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
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4 A. ~cr r~si~cntial~.~.~.,,~..~~ .... ~ ..... ~ ~~ ~..~- lands c~ntaining
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' 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.
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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