequency, duration, 26 and seasonal pattern of inundation. ~7 29. Hydrophyte: An aquatic plant growing in water or on a 3 substrate (hydric soil) that is at least periodically 29 deficient in oxygen such that the soil is too wet for most 30 plants to survive. Examples of these plants are cattails, 31 sedges, and bulrushes. 32 30. In-kind replacement: Replacement of a wetland with one of 33 equivalent characteristics and quality at a ratio equal to or 34 greater than the existing ecosystem. 35 31. Land modification: A human-induced action which affects the 36 stability of an erosion hazard area, landslide hazard area, 37 or steep or moderate slope. Land modification includes 38 clearing, grading, and other soil disturbances. It does not 39 include pruning of vegetation, provided such pruning is not 40 so extensive as to disturb the soil stability. 41 32. Landslide: An episodic down slope movement of a mass of soil 42 and/or rock. 43 33. Landslide hazard areas: Areas that are subject to severe 44 landslide risk because of a combination of geologic, 45 topographic, and hydrologic factors. 46 34. Low-intensity land use: Uses associated with low levels of 47 human or structural activity. Low intensity land uses include 48 passive recreation, open space and small gardens. Bremerton Critical Lands Ordinance Page 1 35. Mitigation: A negotiated action involving the avoidance, ~ minimization or compensation for possible adverse impacts. 3 36. Monitoring: The process of collecting and evaluating data to 4 assess the biological, hydrological or geological performance 5 of newly created, restored, enhanced and/or affected wetlands 6 or streams. 7 37. Native vegetation: Vegetation comprised of plant species 8 which are indigenous to the area in question. 9 38. Ordinary high water mark: A mark that has been found where 10 the presence and action of waters are common, usual, and 11 maintained in an ordinary year long enough to create a 12 distinction in character between water body and the abutting 13 upland. 14 39. Parties of record: Individuals, entities and groups who have 15 commented on a proposal in writing or in person or who have 16 asked to be included on a mailing list for a specific 17 proposal. 18 40. Priority habitats: Seasonal range or habitat element with 19 which a given species is primarily associated and which, if 20 altered, may reduce survival potential of that species over 21 the long term. Priority habitats are designated by the 22 Washington Department of Wildlife, Priority Habitat and 23 Species Program, and may include habitat areas of high 24 relative density or species richness, breeding habitat or 25 habitats used as winter range or movement'corridors. Habitats 26 of limited availability or with high vulnerability to ~7 alteration, such as cliffs, talus, and wetlands, may also be 3 included. Z9 41. Priority species: Species which' are of concern because of 30 their population status and sensitivity to habitat alteration. 31 Priority species are designated by the Washington Department 32 of Wildlife, Priority Habitat and Species Program, and may 33 include endangered, threatened, sensitive, candidate, 34 monitored, or game species. 35 42. Restoration: Improving, enhancing, and reestablishing a once 36 viable and now degraded wetland or stream to a state in which 37 its stability, functions, and values approach its unaltered 38 state. 39 43. Riparian habitat: Wetland habitat bordering a stream which 40 is occasionally flooded and periodically supports 41 predominantly hydrophytes. 42 44. Seismic hazard areas: Areas subject to severe risk of 43 earthquake damage as a result of seismic induced settlement, 44 sliding or soil liquefaction. 45 45. Slope: A slope is delineated by establishing its toe 46 and top and measured by averaging the inclination over 47 at least 10 feet of vertical relief. 48 46. Sensitive species: A regional Plant or animal species that Bremerton Critical Lands Ordinance Page ? 1 is vulnerable or declining and is likely to become endangered · or threatened in a significant portion of its range without 3 cooperative management or the removal of threats. Such animal 4 species are~ designated by the Washington Department of 5 Wildlife pursuant to WAC 232-12 or United States Fish and 6 Wildlife Service. 7 47. Streams: Lands and waters contained within a channel which 8 support hydrophytes and where the substrate is predominantly 9 undrained hydric soils, nonsoil and/or is saturated with water 10 or covered by water each growing season. 11 48. Stream corridor: Perennial, intermittent or ephemeral waters 12 included within a channel of land and its adjacent riparian 13 zones which serves as a buffer between the aquatic and 14 terrestrial upland ecosystems. 15 49. Subclass, wetland: One of the wetland subclasses in the 16 United States Fish and Wildlife Service publication, 17 ClaSsification of Wetlands and Deepwater Habitats of the 18 United States (December 1979). A subclass is based on finer 19 distinctions in life forms and/or substrate materials. 20 Examples of subclasses of vegetation include needle-leafed 21 evergreen, broad-leafed.evergreen, needle -leafed deciduous 22 and broad-leafed deciduous. 23 50. Threatened species: A regional plant or animal species which 24 is likely to become endangered in the foreseeable future 25 throughout all or a significant portion of its range. Such 26 animal species are designated by the Washington Department of -~7 Wildlife pursuant to WAC 232-12 or United States Fish and ~ Wildlife Service. ~9 $1. ?oe of slope: A distinct topographic break in slope at the 30 lowermost limit of an area where the ground surface drops ten 31 feet or more vertically within a horizontal distance of 25 32 feet. 33 52. ?op of slope: A distinct topographic break in slope at the 34 uppermost limit of an area where the ground surface drops ten 35 feet or more vertically within a horizontal distance of 25 36 feet. 37 53. Unavoidable impacts: Impacts to a wetland or stream or 38 associated buffers that will remain after project completion, 39 when it has been demonstrated that no practicable alternatives 40 exist, that extraordinary, hardship exists or that the project 41 is in the public interest. 42 54. Water-dependent activity: Activity or use that requires the 43 use of surface water to fulfill the basic purpose of the 44 proposed project. 45 55. Wetlands: Areas that are inundated or saturated by surface 46 water or groundwater at a frequency and duration sufficient 47 to support, and that under normal circumstances do support, 48 a prevalence of vegetation typically adapted for life in Bremerton Critical Lands Ordinance Page 1 saturated soil conditions. Wetlands generally include small ~ lakes, ponds, streams, swamps, marshes, bogs, and similar 3 areas. Wetlands do not include those artificial wetlands 4 intentionally created from non-wetland sites, including but 5 not limited to irrigation and drainage ditches, grass-lined 6 swales, canals, detention facilities, farm ponds, and 7 landscape amenities if routinely maintained for those 8 purposes. However, wetlands do include those artificial 9 wetlands intentionally created to mitigate ~conversion of 10 wetlands. 11 56. Wetlands specialist: A person who has earned a degree in one 12 of the biological sciences from an accredited college or 13 university with specific course work concerning the function 14 and value of wetlands, such as hydrology, soil classification, 15 and plant identification, with a minimum of four years' 16 experience in such fields. A qualified consultant or 17 professional person who has had equivalent education and 18 training, or with equivalent experience, may also qualify as 19 a wetlands specialist for the purpose of performing wetland 20 delineations, analysis of functions and values and 21 determination of possible mitigation. The person should be 22 familiar with the "Federal Manual for Identifying and 23 Delineating Jurisdictional Wetlands" (1989). 24 25 Bremerton Critical Lands Ordinance Page 9 3 1.060 ~DI~TN~ STR~TIVE PROCEDURES: 4 A. General: The administrative procedures contained in Chapter 5 X, Zoning, of the Official Code of the City of Bremerton shall 6 apply unless modified by this chapter. 7 B. Pre-application Consultations: Any person intending to 8 construct, grade or conduct any activity subject to this 9 chapter in a critical area is encouraged, but not required, 10 to meet with the staff of the Building and Land Use Services 11 Division, Public Works Department, during the earliest 12 possible stages of project planning in order to discuss impact 13 avoidance and minimization and compensation before large 14 commitments have been made to a particular project design. 15 Effort put into preapplication consultations and planning will 16 help applicants create projects which will be more quickly and 17 easily processed. 18 C. Conditions: The Director may attach any conditions deemed 19 necessary to minimize or avoid impacts to any critical area. 20 D. Suspension/Revocation of Approval: The Director may suspend 21 or revoke an approval, if it is found that the applicant has 22 not complied with the conditions or. limitations set forth in 23 the approval or that the applicant has exceeded the scope of 24 the work set forth in the approved proposal. The applicant 25 may also be subject to enforcement. The Director shall cause 26 notice of revocation or suspension of an approval to be mailed --~7 by certified mail to the property owner and by first class 8 mail to the parties of record. 29 30 In the event of a suspension or revocation, the applicant Will 31 be required to submit a revised plan or provide a new 32 application, plans, and additional fees for the approval 33 process. The Director may require repair or mitigation to any 34 critical areas or buffers disturbed or destroyed. 35 E. Notice on Title: The owner of any property upon which 36 approval under Ordinance No. 4172, City of Bremerton Zoning 37 Ordinance, or Title 17, Buildings and Construction, of the 38 Official Code of the City of Bremerton is sought, with a 39 critical area or critical area buffer verified on site throUgh 40 an assessment, delineation or permit application, shall record 41 a notice of presence of the critical area and/or buffer with 42 the Kitsap County Auditor. Such recording shall contain 43 notice of the critical area and/or buffer and the 44 applicability of this chapter to said property. Such 45 notification shall be in a form a~ ~peclfled by %he Department 46 of Community Development. The notice shall be notarized and 47 the applicant must submit proof that the notice has been 48 legally recorded before the final approval for development is Bremerton Critical Lands Ordinance Page 10 issued. The notice shall run with the land and failure to record such notice shall be in violation of this chapter. Bremerton Critical Lands Ordinance Page 11 3 1.07~ '.,'..T....,~,,,','--.' ...~.~,-,-mv .m~,.~T,,,~,: 4 A. ~cr r~si~cntial~.~.~.,,~..~~ .... ~ ..... ~ ~~ ~..~- lands c~ntaining 5 or ca .... b.f f~ ~, ........... z .................. ' be 12 density -"~ ~-~-~-~ prcvis~-- 13 ~ ................ t~ bc transfarrc~ ~7 ~ . T .... of Dcnsity -- ~ - 35 1-10% 100% 36 11-20% n% 37 21-30% 80% 38 31-40% 70% 39 41-50% 60% 41 ~1-70% 40% 42 71-80% 3O% 43 81-90% 20% 44 91-99% 10% 47 ~ ....~ ~ ~ ..... ¢ "'~-"~ ity credit -- ~- ~ .... ~---~- Bremerton Critical Lands Ordinance Page 12 ...... ~ ....... prspcsal site. 6 Bremerton Critical Lands ordinance Page 13 3 1.080 &~U~FERRECHa~GEAREAS: 4 A. Classification: Classification of recharge areas as critical 5 areas shall be based upon the recharge potential and 6 vulnerability of the aquifer to degradation and contamination. 7 High recharge potential and aquifer vulnerability is 8 indicative of lands with high infiltration potential of the 9 soil, precipitation rates, and therefore more susceptible to 10 contaminants related to land-use activity. These areas are 11 classified and designated in the Kitsap County Ground Water 12 Management Plan, Volume I, Exhibit II-14. 13 B. Standards: Standards for development in aquifer recharge 14 areas shall be those adopted in the Kitsap County Ground 15 Water Management Plan except for those areas designated in the 16 Bremerton Area Comprehensive Plan for High Density 17 Residential, Commercial, Central Business District, and 18 Industrial Land-uses. 19 20 Bremerton Critical Lands Ordinance Page 14 ' ~o090 F~SH~NDW~LDLIFEHAB~T~T CONSERV~T~ON~RF,~. 3 A. Classification: Fish and wildlife habitat conservation areas 4 are areas identified by the Washington Department of Wildlife 5 as being of critical importance to the maintenance of fish and 6 wildlife species. These areas may include other critical 7 areas such as geologically hazardous areas, stream corridors, 8 wetlands, and these critical areas' associative buffers. 9 1. Potential fish and wildlife habitat conservation areas: 10 Fish and wildlife habitat areas may include: 11 a. Lands containing priority habitats and species. 12 b. . All public and private tidelands or bedlands 13 suitable for shellfish harvest, including any 14 shellfish protection districts established 15 pursuant to RCW Chapter 90.72. The Washington 16 Department of Health's classification system 17 shall be used to classify commercial shellfish 18 areas. 19 c. Kelp and eelgrass beds and herring and smelt 20 spawning areas. Kelp and eelgrass beds may be 21 classified and identified by the Washington 22 Department Of Natural Resources Aquatic Lands 23 Program and the Washington Department of 24 Ecology. Locations are compiled in the Puget 25 Sound Environmental Atlas, Volumes 1 and 2. 26 Herring and smelt spawning times and locations ~7 are outlined in WAC 220-110, Hydraulic Code 3 Rules and the Puget ~Sound Environmental Atlas. 29 d. Natural ponds under 20 acres and their 30 submerged aquatic beds that provide critical 31 fish or wildlife habitat. 32 e. Waters of the state, which are defined in WAC 33 Title 222, Forest Practices Rules and 34 Regulations. Waters of the state must be 35 classified using the system in WAC 222-16-030. 36 In classifying waters of the state as fish and 37 wildlife habitat conservation areas the 38 following may be considered: 39 (1) Species present which are endangered, 40 threatened, sensitive or prioritY; 41 (2) Species present which are sensitive to habitat 42 manipulation; 43 (3) Historic presence of priority species; 44 (4) Existing surrounding land uses that are 45 incompatible with salmonid habitat; 46 (5) Presence and size of riparian ecosystem; 47 (6) Existing water rights; and 48 (7) The intermittent nature of some of the higher Bremerton Critical Lands Ordinance Page 15 1 classes of waters of the state. ~ f. Lakes, ponds, streams and rivers planted with game 3 fish, including those planted under the auspices of 4 a federal, state, local or tribal program and waters 5 which support priority fish species as identified by 6 the Washington Department of Wildlife. 7 g. State natural area preserves and natural 8 resource conservation areas, which are defined, 9 established, and managed by the Washington 10 Department of Natural Resources. 11 2. Minimum fish and wildlife habitat conservation areas: 12 Any property meeting the requirements of subparagraphs 13 a through g above may be classified as a fish and 14 wildlife habitat conservation area. At a minimum, all 15 property meeting any of the following characteristics 16 will be classified as a fish and wildlife habitat 17 conservation area: 18 a. Lands containing endangered or threatened species or 19 habitats for endangered or threatened species; and 20 b. Streams containing salmonids. 21 B. Standards: Alteration of fish and wildlife habitat 22 conservation areas may reduce the likelihood that the species 23 will survive or reproduce. Activities allowed in fish and 24 wildlife habitat conservation areas shall be consistent with 25 the species located there and all apPlicable state and federal 26 regulations regarding that species. Many of these marine '7 habitats are regulated by the Bremerton Shoreline Master 8 Program and the Washington Department of Fisheries Hydraulic 29 Permit process. The Critical Areas ordinance is designed to 30 address fish and wildlife habitat areas not previously 31 addressed by the Bremerton Shoreline Master Program, the 32 Fisheries Hydraulic Permit or other regulatory program. In 33 determining allowable activities, the provisions of the 34 Washington Department of Wildlife's Management Recommendations 35 for Washington Priority Habitats and Species shall be 36 reviewed. Development in these areas shall be in accordance 37 with the requirements of the underlying zone and any 38 overlapping critical area classification. 39 40 C~I~P~ER~Vll 41 ~:~:~ 42 1.100 FLOOD HA~ARDi%REAS: 43 A. Classification: Classifications of flood hazard areas shall 44 be consistent with the 100-year floodplain designation of the 45 Federal Emergency Management Agency and the National Flood 46 Insurance Program. 47 B. Standards: All development proposals shall comply with 48 Section 17.60 of the Bremerton Municipal Code for general and Bremerton Critical Lands Ordinance Page 16 ~ 1 specific flood hazard protection. Development shall not reduce the base flood water storage ability. Construction, 3 grading or other regulated activities which would reduce the 4 flood water storage ability must be mitigated by creating 5 compensatory storage on or off-site. Base flood data and 6 flood hazard notes shall be shown on the face of any recorded 7 plat or site plan including, but not limited to, base flood 8 elevations, flood protection elevation, boundary of 9 floodplain, and zero rise floodway. 10 11 Bremerton Critical Lands ordinance Page 17 3 1.110 GEOLOGIC~Y ~Zi%RDOUS ~%RE~B 4 5 A. General: Geologically hazardous areas include areas 6 susceptible to erosion, sliding, earthquake or other 7 geological events. Geologically hazardous areas include 8 erosion hazard areas, landslide hazard areas, moderate and 9 steep slopes, and seismic hazard areas. 10 B. Classification: 11 1. General: Geologically hazardous areas shall be 12 classified based upon landslide history and the presence 13 of unstable soils, steep slopes, high erosion potential 14 and seismic hazards. Areas in this classification are 15 a potential threat to public health, safety and welfare 16 when construction or incompatible land uses are allowed. 17 Some potential risk due to construction in geologically 18 hazardous areas can be reduced through structural 19 design. Construction in geologically hazardous areas 20 should be avoided when potential risk to public health 21 and safety cannot be reduced to a level of risk 22 comparable to the level of risk if the site were left in 23 its natural state. 24 a. In determining the significance of the risk to 25 public health and safety in a geologically hazardous 26 area, the following criteria may be used: ~7 (1) Potential economic, health, and safety impacts ~ related to construction in these areas; 29 (2) Soil type, slope, and vegetative cover; and 30 (3) Available documentation of the following: 31 (a) The history of soil movement, 32 (b) The presence of mass wastage, 33 (c) Debris flows, 34 (d) Rapid stream incision, 35 (e) Stream bank erosion or undercutting by 36 wave action, or 37 (f) The presence of alluvial fan which may be 38 subject to inundation debris flows or 39 deposition of stream-transported 40 sediments. 41 b. Classification as a critical area may be based upon 42 the risk to development in geologically hazardous 43 areas. 44 2. Erosion hazard areas shall be as defined by the United 45 States Department of Agriculture Soil Conservation 46 Service, United States Geologic Survey or by the 47 Washington Department of Ecology Coastal Zone Atlas. 48 The following classes are erosion hazard areas: Bremerton critical Lands Ordinance Page 18 1 a. Class U (Unstable) includes severe erosion hazards ~ and rapid surface runoff areas, 3 b. Class Uos (Unstable old slides) includes areas 4 having severe limitations due to slope, 5 c. Class Urs.(Unstable recent slides), and 6 d. Class I (Intermediate). 7 3. Landslide hazard areas shall include areas subject to 8 severe risk of landslide based on a combination of 9 geologic, topographic, and hydrologic factors. These 10 areas may be identified by using information from the 11 United States Department of Agriculture Soil 12 Conservation Service, United States Geologic Survey or 13 the Washington Department of Ecology Coastal Zone Atlas. 14 Landslide hazard areas include the following: 15 a. Any area characterized by slopes greater than 16 15 percent; impermeable soils (typically silt 17 and clay) frequently interbedded with permeable 18 granular soils (predominantly sand and gravel) 19 or impermeable soils overlain with permeable 20 soils; and springs or groundwater seepage; 21 b. Any area which has exhibited movement during 22 the Holocene epoch (from 10,000 years ago. to 23 present) or which is underlain by mass wastage 24 debris of that epoch; 25 c. Any area Potentially unstable due to rapid 26 stream incision, stream bank erosion or .... 7 undercutting by wave action; ~ d. Any area located on an alluvial fan presently 29 subject to or potentially subject to inundation 30 by debris flows or deposition of 31 stream-transported sediments; 32 e. Any area with a slope of 40 percent or greater 33 and with a vertical relief of ten or more feet; 34 f. Any area with slope defined by the United 35 States Department of Agriculture Soil 36 Conservation Service as having a "severe" 37 limitation for building site development; and 38 g. Any shoreline designated or mapped as class U, 39 Uos, Urs or I by the Washington Department of 40 Ecology Coastal Zone Atlas. 41 4. Slopes: 42 a. Moderate slopes shall include any slope, greater than 43 or equal to 25 percent and less than 40 percent. 44 b. Steep slopes shall include any slope greater 45 than or equal to 40 percent. 46 5. Seismic hazard areas shall include areas subject to 47 severe risk of earthquake damage as a result of seismic 48 induced settlement, shaking, slope failure or soil Bremerton Critical Lan~s Ordinance Page 19 1 liquefaction. These conditions occur in areas underlain ~ by soils of low cohesion or density usually in 3 association with a shallow groundwater table. Seismic 4 hazard areas shall be as defined by the United States 5 Department of Agriculture Soil Conservation Service, 6 United States Geologic Survey or by the Washington 7 Department of Ecology Coastal Zone Atlas. The 8 following classes are seismic hazard areas: Class U 9 (Unstable), Class Uos (Unstable old slides), Class Urs 10 (Unstable recent slides), Class I (Intermediate) and 11 Class M (Modified). 12 C. Standards: 13 1. Erosion Hazard Areas: 14 a. Erosion control plan: Applicant shall submit 15 an erosion control plan prior to approval of 16 proposal. Plans shall be consistent with the 17 guidelines set forth in Section, Excavation and 18 Grading, of the Official Code of the City of 19 Bremerton. 20 b. Land Modifications: All authorized clearing 21 for roads, utilities, etc. shall be limited to 22 the minimum necessary to accomplish 23 construction. All land modifications of 24 erosion hazard sites shall meet the following 25 requirements: 26 (1) Clearing, grading or filling of sloped sites ~7 containing erosion hazard areas shall be 8 limited to the period between April 1 and 29 October 1. 30 (2) All clearing shall be marked in the field 31 for inspection and approval prior to 32 alteration of site. 33 (3) The face of cut and fill on slopes shall 34 be prepared and maintained to control 35 against erosion. 36 2. Lan4slide Hazard Areas: All development proposals on 37 sites containing landslide hazards shall comply with the 38 following requirements: 39 a. Land Modifications: Landslide hazard areas located 40 on slopes 40 percent or greater shall be altered 41 only as allowed under the standards for steep slopes 42 as set forth in this section. Landslide hazard 43 areas and land adjacent to such a hazard area 44 located on ~loDe~ 1~ than 40 percen% may be 45 altered: 46 (1) If the proposal will not increase surface water 47 discharge or sedimentation within said 48 landslide hazard area, Bremerton Critical Lands Ordinance .Page 1 (2) If the proposal will not decrease ~ adjacent property slope stability, and 3 (3) If it can be demonstrated through 4 geotechnical analysis that there is no 5 significant risk to the development 6 proposal or adjacent properties, or that 7 the proposal can be designed so that the 8 landslide hazard is significantly 9 eliminated. 10 b.' Buffers: Unless the land modification is 11 approved under the provisions in subparagraph 12 2.a above, a minimum buffer of 50 feet shall be 13 provided from the edge of all landslide hazard 14 areas regardless of percent of slope. The 15 buffer may be extended by the Director beyond 16 these limits to mitigate erosion hazards. 17 3. slopes: Grading, vegetation removal and other soil 18 disturbances on slopes can lead to erosion or 19 landslides. If the amount of the slope disturbed is 20 decreased, then the risk of erosion and landslides 21 decreases. The risk is also less on slopes which are 22 less steep. Therefore, all soil disturbances on 23 moderate and steep slopes shall be reviewed and certain 24 standards are required to be met depending on the 25 percent of slope. 26 a. The following sets forth~4~e~~~i~ maximum ~7 soil disturbance ~c~c~ dep~:~'~:::~:~:K:~:'~:~~ percent 8 slope: 29 Slope Disturbance Allowed 30 1-24% 100% 31 25-39% 45% 32 40% or greater I~% i~:;:;~i~iiiii 33 b. Location of development on moderate and steep 34 slopes shall meet the following standards: 35 (1) Development must be located to minimize 36 soil disturbance and removal of 37 vegetation, to protect sensitive areas 38 and to retain open space; 39 (2) Structures must be clustered where possible to 40 reduce soil disturbance and maintain the 41 natural topography; and 42 (3) Structures should conform to the natural 43 contour of the slope and foundations 44 should be tiered, where possible, to 45 conform to the existing topography of the 46 site. 47 c. Design of development on moderate and steep 48 slopes shall meet the following standards: Bremerton Critical Lands Ordinance Page 21 1 (1) Ail development proposals shall be 2 designed to minimize the footprint of 3 building and other disturbed areas. 4 Common access drives and utility 5 corridors are encouraged; 6 (2) All development shall be designed to minimize 7 impervious lot coverage and should incorporate 8 under-structure parking and multi-level 9 structures within the existing height limit; 10 (3) Roads, walkways and parking areas should be 11 designed to parallel the natural contours; and 12 (4) Access shall be. in the least sensitive 13 area of the site. 26 subparagraphs 3. a, 3 .b an~ ~. c' a~56ve can 31 advcrsc .... ~t .... -~m . ~ 32 prcpcsal, ~ 33 (b) Where" ...... approved surface water 34 conveyance will result in minimum 35 vegetation removal and soil 36 disturbance on the slope, 37 (c) The construction of approved public 38 or private trails, provided they are 39 constructed in a manner which will 40 not contribute to surface water 41 runoff, 42 (d) The construction of public or 43 private utility corridors, provided 44 it has been demonstrated that such 45 construction will not significantly 46 increase landslide or erosion risks, 47 or 48 (e) Trimming and limbing of vegetation Bremerton Critical Lands Ordinance Page 22 1 for the creation and maintenance of 2 view corridors, provided that the 3 soils are not disturbed and the loss 4 of vegetative cover will not 5 significantly increase risks of 6 landslide or erosion. 7 (2) In all other cases, no land modification 8 is allowed on a steep slope and a minimum 9 15 foot vegetation buffer shall be 10 established from the top, toe and along 11 all sides of the slope. The buffer may 12 be extended beyond these limits on a 13 case-by-case basis to mitigate landslide 14 and erosion hazards. 15 4. Seismic Hazar4 Areas: Standards for development in 16 seismic hazard areas shall be in accordance with the 17 provisions of Chapter 2.02, Building Code, of the 18 Official Code of the City of Bremerton.' 19 2O Bremerton Critlcal Lands Ordinance Page 23 3 4 1. 120 NETLANDB /%ND BTRE~M 5 Sections 1.130 through 1.280 apply to wetlands and stream corridors 6 only. 7 8 10 11 12 This chapter does not apgly to wetlands or streams wate~ard of the 13 ordinary high water mark of any body of water re~lated by the 14 Shoreline Management Act. 15 16 1. 140 C~SIFI~TION. 17 A. General= A wetland or stream classification shall be 18 established based upon the completion of a delineation report 19 to dete~ine boundary, size, function, and value. Guidelines 20 for preparing stream corridor and wetland' delineation reports 21 are defined in Section 1.150.C and the "Federal Manual for 22 . Identifying and Delineating Jurisdictional Wetlands" (1989). 23 B. Streams shall be classified type I, II and III in accordance 24 with the following lcriteria: 25 1. Type I streams: Those streams inventoried as shorelines 26 of the state and regulated by the Shoreline Master 7 Program of the City of Bremerton and the state Shoreline 8 Management Act. 29 2. Type II streams: Those streams which are smaller than 30 t~e I streams and flow year round during ~eriods of 31 no~al rainfall. Streams used by. salmonids 32 ~~:~~~%~:~ whether flow~n~ year-round 37 3. Type III streams: Those streams that are inte~ittent 38 or ephemeral during years of no.al rainfall~ and ~are 39 not used by s~m~nids~:~`]~]~]~]~~~~]~ 43 accordance with the following criteria from the Washington 44 State Wetlands Rating System for Western Washington developed 45 by the Washington Department of Ecology. The Washington 46 Department of Ecology has developed a methodology for rating 47 wetlands under this rating system. That methodolo~ shall be 48 used in rating wetlands under this chapter. It is contained Bremerton Critical Lands Ordinance Page 24 1 in Washington Department of Ecology Publication Number 91-57 ~ (October 1991). 3 1. Type I wetlands are wetlands categorized as meeting one 4 of the following: 5 a. Documented habitat recognized by federal or state 6 agencies for threatened or endangered species of 7 plant or possibly extinct or extirpated plant, $ animal or fish; 9 b. Documented high-quality Natural Heritage 10 wetland sites or high-quality native wetland 11 communities which qualify as a Natural Heritage 12 wetland site; 13 c. Documented habitat of regional (Pacific coast) 14 or national Significance for migratory birds; 15 d. Regionally rare wetland communities with 16 irreplaceable ecological functions, including, 17 but not limited to, sphagnum bogs and fens, 18 estuarine wetlands, or mature forested swamps; 19 or 20 e. Wetlands of exceptional local significance. 21 The criteria for identifying these wetlands may 22 include, but not be limited to, rarity, 23 groundwater recharge areas, significant 24 habitats, unique educational sites, or area 25 where plant associations of infrequent 26 occurrence such as high and low salt marsh -~7 systems, bogs or coniferous forested wetlands 3 occurring on organic soils. 29 2. Type II wetlands are categorized as meeting one of the 30 following: 31 a. Documented habitat for sensitive species of plant, 32 animal or fish recognized by federal or state 33 agencies; 34 b. Wetlands with documented priority habitats or 35 species recognized by state agencies; 36 c. Wetlands with significant functions which may 37 not be adequately replicated through creation 38 or restoration; or 39 d. Regulated wetlands with significant habitat 40 value based on diversity and size; or 41 e. Regulated wetlands contiguous with salmonid fish- 42 bearing waters, including streams where flow is 43 intermittent; or 44 f. Regulated wetlands with significant use by fish and 45 wildlife; or 46 g. Wetlands equal to or less than one acre in size and 47 having three or more wetland classes; or 48 h. Wetlands greater than one acre in size. Bremerton Critical Lands Ordinance Page 25 .-1 3. Type III wetlands are defined as those wetlands that do 2 not contain features outlined in type I, II or IV. 3 4. Type IV wetlands are defined as those hydrologically 4 isolated wetlands that do not meet the criteria of a 5 type I or II wetland and are: 6 a. Equal to or less than one acre in size, have only 7 one wetland class and have only one dominant plant 8 species (monotypic vegetation) or 9 b. Equal to or less than two acres in size, have 10 only one wetland class and a predominance of 11 exotic species. 12 13 1.150 R]~I~ PROCEBB. 14 A. Overview: Application for a wetland or stream assessment, 15 delineation or permit by one or more property owners or 16 applicants shall be made to the Department of Community 17 Development. The Department of Community Development may 18 utilize information from the United States Department of 19 Agriculture Soil Conservation Service, the United States 20 Geological Survey, the Washington Department of Ecology, the 21 Coastal Zone Atlas, the National Wetlands Inventory maps, 22 Bremerton topography maps, and the Kitsap County Critical 23 lands map to establish general locations and/or verify the 24 location of any wetland or stream site. The Director shall 25 make an initial assessment, which may require plans as 26 specified in Section 1.150.C and a site inspection, to 'r~7 determine whether a delineation report is required. If a 8 delineation report is required, the Director will then 29 determine whether a wetland or stream development permit is 30 required. Review by the Department of Community Development 31 will generally be in accordance with the following process, 32 except as provided in Section 1.160 or 1.170: 33 1. If, after the comment period, site inspection, and 34 preliminary review of plans, it is determined by the 35 Director that: 36 a. No adverse impacts will occur to the wetland or 37 stream and/or adjacent buffer zones and 38 b. The proposed use or structure is located beyond 39 the required buffer zones based upon wetland 40 type, then: 41 (1) The Director issues a written decision (permit) 42 stating reasons for exemption; and 43 (2) The decision is sent to parties of record 44 per Section 1.150.E allowing time for an 45 appeal in accordance with Section 1.320. 46 47 2. If, after the comment, period, site inspection, and 48 preliminary review of plans, the Director is unable to Bremerton critical Lands Ordinance Page 26 -1 determine the wetland or stream delineation or potential ~ adverse impacts on the wetland or stream and/or its 3 adjacent buffer zones, then a delineation report is 4 required per Section 1.150.C. 5 a. If the applicant can meet the minimum buffer 6 requirement as provided in Section 1.230 and 7 the applicant can demonstrate no adverse 8 impacts to the stream or wetland and/or buffer, 9 including storm runoff discharging into an 10 approved storm drainage system, then: 11 (1) No mitigation plans are required; 12 (2) The Director issues a written decision 13 (permit) stating reasons for exemption; 14 and 15 (3) The decision is sent to parties of record 16 per Section 1.150.E allowing time for an 17 appeal in accordance with Section 1.320. 18 b. ~ If there will be adverse impacts to the wetland 19 or stream or the applicant cannot meet the 20 minimum buffer requirements as provided in 21 Section 1.230, then: 22 (1) The applicant must demonstrate: 23 (a) The application of these standards 24 presents an extraordinary hardship in 25 accordance with Section 1.250, or 26 (b) The proposal is in the public ~7 interest in accordance with Section 8 1.260; and 29 (2) Mitigation is required in accordance with 30 Section 1.270; and 31 (3) The Director either: 32 (a) Issues a written decision (permit) 33 specifying conditions of approval, and 34 the decision is sent to parties of record 35 per Section 1.150.E, allowing time for 36 appeal in accordance with Section 1.320, 37 or 38 (b) Determines that a public hearing 39 pursuant'to of the official Code of 40 the City of Bremerton is required: 41 (i) Notice is sent to property owners 42 within 300 feet regarding the public 43 hearing, allowing time for comment 44 and testimony, 45 (ii) The Planning Commission issues 46 a decision (permit) specifying 47 conditions of approval, and 48 (iii) The decision is sent to Bremerton Critical Lands Ordinance Page 27 1 parties of record, allowing 2 time for appeal pursuant to of 3 the Official Code of the City 4 of Bremerton. 5 B. An applicant may request verification of a wetland or stream 6 delineation without submitting plans for a specific project. 7 Such delineation verification will be issued by the Director $ and shall be valid for three years. 9 C. Submittal Requirements 10 1. General: The review process occurs in stages and the 11 applicant is also required to submit various information 12 to the Department of Community Development in stages. 13 The information that is generally required at each stage 14 is outlined in subparagraphs 2 through 4 below. An 15 applicant may submit all the information at one time. 16 An applicant who is only requesting a delineation 17 verification is not required to submit information 18 concerning a specific development project. 19 2. Application for assessment: 20 a. Site plan drawn to scale indicating: 21 (1) The width, length, height, and use of all 22 existing and proposed structures, roads, 23 parking lots, landscaped areas, 24 watercourses, drainage ways, and water, 25 wastewater and storm water facilities; 26 and ~7 (2) General wetland or stream boundary; .8 b. Site topography, including any area that may be 29 filled or impacted and specifying existing and 30 finished contours of the development site; 31 c. Legal description of the development site; and 32 d. Identification of adjacent land uses. 33 3. Delineation report: The delineation of wetlands or 34 streams shall be established by a wetlands specialist in 35 accordance with the "Federal Manual for Identifying and 36 Delineating Jurisdictional Wetlands" (1989). In the 37 event of conflicts regarding information in the 38 delineation report, the Director may, at the applicant's 39 expense, obtain competent expert services to verify 40 information and establish a final delineation. The 41 delineation report shall contain the following: 42 a. Site plan prepared by a licensed surveyor, 43 indicating the wetland or stream boundary as 44 determined by the wetlands specialist; 45 b. Legal description of the wetland or stream; 46 c. A description of the wetland or stream that 47 will be affected describing: 48 (1) Vegetation type, common plants and Bremerton Critlcal Lands Ordinance Page 1 general characteristics of the habitat, ~ water sources and wildlife; and 3 (2) Soil types; 4 d. The specifications of all proposed draining, 5 excavation, filling, grading or dredging, 6 including exact locations, amounts and methods; 7 and 8 e. A description of any vegetation proposed to be 9 cleared or removed. 10 4. Application for permit: 11 a. A statement of the purpose, goals, and 12 objectives of the project; 13 b. A description of the direct and indirect 14 physical and biological impacts of the project; 15 and 16 c. Identification of which test(s) the applicant 17 believes applies, an~ explanation of why the 18 applicant believes it applies and an analysis 19 of how the applicant intends to meet the 20 requirements of the test(s). (see 1.250, 21 1.260) 22 5. The Director may require additional information at any 23 stage of the review of the applicant's project. Such 24 information could include, but not be limited to, the 25 following: 26 a. DocUmentation of a wetland or stream .... 7 delineation by a wetlands specialist and 8 licensed surveyor; 29 b. Assessment and documentation of the wetland or 30 stream's functional characteristics, along with 31 its ecological, aesthetic, economic, and other 32 values; 33 c. Study of potential flood, erosion or other 34 hazards on the site and provisions~ for 35 protective measures that might be taken to 36 reduce such hazards; and 37 d. Any other information deemed necessary to 38 verify compliance with the provisions of this 39 chapter. 40 41 The Director shall review the information submitted as 42 to its validity and may reject it as incomplete or 43 incorrect. 44 45 D. Filing Fees: A wetland or stream development fee shall be 46 paid at the time of application. Upon filing such application 47 and prior to administrative review, the applicant shall pay 48 a wetland or stream assessment fee to the City Treasurer. If Bremerton Critical Lands Ordinance Page 29 1 a delineation report is required after the administrative ~ assessment, the applicant shall pay a fee based upon full cost 3 of processing such application. The purpose of said fee is 4 to defray the city's cost of processing the application and 5 the cost of mailing decisions and/or notice of public' 6 hearings. These fees shall be used to cover the costs of 7 reviewing the delineation report, processing the application, 8 providing notice, and issuing the decision. Fees may also be 9 required to retain expert consultants to provide services 10 pertaining to wetland boundary delineation, functional 11 assessments, classification, and mitigation measures, as 12 deemed necessary by the Director. 13 E. Notice of Application: A notice of application will be 14 required for all wetland and stream assessments, delineations 15 or permits. Within 30 days of receiving a completed 16 application, the Director shall notify the property owner, if 17 different than the applicant; the owners of property within 18 300 feet of the subject property, as indicated by the records 19 .of the Kitsap County Assessor; qualified neighborhood or 20 community organizations,, and any agencies or tribal 21 governments with jurisdiction over the subject matter of the 22 application; provided, however, that upon a finding of the 23 existence of unusual circumstances the Director may extend 24 said 30 day time period. These individuals and groups will 25 be given 14 days to comment on the application, and no action 26 will be taken before the end of the comment period. However, --~7 said notice of. application and comment period is not required 3 in cases where a public hearing is scheduled. ~Where a notice 29 of application and comment period has been provided, a copy 30 of the decision shall be sent to the applicant, property 31 owner, and parties of record. 32 If a public hearing is required, notice shall be required in 33 accordance with of the Official Code of the City of 34 Bremerton. 35 36 1.160 ~LTERN~TIVE REVIEW P~O~E88. 37 A. Applicability: The alternative review process outlined below 38 will be used in cases where a Section 404 individual permit 39 is required from the United States Army Corps of Engineers. 40 B. Overview: The applicant shall notify the Director when the 41 applicant applies for the Section 404 permit or contacts the 42 Corps concerning a specific project. The applicant shall keep 43 the Director apprised of the processing of the permit by the 44 Corps, including notifying the Director of all hearings 'or 45 meetings scheduled to discuss the applicant's project, 46 potential mitigation or approval. The review process of the 47 Corps will substitute for the review process outlined in 48 Subsection 1.150.A hereof. City of Bremerton participation Bremerton Critical Lands Ordinance Page 30 1 in the Corps' review process does not constitute approval of ~ the applicant's project by the City. A wetland or stream 3 development permit will be approved or denied by the Director 4 based upon the substantive provisions of Sections 1.180 5 through 1.280. However, the Director shall consider the 6 mitigation requirements as set forth by the commenting 7 agencies during the Corps' review process and shall concur $ with that mitigation, if it is functionally equivalent with 9 the requirements of this chapter. 10 C. Submittal Requirements: The applicant shall submit the 11 information specified in Subsections 1.150.C.2, 3, and 4 to 12 the Department of Community Development when filing for the 13 Corps' permit. The Director may also require the submittal 14 of any additional information deemed necessary. 15 D. Filing Fees: Fees, as specified in Subsection 1.150.D, shall 16 be required; provided, however, that the fee for wetland or 17 stream assessment shall not be required. 18 E. Notice of Application: A notice of application will be 19 required as provided for in Subsection 1.150.E hereof. 20 21 22 ~.~70 CT,R~NIJ~ ~~ ~~ 23 & BT~IDARDS. 24 A. Applicability: The cleanup review process and standards 25 outlined below will be used in cases involving cleanup actions 26 under the federal Comprehensive Environmental Response, -~7 Compensation and Liability Act (CERCLA), the federal Resource, 3 Conservation and Recovery Act (RCRA), the federal Clean Water 29 Act (CWA), the state Model Toxics Control Act (MTCA) or the 30 state Water Pollution Control Act (WPCA).. Any ¥oluntary 31 cleanup cases which are not overseen by the Environmental 32 Protection Agency or the Washington Department of Ecology are 33 subject to the review process in Section 1.150 hereof. 34 B. Purpose: One purpose of CERCLA, RCRA, CWA, MTCA and WPCA is 35 to clean up hazardous substances in the environment. 36 Generally, under these regulations, an investigative study is 37 prepared, first to determine the extent of the contamination, 38 then cleanup options are reviewed and, finally, a cleanup 39 option is determined and an order is issued specifying what 40 cleanup must be done and when it must be accomplished. At 41 times, cleanup efforts involve work in wetlands and streams 42 making this chapter applicable. The following review process 43 and standards have been developed because it is in the best 44 interest of the general public to remedy past degradation and 45 damage to the environment. 46 C. Standards: The applicant will not be required to demonstrate 47 compliance with the extraordinary hardship test in Section 48 1.250 hereof, or the public interest test 'in Section 1.260 Bremerton Critical Lands Ordinance Page 31 1 hereof. The applicant must, however, provide mitigation for ~ any wetland or stream degraded or destroyed in accordance with 3 Section 1.270 hereof. 4 D. Process: The procedures of the review process outlined in 5 Section 1.150 hereof will be used to review mitigation plans 6 required by Subsection C above, except that all decisions will 7 be administrative in an attempt to shorten the review process 8 and to facilitate the applicant's meeting the time 9 restrictions of the cleanup order. 10 E. Exemption: All work performed in the investigative stage to 11 determine the extent of the contamination, such as test pits 12 or holes, shall be reviewed and approved according to this 13 subparagraph. The applicant or party performing the 14 investigative work shall submit a letter explaining the work 15 to be performed to the Department of Community Development. 16 The proposal will be reviewed and approved by the Director 17 provided the site will be restored to the condition in which 18 it was prior to the investigative work. The Director shall 19 have the authority to place conditions on such approval. 20 21 1.180 PEI~XTTED USES/ACTMTIES. 22 The uses and activities listed below may be allowed on a 23 site-specific basis, after consideration by the Director, to the 24 extent they are not prohibited by any other ordinance or law. The 25 work shall be conducted using best management practices to ensure 26 that flow, circulation patterns, and chemical and biological ~7 characteristics of the stream or wetland are not impaired. Any ~ unavoidable adverse impact affecting the aquatic environment must 29 be mitigated. 30 A. Conservation or preservation of soil, water, vegetation, fish, 31 shellfish and other wildlife; 32 B. Outdoor passive recreational activities, including fishing, 33 bird watching, walking or hiking trails and non-motorized 34 boating; or '35 C. Education and scientific research. 36 37 38 1.190 TENPORARY E~ERGENCY PERN/TS. The Director may issue a 39 temporary emergency permit, provided an application is filed for a 40 wetland or stream development assessment or permit within five 41 days, if it is deemed that an unacceptable threat to life or severe 42 loss of property will occur if an emergency permit is not granted. 43 This permit may be terminated at any time without process upon 44 determination by the Director that the action was nOt or is no 45 longer necessary. The Director may within 90 days require the 46 action to be processed in accordance with all the provisions of 47 this chapter. 48 Bremerton critical Lands Ordinance Page ~-1 1.200 RBGUI~TBD UBBB/AC~VI~B~' ~ Pursuant to the requirements of this chapter, a permit shall be 3 obtained prior to undertaking any of the following activities 4 within a wetland or stream and/or its adjacent associated buffer: 5 A. Filling, placing or dumping any soil, loam, peat, sand, 6 gravel, rock, chemical substance, refuse, trash, rubbish, 7 debris or dredge material; 8 B. Excavating, dredging or clearing any soil, loam, peat, sand, 9 gravel, rock, vegetation, trees or mineral substance; 10 C. Discharge of hazardous substances, including but not limited 11 to heavy metals, pesticides, petroleum products or secondary 12 effluent; 13 D. Any act which results in draining, flooding or disturbing the 14 water level or table; 15 E. Alteration, construction, demolition or reconstruction of a 16 structure or infrastructure, including driving pilings or 17 placing obstructions; 18 F. Destroying or altering vegetation 'through clearing, 19 harvesting, shading, pruning or planting vegetation that would 20 alter the character of the site; and 21 G. Any act or use which would destroy natural vegetation; result 22 in significant change in water level, water temperature, 23 physical or chemical characteristics of the wetland or stream; 24 substantially alter existing pattern of tidal flow, obstruct 25 the flow of sediment or alter the natural contours of a site. 26 ~97 S 1.210 CONDITIONS. 29 A. The Director shall have the authority to- attach such 30 conditions to the granting of any permit under this chapter 31 deemed necessary to mitigate adverse impacts and carryout the 32 provisions of this chapter. Such conditions may include, but 33 are not limited to, the following: 34 1. Limitations on minimum lot size; 35 2. Provisions for additional vegetative buffer zones 36 depending on the intensity of the use or activity; 37 3. Requirements that structures be elevated on piles, 38 limited in size or located with additional setback 39 requirements; 40 4. Dedication of utility easements; 41 5. Modification of waste disposal or water supply 42 facilities; 43 6. Imposition of easement agreements or deed restrictions 44 concerning future use and subdivision of lands; 45 7. Limitation of vegetation removal; 46 8. Setting minimum open space requirements; 47 9. Erosion control and storm water management measures, 48 including restrictions on fill and other activities in Bremerton Critical Lands Ordinance i Page 33 1 the wetland or stream; and ~ 10. Development of a plan involving-the creation or 3 enhancement of a stream corridor or wetland or 4 restoration of a damaged or degraded stream corridor 5 or wetland, to compensate for adverse impacts. 6 B. Compensation as a Condition: As a condition of a permit or 7 as an enforcement action under this chapter, the City may $ require that the applicant provide compensation to offset, in 9 whole or part, the potential loss resulting from an 10 applicant's or violator's action or proposal. Such 11 compensation may include the enhancement of a stream corridor 12 or wetland, the restoration of a damaged or degraded wetland 13 or stream or the creation of a new wetland or stream. In 14 making a determination as to whether such a requirement will 15 be imposed, and if so, the degree to which it would be 16 required, the Director shall consider but not be limited to 17 the following: 18 1. The long-term and short-term effects of the action and 19 the reversible or irreversible nature of the impairment 20 to or loss of the wetland or stream; 21 2. The location, size, and type of and benefit provided by 22 the original and altered wetland or stream; 23 3. The effect the proposed work may have upon the remaining 24 ecosystem or associated aquatic system; 25 4. The cost and likely success of the compensationmeasures 26 in relation to the magnitude of the proposed project or ~-~7 violation; ~ 5. The observed or predicted trend with regard to the gains 29 or losses of the specific type of wetland or stream; and 3O 31 6. The extent to which the applicant has demonstrated a 32 good- faith effort to incorporate measures to minimize 33 and avoid impacts within the project. 34 35 36 1.220 37 The Director shall issue wetland or stream develppment permits in 38 accordance with the wetland or stream classification.. No regulated 39 activity or use shall be permitted within a wetland or stream 40 corridor without prior approval and without meeting the provisions 41 of this section. A permit for development in or adjacent to 42 wetlands or stream corridors shall only be granted if it has been 43 demonstrated that the permit, as conditioned, is consistent with 44 the provisions of this chapter and provided: 45 A. The applicant has taken appropriate action to avoid adverse 46 impacts or to minimize or compensate for unavoidable impacts, 47 B. The result of the proposed activity is no net loss of wetland 48 functions or values, or Bremerton Critical Lands Ordinance Page 34 1 C. The applicant can demonstrate that denial of the requested ~ permit would result in an extraordinary hardship. 3 .4 1.230 BO*FFBI:U]. 5 A. General: A buffer zone shall be provided for all uses and 6 activities adjacent to a wetland area or stream corridor to 7 protect the integrity, function, and value of the wetland or 8 stream. Buffers between regulated activities and wetlands or 9 stream corridors are important because they help to stabilize 10 soils, prevent erosion, act as filters for pollutants, enhance 11 wildlife diversity, and support and protect wetland plants and 12 Wildlife. A permit may be granted if it has been demonstrated 13 that no adverse impact to a wetland will occur and a minimum 14 buffer width will be provided in accordance with this section. 15 The buffer shall be measured from the upland edge of the 16 wetland or stream and shall consist of an area of natural, 17 enhanced or new native vegetation. 18 B. Minimum Requirement: 19 1. Wetlands: Wetland buffer widths shall be established as 20 follows, based on wetland classification: 21 Type I 200 feet 22 Type II 100 feet 23 Type III 50 feet 24 Type IV 25 feet 25 2. Streams: Streams with riparian wetland habitats shall 26 have the buffer widths which apply to their wetland -~7 classification or the following buffer widths, whichever 8 is more restrictive. 29 a. Minimum buffer widths based on stream 30 classification and the intensity of use and/or 31 activity are: 32 (1) Type I streams: 'As set forth in the 33 Bremerton Shoreline Master Program, or 34 the same as type II streams below, 35 whichever is greater. 36 (2) Type II streams: 37 (a) ~treams use~ by salmonids ~~ 40 buffer. 41 (b) High intensity uses/activities shall 42 have a minimum 100-foot buffer. 43 (c) Low intensity uses/activities shall 44 have a minimum 50-foot buffer. Bremerton Critical Lands ordinance Page 35 ~ (3) Type III streams: A minimum 25-foot 3 buffer. 4 b. For streams with banks within 25 feet of the 5 toe of slopes which are 25 percent or greater, 6 the required buffer width shall be the minimum 7 buffer width for that stream type or a buffer 8 width which extends 25 feet beyond the top of 9 the slope, whichever setback provides the 10 maximum buffer. 11 C. Buffer areas or buffer widths may be modified, on a 12 case-by-case basis, by averaging, decreasing or increasing 13 widths under the following conditions. In making 14 determinations concerning the modification of buffers, the 15 Director shall consider the relationship between the size in 16 area of the buffers on site and the size in area of the 17 wetlands or-streams on site. 18 1. Averaging shall be allowed only where the following is 19 demonstrated: 20 a. Variations in sensitivity exist because of 21 physical characteristics; 22 b. The least intense land use will be adjacent to 23 reduced, buffer width; 24 c. Width averaging will not adversely impact 25 wetland function or value; and 26 d. Total area contained within the averaged buffer -~7 is equal to the minimum required within the 8 standard buffer zone.. 29 30 However, in no instance shall the buffer be reduced by 31 more than 50 percent for a wetland or stream, or be less 32 than 25 feet for a wetland or ten feet for a stream. 33 2. The Director may require increased buffer widths if a 34 larger buffer is necessary to protect the stream or 35 wetland. The determination that an increased buffer 36 width is required shall be based on the following: 37 a. Streams: Increased buffer widths to protect 38 streams shall be based on, but not limited to, 39 the following circumstances: 40 (1) The development proposal will potentially 41 produce significant noise, light or glare 42 or involves the production, use, storage 43 or sale of hazardous material; 44 (2) The stream serves as a critical fish 45 habitat for spawning or rearing; 46 (3) The stream and/or its riparian habitat is 47 utilized by species classified as 48 endangered, threatened or sensitive; Bremerton Critical Lands Ordinance Page 36 1 (4) The land adjacent to the stream is ~ classified as a potential landslide or 3 erosion hazard area; 4 (5) The adjacent riparian system has highly 5 infiltrative soils that help to 6 recharge/purify groundwater supply to the 7 stream, or is characterized by till soil 8 where runoff will increase significantly 9 if vegetation is removed; 10 (6) The adjacent riparian system helps to 11 reduce storm water runoff or controls 12 sediment flow; or 13 (7) A low-intensity activity or utility 14 easement is a proposed use of the buffer. 15 b. Wetlands: Increased buffer widths to protect 16 wetlands shall be based on, but not limited to, 17 the following circumstances: 18 (1) Wider buffer is needed to preserve viable 19 populations of existing species; or 20 (2) Adjacent land has minimal vegetative 21 cover or has a slope greater than 15 22 percent. 23 3. Buffer widths may also be decreased where it can be 24 demonstrated that: 25 a. Adjacent land is extensively vegetated and is 26 less than 15 percent slope; or -~7 b. Project includes a buffer enhancement plan ~ utilizing native wetland vegetation which 29 substantiates that the proposed enhancement 30 will improve the functions of the buffer; and 31 c. No direct or indirect short-term or long-term 32 adverse impacts to the wetland or stream will 33 result. 34 In no instance shall a buffer be reduced by more than 25 35 percent, or be less than 25 feet for a wetland or ten 36 feet for a stream. 37 D. Low-impact uses and activities consistent with the stream or 38 wetland buffer function may be permitted within the buffer 39 depending upon the sensitivity of wetland and intensity of 40 activity or use. These may include pedestrian trails, viewing 41 platforms, utility easements and storm water management 42 facilities such as grass-lined swales. 43 E. Yard Reduction: In order to accommodate for the required 44 buffer zone the Director may reduce the front and/or rear yard 45 setback requirements on individual lots. The front .and/or 46 rear yard shall not be reduced by more than 50 percent. In 47 determining whether or not to allow the yard reduction, the 48 Director shall consider the impacts of the reduction on Bremerton Crltlcal Lands Ordinance .Page 37 1 adjacent land uses. 3 1 · 240 8T/%NDARD8. 4 A. Wetlands: 5 1. Type I wetlands: No regulated activities shall be 6 permitted within the wetland boundary or buffer except 7 where the applicant can demonstrate an extraordinary 8 hardship in accordance with Section 1.250 hereof. 9 However, those low-intensity uses or activities 10 necessary for public access, educational or research 11 purposes may be allowed within the wetland buffer if it 12 can be demonstrated that there will be no adverse impact 13 on the wetland ecosystem. 14 2. Type II, III and IV wetlands: No regulated activities 15 shall be allowed within the wetland boundary or buffer 16 unless the applicant can demonstrate: 17 a. The applicatiOn of these standards presents an 18 extraordinary hardship in accordance with 19 Section 1.250 hereof; or 20 b. The proposal is in the public interest in 21 accordance with Section 1.260 hereof. 22 3. For all wetland types, the applicant must demonstrate 23 the following: 24 a. The existence of plant or wildlife species 25 appearing on the federal or state endangered or 26 threatened species list will not be --~7 jeopardized; 8 b. The proposal will not lead to significant 29 degradation of groundwater or surface water 30 quality; and 31 c. The proposal complies with the remaining 32 standards of this chapter, which include those 33 pertaining to wetland compensation and the 34 provision of bonds. 35 4. Hydrologically isolated type III and IV wetlands which 36 have been classified and identified as having a total 37 cumulative area of less than 1,000 square feet, 38 regardless of property lines, are exempt from the 39 provisions of this chapter. 40 5. Unless the wetland is determined to have exceptional 41 value, the Director shall exclude type III wetlands less 42 than 2,500 square feet and type IV wetlands less than 43 10,000 square feet from the provisions of this chapter, 44 provided the applicant provides monetary compensation to 45 mitigate for such wetland loss. These monies shall be 46 held in a designated mitigation fund to meet the City's 47 intent of no net loss in wetland function. Such funds 48 shall be used in future wetland creation, restoration Bremerton Critical Lands Ordinance Page 38 1 and/or enhancement projects or acquisition of wetland ~ sites for public purposes. Such monetary compensation 3 shall be based on the area of wetland loss on a square 4 foot per square foot basis. This monetary compensation 5 value shall be based upon the price of land acquisition 6 plus 125 percent of the amount that would be required to 7 perform off-site, in-kind compensation in accordance 8 with the replacement guidelines set forth in Section 9 1.270.B.1 hereof and monitoring requirements in Section 10 1.270.E hereof. Dedication of land containing wetlands 11 or streams may substitute for monetary compensation, but 12 only to the extent that such dedication would provide 13 the City with increased value because of access, control 14 and protection proVided by public ownership or to the 15 extent that such dedicated land would be developable 16 under the provisions of this chapter. Provisions for 17 access must be included with any dedication of land. 18 B. Stream Corridors: 19 1. Type I streams: All proposed alterations of these areas 20 shall be in accordance with the Shoreline Master Program 21 of the City of Bremerton, and all applicable state and 22 federal regulations. All proposed alterations in the 23 riparian corridor of a type I stream shall be in 24 accordance with the standards for the specific wetland 25 type. 26 2. Type II and III streams may be altered for bridge "~7 crossings, trails, utility relocations, embankment S stabilization, storm drainage way maintenance, and 29 facilities for surface water management. Such 30 alterations may be permitted by the Director, provided: 31 a. Where riparian habitats exist, activity or use 32 shall be allowed in accordance with the 33 intensity of use and wetland classification and 34 standards; 35 b. The applicant can demonstrate: 36 (1) The application of these standards 37 presents an extraordinary hardship in 38 accordance with Section 1.250 hereof, or 39 (2) The proposal is in the public interest in 40 accordance with Section 1.260 hereof; and 41 c. Adverse impacts will be mitigated. 42 3. Type II and III streams may be relocated or placed in 43 culverts, provided it can be demonstrated that: 46 b. Existing iccaticn cf tkc 47 ........ Bremerton critical Lands Ordinance Page 39 2 a~. No significant habitat area will be destroyed; 3 b~. The new channel or culvert is designed· and 4 installed to allow passage of fish inhabiting 5 or using the stream; 6 c~. The channel or culvert is large enough to 7 accommodate a 100-year storm; 8 ~. The applicant will, at ~all times, keep the 9 channel or culvert free of debris and sediment 10 to allow free passage of water and/or fish; and 11 eh~. The applicant will provide a bond or other 12 financial security to ensure maintenance as 13 provided in Section 1.280 hereof. ' ':: :{: ~ ~:¢¥.¢ ¢{:::-'.'::;[$":':':' ':::: ~:':[:Si:{:']~: S::::.:::::::.:{::.¢.. ¢{:{:{:[:.'.:: g-"'-:-]~:~.: :': S'k:::¢']:[:".:< s:: ':: $".:[~::::¢':'>?. x ¢¢ :¢:: :.:~-:->'"::[:¥:.: S:¢'.,.:.:¢:::' '.:{~:~:.~$::: ' ' >.~:.:.[ f<:.-. ::."' ,.: .,.::::-:%:. ".:S-:::-::8¢i:::': :::.<"?.>,~ ,~:::.~::'::: r '-: 2 0 .............................. ........................................................................... :.. :.:.:.:...:~ :.:.:.:. ,..:;:.:.:...:.:. ,.>.: :.: :.:.:... ~ :.:.: :.:..>. ,:.. ::: :..:..:...: :.:.:.:.:.:.:.~.. :: :.:.... ,~. ::.:.:... ~ :: :.:.: :..:.: ::. :~...:-.: :<.:. :.. ::::.:..:...~::: ::...,: :~.:.....:.. ~:..:..:,,. ~$:.:...: ~.~ ..~:$ .~:.:..,..~: ~:.:... 21 ......... .............. ....................... ,, .................. ....... ........ ....... .... ~::-:~:::::::::~ ~:z::z::::. ::' :' :':":::!~::.'-:.:: ~.-':~:i~:~:~.~:i.~:~:i:i: ~ ~i:~"'::~ii~':'!~ ~:~: ~:::!ii~.:~:~:'~::.:.:! ~i:::::!:: ~:~':¥'"~:i'"' :.:~$.::i.'~!i!~!~:~:i::~!!:!i! .:"i~! .':':~:::~:.:~::~i ~.e:~.i:i.'..: :~-'.~:~:~: ,: ~:~!.'-::~ ~.: :.-'.':'~.~::::~!!~:~ ~j:× :::~:: :'::~ :.~:'-::i!~i~:: ¥ '.ii!!! :':~.~:,.'.::i~!~¥'..'.''''' '~':~..':'::!ii :'i ]{-~:':':::':':¥'%::':::!:?. :~:'-':?.':.'."-?.~:":. i.>..~:.':¥'?~:'.':':~:::¥' '.:>:"-:~:i~.~?':?~!.'-.,::'~ !". :~i!:::::~i!"~3'.::.>. i:i ':'? :'~ i:'.'.'-~:<':~:~"~:':'"-::.'#':':':~:!-' :~ '%!~. :.".:' -~'-~ 30 ~. I n t'K~: ................ ~:'~ ................ ~'~:'~:'~:~ ................. ~'~'~'~':~:'~ i~'~' ............... ~'~'~"~r at ions or 31 relocations, as specified in Subparagraphs 2 and 3 32 above, are allowed, the applicant shall submit an 33 alteration or relocation plan prepared by a wetlands 34 specialist with expertise in this area. The plan 35 shall address the following information: 36 a. Creation of natural meander patterns and gentle 37 side slope formations; 38 b. Creation of narrow subchannel, where feasible, 39 against the 'south or west bank; 40 c. Provisions for the use of native vegetation; 41 d. Creation, restoration or enhancement of fish 42 spawning and nesting areas; 43 e. The proposed reuse of the prior stream channel; 44 and 45 f. Provision of a wetland specialist, approved by 46 the City, to supervise work to completion and 47 to provide a written report to the' Director 48 stating the plan for the new channel comPlies Bremerton Critical Lands Ordinance Page 40 1 with the provisions of this chapter. ~ ~. As part of stream enhancement, restoration or 3 maintenance, the City may allow the removal of 4 debris, sediment, vegetation or other things 5 determined to be detrimental. In addition, 6 permitted uses or activities as defined in Section 7 1.180 hereof may be permitted within the stream 8 corridor buffer. 9 ~6. The Washington Departments of Wildlife and Fisheries 10 have authority over all projects in state waters 11 which impact fish. Construction in state waters is 12 governed by RCW Chapter 75.20, Construction Projects 13 in State Waters. 14 15 1.250 EXTI~ORDII~RY B/%RDSHIP TEST. 16 An extraordinary hardship exists when the standards of this chapter 17 deny all reasonable economic use of the property. To demonstrate 18 extraordinary hardship, the applicant must demonstrate the 19 following: 20 A. The activity or use is a water-dependent project, that requires 21 wetland access as an essential element of its function; 22 B. There is no reasonable economic use or value with less impact 23 on the wetland or stream; 24 C. There are no feasible on-site alternatives to the proposed 25 activity or use (e.g., reduction in density or use intensity, 26 scope or size, change in timing, phasing or implementation, ~7 layout revision or other site planning considerations) that 8 would allow reasonable economic use with less adverse impact; 29 D. The proposed activity or use will be mitigated to the maximum 30 extent possible and result in minimum feasible alteration or 31 impairment of functional characteristics of the site, 32 including contours, vegetation, fish and wildlife habitat, 33 groundwater, surface water and hydrological conditions; 34 E. The proposed activity or use complies with all local, state, 35 and federal laws and will not jeopardize the continued 36 existence of endangered, threatened, sensitive or priority 37 habitat or species; and 38 F. The inability to derive reasonable economic use is not the 39 result of actions by the applicant in segregating or dividing 40 the property in a way that makes the property unable to be 41 developed after the effective date of this ordinance. 42 G. Diminished value shall not be considered on extraordinary 43 hardship. 44 45 1.260 PUBLIC II~EREST. 46 In determining whether a proposed use or activity in any wetland or 47 stream is .in the public interest, the public benefit of the 48 proposal and the impact to the wetland or stream must be evaluated Bremerton Critical Lands Ordinance Page 1 by the Director. The proposal is in the public interest if its ~ benefit to the public exceeds its detrimental impact on the wetland 3 or stream. In comparing the proposal's public benefit and impact, 4 the following should be considered: 5 A. The extent of the public need and benefit; 6 B. The extent and permanence of the beneficial or detrimental 7 effects of the use or activity; 8 C. The quality and quantity of the wetland or stream that may be 9 affected; 10 D. The ecological value of the wetland or stream; 11 E. Probable impact on public health and safety, fish, plants, and 12 wildlife; and 13 F. The policies of the Land Use Management Plan. 14 15 1.270 MITIC~%TION PROCEDURES. 16 A. General: 17 1. The first underlying measure of wetland and stream 18 protection is to avoid impacts. The next measure is to 19 minimize impacts where possible by limiting the 20 magnitude or scope of the development or use. The final 21 measure of protection is to mitigate or compensate for 22 impacts. This can be accomplished through creation, 23 enhancement or restoration of· the wetland or stream. 24 However, the Director may allow compensation rather than 25 avoidance when the applicant demonstrates that 26 compensation would be the preferable environmental ~7 alternative. 8 2. Except as provided in Subparagraph 1 above, the 29 creation, enhancement or restoration to compensate for 30 a degraded or destroyed stream or wetland shall not be 31 an alternative to the standards set forth in Section 32 1.240 hereof, but shall be used only to compensate for 33 unavoidable losses. The new, enhanced or restored 34 wetland shall recreate as nearly as possible the 35 original wetland in terms of functions, value, 36 geographic location,, and setting as provided in 37 Subsection 1.270.B hereof. The goal of the compensation 38 alternative shall be no net loss of wetland function. 39 Where possible, compensation shall be completed prior to 40 wetland or stream corridor destruction. 41 3. Creation, enhancement or restoration alternatives should 42 be undertaken on or adjacent to the site where permanent 43 losses have been sustained or, where enhancement or 44 restoration of a former wetland is possible, within the 45 same drainage basin. Replacement in kind of the 46 impacted stream or wetland will be the preferred 47 alternative for creation, enhancement or restoration 48 efforts. The Director may accept or recommend creation, Bremerton Critical Lands Ordinance Page 42 1 enhancement or restoration whichis' not in-kind, is ~ off-site, and/or is monetary compensation as provided 3 for in this section as an alternative proposal, if the 4 applicant can demonstrate that in-kind and/or on-site 5 creation, enhancement or restoration is infeasible due 6 to constraints such as parcel size, stream or wetland 7 type; that a wetland of a different type or location is 8 justified based on regional needs or functions and 9 valUe; or that on-site compensation is not desirable. 10 Where feasible, created, enhanced or restored wetlands 11 shall be of a higher type than the altered wetland. 12 Compensation areas shall be determined according to the 13 altered wetland's function, acreage, type, location, 14 self-sustaining abilities and the amount of time 15 required for the created, enhanced or restored wetland 16 to become a functioning wetland. 17 4. Compensation shall not be required for the construction 18 of new storm water system facilities, except for 19 transmission systems not related to the wetland or 20 stream being impacted. 21 B. Replacement Guidelines: 22 1. Wetlands and stream corridors with riparian habitats 23 shall be replaced in accordance with their 24 classification at a minimum ratio of 1:1 for functional 25 value. This ratio of replacement may be increased based 26 upon the follOwing criteria: ~7 a. If it has been determined that the probable s success of the replacement wetland is 29 uncertain; 30 b. The compensation project is proposed off-site; 31 or 32 c. If there is a significant period of time .33 between destruction and replication of wetland 34 functions. 35 2. Applicants proposing restoration or enhancement as an 36 alternative to replace wetland loss shall identify how 37 the wetland restoration or enhancement conforms to the 38 overall goals and requirements of this chapter. Wetland 39 restoration and enhancement proposals shall meet the 40 following criteria: 41 a. The restoration or enhancement for one function 42 and value shall not degrade another function or 43 value; 44 b. The restoration and enhancement ratios shall 45 also be 1:1 for functional value. The 46 functional value of the restored or enhanced 47 wetland shall be equal to or greater than the 48 functional value of the wetland altered plus Bremerton Critical Lands Ordinance Page 43 1 the functional value of the restored or ~ enhanced wetland prior to restoration or 3 enhancement. 4 3. Where it can be demonstrated that there are unavoidable 5 impacts, the Director may allow the applicant to 6 contribute a fee in lieu of compensation for loss of 7 hydrologically isolated type III or IV wetlands, the 8 total areas of which do not exceed one acre, to a fund 9 to mitigate for wetland loss. The Director shall set 10 reasonable fees for monetary compensation of stream or 11 wetland loss. Fees shall be based upon the price of 12 land acquisition plus 125 percent of the amount that 13 would be required to perform off-site, in-kind 14 compensation in accordance with the replacement 15 guidelines set forth in Section 1.270.B.1 hereof and 16 monitoring requirements in Section 1.270.E hereof. Such 17 fees shall be held in a designated mitigation bank fund 18 for the express use of ongoing wetland acquisition, 19 creation, enhancement or restoration projects and shall 20 not be commingled with other funds. Dedication of land 21 containing wetlands or streams may~ substitute for 22 monetary compensation, but only to the extent that such 23 dedication would provide the CitY with increased value 24 because of access, control and protection provided by 25 public ownership or to the extent that such dedicated 26 land could be improved under the provisions of this .... 27 chapter (see Section 1.180). Provisions for access must ~ be included with any dedication of land. z9 C. Mitigation Plan Requirements: In the event that creation, 30 enhancement or restoration as a form of compensation is chosen 31 for mitigation, the applicant or violator shall provide a 32 wetland or stream mitigation plan for approval. The plan 33 shall provide information on land acquisition, construction, 34 maintenance and monitoring of the created, enhanced or 35 restored wetland or stream that recreates as nearly as 36 possible the original wetland or stream in terms of function, 37 geographic location and setting. All mitigation plans shall 38 be prepared by a wetlands specialist, submitted by the 39 applicant, and contain the following information: 40 1. Data collected and synthesized for the newly created, 41 enhanced or restored site; 42 2. Specific goals and objectives describing site function, 43 target species and selection criteria; 44 3. Performance standards which shall include criteria for 45 assessing goals and objectives; 46 4. Contingency plans which clearly define course of action 47 or corrective measures needed if performance standards 48 are not met; Bremerton Critical Lands Ordinance Page 44 1 5. A legal description and a survey prepared by a licensed 2 surveyor of the proposed development site and location 3 of the wetland or stream on the site; 4 6. A scaled plot plan indicating the proposed construction 5 location, zoning setback requirements, and sequence of 6 construction phases. The plan also shall include 7 cross-sectional details, topographic survey data 8 (including percent slope and existing and finished 9 grade elevations) and other technical information, as 10 required, in sufficient detail to explain, illustrate 11 and provide for: 12 a. Soil and substrate conditions, topographic 13 elevations, scope of grading proposal, and 14 erosion and sediment treatment and source 15 controls needed for wetland or stream 16 construction and maintenance; 17 b. Planting plans specifying plant species, types, 18 quantities, locations, sizes, and spacing; the 19 planting season or timing; watering schedule;' 20 nutrient requirements for planting and, where 21 appropriate, measures to protect plants from 22 destruction; 23 c. Water-quality parameters; turbidity class and 24 criteria for water quality as set forth in WAC 25 173-201,'Water Quality Standards for Surface 26 Waters of the State of Washington, during ..27 construction and after completion; water 8 source; water depths; water control measures ~9 and water level maintenance practices needed to 30 achieve the necessary ambient water conditions; 31 and hydrocycle or hydroperiod characteristics; 32 d. Contingency or mid-course corrections plan; and 33 e. A monitoring plan, for a period of not less 34 than three years, which establishes 35 responsibility for removal of exotic and 36 nuisance vegetation and for permanent 37 establishment of the wetland or stream and all 38 its component parts; 39 7. A clearly defined approach to assess progress of 40 mitigation project; 41 8. The plan must indicate ownership, size, type, and 42 complete ecological assessment, including flora, fauna, 43 hydrology, functions, etc. of the stream or wetland 44 being created, enhanced or restored; and 45 9. Information on the natural suitability of the proposed 46 site for establishing the replaced wetland or stream 47 (i.e. water source and drainage patterns, topographic 48 position, wildlife habitat opportunities, value of the Bremerton Critlcal Lands Ordinance Page 45 1 existing area to be converted, etc.). ~ D. The Director shall review and approve the mitigation plan. ~ Agreed-upon performance standards shall be contained in the 4 mitigation plan and approved by the applicant and the Director 5 during the review process. 6 E. The applicant must demonstrate fiscal, administrative, and 7 technical competence to successfully execute the overall 8 project through completion. This compensation project shall 9 be monitored for a minimum of three years in accordance with 10 the approved performance and maintenance agreement. In the 11 event of a breach of any condition of said agreement, the 12 Director may institute an action in court and prosecute the 13 same to judgment and execution. Final approval for the 14 completed compensation project involving creation, enhancement 15 or restoration shall be granted by the Director when the 16 applicant submits documentation that all requirements of this 17 section have been completed. 18 19 ~.280 20 A. Performance bonds: Except for public agencies, applicants 21 receiving a permit involving compensation for mitigation are 22 required to post a cash performance bond or other acceptable 23 security to guarantee compliance with this chapter prior to 24 beginning any site work. The surety shall guarantee that work 25 and materials used in construction are free from defects. All 26 bonds shall be approved by the City Attorney. The surety or .~27 bonds cannot be terminated or canceled without written 3 approval. The Director shall release the bond after -~ documented proof that all structures and improvements have 30 been shown to meet the requirements of this chapter and that 31 a maintenance bond has been posted, if required. 32 B. Maintenance bonds: Except for public agencies, an applicant 33 shall be required to post a cash maintenance bond or other 34 acceptable security guaranteeing that structures and 35 improvements required by this chapter will perform 36 satisfactorily for a minimum of three years after they have 37 been constructed and approved. The value of the bond shall 38 be based on the average or median of three contract bids that 39 establish all costs of compensation, including costs relative 40 to performance, monitoring, maintenance, and provision for 41 contingency plans. The amount of the bond shall be set at 150 42 percent of the average expected cost of the compensation 43 project. All bonds shall be on a form approved by the City 44 Attorney. Without written release, the bond cannot be 45 canceled or terminated. The Director shall release the bond 46 after determination that the performance standards established 47 for measuring the effectiveness and success of the project 48 have been met. Bremerton Critical Lands Ordinance Page 46 2 4 1.300 ENV/ROI~[BNT~Y SENSITIVE DEBIGN~TION. 5 Pursuant to WAC 197-11-908 and Ordinance No. 3934, fish and 6 wildlife habitat conservation areas, erosion hazard areas, 7 landslide hazard areas, steep slopes, wetlands, and streams are 8 hereby designated as environmentally sensitive areas. These areas 9 are mapped on Bremerton's Generalized Critical Areas Maps available 10 in the Public Works Department, Building and Land Use Services 11 Division. The following SEPA categorical exemptions shall not 12 apply within these areas: Ordinance No. 3934, III,A and the 13 following subsections of WAC 197-11-800: (1) (b); (2)(d) excluding 14 landscaping, (e), (f) and (g); (3); 24(a), (b), (c) and (d); and 15 (25) (h). 16 17 Bremerton Critical Lands Ordinance Page 47 4 1.310 NONCONFOIt~/N~ USES/STRUCTURES. An established use or 5 existing structure that was lawfully permitted prior to adoption of 6 this chapter, but which is not in compliance with this chapter, may 7 continue subject to the provisions of the City of Bremerton Zoning 8 Ordinance, Chater XI, Nonconformities. 9 10 1.320 APPEALS. 11 An appeal of a decision regarding a critical area may be made in 12 accordance with the City of Bremerton Zoning Ordinance, Chapter X, 13 Administration and must be accompanied by a fee as provided in 14 Ordinance No. thereof. 15 16 1.330 ENFOR~. 17 A. No regulated activity, as defined in Section 1.030 hereof, 18 shall be conducted without a permit and without full 19 compliance with this chapter. Ail activities not allowed or 20 conditionally approved shall be prohibited. The Director and 21 authorized agents shall have authority to enter upon privately 22 owned land for the purpose of performing duties deemed 23 necessary for compliance with this chapter. This may include, 24 but is not limited to, all necessary examinations, surveys or 25 gathering of site samples. 26 B. The Director shall have authority to enforce this chapter, 27 issue delineation verifications, permits, and violation 28 notices, and process violations through the use of 29 administrative orders and/or civil and criminal actions. Law 30 enforcement officers or other authorized officials with police 31 power shall assist the Building and Land Use Services Division 32 in carrying out the duties necessary for compliance. Ail 33 costs, fees, and expenses in connection with enforcement of 34 such actions may be recovered as damages against the violator. 35 Any person who commits, takes part in or assists in any 36 violation of any provision of this chapter shall be guilty of 37 a misdemeanor and upon conviction may be fined in an amount 38 not to exceed $1,000 for each offense, be imprisoned for a 39 term not exceeding 90 days or be both fined and imprisoned. 40 Each violation of this act shall be considered a separate 41 offense, and in case of continuing violation, each day's 42 continuance shall be deemed to be a separate and distinct 43 offense. 44 C. In the event of violation, the City shall have the authority 45 to order restoration, enhancement, or creation measures to 46 compensate for the destroyed or degraded critical area. If 47 work is not completed in a reasonable time following the 48 order, the City may implement a process to restore or enhance Bremerton Critical Lands Ordinance Page48 1 the affected site or create new wetlands or streams to offset 2 loss as a result of violation in accordance with Section 1.280 3 hereof. The violator shall be liable for all costs of such 4 action, including administrative costs. 5 6 1.340 BEFERABILITY. 7 If any clause, sentence, paragraph, section, or part of this 8 chapter or the application thereof to any person or circumstances 9 shall be adjudged by any court of competent jurisdiction to be 10 invalid, such order or judgment shall be confined in its operation 11 to the controversy in which it was rendered and shall not affect'or 12 invalidate the remainder of any part thereof to any other person or 13 circumstances, and to this end, the provisions of each clause, 14 sentence, paragraph, section' or part of this chapter are hereby 15 declared to be severable. 16 Bremerton Critical Lands Ordinance Page 49