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ORDINANCE NO. 4?bS
AN ORDINANCE of the City Council of the City of
Bremerton, Washington amending certain sections of Chapter
17.60 of the Bremerton Municipal Code relating to floodplain
management; repealing and replacing in its entirety Chapter 20.14
of the Bremerton Municipal Code entitled "Critical Areas"
establishing new and updated critical area regulations for the City
of Bremerton; and amending Table 040 of Chapter 20.02 of the
Bremerton Municipal Code relating to permitting.
WHEREAS, the state Growth Management Act (GMA) requires the adoption of
development regulations that protect the functions and values of critical areas (known as the
"Critical Area Ordinance" or CAO), including wetlands, fish and wildlife habitat conservation
areas, critical groundwater recharge areas, frequently flooded areas and geologically hazardous
in accordance with RCW 36.70A.170; and
WHEREAS, RCW 36.70A.172 requires local governments to include the best
available science ("BAS ") in developing policies and development regulations to protect the
functions and values of critical areas, and to give special consideration to conservation and
protection measures necessary to preserve or enhance anadromous fisheries; and
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WHEREAS, the City has considered and included the Best Available Science in
developing these regulations, consistent with RCW 36.70A.172 and WAC 365.195.900, and this
has been achieved through research and identification of relevant technical sources of
information, consultation with experts in the disciplines covered by these regulations, and
consultation and requests for technical information regarding best available science from state
and federal resource agencies; and
WHEREAS, preparation of this ordinance has included the use of relevant
nonscientific information, including consideration oflegal, social, policy, economic, and land
use issues and reflects the City's responsibilities under numerous laws anq programs, including
other provisions of the Growth Management Act, and the need to weigh and balance various
factors as part of decision making to accomplish municipal objectives; and
WHEREAS, the City will also use its authority under the State Environmental
Policy Act (SEP A) to identify, consider, and mitigate, where appropriate, significant adverse
effects on critical resources not otherwise addressed by the regulations of this Chapter; and
WHEREAS, Bremerton intends to review and monitor implementation of its
critical areas regulations and to use an adaptive management approach and will make
adjustments to the regulations, as appropriate, in response to changing conditicns, new
information about best available science, or empirical data indicating the effectiveness of its
regulatory program. This will occur in the context ofthe City's ongoing review and revision of
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its comprehensive plan and development regulations pursuant to the Growth Management Act;
and
WHEREAS, State of Washington legislation (ESHB 1933) requires Bremerton to
provide equivalent ecological protection for critical areas in the shoreline jurisdiction; and
WHEREAS, the City considered functions and values of its Shorelines of the
State in its investigation of best available science; and
WHEREAS, the City's inclusion of buffers of Shorelines of the State (previously
located in the Shoreline Master Program) in the critical area ordinance is designed to develop
standard stream/lake/shoreline buffer widths that would result in no net loss of functions and
values of these ecological features. Further, the City's regulations allow for both standard and
flexible buffers, ensuring that site developments proposing to substantially improve functions
and values may be allowed to reduce buffer widths with a site-specific habitat management plan;
and
WHEREAS, such modification to integrate the Shoreline Master Program buffers
in the Critical Areas ordinance is in the best interest of the public; and
WHEREAS, the City is not proposing any amendments to the goals and policies
of the Shoreline Master Program or the Shoreline Use Environment Designations maps at this
time as part of the Critical Areas Ordinance Update process; and
WHEREAS, the City will consider comprehensive Shoreline Master Program
amendments in a subsequent work program to comply with Shoreline Management Guidelines in
accordance with the timelines included in the State law;
WHEREAS, the City established a public participation program pursuant to RCW
36.70A.130(2) and provided notice of the update process pursuant to RCW 36.70A.035,
provided for early and continuous public participation pursuant to RCW 36.70A.140 by
publishing a meeting schedule, provided updates to the schedule on public television, City web
site, through legal and commercial paid advertisements in the newspaper; and
WHEREAS, the City formed a Citizen Advisory Committee (CAC), comprised of
interested citizens, in the Spring of2005 to provide direction for the update of the CAO and
several meetings were held with this group and their input was solicited for comments on the
draft CAO; and
WHEREAS, during the fall of 2005 the City formed a Technical Advisory
Committee (TAC), comprised of professionals from State Department of Ecology, State
Department Fish and Wildlife, Puget Sound Action Team, Suquamish Tribe, Home Builders
Association of Kitsap County, and others to review and provide feedback on the draft CAO; and
WHEREAS, on December 20, 2005 a draft CAO was released and it was broadly
advertised that the public was invited to review and comment on the draft; and
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WHEREAS, on December 20, 2005 a draft CAO was circulated to the State
Agencies for the requisite 60-day review and comment period; and
WHEREAS, on January 6, 2006 the City issued a SEP A Determination of
Nonsignificance with an appeal deadline of January 30, 2006 and no appeals were filed; and
WHEREAS, during December 2005, January 2006 and February 2006 the
Planning Commission conducted several workshops to discuss the draft ordinance and invited
the CAC, T AC, and general public to provide feedback on the draft; and
WHEREAS, the City has provided opportunity for the public to comment on the
review and suggest needed revisions of the plan and regulations, and held public hearings with
the Planning Commission on February 14, 2006 and February 28,2006 and with the City
Council on March 15,2006; and
WHEREAS, the City considered and responded to government agency and public
comments as compiled and documented in "Summary of Public Comments" dated February 28,
2006; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The findings and conclusions adopted by the Planning Commission
attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein.
SECTION 2. Section 17.60.070 of the Bremerton Municipal Code entitled
"Basis for Establishing the Areas of Special Flood Hazard" is hereby amended to read as
follows:
17.60.070 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD.
The areas of special flood hazard identified by the Federal Insurance Administration in a
scientific and engineering report entitled "The Flood Insurance Study for the City of Bremerton"
dated February, 1979, with accompanying flood insurance maps is adopted by reference and
declared to be a part of this Chapter. The flood insurance study is on file at the Bremerton
Planning Depa.rtment and Engineering Dep&rtment, 239 1th StrsetDepartment of Community
Development, 345 6th Street, Suite 600, Bremerton, W A 98337W.
SECTION 3. Section 17.60.250 of the Bremerton Municipal Code entitled
"Construction Materials and Methods" is hereby amended to read as follows:
17.60.250 CONSTRUCTION MATERIALS AND METHODS.
(a) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
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(b) All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage.
(c) Electrical, heating, ventilation, plumbing and airconditioned equipment and other
service facilities shall be designed and/or otherwise elevated or located at least one (1) foot
above the base flood elevation so as to prevent water from entering or accumulating within the
components during conditions of flooding.
SECTION 4. Section 17.60.300 of the Bremerton Municipal Code entitled
"Residential Construction" is hereby amended to read as follows:
17.60.300 RESIDENTIAL CONSTRUCTION.
(a) New construction and substantial improvement of any residential structure shall
have the lowest floor, including basement, elevated to er-one (1 ) foot or more above base flood
elevation.
(b) Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or architect or must meet or exceed
the following minimum criteria:
(1) A minimum of two openings have a total net area of not less than one
square inch of every square foot of enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than one foot above grade.
(3) Openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
SECTION 5. Section 17.60.310 of the Bremerton Municipal Code entitled
"Nonresidential Construction" is hereby amended to read as follows:
17.60.310 NONRESIDENTIAL CONSTRUCTION.
New construction and substantial improvement of any commercial, industrial or other
nonresidential structure shall either have the lowest floor, including basement, elevated to one
(1) foot or more above the level of the base flood elevation; or, together with attendant utility and
sanitary facilities, shall:
(a) Be floodproofed so that below one (1) foot or more above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water;
(b) Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
( c) Be certified by a registered professional engineer or architect that the standards of
this section are satisfied. Such certifications shall be provided to the official as set forth in
17.60.140(3)(B).
(d) Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in 17 .60.300(b).
(e) Applicants floodproofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a
building constructed to the base flood level will be rated as one foot below that level).
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SECTION 6. Section 17.60.320 of the Bremerton Municipal Code entitled
"Mobile Homes" is hereby amended to read as follows:
17.60.320 MOBILE HOMES.
(a) Mobile homes shall be anchored in accordance with 17.60.240.
(b) For new mobile home parks and mobile home subdivisions; for expansions to
existing mobile home parks and mobile home subdivisions; for existing mobile home parks and
mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities
and pads equals or exceeds fifty percent of value of the streets, utilities and pads before the
repair, reconstruction or improvement has commenced; and for mobile homes not placed in a
mobile home subdivision, require that:
(1) Stands or lots are elevated on compacted fill or on pilings so that the
lowest floor ofthe mobile home will be at-erone (1 ) foot or more above the base flood level;
(2) Adequate surface drainage and access for a hauler are provided; and
(3) In the instance of elevation on pilings, that:
i. Lots are large enough to permit steps;
ii. Piling foundations are placed in stable soil no more than ten feet
apart, and
111. Reinforcement is provided for pilings more than six feet above the
ground level.
(4) No mobile home shall be placed in a floodways except in an existing
mobile home park or existing mobile home subdivision.
SECTION 7. Chapter 20.14 of the Bremerton Municipal Code is hereby repealed
in its entirety and a new Chapter 20.14 of the Bremerton Municipal Code entitled "Critical
Areas" is created to read as follows:
CHAPTER 20.14
CRITICAL AREAS
20.14.100 GENERAL PROVISIONS.
Sections 20.14.100 through 20.14.175 of this Chapter are general provisions pertaining to
Critical Areas.
20.14.110 PURPOSE.
The purpose of this Chapter is to protect the public health, safety, and welfare by
establishing provisions to classify, protect, and preserve Bremerton's critical areas and their
functions and values; by providing standards for development in association with these areas.
The identification and protection of critical areas is required by the Washington State Growth
Management Act of 1990 (Chapter 17, Laws of 1990).
20.14.115 INTENT.
Critical areas include Wetlands, Critical Aquifer Recharge Areas, Frequently Flooded Areas,
Geologically Hazardous Areas, and Fish and Wildlife Habitat Conservation Areas. The intent of
this Chapter is to preserve the beneficial functions and values of critical areas, and to minimize
potential dangers or public costs associated with the inappropriate use of such areas, and to
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manage development in or adjacent to critical areas. This Chapter contains classification criteria
and preservation standards for each type of critical area. Classification criteria identify physical
characteristics by which critical areas are designated. Preservation standards protect critical
areas from degradation caused by improper development. These criteria and standards will
secure the public health, safety and welfare by:
(a) Reducing risk of damage due to erosion, flooding, and land slides;
(b) Reducing the risks to the public from personal injury, loss of life, or property
damage;
(c) Maintaining surface water quality and protecting groundwater areas which help
recharge (purify or re-supply) rivers, streams, and aquifers;
(d) Maintaining and protecting priority fish and wildlife habitats;
( e) Maintaining and protecting the habitat of threatened and endangered wildlife
specIes;
(t) Avoiding public expenditures to correct damaged or degraded critical ecosystems;
(g) Alerting appraisers, assessors, owners, potential buyers, or lessees to the potential
presence of a critical ecosystem and possible development limitations;
(h) Providing flexibility and attention to site-specific characteristics when
administering code, allowing for reasonable use of private property and the provision of public
facilities and services necessary to support existing development;
(i) Applying the best available science, as determined according to WAC 365-195-
900 through 365-195-925;
(j) Implementing the goals, policies, guidelines, and requirements of Bremerton's
Comprehensive Plan and the Washington State Growth Management Act.
20.14.120 SCOPE AND APPLICABILITY.
(a) General. This Chapter applies to any public or private activity or action which
would alter the condition of any land, water or vegetation, or construct or alter any structure or
improvement regulated by this title, on any land which meets the classification standards for any
critical area defined herein. Such activities or actions include but are not limited to:
(1) Building, demolition, clearing, grubbing, grading, filling;
(2) Subdivisions and short plats;
(3) Reclassifications, site plan approvals, shoreline substantial development
permit, and special and conditional use permit
(4) Temporary use permits, variances, exceptions and waivers.
(b) Where one site is classified as containing two or more critical areas, the project
shall meet the minimum standards and requirements for each identified critical area as set forth
in this Chapter.
(c) Mapping. Critical areas may be located through the use of any and all
information from the Unites Stated Department of Agriculture, Department ofFish and Wildlife,
National Resources Conservation Service, the United States Geological Survey, the Washington
Department of Ecology, the Coastal Zone Atlas, the National Wetlands Inventory maps,
Bremerton topography maps, the Kitsap County Generalized Wetland and Critical Areas
Inventory maps, Kitsap Public Utilities District maps, and Kitsap County Assessor's maps, and
other Geographical Information Systems (GIS) data provided by Kitsap County. The maps
above listed maps and data sources are only guidelines available for reference. The actual
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location of critical areas must be determined on a site-by-site basis according to the classification
criteria found in this Chapter.
20.14.125 RELATIONSHIP TO OTHER REGULATIONS.
Applications for permits and approvals are subject to the provisions ofthis Chapter as
well as to other provision of State and City law, including all other Chapters of the Title 20 Land
Development Code. Where this Chapter imposes greater restrictions than existing regulations,
easements, covenants or deed restrictions, the provisions ofthis Chapter shall prevail.
20.14.130 ADMINISTRATION AND PROCEDURES.
The requirements and criteria of this Chapter shall be applied at the time of application
for any development proposal, land use project or non-project action requiring permit approval
subject to the BMC. The requirements and criteria of this Chapter shall be applied in
conjunction with review for permits required by other Chapters of the BMC. Procedures
specifically related to the application of this Chapter are as follows:
(a) Project Permits: The procedures as set forth in Chapter 20.02 BMC, Project
Permits, shall apply unless modified by this Chapter;
(b) Pre-Submittal Conference. Any applicant intending to construct, grade or
conduct any activity subject to this Chapter in a critical area or its buffer is encouraged to
schedule a pre-submittal conference during the earliest possible stages of project planning to
discuss impact avoidance before large commitments have been made to a particular project
design. Effort put into pre-submittal conferences and planning will help applicants create
projects which will be more quickly and easily processed;
(c) Burden of Pro of Applications for any proposal subject to this Chapter shall be
reviewed by the Department of Community Development for completeness and consistency with
this Chapter. At every stage, the burden of proof demonstrating that any proposed development
is consistent with this title is upon the applicant.
(d) Special Reports: When a critical area is on site, or the Department of Community
Development determines a likelihood that a critical area is on site, the Department may require
submittal of additional special reports and studies prepared by qualified specialists to make an
assessment or delineation of the critical area. Sections ofthis Chapter include detailed
procedures for preparation of special reports.
(e) Site Plan: Applications for any proposal subject to this Chapter shall include a
site plan drawn to scale identifying locations of critical areas in addition to proposed structures
and activities. Site Plan submittal shall meet the standards ofBMC 20.58.080, Site Plan Review.
(f) Conditions: The Director may attach any conditions deemed necessary to
miniinize or avoid impacts to any critical area in order to meet the requirements and intent of this
Chapter. Development may be prohibited in a proposed site based on criteria set forth in this
Chapter.
(g) Notice to Title and Hold Harmless: The owner of any property upon which
approval under Title 20 BMC, or Title 17 BMC is sought, with a critical area or critical area
buffer verified on site through an assessment delineation or permit application, shall record a
"Notice to Title" of the presence of the critical area and/or buffer with the Kitsap County Auditor
when required by the Department. The Department may require recording of a "Notice to Title
and Hold Harmless" in cases where a site-specific critical area could pose potential threats to
safety or property if altered through future acts. Said document shall also serve as a Hold
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Harmless and Covenant holding the City harmless from claims due to soil disturbances or any
development on the property in conjunction with issuance of development permits by the city.
The notice shall be notarized and the applicant must submit proofthat the notice has been legally
recorded before the final approval for development is issued.
(h) Time Limit: The approvals granted under this Chapter shall be valid for the same
time period as the underlying permit (e.g. preliminary plat, building permit etc.). If the
underlying permit does not contain a specified expiration date, then approvals granted under this
Title shall be valid for a period ofthree (3) years from the date of issue, unless a longer or
shorter period is specified by the Department.
(i) Activities Not Requiring a Permit: If an activity is subject to this Chapter per
BMC 20.14.120 but is not subject to any established City permit, the proponent shall obtain
written authorization from the Department prior to commencement, to ensure compliance with
the Chapter.
(j) Modifications and Reductions. Modifications or reductions to critical areas
buffers, setbacks, or other standards through a site-specific or special report shall be processed as
a Type I (for applications where the underlying permit does not require SEP A) or Type II (for
applications where the underlying permit requires SEPA) decision per BMC 20.01.160
Table 040.
20.14.140 APPEALS.
An appeal of a decision regarding a critical area may be made in accordance with the
Zoning Code, BMC 20.02.140.
20.14.145 EXEMPTIONS.
An exemption means that an activity is fully exempt from critical areas review, and not
subject to the provisions of this Chapter. The proponent of the activity may submit a written
request for exemption to the Director that describes the activity and states the exemption listed in
this Section that applies. The Director shall review the request to verify that it complies with this
Chapter and approve or deny the exemption as a Type I administrative determination. All
exempted activities shall use Best Management Practices to the greatest possible extent to avoid
potential impacts to critical areas. The following developments, activities and associated uses
shall be exempt:
(a) Emergencies: Emergency activities are those activities necessary to prevent an
immediate threat to public health safety or welfare, or that pose an immediate risk of damage to
property and that require remedial or preventative action in a short timeframe. The person or
agency undertaking such action shall notify the Department, and the Director shall determine if
the action takes as within the scope of the emergency action allowed in this Section. After the
emergency, the person or agency shall fully restore and/or mitigate any impacts to the critical
areas and buffers resulting from the action in accordance with an approved critical area report
and mitigation plan.
(b) Operation Maintenance or Repair: Operation maintenance or repair of existing
structures not requiring permits, ifthe activity does not further alter or increase the impact to
critical areas or their buffers.
(c) Passive Outdoor Activities: Recreation, education, and scientific research
activities that do not degrade the critical area.
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(d) Forest Practices: Forest practices regulated and conducted in accordance with the
provisions of Chapter 76.09 RCW and forest practices regulations, Title 222 WAC.
(e) Existing Infrastructure Maintenance and Repair: Maintenance and repair of
legally existing roads, utilities, infrastructure and associated facilities.
(f) Activities Within the Improved Right-o.fWay. Construction of new utility
facilities, improvements or upgrades to existing utility facilities that take place within existing
improved right-of-way or existing impervious surface that do not increase the amount of
impervious surface.
20.14.150 PUBLIC AGENCY EXCEPTION.
An exception means that an activity may receive special consideration and relief from
certain provision of this Chapter, but the activity is subject to the Chapter, and must undergo full
critical areas review. Public agencies may make an application for exception to the Department
for construction of items such as new roads, utilities, infrastructure and associated facilities. The
application shall include critical area identification; critical area report, including mitigation plan
if necessary; and any other related project documents such as environmental documents pursuant
to SEPA Chapter 43.21C RCW. The decision whether to grant the Public Agency Utility
Exception shall be processed as a Type III Hearing Examiner Decision per Chapter 20.02 BMC
pursuant to the following review criteria:
(a) There is no other practical alternative to the proposed development with less
impact on the critical areas; and
(b) The application of this Chapter would unreasonably restrict the ability to provide
utility services to the public.
20.14.155 REASONABLE USE EXCEPTION
An exception means that an activity may receive special consideration and relief from
certain provision ofthis Chapter, but the activity is subject to the Chapter, and must undergo full
critical areas review. An applicant may apply for a reasonable use exception if it can be
demonstrated that application of this Chapter would deny all reasonable use ofthe subject
property. The application shall include critical areas identification; critical areas report including
mitigation plan if necessary; and any other related project documents such as environmental
documents and special studies. The decision whether to grant the Reasonable Use Exception
shall be processed as a Type III Hearing Examiner Decision per Chapter 20.02 BMC pursuant to
the following review criteria:
(a) The application of this Chapter would deny all reasonable use of the property;
(b) No other reasonable use of the property has less impact on the critical area;
( c) Any alteration is the minimum necessary to allow for reasonable use of the
property; and
(d) The inability of the applicant to derive reasonable use ofthe property is not the
result of actions by the applicant after the effective date of this Title, or its predecessor.
20.14.160 NONCONFORMING USES/STRUCTURES
An established use or existing structure that was lawfully permitted prior to the adoption
ofthis Chapter, but which is not in compliance with this Chapter, may continue subject to the
provisions of the Zoning Code, Chapter 20.54 BMC.
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20.14.165 BONDS
All bonds and acceptable securities guaranteeing compliance with this Chapter shall be
set in the amount of one-hundred-fifty percent (150%) of the average expected value of the
project. The value ofthe bond shall be based on the average ofthree contract bids that establish
all costs of compensation, including costs relative to performance, monitoring, maintenance, and
provision for contingency plans.
(a) Performance bonds: Except for public agencies, applicants receiving a permit are
required to post a cash performance bond or other acceptable security to guarantee compliance
with this Chapter prior to beginning any site work. The surety shall guarantee that work and
materials used in construction are free from defects. All bonds shall be approved by the City
Attorney. The surety or bonds cannot be terminated or canceled without written approval. The
Director shall release the bond after documented proof that all structures and improvements have
been shown to meet the requirements of this Chapter and that a maintenance bond has been
posted, if required.
(b) Maintenance bonds: Except for public agencies, an applicant shall be required to
post a cash maintenance bond or other acceptable security guaranteeing that structures and
improvements required by this Chapter will perform satisfactorily for a minimum of three years
after they have been constructed and approved. All bonds shall be on a form approved by the
City Attorney. Without written release, the bond cannot be canceled or terminated. The Director
shall release the bond after determination that the performance standards established for
measuring the effectiveness and success ofthe project have been met.
20.14.170 ENFORCEMENT
(a) No regulated activity, as defined in BMC 20.14.020 shall be conducted without a
permit and without full compliance with this Chapter. All activities not allowed or conditionally
approved shall be prohibited.
(b) The Director shall have authority to enforce this Chapter, issue delineation
verifications, permits, and violation notices, and process violations through the use of
administrative orders and/or civil and criminal actions as provided for herein, and as listed in
BMC 20.40.180 of the Zoning Code.
(c) In the event of violation, the City shall have the authority to order restoration,
enhancement, or creation measures to compensate for the destroyed or degraded critical area. If
work is not completed in a reasonable time following the order, the City may implement a
process to r~store or enhance the affected site. This includes creation of new wetlands or streams
to offset loss as a result of violation of the provisions in this Chapter. The violator shall be liable
for all costs of such action, including administrative costs.
(d) Failure to comply with an administrative order of the Director under this section
shall constitute a violation subject to enforcement pursuant to this section.
20.14.175 VIOLATION - PENALTY.
(a) Any violation of any provision ofthis chapter constitutes a civil violation under
Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or
enforcement may be required as provided therein.
(b) In addition to or as an alternative to any other penalty provided in this chapter or
by law, any person who violates any provision of this chapter shall by guilty of a misdemeanor
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pursuant to BMC 1.12.020(2). Each day, or a portion thereof, during which a violation occurs
shall constitute a separate violation.
20.14.180 SEVERABILITY.
If any clause, sentence, paragraph, section, or part of this Chapter or the application
thereof to any person or circumstances shall be adjudged by any court of competent jurisdiction
to be invalid, such order or judgment shall be confined in its operation to the controversy in
which it was rendered and shall not affect or invalidate the remainder of any part thereof to any
other person or circumstances, and to this end, the provisions of each clause, sentence,
paragraph, section or part of this Chapter are hereby declared to be severable.
20.14.200 DEFINITIONS.
Words not defined in this Title shall be as defined in the Bremerton Municipal Code, the
Washington Administrative Code, or the Revised Code of Washington. Words not found in
either code shall be as defined in the Webster's Third New International Dictionary, latest
edition.
Active Fault - A fault that is considered likely to undergo renewed movement within a period of
concern to humans. Faults are commonly considered to be active if the fault has moved one or
more times in the last 10,000 years, but faults may also be considered active in some cases if
movement has occurred in the last 500,000 years.
Adaptive Management - Adaptive management relies on scientific methods to evaluate how
well regulatory and non-regulatory actions protect the critical area. An adaptive management
program is a formal and deliberate scientific approach to taking action and obtaining information
in the face of uncertainty.
Adjacent - For the purposes of this Chapter, immediately adjoining (in contact with the
boundary of the influence area) or within a distance that is less than that needed to separate
activities from critical areas to ensure protection ofthe functions and values ofthe critical areas.
Adjacent shall mean any activity or development located:
A. On a site immediately adjoining a critical area;
B. A distance equal to or less than the required critical area buffer width and building
setback;
C. A distance equal to or less than one-half mile (2,640 feet) from a bald eagle nest;
D. A distance equal to or less than three hundred (300) feet upland from a stream, wetland,
or water body;
E. Bordering or within the floodway, floodplain, or channel migration zone; or
F. A distance equal to or less than two hundred (200) feet from a critical aquifer recharge
area.
Advance Mitigation - Mitigation of an anticipated critical area impact or hazard completed
according to an approved critical area report and prior to site development.
Agricultural Land - Land primarily devoted to the commercial production of horticultural,
viticultural, floricultural, dairy, apiary, or animal products or of berries, grain, hay, straw, turf,
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seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through
84.33.140, or livestock, and or that has been designated as long-term commercial significance for
agricultural production.
Alluvial Fan Flooding - Flooding occurring on the surface of an alluvial fan or similar landform
which originates at the apex and is characterized by high-velocity flows; active processes of
erosion, sediment transport, and deposition; and unpredictable flow paths.
Alteration - Any human induced change in an existing condition of a critical area or its buffer.
Alterations include, but are not limited to clearing, grubbing, grading, filling, channelizing,
dredging, clearing (vegetation), construction, compaction, excavation, or any other activity that
changes the character ofthe critical area.
Anadromous Fish - Fish that spawn and rear in freshwater and mature in the marine
environment. While Pacific salmon die after their first spawning, adult char (bull trout) can live
for many years, moving in and out of saltwater and spawning each year. The life history of
Pacific salmon and char contains critical periods of time when these fish are more susceptible to
environmental and physical damage than at other times. The life history of salmon, for example,
contains the following stages: upstream migration of adults, spawning, inter-gravel incubation,
rearing, smoltification (the time period needed for juveniles to adjust their body functions to live
in the marine environment), downstream migration, and ocean rearing to adults.
Applicant - A person who files an application for permit under this Title and who is either the
owner of the land on which that proposed activity would be located, a contract purchaser, or the
authorized agent of such a person.
Aquifer - A geological formation, group of formations, or part of a formation that is capable of
yielding a significant amount of water to a well or spring.
Aquifer, Confined - An aquifer bounded above and below by beds of distinctly lower
permeability than that of the aquifer itself and that contains ground water under sufficient
pressure for the water to rise above the top of the aquifer.
Aquifer Recharge Areas - Areas that, due to the presence of certain soils, geology, and surface
water, act to recharge ground water by percolation.
Aquifer, Sole Source - An area designated by the U.S. Environmental Protection Agency under
the Safe Drinking Water Act of 1974, Section 1424(e). The aquiferes) must supply fifty percent
(50%) or more ofthe drinking water for an area without a sufficient replacement available.
Aquifer Susceptibility - The ease with which contaminants can move from the land surface to
the aquifer based solely on the types of surface and subsurface materials in the area.
Susceptibility usually defines the rate at which a contaminant will reach an aquifer unimpeded by
chemical interactions with the vadose zone media.
12
Critical Areas
Aquifer, Unconfined - An aquifer not bounded above by a bed of distinctly lower permeability
than that of the aquifer itself and containing ground water under pressure approximately equal to
that of the atmosphere. This term is synonymous with the term "water table aquifer."
Area of Shallow Flooding - An area designated AO or AH Zone on the flood insurance map(s).
The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not
exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
AO is characterized as sheet flow and AH indicates ponding.
Base Flood - A flood event having a one percent (1 %) chance of being equaled or exceeded in
any given year, also referred to as the lOa-year flood. Designations of base flood areas on flood
insurance map(s) always include the letters A or V.
Basement - Any area of the building having its floor below ground level on all sides.
Best Available Science - Current scientific information used in the process to designate, protect,
or restore critical areas, which is derived from a valid scientific process as defined by WAC 365-
195-900 through 925. Sources of the best available science are included in Citations of
Recommended Sources of Best Available Science for Designating and Protecting Critical Areas
published by the Washington State Department of Community, Trade and Economic
Development.
Best Management Practices (BMPs) - Conservation practices or systems of practices and
management measures that:
A. Control soil loss and reduce water quality degradation caused by high concentrations of
nutrients, animal waste, toxics, and sediment;
B. Minimize adverse impacts to surface water and ground water flow and circulation
patterns and to the chemical, physical, and biological characteristics of wetlands;
C. Protect trees and vegetation designated to be retained during and following site
construction and use native plant species appropriate to the site for re-vegetation of disturbed
areas; and
D. Provide standards for proper use of chemical herbicides within critical areas.
The City shall monitor the application of best management practices to ensure that the
standards and policies of this Title are adhered to.
Biodiversity - The variety of animal and plant life and its ecological processes and
interconnections - represented by the richness of ecological systems and the life that depends on
them, including human life and economies.
Breakaway W all- A wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting foundation system.
Buffer or Buffer Zone - An area that is contiguous to and protects a critical area which is
required for the continued maintenance, functioning, and/or structural stability of a critical area.
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Critical Areas
Channel Migration Zone (CMZ) - The lateral extent of likely movement along a stream or
river during the next one-hundred (l00) years as determined by evidence of active stream
channel movement over the past one-hundred (100) years. Evidence of active movement over
the one-hundred (100) year time frame can be inferred from aerial photos or from specific
channel and valley bottom characteristics. The time span typically represents the time it takes to
grow mature trees that can provide functional large woody debris to streams. A CMZ is not
typically present if the valley width is generally less than two (2) bankfull widths, if the stream
or river is confined by terraces, no current or historical aerial photographic evidence exists of
significant channel movement, and there is no field evidence of secondary channels with recent
scour from stream flow or progressive bank erosion at meander bends. Areas separated from the
active channel by legally existing artificial channel constraints that limit bank erosion and
channel avulsion without hydraulic connections shall not be considered within the CMZ.
Clearing - The removal of non-invasive surface vegetation including but not limited to brush,
shrubs, natural grasses, and trees. Removal of surface vegetation in quantities greater than the
minimum necessary to maintain a well-functioning natural habitat constitutes clearing. For the
purposes of this Chapter, activities described in BMC 20.14.630(f), Vegetation Thinning,
constitutes clearing.
Coastal High Hazard Area - An area of special flood hazard extending from offshore to the
inland limit of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. The area is designated on the flood
insurance map(s) as Zone Vl-30, VE, or V.
Compensation Project - Actions necessary to replace project-induced critical area and buffer
losses, including land acquisition, planning, construction plans, monitoring, and contingency
actions.
Compensatory Mitigation - Replacing project-induced losses or impacts to a critical area, and
includes, but is not limited to, the following:
Restoration - Actions performed to reestablish critical areas functional characteristics and
processes that have been lost by alterations, activities, or catastrophic events within an area that
no longer meets the definition of a wetland.
Creation - Actions performed to intentionally establish a critical area such as a wetland at a
site where it did not formerly exist.
Enhancement - Actions performed to improve the condition of existing degraded critical
areas such as a wetland so that the functions they provide are of a higher quality.
Preservation - Actions taken to ensure the permanent protection of existing, high-quality
critical areas such as wetlands.
Conservation Easement - A legal agreement that the property owner enters into to restrict uses
of the land. Such restrictions can include, but are not limited to, passive recreation uses such as
trails or scientific uses and fences or other barriers to protect habitat. The easement is recorded
on a property deed, runs with the land, and is legally binding on all present and future owners of
the property, therefore, providing permanent or long-term protection.
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Critical Areas
Critical Aquifer Recharge Area - Areas determined to have a critical recharging effect on
aquifers used for potable water as classified per BMC 20.14.420.
Critical Areas - Critical areas include any of the following areas or ecosystems: aquifer
recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas,
geologically hazardous areas, and wetlands, as defined in RCW 36.70A and this Title.
Critical Area Tract - Land held in private ownership and retained in an open condition in
perpetuity for the protection of critical areas. Lands within this type of dedication may include
but are not limited to, portions and combinations of forest habitats, grasslands, shrub steppe, on-
site watersheds, 100-year floodplains, shorelines or shorelines of statewide significance, riparian
areas, and wetlands.
Critical Facility - A facility for which even a slight chance of flooding, inundation, or impact
from a hazard event might be too great. Critical facilities include, but are not limited to, schools,
nursing homes, hospitals, police, fire and emergency response installations, and installations that
produce, use, or store hazardous materials or hazardous waste.
Critical Species - All animal and plant species listed by the state or federal government as
threatened or endangered.
Cumulative Impacts or Effects - The combined, incremental effects of human activity on
ecological or critical areas functions and values. Cumulative impacts result when the effects of
an action are added to or interact with other effects in a particular place and within a particular
time. It is the combination of these effects, and any resulting environmental degradation, that
should be the focus of cumulative impact analysis and changes to policies and permitting
decisions.
Danger Tree - A tree that is dead, or is so affected by a significant structural defect or disease
that falling or failure appears imminent, or a tree that impedes safe vision or traffic flow, or that
otherwise currently poses a threat to life or property.
Department - Unless otherwise noted, Department is defined as the City of Bremerton
Department of Community Development.
Developable Area - A site or portion of a site that may be utilized as the location of
development, in accordance with the rules of this Title.
Development - Any activity upon the land consisting of construction or alteration of structures,
earth movement, dredging, dumping, grading, filling, mining, removal of any sand, gravel, or
minerals, driving of piles, drilling operations, bulkheading, clearing of vegetation, or other land
disturbance. Development includes the storage or use of equipment or materials inconsistent
with the existing use. Development also includes approvals issued by the [city/county] that
binds land to specific patterns of use, including but not limited to, subdivisions, short
15
Critical Areas
subdivisions, zone changes, conditional use permits, and binding site plans. Development
activity does not include the following activities:
A. Interior building improvements.
B. Exterior structure maintenance activities, including painting and roofing.
C. Routine landscape maintenance of established, omamentallandscaping, such as lawn
mowing, pruning, and weeding.
D. Maintenance of the following existing facilities that does not expand the affected area:
septic tanks (routine cleaning); wells; individual utility service connections; and individual
cemetery plots in established and approved cemeteries.
Development Permit - Any permit issued by the City, or other authorized agency, for
construction, land use, or the alteration of land.
Director - The Director of the Bremerton Department of Community Development or other
responsible official, or other city staff granted the authority to act on behalf of the Director.
Elevated Building - A building that has no basement and its lowest elevated floor is raised
above ground level by foundation walls, shear walls, post, piers, pilings, or columns.
Emergent Wetland - A wetland with at least thirty percent (30%) ofthe surface area covered by
erect, rooted, herbaceous vegetation extending above the water surface as the uppermost
vegetative strata.
Erosion - The process whereby wind, rain, water, and other natural agents mobilize and
transport particles.
Exotic - Any species of plants or animals, which are foreign to the planning area.
Fish and Wildlife Habitat Conservation Areas - Areas necessary for maintaining species in
suitable habitats within their natural geographic distribution so that isolated subpopulations are
not created as designated by WAC 365-190-080(5). These areas include:
A. Areas with which state or federally designated endangered, threatened, and sensitive
species have a primary association;
B. Priority Habitat Species and species of local importance, including but not limited to
areas designated as priority habitat by the Washington Department of Fish and Wildlife;
C. Streams and watercourses used by juvenile salmonids, and habitat of species essential to
the juvenile salmonid diet;
D. Commercial and recreational shellfish areas;
E. Kelp, eelgrass beds, and sandlance spawning habitat;
F. Herring and smelt spawning areas;
G. Naturally occurring ponds under twenty (20) acres and their submerged aquatic beds that
provide fish or wildlife habitat, including those artificial ponds intentionally created from dry
areas in order to mitigate impacts to ponds;
H. Waters of the state, including lakes, rivers, ponds, streams, inland waters, underground
waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the
state of Washington;
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Critical Areas
1. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal
entity;
J. State natural area preserves and natural resource conservation areas; and
K. Land essential for preserving connections between habitat blocks and open spaces.
Fish Habitat - Habitat that is used by fish at any life stage at any time of the year, including
potential habitat likely to be used by fish that could be recovered by restoration or management
and includes off-channel habitat.
Flood or Flooding - A general and temporary condition of partial or complete inundation of
normally dry land areas from the overflow of inland waters and/or the unusual and rapid
accumulation of runoff of surface waters from any source.
Flood Insurance Map - The official map on which the Federal Insurance Administration has
delineated the areas of special flood hazards and include the risk premium zones applicable to
the community. Also known as "flood insurance rate map" or "FIRM."
Flood Insurance Study - The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Boundary- Floodway Map, and the water surface elevation
of the base flood.
Floodplain - The total land area adjoining a river, stream, watercourse, or lake subject to
inundation by the base flood.
Flood Protection Elevation - The elevation that is one (1) foot above the base flood elevation.
Flood Resistant Material- Materials designed to be resistant to the impacts associated with
flooding and defined and described in detail in the Federal Emergency Management Agency's
Technical Bulletin #2-93, 1993 and FEMA publication FEMA-348, Protecting Building Utilities
from Flood Damage.
Floodway - The channel of a river or other watercourse and the adjacent land area that must be
reserved in order to discharge the base flood without cumulatively increasing the surface water
elevation more that one (1) foot. Also known as the "zero rise floodway."
Forested Wetland - A wetland with at least thirty percent (30%) ofthe surface area covered by
woody vegetation greater than twenty (20) feet in height that is at least partially rooted within the
wetland.
Formation - An assemblage of earth materials grouped together into a unit that is convenient for
description or mapping.
Formation, Confining - The relatively impermeable formation immediately overlying a
confined aquifer.
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Critical Areas
Frequently Flooded Areas - Lands in the floodplain subject to a one percent (1 %) or greater
chance of flooding in any given year and those lands that provide important flood storage,
conveyance, and attenuation functions, as determined by the [Director] in accordance with WAC
365-190-080(3). Frequently flooded areas perform important hydrologic functions and may
present a risk to persons and property. Classifications of frequently flooded areas include, at a
minimum, the 100-year floodplain designations of the Federal Emergency Management Agency
and the National Flood Insurance Program.
Functions and Values - The beneficial roles served by critical areas including, but are not
limited to, water quality protection and enhancement; fish and wildlife habitat; food chain
support; flood storage, conveyance and attenuation; ground water recharge and discharge;
erosion control; wave attenuation; protection from hazards; historical, archaeological, and
aesthetic value protection; educational opportunities; and recreation. These beneficial roles are
not listed in order of priority. Critical area functions can be used to help set targets (species
composition, structure, etc.) for managed areas, including mitigation sites.
Geologically Hazardous Areas - Areas that may not be suited to development consistent with
public health, safety, or environmental standards, because of their steep slopes, susceptibility to
erosion, sliding, earthquake, or other geological events. For the purposes of this code
geologically hazardous areas are those areas receiving High or Moderate Geologically
Hazardous classifications per the Geologically Hazardous Areas Sections of this Chapter.
Ground Water - Water in a saturated zone or stratum beneath the surface of land or a surface
water body.
Ground Water Management Area - A specific geographic area or subarea designated pursuant
to Chapter 173-100 WAC for which a ground water management program is required.
Ground Water Management Program - A comprehensive program designed to protect ground
water quality, to ensure ground water quantity, and to provide for efficient management of water
resources while recognizing existing ground water rights and meeting future needs consistent
with local and state objectives, policies, and authorities within a designated ground water
management area or subarea and developed pursuant to Chapter 173-1 00 WAC.
Ground Water, Perched - Ground water in a saturated zone is separated from the underlying
main body of ground water by an unsaturated rock zone
Grading - Excavating, filling or embanking of earth materials in quantities equal to or greater
than fifty (50) cubic yards, as specified per the Bremerton Municipal Code grading permit
requirement.
Grubbing - The removal of vegetative matter from underground, such as sod, stumps, roots,
buried logs or other debris, and shall include the incidental removal of topsoil and earth in
quantities lesser than fifty (50) cubic yards.
Habitat Conservation Areas - Areas designated as fish and wildlife habitat conservation areas.
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Critical Areas
Habitat Management Plan (HMP) - "Habitat Management Plan" means a report
prepared by a professional wildlife biologist or fisheries biologist which discusses and evaluates
critical fish and wildlife habitat functions and evaluates the measures necessary to maintain,
enhance and improve habitat conservation on a proposed development site.
Habitats of Local Importance - These areas include a seasonal range or habitat element with
which a given species has a primary association, and which, if altered may reduce the likelihood
that the species will maintain and reproduce over the long-term. These might include areas of
high relative density or species richness, breeding habitat, winter range, and movement corridors.
These might also include habitats that are oflimited availability or high vulnerability to
alterations such as cliffs, talus, and wetlands. (WAC 365-190-030)
Hazard Areas - Areas designated as frequently flooded areas or geologically hazardous areas
due to potential for erosion, landslide, seismic activity, mine collapse, or other geological
condition.
Hazardous Substances - Any liquid, solid, gas, or sludge, including any material, substance,
product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical,
or biological properties described in WAC 173-303-090 or 173-303-100.
High Intensity Land Use - Land uses which are associated with high levels of human
disturbance or substantial habitat impacts including, but not limited to, medium- and high-
density residential (more than one home per five acres), multifamily residential, some
agricultural practices, and commercial and industrial land uses.
High Quality Wetlands - Those wetlands that meet the following criteria:
A. No, or isolated, human alteration of the wetland topography;
B. No human-caused alteration ofthe hydrology or the wetland appears to have recovered from
the alteration;
C. Low cover and frequency of exotic plant species;
D. Relatively little human-related disturbance of the native vegetation, or recovery from past
disturbance;
E. If the wetland system is degraded, it still contains a viable and high quality example of a
native wetland community; and
F. No known major water quality problems.
Historic Condition - Condition ofthe land, including flora, fauna, soil, topography, and
hydrology that existed before the area and vicinity were developed or altered by human activity.
Hydraulic Project Approval (HPA) - A permit issued by the Washington Department ofFish
and Wildlife for modifications to waters of the state in accordance with Chapter 75.20 RCW.
Hydric Soil- A soil that is saturated, flooded, or ponded long enough during the growing season to
develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined
19
Critical Areas
following the methods described in the Washington State Wetland Identification and Delineation
Manual.
Hydrologic Soil Groups - Soils grouped according to their runoff-producing characteristics
under similar storm and cover conditions. Properties that influence runoff potential are depth to
seasonally high water table, intake rate and permeability after prolonged wetting, and depth to a
low permeable layer. Hydrologic soil groups are normally used in equations that estimate runoff
from rainfall, but can be used to estimate a rate of water transmission in soil. There are four
hydrologic soil groups:
Low Runoff potential and a high rate of infiltration potential;
Moderate Infiltration potential and a moderate rate of runoff potential;
Slow Infiltration potential and a moderate to high rate of runoff potential; and
High Runoff potential and very slow infiltration and water transmission rates.
Hydrophytic Vegetation - Macrophytic plant life growing in water or on a substrate that is at least
periodically deficient in oxygen as a result of excessive water content. The presence ofhydrophytic
vegetation shall be determined following the methods described in the Washington State Wetland
Identification and Delineation Manual.
Hyporheic Zone - The saturated zone located beneath and adjacent to streams that contains
some portion of surface waters, serves as a filter for nutrients, and maintains water quality.
Impervious Surface - Means any material which reduces or prevents absorption of stormwater
into previously undeveloped land. Permeable paving technologies shall not be classified as
impervious surfaces. (See also Paved Surface in the Definitions of Chapter 20.42 BMC for a
discussion of impervious pavements.)
In-Kind Compensation - To replace critical areas with substitute areas whose characteristics
and functions closely approximate those destroyed or degraded by a regulated activity. It does
not mean replacement "in-category."
Isolated Wetlands - Those wetlands that are outside of and not contiguous to any 100- year
floodplain of a lake, river, or stream and have no contiguous hydric soil or hydrophytic
vegetation between the wetland and any surface water.
Infiltration - The downward entry of water into the immediate surface of soil.
Injection Well(s)
A. Class I - A well used to inject industrial, commercial, or municipal waste fluids beneath
the lowermost formation containing, within one quarter (1/4) mile of the well bore, an
underground source of drinking water.
B. Class II - A well used to inject fluids:
1. Brought to the surface in connection with conventional oil or natural gas exploration
or production and may be commingled with wastewaters from gas plants that are an
20
Critical Areas
integral part of production operations, unless those waters are classified as dangerous
wastes at the time of injection;
2. For enhanced recovery of oil or natural gas; or
3. For storage of hydrocarbons that are liquid at standard temperature and pressure.
C. Class III - A well used for extraction of minerals, including but not limited to the
injection of fluids for:
1. In-situ production of uranium or other metals that have not been conventionally
mined;
2. Mining of sulfur by Frasch process; or
3. Solution mining of salts or potash.
D. Class IV - A well used to inject dangerous or radioactive waste fluids.
E. Class V - All injection wells not included in Classes I, II, III, or IV.
Invasive - Vegetative or animal species not native to a region, and marked by a tendency to
spread, especially with proclivity to replace healthy native species.
Joint Aquatic Resource Permits Application - A single application form that may be used to
apply for hydraulic project approvals, shoreline management permits, approvals of exceedance
of water quality standards, water quality certifications, coast guard bridge permits, Washington
State Department of Natural Resources use authorization, and u.S. Army Corps of Engineers
permits.
Land Use, High Intensity - See "High Intensity Land Use."
Land Use, Low Intensity - See "Low Intensity Land Use."
Land Use, Moderate Intensity - See "Moderate Intensity Land Use."
Low Impact Development (LID) - Low Impact Development is a stormwater management and
development strategy applied at the parcel and subdivision scale that emphasizes conservation
and use of on-site natural features integrated with engineered, small-scale hydrologic controls to
more closely mimic pre-development hydrologic functions.
Low Intensity Land Use - Land uses which are associated with low levels of human
disturbance or low habitat impacts, including, but not limited to, passive recreation, open space,
or forest management land uses.
Lowest Floor - The lowest floor of the lowest enclosed area, including the basement. An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or
storage in an area other than a basement area, which is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the
applicable requirements ofthis Title.
21
Critical Areas
Mine Hazard Areas - Areas that are underlain by, adjacent to, or affected by mine workings
such as adits, gangways, tunnels, drifts, or airshafts, and those areas of probable sink holes, gas
releases, or subsidence due to mine workings. Factors that should be considered include:
proximity to development, depth from ground surface to the mine working, and geologic
material.
Mitigation - A voiding, minimizing, or compensating for adverse critical areas impacts.
Mitigation, in the following sequential order of preference, is:
A. Avoiding the impact altogether by not taking a certain action or parts of an action;
B. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation, by using appropriate technology, or by taking affirmative steps, such as project
redesign, relocation, or timing, to avoid or reduce impacts;
C. Rectifying the impact to wetlands, critical aquifer recharge areas, and habitat
conservation areas by repairing, rehabilitating, or restoring the affected environment to the
conditions existing at the time of the initiation of the project;
D. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through
engineered or other methods, provided the engineered method creates the minimum disturbance
necessary to mitigate the action, and the method does not adversely impact categories of critical
areas other than those being mitigated;
E. Reducing or eliminating the impact or hazard over time by preservation and maintenance
operations during the life of the action;
F. Compensating for the impact to wetlands, critical aquifer recharge areas, and habitat
conservation areas by replacing, enhancing, or providing substitute resources or environments;
and
G. Monitoring the hazard or other required mitigation and taking remedial action when
necessary.
Mitigation for individual actions may include a combination ofthe above measures.
Mobile Home - A structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when attached to the
required utilities. The term "manufactured home" does not include a "recreational vehicle."
Mobile Home Park or Subdivision - A parcel (or contiguous parcels) ofland divided into two
or more manufactured home lots for rent or sale.
Moderate Intensity Land Use - Land uses which are associated with moderate levels of human
disturbance or substantial habitat impacts including, but not limited to, low-density residential
(no more than one home per five acres), active recreation, and moderate agricultura11and uses.
Monitoring - Evaluating the impacts of development proposals on the biological, hydrological,
and geological elements of such systems, and assessing the performance of required mitigation
measures throughout the collection and analysis of data by various methods for the purpose of
understanding and documenting changes in natural ecosystems and features, including gathering
baseline data.
22
Critical Areas
Native Vegetation - Plant species that are indigenous to the area in question.
Native Growth Protection Area (NGPA) - An area where native vegetation is preserved for
the purpose of preventing harm to property and the environment, including, but not limited to,
controlling surface water runoff and erosion, maintaining slope stability, buffering, and
protecting plants and animal habitat;
Natural Waters - Waters, excluding water conveyance systems that are artificially constructed
and actively maintained for irrigation.
Non-conformity - See Definitions in BMC 20.54.040, the NonConforming Provisions ofthe
land use code.
Off-Site Compensation - To replace critical areas away from the site on which a critical area
has been impacted.
On-site Compensation - To replace critical areas at or adjacent to the site on which a critical
areas has been impacted.
Ordinary High Water Mark (OHM) - That mark which is found by examining the bed and
banks and ascertaining where the presence and action of waters are so common and usual, and so
long continued in all ordinary years, that the soil has a character distinct from that of the abutting
upland in respect to vegetation.
Out-of-Kind Compensation - To replace critical areas with substitute critical areas whose
characteristics do not closely approximate those destroyed or degraded. It does not refer to
replacement "out-of-category."
Permeability - The capacity of an aquifer or confining bed to transmit water. It is a property of
the aquifer or confining bed and is independent of the force causing movement.
Porous Soil Types - Soils, as identified by the National Resources Conservation Service, U.S.
Department of Agriculture, that contain voids, pores, interstices, or other openings which allow
the passing of water.
Potable Water - Water that is safe and palatable for human use.
Practical Alternative - An alternative that is available and capable of being carried out after
taking into consideration cost, existing technology, and logistics in light of overall project
purposes, and has less impacts to critical areas.
Primary Association Area - The area used on a regular basis by, is in close association with, or
is necessary for the proper functioning of the habitat of a critical species. Regular basis means
that the habitat area is normally, or usually known to contain a critical species, or based on
known habitat requirements of the species, the area is likely to contain the critical species.
23
Critical Areas
Regular basis is species and population dependent. Species that exist in low numbers may be
present infrequently yet rely on certain habitat types.
Priority Habitat - Habitat type or elements with unique or significant value to one or more
species as classified by the state Department ofFish and Wildlife. A priority habitat may consist
of a unique vegetation type or dominant plant species, a described successional stage, or a
specific structural element.
Project Area - All areas within fifty (50) feet of the area proposed to be disturbed, altered, or
used by the proposed activity or the construction of any proposed structures. When the action
binds the land, such as a subdivision, short subdivision, binding site plan, planned unit
development, or rezone, the project area shall include the entire parcel, at a minimum.
Qualified Professional- A person with experience and training in the pertinent scientific
discipline, and who is a qualified scientific expert with expertise appropriate for the relevant
critical area subject in accordance with WAC 365-195-905(4). A qualified professional must
have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies,
fisheries, geomorphology, or related field, and five (5) years of related work experience.
A. A qualified professional for habitats or wetlands must have a degree in biology and
professional experience related to the subject species, and meet the requirements set forth in
BMC 20.14.360.
B. A qualified professional for a geological hazard must be a professional civil or
geotechnical engineer with experience in the field, or geologist, licensed in the state of
Washington.
C. A qualified professional for critical aquifer recharge areas means a hydro geologist,
geologist, engineer, or other scientist with experience in preparing hydrogeologic assessments,
and meet the requirements set forth in BMC 20.14.450.
Recharge - The process involved in the absorption and addition of water to ground water.
Reclaimed Water - Municipal wastewater effluent that has been adequately and reliability
treated so that it is suitable for beneficial use. Following treatment it is no longer considered
wastewater (treatment levels and water quality requirements are given in the water reclamation
and reuse standards adopted by the State Departments of Ecology and Health).
Recreation Vehicle - See definition in Chapter 20.42 BMC of the land use code.
Repair or Maintenance - An activity that restores the character, scope, size, and design of a
serviceable area, structure, or land use to its previously authorized and undamaged condition.
Activities that change the character, size, or scope of a project beyond the original design and
drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition.
Restoration - Measures taken to restore an altered or damaged natural feature including:
A. Active steps taken to restore damaged wetlands, streams, protected habitat, or their
buffers to the functioning condition that existed prior to an unauthorized alteration; and
24
Critical Areas
B. Actions performed to reestablish structural and functional characteristics of the critical
area that have been lost by alteration, past management activities, or catastrophic events.
Riparian Habitat - Areas adjacent to aquatic systems with flowing water that contain elements
of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these
areas extends to that portion of the terrestrial landscape that directly influences the aquatic
ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic
debris, terrestrial insects, or habitat for riparian-associated wildlife. Widths shall be measured
from the ordinary high water mark or from the top of bank ifthe ordinary high water mark
cannot be identified or from the channel migration zone (CMZ). It includes the entire extent of
the floodplain and the extent of vegetation adapted to wet conditions as well as adjacent upland
plant communities that directly influence the stream system. Riparian habitat areas include those
riparian areas severely altered or damaged due to human development activities.
Scientific Process - A valid scientific process is one that produces reliable information useful in
understanding the consequences of a decision. The characteristics of a valid scientific process
are as follows:
A. Peer Review. The information has been critically reviewed by other qualified scientific
experts in that scientific discipline.
B. Methods. The methods that were used are standardized in the pertinent scientific
discipline or the methods have been appropriately peer-reviewed to ensure their reliability and
validity.
C. Logical Conclusions and Reasonable Inferences. The conclusions presented are based
on reasonable assumptions supported by other studies and are logically and reasonably derived
from the assumptions and supported by the data presented.
D. Quantitative Analysis. The data have been analyzed using appropriate statistical or
quantitative methods.
E. Context. The assumptions, analytical techniques, data, and conclusions are appropriately
framed with respect to the prevailing body of pertinent scientific knowledge.
F. References. The assumptions, techniques, and conclusions are well referenced with
citations to pertinent existing information.
Scrub-Shrub Wetland - A wetland with at least thirty percent (30%) of its surface area covered
by woody vegetation less than twenty (20) feet in height as the uppermost strata.
Section 404 Permit - A permit issued by the U.S. Army Corps of Engineers for the placement
of dredge or fill material or clearing in waters ofthe United States, including wetlands, in
accordance with 33 USC ~ 1344. Section 404 permits may also be for endangered species
consultation. They require a consultation under Section 7 ofthe Federal Endangered Species
Act.
Seeps - A spot where water oozes from the earth, often forming the source of a small stream.
Seismic Hazard Areas - Areas that are subject to severe risk of damage as a result of
earthquake-induced ground shaking, slope failure, settlement, or soil liquefaction.
25
Critical Areas
Shorelines - All of the water areas of the state as defined in RCW 90.58.030, including
reservoirs and their associated shorelands, together with the lands underlying them except:
A. Shorelines of statewide significance;
B. Shorelines on segments of streams upstream of a point where the mean annual flow is
twenty cubic feet per second (20 ctps) or less and the wetlands associated with such upstream
segments; and
C. Shorelines on lakes less than twenty (20) acres in size and wetlands associated with such
small lakes.
Shorelines of the State - The total of all "shorelines," as defined in RCW 90.58.030(2)(d), and
"shorelines of statewide significance" within the state, as defined in RCW 90.58.030(2)(c).
Shorelines of Statewide Significance - Those areas defined in RCW 90.58.030(2)( e).
Shorelands or Shoreland Areas - Those lands extending landward for two hundred (200) feet
in all directions as measured on a horizontal plane from the ordinary high water mark; floodways
and contiguous floodplain areas landward two hundred (200) feet from such floodways; and all
wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to
the provisions of Chapter 90.58 RCW.
Soil Survey - The most recent soil survey for the local area or county by the National Resources
Conservation Service, U.S. Department of Agriculture.
Special Flood Hazard Areas - The land in the floodplain within an area subject to a one percent
(1 %) or greater chance of flooding in any given year. Designations of special flood hazard areas
on flood insurance map(s) always include the letters A or V.
Special Protection Areas - Aquifer recharge areas defined by WAC 173-200-090 that require
special consideration or increased protection because of unique characteristics, including, but not
limited to:
A. Ground waters that support an ecological system requiring more stringent criteria than
drinking water standards;
B. Ground water recharge areas and wellhead protection areas that are vulnerable to
pollution because of hydrogeologic characteristics; and
C. Sole source aquifer status.
Species - Any group of animals classified as a species or subspecies as commonly accepted by
the scientific community.
Species, Endangered - Any fish or wildlife species that is threatened with extinction throughout
all or a significant portion of its range and is listed by the state or federal government as an
endangered species.
Species of Local Importance - Those species of local concern due to their population status or
their sensitivity to habitat manipulation, or that are game species.
26
Critical Areas
Species, Priority - Any fish or wildlife species requiring protective measures and/or
management guidelines to ensure their persistence as genetically viable population levels as
classified by the Washington Department of Fish and Wildlife, including endangered, threatened,
sensitive, candidate and monitor species, and those of recreational, commercial, or tribal
importance.
Species, Threatened - Any fish or wildlife species that is likely to become an endangered
species within the foreseeable future throughout a significant portion of its range without
cooperative management or removal of threats, and is listed by the state or federal government as
a threatened species.
Sub-drainage Basin or Subbasin - The drainage area ofthe highest order stream containing the
subject property impact area. Stream order is the term used to define the position of a stream in
the hierarchy of tributaries in the watershed. The smallest streams are the highest order (first
order) tributaries. These are the upper watershed streams and have no tributaries oftheir own.
When two first order streams meet, they form a second order stream, and when two second order
streams meet they become a third order stream, and so on.
Substantial Damage - Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed fifty percent (50%)
of the market value of the structure before the damage occurred.
Substantial Improvement - Any repair, reconstruction, or improvement of a structure, the cost
of which equals or exceeds fifty percent (50%) of the market value of the structure either: before
the improvement or repair is started; or if the structure has been damaged and is being restored,
before the damage occurred.
Unavoidable - Adverse impacts that remain after all appropriate and practicable avoidance and
minimization have been achieved.
Vulnerability - The combined effect of susceptibility to contamination and the presence of
potential contaminants.
Water Dependent - A use or portion of a use that cannot exist in a location that is not adjacent
to the water, but is dependent on the water by reason of the intrinsic nature of its operations. A
use that can be carried out only on, in, or adjacent to water. Examples of water dependent uses
include: ship cargo terminal loading areas; fishing; ferry and passenger terminals; barge loading,
ship building, and dry docking facilities; marinas, moorage, and boat launching facilities;
aquaculture; float plane operations; surface water intake; and sanitary sewer and storm drain
outfalls.
Water Resource Inventory Area (WRIA) - One of sixty-two (62) watersheds in the state of
Washington, each composed of the drainage areas of a stream or streams, as established in
Chapter 173-500 WAC as it existed on January 1,1997.
27
Critical Areas
Water Table - That surface in an unconfined aquifer at which the pressure is atmospheric. It is
defined by the levels at which water stands in wells that penetrate the aquifer just far enough to
hold standing water.
Water Typing System - Waters are classified according to WAC 222-16-031. Waters are
classified into four Types, S, F, Np, and Ns, based on whether the waters are shorelines of the
State, their level of human and wildlife use, whether they are perennial streams, and other
characteristics. Complete criteria for the Water Typing System are found in BMC 20.14.720 of
this Chapter.
Watercourse - Any portion of a channel, bed, bank, or bottom waterward of the ordinary high
water line of waters of the state including areas in which fish may spawn, reside, or through
which they may pass, and tributary waters with defined beds or banks, which influence the
quality of fish habitat downstream. This definition includes watercourses that flow on an
intermittent basis or which fluctuate in level during the year and applies to the entire bed of such
watercourse whether or not the water is at peak level. This definition does not include irrigation
ditches, canals, stormwater run-off devices, or other entirely artificial watercourses, except
where they exist in a natural watercourse that has been altered by humans.
W ell- A bored, drilled, or driven shaft, or a dug hole whose depth is greater that the largest
surface dimension for the purpose of withdrawing or injecting water or other liquids.
Wellhead Protection Area (WHP A) - The portion of a zone of contribution for a well,
wellfield, or spring, as defined using criteria established by the Washington State Department of
Ecology.
Wetlands - Those areas that are inundated or saturated by surface or ground water at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence
of vegetation adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally
created from non-wetland sites, including, but not limited to, irrigation and drainage ditches,
grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally
created as a result of the construction of a road, street, or highway. Wetlands may include those
artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of
wetlands. For identifying and delineating a wetland, local government shall use the Washington
State Wetland Identification and Delineation Manual.
Wetland Classes, Classes of Wetlands, or Wetland Types - The descriptive classes of the
wetlands taxonomic classification system ofthe U.S. Fish and Wildlife Service (Cowardin, et al.
1979).
Wetland Edge - The boundary of a wetland as delineated based on the definitions contained in this
Title.
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Critical Areas
Wetlands Mitigation Bank - A site where wetlands are restored, created, enhanced, or in
exceptional circumstances, preserved expressly for the purpose of providing compensatory
mitigation in advance of authorized impacts to similar resources.
Zone of Contribution - The area surrounding a well or spring that encompasses all areas or
features that supply ground water recharge to the well or spring.
20.14.300 WETLANDS.
Sections 20.14.310 through 20.14.360 ofthis Chapter pertain to Wetlands.
20.14.310 DESCRIPTION & PURPOSE.
(a) Wetlands are those areas, designated in accordance with the Washington State
Wetland Identification and Delineation Manual (1997), that are inundated or saturated by surface
or ground water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions.
All areas within the city meeting the wetland designation criteria in the Identification and
Delineation Manual, regardless of any formal identification, are hereby designated critical areas
and are subject to the provisions ofthis Title.
(b) Wetlands help to maintain water quality; store and convey stormwater and
floodwater; recharge ground water; provide important fish and wildlife habitat; and serve as
areas for recreation, education, scientific study and aesthetic appreciation.
(c) The City's overall goal shall be to achieve no net loss of wetlands. This goal shall
be implemented through retention of the function and value of wetlands within the City. Wetland
buffers serve to moderate runoff volume and flow rates; reduce sediment, chemical nutrient and
toxic pollutants; provide shading to maintain desirable water temperatures; provide habitat for
wildlife; protect wetland resources from harmful intrusion; and generally preserve the ecological
integrity of the wetland area.
(d) The primary purpose of the wetland regulations is to avoid detrimental wetland
impacts and achieve a goal of no net loss of wetland function and values, and where possible
enhance and restore wetlands.
20.14.320 CLASSIFICATION & DESIGNATION.
(a) Wetland Ratings. Wetlands shall be rated according to the Washington State
Department of Ecology wetland rating system found in the Washington State Wetland Rating
System for Western Washington (Department of Ecology Publication #04-06-025) or as
amended hereafter. These documents contain the definitions and methods for determining ifthe
criteria below are met.
(1) Wetland Rating Categories
(i) Category I. Category I wetlands are those that meet any of the
following criteria:
a. Represent a unique or rare wetland type; or
b. Are more sensitive to disturbance than most wetlands; or
c. Are relatively undisturbed and contain ecological attributes
that are impossible to replace within a human lifetime; or
d. Are providing a high level of functions, scoring 70 points
or more out of 100 (DOE Wetlands Rating System, 2004); or
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Critical Areas
e. Are characterized as a national heritage wetland; or
f. Are characterized as a bog; or
g. Are over one acre and characterized as a mature and old-
growth forested wetland.
(ii) Category II. Category II wetlands are those wetlands that are not
Category I wetlands and that meet any of the following criteria:
a. Provide high levels of some functions, being difficult,
though not impossible to replace; or
b. Perform most functions relatively well, scoring 51-69 out
of 100 points (DOE Wetlands Rating System, 2004).
(iii) Category III. Category III wetlands are those wetlands that are
not Category I or II wetlands, and that meet the following criterion:
a. Provide moderate levels of functions, scoring between 30-
50 out of 100 points (DOE Wetlands Rating System, 2004).
(iv) Category IV. Category IV wetlands are those that meet the
following criterion:
a. Provide low levels of functions, scoring less than 30 out of
100 points (DOE Wetlands Rating System, 2004).
(2) Date of wetland rating. Wetland rating categories shall be applied as the
wetland exists on the date of adoption of the rating system by the local government, as the
wetland naturally changes thereafter, or as the wetland changes in accordance with permitted
activities. Wetland rating categories shall not change due to illegal modifications.
20.14.330 DEVELOPMENT STANDARDS - WETLANDS.
(a) Activities may only be permitted in a wetland or wetland buffer ifthe applicant
can show that the proposed activity will not degrade the functions and functional performance of
the wetland and other critical areas.
(b) Activities and uses shall be prohibited in wetlands and wetland buffers, except as
provided for in this Title.
(c) Category I Wetlands. Activities and uses shall be prohibited from Category I,
except as provided for in the public agency and utility exception, reasonable use exception, and
variance sections of this Title.
(d) Category II and III Wetlands. With respect to activities proposed in Category
II and III wetlands, the following standards shall apply:
(1) Water-dependent activities may be allowed where there are no feasible
alternatives that would have a less adverse impact on the wetland, its buffers and other critical
areas.
(2) Where non-water-dependent activities are proposed, it shall be presumed
that alternative locations are available, and activities and uses shall be prohibited, unless the
applicant demonstrates that:
(i) The basic project purpose cannot reasonably be accomplished and
successfully avoid, or result in less adverse impact on, a wetland on another site or sites in the
general region; and
(ii) All alternative designs ofthe project as proposed, that would avoid
or result in less of an adverse impact on a wetland or its buffer, such as a reduction in the size,
scope, configuration, or density of the project, are not feasible.
30
Critical Areas
(iii) Full compensation for the acreage and loss functions will be
provided under the terms established under BMC 20.14.340 (f) and (g).
(e) Category IV Wetlands. Activities and uses that result in unavoidable and
necessary impacts may be permitted in Category IV wetlands and associated buffers in
accordance with an approved wetland report and mitigation plan, and only if the proposed
activity is the only reasonable alternative that will accomplish the applicant's objectives. Full
compensation for the acreage and loss functions will be provided under the terms established
underBMC 20.14.340 (f) and (g).
(f) Wetland Buffers
(1) Standard Buffer Widths. The standard buffer widths presume the
existence of a relatively intact native vegetation community in the buffer zone adequate to protect
the wetland functions and values at the time of the proposed activity. If the vegetation is
inadequate, then the buffer width shall be increased or the buffer should be planted to maintain the
standard width. Required standard wetland buffers, based on wetland category, are as follows:
Wetland Category Standard Buffer
I 200 ft
II 100 ft
III 75 ft
IV 50 ft
(2) Measurement of Wetland Buffers. All buffers shall be measured
horizontally from a perpendicular line established at the wetland edge as surveyed in the field. The
width of the wetland buffer shall be determined according to the wetland category. The buffer for a
wetland created, restored, or enhanced as compensation for approved wetland alterations shall be
the same as the buffer required for the category of the created, restored, or enhanced wetland. Only
fully vegetated buffers will be considered. Lawns, walkways, driveways, and other mowed or
paved areas will not be considered buffers.
(3) Increased Wetland Buffer Widths. The Director shall require increased
buffer widths in accordance with the recommendations of an experienced, qualified professional
wetland scientist, and the best available science on a case-by-case basis when a larger buffer is
necessary to protect wetland functions and values based on site-specific characteristics. This
determination shall be based on one or more of the following criteria:
(i) A larger buffer is needed to protect other critical areas;
(ii) The buffer or adjacent uplands has a slope greater than fifteen
percent (15%) or is susceptible to erosion and standard erosion-control measures will not prevent
adverse impacts to the wetland; or
(iii) The buffer area has minimal vegetative cover. In lieu of increasing
the buffer width where existing buffer vegetation is inadequate to protect the wetland functions and
values, implementation of a buffer planting plan may substitute. Where a buffer planting plan is
proposed, it shall include densities that are not less than three (3) feet on center for shrubs and eight
(8) feet on center for trees and require monitoring and maintenance to ensure success. Existing
buffer vegetation is considered "inadequate" and will need to be enhanced through additional
native plantings and (if appropriate) removal of non-native plants when: (1) non-native or
invasive plant species provide the dominant cover, (2) vegetation is lacking due to disturbance
31
Critical Areas
and wetland resources could be adversely affected, or (3) enhancement plantings in the buffer
could significantly improve buffer functions.
(4) Wetland Buffer Width Averaging. The Director may allow modification
of the standard wetland buffer width in accordance with an approved wetland report and the best
available science on a case-by-case basis by averaging buffer widths. Averaging of buffer
widths may only be allowed where the applicant and a qualified professional wetland scientist
demonstrates that:
(i) No feasible site design exists without buffer averaging.
(ii) It will not reduce wetland functions or functional performance;
(iii) The wetland contains variations in sensitivity due to existing
physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the
wetland would benefit from a wider buffer in places and would not be adversely impacted by a
narrower buffer in other places;
(iv) The total area contained in the buffer area after averaging is no less
than that which would be contained within the standard buffer; and
(v) The buffer width is not reduced to less than 75 percent (75%) of
the standard width or thirty-five (35) feet.
(5) Buffer Consistency. All mitigation sites shall have buffers consistent
with the buffer requirements of this Chapter.
(6) Buffer Maintenance. Except as otherwise specified or allowed in
accordance with this Title, wetland buffers shall be retained in an undisturbed or enhanced
condition. Removal of invasive non-native weeds is required for the duration of the mitigation
bond.
(7) Buffer Uses. The following uses may be permitted within a wetland
buffer in accordance with the review procedures of this Title, provided they are not prohibited by
any other applicable law and they are conducted in a manner so as to minimize impacts to the
buffer and adjacent wetland:
(i) Conservation and Restoration Activities. Conservation or
restoration activities aimed at protecting the soil, water, vegetation, or wildlife.
(ii) Passive Recreation. Low impact uses and activities which are
consistent with the purpose and function of the wetland buffer and do not detract from its
integrity may be permitted within the buffer depending on the sensitivity of the wetland. Uses
may include:
a. Walkways and trails, provided that those pathways that are
generall y parallel to the perimeter of the wetland may be located in the buffer area provided that:
i. They are no wider than six (6) feet, and generally
constructed with a surface that does not interfere with substrate permeability. Raised boardwalks
utilizing non-treated pilings may be acceptable; and
ii. They shall be limited to pedestrian use; and
111. They shall not be allowed to fully enelose a habitat
area or buffer; and
iv. They are subject to closure (at the Director's
discretion) during critical spawning, migration or breeding time periods of the species present.
b. Wildlife viewing structures; and
c. Fishing access areas down to the water's edge that shall be
no larger than six (6) feet.
32
Critical Areas
(iii) Stormwater Management Facilities. Stormwater management
facilities, limited to stormwater dispersion outfalls and bioswales, may be allowed within the
outer twenty-five percent (25%) of the buffer of Category III or IV wetlands only, provided that:
a. No other location is feasible; and
b. The location of such facilities will not degrade the
functions or values of the wetland.
(iv) Low Impact Development (LID) Facilities. LID facilities, may
be allowed within the buffer of Category III or IV wetlands only, provided that:
a. No other location is feasible; and
b. The location of such facilities will not degrade the
functions or values of the wetland.
(g) Signs and Fencing of Wetlands
(1) Temporary Markers. The outer perimeter of the wetland or buffer and
the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be
marked in the field in such a way as to ensure that no unauthorized intrusion will occur and is
subject to inspection prior to the commencement of permitted activities. This temporary marking
shall be maintained throughout construction and shall not be removed until permanent signs, if
required, are in place.
(2) Permanent Signs. As a condition of any permit or authorization issued
pursuant to this Chapter, the Director may require the applicant to install permanent signs along
the boundary of a wetland or buffer.
(i) Permanent signs shall be made of an enamel-coated metal face and
attached to a metal post, or another non-treated material of equal durability. Signs must be
posted at an interval of one (1) per lot or every fifty (50) feet, whichever is less, and must be
maintained by the property owner in perpetuity. The sign shall be worded as follows or with
alternative language approved by the Director:
Protected Wetland Area
Do Not Disturb
Contact City of Bremerton
Department of Community Development
Regarding Uses and Restriction
(3) Fencing
(i) The Director shall determine if fencing is necessary to protect the
functions and values ofthe critical area. If found to be necessary, any permit or authorization
issued pursuant to this Chapter shall be conditioned to require the applicant to install a
permanent fence at the edge ofthe wetland buffer, when fencing will prevent future impacts to
the wetland.
(ii) Fencing installed as part of a proposed activity or as required in
this Subsection shall be designed so as to not interfere with species migration, including fish
runs, and shall be constructed in a manner that minimizes impacts to the wetland and associated
habitat.
33
Critical Areas
20.14.340 MITIGATION REQUIREMENTS - WETLANDS.
Compensatory mitigation for alterations to wetlands shall achieve equivalent or greater
biologic functions. Compensatory mitigation plans shall be consistent with the state Department
of Ecology publication Guidance on Wetland Mitigation in Washington State, 2004 (Publications
#04-06-013a & #04-06-013b), or as revised.
(a) Mitigation Shall Be Required in the Following Order of Preference:
(1 ) Avoiding the impact altogether by not taking a certain action or parts of an
action.
(2) Minimizing impacts by limiting the degree or magnitude of the action and
its implementation, by using appropriate technology, or by taking affirmative steps to avoid or
reduce impacts.
(3) Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment.
(4) Reducing or eliminating the impact over time by preservation and
maintenance operations.
(5) Compensating for the impact by replacing, enhancing, or providing
substitute resources or environments.
(b) Mitigation for Lost or Affected Functions. Compensatory mitigation actions
shall address functions affected by the alteration to achieve functional equivalency or
improvement and shall provide similar wetland functions as those lost, except when:
(l) The lost wetland provides minimal functions as determined by a site-
specific function assessment, and the proposed compensatory mitigation action(s) will provide
equal or greater functions or will provide functions shown to be limiting within a watershed
through a formal Washington state watershed assessment plan or protocol; or
(2) Out-of-kind replacement will best meet formally identified watershed
goals, such as replacement of historically diminished wetland types.
(c) Preference of Mitigation Actions. Mitigation actions that require compensation
by replacing, enhancing, or substitution shall occur in the following order of preference:
(l) Restoring wetlands on upland sites that were formerly wetlands.
(2) Creating wetlands on disturbed upland sites such as those with vegetative
cover consisting primarily of non-native introduced species. This should only be attempted
when there is a consistent source of hydrology and it can be shown that the surface and
subsurface hydrologic regime is conducive for the wetland community that is being designed.
(3) Enhancing significantly degraded wetlands in combination with
restoration or creation. Such enhancement should be part of a mitigation package that includes
replacing the impacted area meeting appropriate ratio requirements.
(d) Type and Location of Mitigation. Unless it is demonstrated that a higher level
of ecological functioning would result from an alternate approach, compensatory mitigation for
ecological functions shall be either in-kind and on-site, or in-kind and within the same stream
reach, sub-basin, or drift cell. Mitigation actions shall be conducted within the same sub-
drainage basin and on the site as the alteration except when the all of the following apply:
(l) There are no reasonable on-site or in-sub drainage basin opportunities or
on-site and in-sub drainage basin opportunities do not have a high likelihood of success, after a
determination of the natural capacity of the site to mitigate for the impacts. Consideration should
include: anticipated wetland mitigation replacement ratios, buffer conditions and proposed
34
Critical Areas
widths, hydro geomorphic classes of on-site wetlands when restored, proposed flood storage
capacity, potential to mitigate riparian fish and wildlife impacts (such as connectivity);
(2) Off-site mitigation has a greater likelihood of providing equal or improved
wetland functions than the impacted wetland; and
(3) Off-site locations shall be in the same sub-drainage basin unless:
(i) Established watershed goals for water quality, flood or
conveyance, habitat, or other wetland functions have been established and strongly justify
location of mitigation at another site; or
(ii) Credits from a state certified wetland mitigation bank are used as
mitigation and the use of credits is consistent with the terms ofthe bank's certification.
(e) Mitigation Timing. Mitigation projects shall be completed with an approved
monitoring plan prior to activities that will disturb wetlands. In all other cases, mitigation shall
be completed immediately following disturbance and prior to use or occupancy of the activity or
development. Construction of mitigation projects shall be timed to reduce impacts to existing
fisheries, wildlife, and flora.
(1) The Director may authorize a one-time temporary delay, up to one-
hundred-twenty (120) days, in completing minor construction and landscaping when
environmental conditions could produce a high probability of failure or significant construction
difficulties. The delay shall not create or perpetuate hazardous conditions or environmental
damage or degradation, and the delay shall not be injurious to the health, safety, and general
welfare of the public. The request for the temporary delay must include a written justification
that documents the environmental constraints that preclude implementation of the mitigation
plan. The justification must be verified and approved by the city and include a financial
guarantee.
(f) Mitigation Ratios
(1) Acreage Replacement Ratios. The following ratios shall apply to
creation or restoration that is in-kind, is on-site, is the same category, is timed prior to or
concurrent with alteration, and has a high probability of success. These ratios do not apply to
remedial actions resulting from unauthorized alterations; greater ratios shall apply in those cases.
These ratios do not apply to the use of credits from a state certified wetland mitigation bank.
When credits from a certified bank are used, replacement ratios should be consistent with the
requirements of the bank's certification. The first number specifies the acreage of replacement
wetlands and the second specifies the acreage of wetlands altered.
Category I
Category II
Category III
Category IV
6-to-1
3-to-1
2-to-1
1.5-to-1
(2) Increased Replacement Ratio. The Director may increase the ratios
under the following circumstances:
(i) Uncertainty exists as to the probable success ofthe proposed
restoration or creation;
(ii) A significant period of time will elapse between impact and
replication of wetland functions;
35
Critical Areas
(iii) Proposed mitigation will result in a lower category wetland or
reduced functions relative to the wetland being impacted; or
(iv) The impact was an unauthorized impact.
(g) Wetlands Enhancement as Mitigation
(1) Impacts to wetland functions may be mitigated by enhancement of
existing significantly degraded wetlands, but must be used in conjunction with restoration and/or
creation. Applicants proposing to enhance wetlands must produce a wetland report that
identifies how enhancement will increase the functions of the degraded wetland and how this
increase will adequately mitigate for the loss of wetland area and function at the impact site. An
enhancement proposal must also show whether existing wetland functions will be reduced by the
enhancement actions.
(2) At a minimum, enhancement acreage shall be double the acreage required
for creation or restoration under BMC 20. 14.340(f)(1). The ratios shall be greater than double
the required acreage where the enhancement proposal would result in minimal gain in the
performance of wetland functions and/or result in the reduction of other wetland functions
currentl y being provided in the wetland.
(3) Mitigation ratios for enhancement in combination with other forms of
mitigation shall range from 6:1 to 3:1 and be limited to Class III and Class IV wetlands.
(h) Wetland Mitigation Banks
(1) Credits from a wetland mitigation bank may be approved for use as
compensation for unavoidable impacts to wetlands when:
(i) The bank is certified under Chapter 173-700 WAC; and
(ii) The Director determines that the wetland mitigation bank provides
appropriate compensation for the authorized impacts; and
(iii) The proposed use of credits is consistent with the terms and
conditions of the bank's certification.
(2) Replacement ratios for projects using bank credits shall be consistent with
replacement ratios specified in the bank's certification.
(3) Credits from a certified wetland mitigation bank may be used to
compensate for impacts located within the service area specified in the bank's certification. In
some cases, bank service areas may include portions of more than one adjacent drainage basin
for specific wetland functions.
(i) Wetland Mitigation Monitoring. The mitigation plan shall include a program
for monitoring construction of the compensation project and for assessing a completed project.
A protocol shall be included outlining the schedule for site monitoring, and how the monitoring
data will be evaluated. A monitoring report shall be submitted as needed to document
milestones, successes, problems, and contingency actions ofthe compensation project. The
compensation project shall be monitored for a period necessary to establish that performance
standards have been met, but not for a period less than five (5) years.
20.14.350 PERFORMANCE STANDARDS - SUBDIVISIONS.
The subdivision and short subdivision of land in wetlands and associated buffers is
subject to the following:
(a) Land that is located wholly within a wetland or its buffer may not be subdivided.
36
Critical Areas
(b) Land that is located partially within a wetland or its buffer may be subdivided
provided that an accessible and contiguous portion of each new lot is located outside of the
wetland and its buffer.
(c) Access roads and utilities serving the proposed subdivision may be permitted
within the wetland and associated buffers only ifthe city determines that no other feasible
alternative exists and when consistent with this Title.
20.14.360 WETLAND REPORT.
Critical area reports for wetlands must meet the requirements of this Section.
(a) Preparation by a Qualified Professional. A critical area report for wetlands shall
be prepared by a qualified professional who is a certified professional wetland scientist or a non-
certified professional wetland scientist with a minimum of five (5) years experience in the field
of wetland science and with experience preparing wetland reports.
(b) Area Addressed in Wetland Report. The following areas shall be addressed in a
critical area report for wetlands:
(l) The project area ofthe proposed activity;
(2) All wetlands and recommended buffers within three hundred (300) feet of
the project area; and
(3) All shoreline areas, water features, floodplains, and other critical areas,
and related buffers within three hundred (300) feet ofthe project area.
(c) Wetland analysis. A critical area report for wetlands shall contain an analysis of
the wetlands including the following site- and proposal-related information at a minimum:
(1) A written assessment and accompanying maps of the wetlands and buffers
within three hundred (300) feet ofthe project area, including the following information at a
mInImum:
(i) Wetland delineation and required buffers;
(ii) Existing wetland acreage;
(iii) Wetland category;
(iv) Vegetative, faunal, and hydrologic characteristics;
(v) Soil and substrate conditions;
(vi) Topographic elevations, at two-foot contours, and
(vii) A discussion of the water sources supplying the wetland and
documentation of hydrologic regime (locations of inlet and outlet features, water depths
throughout the wetland, evidence of recharge or discharge, evidence of water depths throughout
the year - drift lines, a1ga11ayers, moss lines, and sediment deposits).
(2) A discussion of measures, including avoidance, minimization, and
mitigation, proposed to preserve existing wetlands and restore any wetlands that were degraded
prior to the current proposed land use activity.
(3) A habitat and native vegetation conservation strategy that addresses
methods to protect and enhance on-site habitat and wetland functions.
(4) Functional evaluation for the wetland and adjacent buffer using a local or
state agency staff-recognized method and including the reference of the method and all data
sheets.
(5) Proposed mitigation, if needed, including a written assessment and
accompanying maps of the mitigation area, including the following information at a minimum:
(i) Existing and proposed wetland acreage;
37
Critical Areas
(ii) Vegetative and faunal conditions;
(iii) Surface and subsurface hydrologic conditions including an analysis
of existing and future hydrologic regime and proposed hydrologic regime for enhanced, created,
or restored mitigation areas;
(iv) Relationship within watershed and to existing waterbodies;
(v) Soil and substrate conditions, topographic elevations;
(vi) Existing and proposed adjacent site conditions;
(vii) Required wetland buffers (including any buffer reduction and
mitigation proposed to increase the plant densities, remove weedy vegetation, and replant the
buffers);
(viii) Property ownership; and
(ix) Associated wetlands and related wetlands that may be greater than
three hundred (300) feet from the subject project.
(6) A scale map ofthe development proposal site and adjacent area. A
discussion of ongoing management practices that will protect wetlands after the project site has
been developed; including proposed monitoring and maintenance programs.
(7) A bond estimate for the installation (including site preparation, plant
materials and installation, fertilizers, mulch, stakes) and the proposed monitoring and
maintenance work for the required number of years.
(8) Title Notification. All activity in critical area protection areas shall be
accompanied by a title.
(d) Additional Information. When appropriate, the Director may also require the
wetland report to include an evaluation by the state Department of Ecology or an independent
qualified expert regarding the applicant's analysis and the effectiveness of any proposed
mitigating measures or programs, and to include any recommendations as appropriate.
(1) If the development proposal site contains or is within a wetland area, the
applicant shall submit an affidavit, which declares whether the applicant has knowledge of any
illegal alteration to any or all wetlands on the proposed site and whether the applicant previously
had been found in violation of this Chapter. If the applicant has been found previously in
violation, the applicant shall declare whether such violation has been corrected to the satisfaction
of the jurisdiction.
(2) The Director shall determine if the mitigation and monitoring plans and
bonding measures proposed by the applicant are sufficient to protect the public health, safety,
and welfare, consistent with the goals, purposes, objectives and requirements of this Chapter.
20.14.400 CRITICAL AQUIFER RECHARGE AREAS.
Sections 20.14.410 through 20.14.450 pertain to Critical Aquifer Recharge Areas.
20.14.410 DESCRIPTION AND PURPOSE.
Groundwater from aquifers provides a source of potable water and contributes to stream
discharge/flow. Critical aquifer recharge areas contribute to the recharge of aquifers, springs
and/or wells and are susceptible to contamination of water supplies through infiltration of
pollutants through the soil. City residents rely on an essential life-sustaining safe drinking water
supply. A significant portion of the City's drinking water comes from groundwater supplies in
aquifers. The primary goals of groundwater protection regulations are to protect groundwater
quality by maintaining the quantity of recharge; avoiding or limiting land use activities that pose
38
Critical Areas
potential risk of aquifer contamination and; to minimize or avoid adverse impacts to groundwater
protection areas through the application of performance standards, and to comply with the
requirements of the Federal Safe Drinking Water Act, Washington Administrative Code, and the
requirements of the Wellhead Protection Program.
20.14.420 CLASSIFICATION AND DESIGNATION.
Critical Aquifer Recharge Areas are those land areas that contain hydrogeologic
conditions that facilitate aquifer recharge and/or transmission of contaminants to an underlying
aquifer. Critical aquifer recharge areas under this section may be established based on general
criteria, specifically designated due to special circumstances, or based on scientific studies and
mapping efforts. Factors considered in the identification of critical aquifer recharge areas include
depth to water table, presence of highly permeable soils (specifically Group A Hydrologic soils),
presence of flat terrain, and the presence of more permeable surficial geology. Critical Aquifer
Recharge Areas may be placed in one of the following categories:
(a) Category I Critical Aquifer Recharge Areas: Category I critical aquifer
recharge areas are those areas where potential for certain land use activities to adversely affect
groundwater is high. Category I critical aquifer recharge areas include:
(1) Areas inside the five-year time oftravel zone for Group A water system
wells, calculated in accordance with the Washington State Source Water Assessment Program.
(2) Ten-year time-of-travel zones in wellhead protection areas are included as
critical aquifer recharge when a well draws its water from an aquifer that is at or above sea level
and is without an overlying protective impermeable layer.
(3) Areas identified as regionally significant aquifer recharge areas and
identified as such by the City are:
. Gorst Basin Aquifer recharge area, and
. Other areas that may be identified in the future
(b) Category II Critical Aquifer Recharge Areas: Category II critical aquifer
recharge areas are areas that provide recharge to aquifers that are current or potentially will
become potable water supplies and are vulnerable to contamination based on the type ofland use
activity. These include the following:
(1) Highly Permeable Soils (Group A Hydrologic Soils). The general
location and characteristics of Group A Hydrogeologic soils in the City is given in the Soils
Survey of Kitsap County by the u.S. Department of Agriculture, Natural Resources
Conservation Service (NRCS). The soil survey information is available at the Department of
Community Development.
(2) Areas above Shallow / Vashon Principal Aquifers. Surface areas above
shallow, principal aquiferes) which are not separated from the underlying aquifers by an
impermeable layer that provides adequate protections to preclude the proposed land use from
contaminating the shallow aquiferes) below, are considered aquifer recharge areas of concern.
20.14.430 DEVELOPMENT STANDARDS.
(a) Allowed Activities: The following activities are allowed in critical aquifer
recharge areas and do not require submission of a Hydrogeological Assessment:
(1) Construction of structures and improvements, including additions,
resulting in less than five percent (5%) or 2,500 square feet (whichever is greater) total site
39
Critical Areas
impervious surface area that does not result in a change of use or increase the use of a hazardous
substance.
(2) Development and improvement of parks, recreation facilities, open space,
or conservation areas resulting in less than five percent (5%) total site impervious surface area
that do not increase the use of a hazardous substance.
Standards for development shall be in accordance with the provisions below and
the requirements of other underlying city regulations.
(3) On-site domestic septic systems releasing less than 14,500 gallons of
effluent per day and that are limited to a maximum density of one (1) system per one (1) acre.
(4) Residential Use of Pesticides and Nutrients, Application of household
pesticides, herbicides, and fertilizers that do not exceed times and rates specified on the
packaging.
(5) Residential storage or use of petroleum and petroleum products.
(6) Activities which have a potential contamination source below threshold
amounts as set forth in applicable statues of the Revised Code of Washington or local
regulations. The purpose ofthis clause is to allow for small-scale and residential activities
thought to have no significant impacts to critical aquifer recharge areas.
(b) Prohibited Activities: The following activities. and uses are prohibited in Category
I critical aquifer recharge areas. . .' '.
(1) Landfills, including hazardous or dangerous waste, municipal solid waste,
special waste, and wood waste;
(2) Underground Injection Wells. Wells which meet the requirements of
Chapter 173-218 WAC and Chapter 173-200 WAC with the exception of 5B22, 5D2, 5G30,
5WI2,5W32,5R21,5S23;
(3) Commercial mining and washing of metals, hard rock, sand and gravel;
(4) Chemical wood preservation and/or treatment Facilities;
(5) Storage, processing,' or disposal of radioactive substances;
(6) Commercial activities that are not connected to an available sanitary
sewer system;
(7) Use or storage of pesticides listed as "state restricted use pesticides" by
WAC 16-228;
(8) Within 1600 feet of Twin Lakes, any use of pesticides, and use fertilizers
above agronomic rates;
(9) Oil and Gas Drilling as defined in WAC 332-12-450 and WAC 173-218.
(10) Underground storage of hazardous substances as regulated by WAC 173-
360;
(11) Use, storage, treatment, or production of perchlorethylene (PCE), other
than in closed-loop systems that do not involve any discharge ofPCE;
(12) Petroleum refining, reprocessing, storage and petroleum-product pipelines;
(13) Electroplating/metal finishing.
(14) Activities that would significantly reduce the recharge to aquifers
currently or potentially used as a potable water source; and
(15) Activities that would significantly reduce the recharge to aquifers that are
a source of significant base flow to a regulated stream.
40
Critical Areas
'~ . f
20.14.440 ALLOWED USES WITH PERFORMANCE STANDARDS.
(a) General Requirements: Any activity not specifically exempted through BMC
20.14.430 as allowed or prohibited may be permitted in a critical aquifer recharge area if all of
the following criteria are met (A list of specific uses with a potential threat to ground water can
be found in BMC 20.14.440(b):
(1) Hydrogeological Assessment:
(i) For Category I aquifer recharge areas the applicant must show
through a hydrogeological assessment, that the proposed activity will not cause significant
impact to aquifer quality or recharge. The hydrogeological assessment will be evaluated and
treated as a special- use review and be reviewed by the Department, the health district, affected
tribes, and affected water purveyors. An incompatible activity can be denied by the Director;
(ii) For Category II aquifer recharge areas a hydrogeological
assessment may be required. The scope of the report shall be based on site specific conditions.
The hydrogeological assessment will be evaluated and treated as a special use review and be
reviewed by the Department, the health district, affected tribes, and affected water purveyors.
An incompatible activity can be denied by the Director. [The need for additional information will
be determined by the Department, the health district, and the affected water purveyor. Based on
the report, controls, mitigation, and/or other requirements will be established as a prerequisite for
the development proposal being approved.
(2) The proposed activity must comply with the source water protection
requirements and recommendations of the U.S. Environmental Protection Agency, Washington
State Department of Health, Washington Department of Ecology, and the Kitsap County Health
District; and
(3) The proposed activity shall be designed and constructed in accordance
with the Title 15 BMC Municipal Utilities; and
(4) The applicant must explore Low Impact Development site design
alternatives and implement them where economically feasible. Low Impact Development
techniques can include, but are not limited to:
(i) Rainwater harvesting;
(ii) Reverse slope sidewalks;
(iii) Vegetated roofs;
(iv) Bioretention areas (rain gardens) and;
(v) Pervious pavement.
(b) Potential Threats to Groundwater: Specific uses with potential threat to
groundwater can include, but are not limited to the following. Uses meeting the listed
performance standards may be allowed if the criteria ofBMC 20.14.440 are met.
(1) Anything that is not exempt per BMC 20.14.430;
(2) All storage tanks proposed to be located in a critical aquifer recharge area
must comply with local building code requirements and must conform to the following
requirements:
(i) All new aboveground storage facilities proposed for use in the
storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:
a. Not allow the release of a hazardous substance to the
ground, ground waters, or surface waters;
b. Have a primary containment area enclosing or underlying
the tank or part thereof; and
41
Critical Areas
c. A secondary containment system either built into the tank
structure or a dike system built outside the tank for all tanks.
(3) Vehicle Repair and Servicing
(i) Vehicle repair and servicing must be conducted over impermeable
pads and within a covered structure capable of withstanding normally expected weather
conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a
manner that protects them from weather and provides containment should leaks occur.
(ii) No dry wells shall be allowed in critical aquifer recharge areas on
sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility
establishment must be abandoned using techniques approved by the state Department of Ecology
prior to commencement of the proposed activity.
(4) Water reuse projects for reclaimed water must be in accordance with the
adopted water or sewer comprehensive plans that have been approved by the State Departments
of Ecology and Health.
(i) Use of reclaimed water for surface percolation must meet the
ground water recharge criteria given in Chapter 90.46.080(1) and Chapter 90.46.010(10) RCW.
The State Department of Ecology may establish additional discharge limits in accordance with
Chapter 90.46.080(2) RCW.
(ii) Direct injection must be in accordance with the standards
developed by authority of Chapter 90.46.042 RCW.
(5) Automobile Washers as defined in WAC 173-216.
(6) Chemical treatment Storage and Disposal Facilities as defined in WAC
173-303-182.
(7) Hazardous Waste Generators. Including but not limited to: Boat repair
shops, biological research facilities, dry cleaners, furniture stripping, motor vehicle service
garages, photographic processing, printing and publishing shops, medical and dental facilities,
etc. as defined in WAC 173-303.
(8) Junk Yards and Salvage Yards as defined in WAC 173-304, Best
Management Practices to Prevent Storm water Pollution at Vehicle Recycler Facilities (WDOE
94-146).
(9) On-Site Sewage Systems (Large Scale) as defined in WAC 173-240.
(10) On-Site Sewage Systems (< 14,500 gal/day) as defined in WAC 246-272.
(11) Pesticide Storage and Use as defined in RCW 15.54 and WAC 17.21.
(12) Sawmills as defined in \V AC 173-303 and 173-304, WDOE publication
number 95-53, Best Management Practices to prevent Storm water Pollution at Log Yards.
(13) Solid Waste Handling and Recycling Facilities as defined in WAC 173-
304.
(14) Wastewater Application to Land Surface as defined in WAC 173-216 and
173-200, and WDOE Land Application Guidelines, Best Management Practices for Irrigated
agriculture.
(15) New impervious surface area exceeding 20,000 Square feet.
(16) Beneficial use ofbiosolids as defined in WAC 173-308.
(17) Golf Courses provided:
(i) Fertilizer use is not above agronomic rates,
(ii) Pesticides are managed and applied by properly licensed personnel,
and use of all pesticides is approved by the affected water utility;
42
Critical Areas
(iii) The golf course allows for periodic monitoring by the Department or
an affected water utility.
(18) Non-commercial gravel and sand mining provided the extraction of
materials remains no less than ten (10) feet above the level of the aquifer.
(c) Affected Agency Review: The City will notify Kitsap County Health District
and affected water utilities and will request them to comment during the preliminary phases of
the City's review process on all proposed projects defined in BMC 20.14.440 (b) or other uses
not explicitly allowed or prohibited in BMC 20.14.430. The City in conjunction with these
agencies may approve, deny, or condition proposals.
(d) Inspection: City personnel may inspect at reasonable times, upon presentation of
credentials, as part of its Wellhead Protection Program any activity that is known to manage or
potentially manage hazardous materials.
20.14.450 HYDROGEOLOGIC ASSESSMENT.
The assessment shall address the impact the proposed land use will have on both the
quality and quantity of the water transmitted to the aquifer.
(a) The assessment shall be submitted to the Department and shall address, at a
minimum, the following criteria:
(1) Surficial soil type and geologic setting;
(2) Location and identification of wells within 1,000 feet of the site;
(3) Location and identification of surface water bodies and springs within
1,000 feet of the site with recharge potential;
(4) Description of underlying aquifers and aquitards, including water level,
gradients and flow direction;
( 5) Available surface water and groundwater quality data;
(6) Effects of the proposed development on water quality;
(7) Sampling schedules required to assure water quality;
(8) Discussion of the effects of the proposed development on the groundwater
resource;
(9) Recommendations on appropriate BMPs (Best Management Practices) or
mitigation to assure no significant degradation of groundwater quality; and
(10) Other information as required by the Kitsap County Health District.
(11) The assessment shall also address the types of pesticides, herbicides and
fertilizers that can safely be used for the care oflandscaping proposed by the applicant.
(b) The hydrogeologic assessment shall be prepared by a professional
geologist/hydrologist or by a soil scientist with a strong background in geology (see Section
19.150.365).
(c) Applications for development or operations with underground storage of
petroleum products will be processed using the appropriate procedure as specified in existing
Kitsap County ordinances.
(d) Analysis for a specific parcel(s), using the criteria outlined below, will be
employed to confirm if the soils present require a recharge area designation. Data collection will
include, at a minimum, six soil logs to a depth of ten feet (or to a depth four feet below the
lowest proposed excavation point whichever is greater) for each acre in the parcel(s) being
evaluated. At least one well, two hundred feet or greater in depth with an adequate drilling
report, must be available within one mile. The associated data shall be analyzed and included in
43
Critical Areas
the hydrogeologic assessment to determine the presence of highly permeable soils with the
recharge area designation.
20.14.500 FREQUENTLY FLOODED AREAS.
Sections 20.14.500 through 20.14.530 of this Chapter pertain to Frequently Flooded
Areas.
20.14.510 DESCRIPTION AND PURPOSE.
It is the purpose of this Chapter to promote the public health, safety, and general welfare,
and to minimize public and private losses due to flood conditions in specific areas caused by
flooding. In addition, this section will give special consideration to anadronomous fish habitat in
combination with BMC 20.14.700 Fish and Wildlife Habitat Conservation Areas.
20.14.520 CLASSIFICATION AND DESIGNATION.
Classifications of flood hazard areas shall be consistent with the 100-year floodplain
designation of the Federal Emergency Management Agency and the National Flood Insurance
Program.
20.14.530 DEVELOPMENT STANDARDS.
All development proposals shall comply with Section 17.60 of the Bremerton Municipal Code
for general and specific flood hazard protection. Development shall not reduce the base flood water
storage ability. Construction, grading or other regulated activities that would reduce the flood water
storage ability must be mitigated by creating compensatory storage on or off-site. Base flood data and
flood hazard notes shall be shown on the face of any recorded plat or site plan including, but not
limited to, base flood elevations, flood protection elevation, boundary of floodplain, and zero rise
floodway.
20.14.600 GEOLOGICALLY HAZARDOUS AREAS.
Sections 20.14.600 through 20.14.660 of this Chapter pertain to Geologically Hazardous
Areas.
20.14.610 PURPOSE.
The purpose of this Section is to protect human life and property from potential risks
related to development on or near geologically hazardous areas. Geologically hazardous areas
include areas susceptible to erosion, sliding, geologic events, landslides, and moderate and steep
slope areas. This section classifies geologically hazardous areas and sets development standards
for development and clearing in or near geologically hazardous areas.
20.14.620 CLASSIFICATION.
The following categories shall be used in classifying geologically hazardous areas:
(a) Areas of High Geologic Hazard are areas meeting either of the following two
criteria:
(1) Areas with slopes greater than forty percent (40%) with vertical relief of
ten (10) or more feet; or
(2) Areas with slopes greater than thirty percent (30%) with vertical relief of
ten (10) or more feet, and any of the following characteristics:
44
Critical Areas
(i) Unstable Soil or Shoreline classified as "Unstable" (U), "Unstable
Old Slides" (UOS), "Unstable Recent Slides" (URS), or "Intermediate" (I) by the US
Department of Agriculture Soil Conservation Service, US Geologic Survey, the Washington
Department of Ecology Coastal Zone Atlas, or qualified geologist or geotechnical engineer;
(ii) Groundwater Seepage or springs present on the slope, areas
underlain by impermeable silts or clays, or mappable emergent water;
(iii) Erosion Hazard as indicated by potential for stream or wave
incision or as classified as 'highly erodible' or 'potentially erodible' by the Natural Resources
Conservation Service.
(iv) Seismic Areas subject to liquefaction from earthquakes such as
hydric soils as identified by the Natural Resources Conservation Service, and areas that have
been filled to make a site more suitable.
(b) Areas of Moderate Geologic Hazard are any areas with slopes of thirty percent
(30%) or greater and vertical relief of ten (10) or more feet, and any areas with slopes of fifteen
percent (15%) to thirty percent (30%) with vertical relief often (10) or more feet and any of the
characteristics per BMC 20.l4.620(2)(i) - (iii) above. Seismic hazard areas subject to
liquefaction from earthquakes, areas with hydric soils, and areas of loose fill shall be classified
as Moderate Geologic Hazard Areas regardless of percent slope.
(c) Site Specific Determination. Site specific geological reports may be used to
determine the classification of a potentially geologically hazardous area in either of the following
cases:
(1) When an applicant questions the information the Department must rely on
to determine whether a location is classified as a Geologically Hazard area, the applicant may
submit an appropriate site specific geological report. If supportable by the geological report the
Department may make a non-geologically hazardous determination.
(2) The Department is authorized but not mandated to require submittal of a
geological report for any proposal on a site with slopes of fifteen percent (15%) or greater and
vertical relief of ten (10) or more feet, or potential seismic hazard areas. Requests by the
Department for submittal of a geological report may be made when slope percentages are poorly
documented, or when it is deemed through site visit, close proximity to mapped areas of unstable
soils, previously prepared geological reports in the vicinity, or other pertinent information that a
probably likelihood of soil instability per BMC 20. 1 4.620(2)(i) - (iv) above exists on the site.
The Department shall not make requests for geological reports in cases where slope percentages
are well documented and there is a probable likelihood of stable soil characteristics on the site.
20.14.630 DEVELOPMENT STANDARDS.
The following standards shall apply to any land or vegetation modification or
construction within a geologically hazardous area as classified per Section 21.14.620 above, and
its buffer as described herein. The Department will approve, approve with conditions or deny
the development proposal base on its ability to meet the development standards. The
Department will also consider any proposed mitigation measures or buffer reductions included in
a Geotechnical Report per BMC 20.l4.630(c) below.
(a) Areas of High Geologic Hazard as classified per BMC 20.14.620(a) shall be
subject to the following standards:
45
Critical Areas
(l) Building and Impervious Surface Buffer. No construction of any structure
or impervious surface is allowed within fifty (50) feet of the top and toe of the slope, unless
reductions supportable by a Geotechnical Report are approved.
(2) Native Vegetation Buffer. Native vegetation shall be in place from the toe
of the slope to twenty-five (25) feet beyond the top of the slope, unless modifications supportable
by a Geotechnical Report are approved. Native vegetation shall meet the standards ofBMC
20.14.630(g) below.
(b) Areas of Moderate Geologic Hazard as classified per BMC 20.14.620(b) above
shall be subject to the following standards:
(1) Building and Impervious Surface Buffer. No construction of any structure
or impervious surface is allowed within twenty-five (25) feet ofthe top and toe of the slope,
unless reductions supportable by a Geotechnical Report are approved.
(2) Native Vegetation Buffer. Native vegetation shall be in place from the toe
of the slope to 25 feet beyond the top of the slope, unless modifications supportable by a
Geotechnical Report are approved. Native vegetation shall meet the standards ofBMC
20.14.630(g).
(c) Reductions with Geological or Geotechnical Report. Modifications and/or
reductions to the buffers prescribed per BMC 20.14.630a(l)-(2) and BMC 20.14.640b(1)-(2)
above may be granted if a geotechnical or geological report demonstrates that modified or
reduced buffers, through design and engineering solutions, will provide protection to the
proposed development and adjacent properties equal to that ofthe standard buffer. Such reports
are subject to third party review per BMC 20.14.660(h). Reductions shall utlilize the Mitigation
and Performance Standards listed per BMC 20.14.650 to the greatest possible extent.
Requirements for geotechnical and geological reports are outlined in BMC 20.14.660.
(d) Buffer Increase: Should the Department determine based on a Geological or
Geotechnical Report that greater buffers than required per BMC 20.14.630a(l )-(2) and BMC
20. 14.640b(l )-(2) above are necessary to protect the proposed development and adjacent
properties, greater buffers may be required. The Department may require an applicant to submit
a geotechnical report with any proposal for land alteration that is located within two hundred
(200) feet of an area of high or moderate geologic hazard if it determines through site visit,
review of available documents, or history of prior events in the area, that the proposal could
potentially require increased buffers to ensure safety.
( e) Elimination of Danger Trees: Within high or moderate geologic hazard areas
removal of danger trees may be allowed only if such activity is approved by the Department,
provided a certified arborist in the State of Washington makes a written determination that the
trees proposed for elimination present a legitimate safety hazard.
(f) Vegetation Thinning: Within high or moderate geologic hazard areas, minor
pruning of vegetation or trees for view enhancement may be allowed only if such activity is
approved by the Department. The following are allowable methods and techniques for
vegetation thinning, except that mature or old growth trees shall only be treated per method
BMC 20.14.630(f)(5);
(l) Tree Thinning: The selective removal of branches in the inner crown of
the tree, provided no more than 25% of a tree's leaf-bearing crown is removed. An even
distribution of interior small branches and foliage on remaining limbs shall be maintained to
avoid over-thinning.
46
Critical Areas
(2) Tree Raising: The removal of the lower branches of a tree in order to
provide clearance for passage or vistas. After raising, the height of the pruned portion shall not
exceed one-third ofthe total tree height, provided that removal of branches from the lower
portion shall not exceed 25% ofthe tree's leafbearing crown.
(3) Tree Reduction: Reducing the height or spread of a tree for clearance or
vistas by selectively removing leaders and terminals of branches. Cuts should be made to lateral
branches at unions, whereby the cut branch is at least one-third the diameter of the stem at the
union. No more than 25% of a tree's crown mass shall be removed, unless it can be
demonstrated that further reduction is necessary for functions such as utility clearance.
(4) Tree Topping: Topping shall be used as a last resort when it can be
demonstrated that methods (1 )-(3) above are not feasible, or when it can be demonstrated by a
certified arborist that topping is less harmful to the particular species of tree than other listed
methods. Topping is the indiscriminate cutting of branches and laterals to stubs at a specific tree
height or spread, often exceeding 25% ofa tree's crown mass. Topping is harmful to a tree and
creates unsightly regrowth that requires future trimming at frequent intervals. When tree topping
is used in a geologically hazardous area, the root system shall remain in place.
(5) Pruning Mature Trees: Mature and old growth trees are more susceptible
to permanent damage or death from pruning. Pruning of mature trees should only be done as a
corrective or preventative measure, such as the removal of decayed, rubbing, or crowded
branches.
(6) Brush Removal: Clearing of non-invasive brush, shrubs, natural grasses
and other such vegetation shall be the minimum necessary to maintain vistas, passage and other
necessary functions.
(g) Native Vegetation: Native vegetation shall be of appropriate plant selection and
species to perform slope stabilization and erosion prevention functions. The Department may
require vegetation enhancement with appropriate species, and may call for an analysis of the
relationship between vegetation and slope stability per BMC 20.14.660( e )(1). Valid scientific
resources such as Washington State Department of Ecology documents Vegetation Management:
A Guide For Puget Sound Bluff Property Owners, and Erosion Control Using Vegetation should
be consulted when vegetation is proposed for slope stabilization and erosion control purposes.
(h) Erosion Control: Clearing or grading of any area within a high or moderate
geologic hazard area or within two hundred (200) feet of the high or moderate geologic hazard
area shall be limited to the period between May 1 to October 1, unless the applicant provides an
erosion and sedimentation control plan prepared by a qualified professional licensed in the state
of Washington that specifically and realistically identifies methods of erosion control for wet
weather conditions. All land modification proposals shall be consistent with the guidelines set
forth in BMC 15.04.042 System Development and Construction Standards. The faces of all cut
and fill slopes shall be protected to prevent erosion as required by the engineered erosion and
sedimentation control plan.
(i) Stormwater Runoff: At no time shall concentrated stormwater runoffbe
allowed to surface flow directly over a moderate or high geologically hazardous areas or its
buffer on a subject site or on neighboring properties. To reduce potentially harmful stormwater
runoff discharge from impervious surfaces, the Department may approve reductions to required
parking standards, provided it can be demonstrated that such reductions would not significantly
impact neighboring properties. Stormwater discharge shall meet all standards set forth in BMC
15.04.042, System Development and Construction Standards.
47
Critical Areas
(j) Significant Development Risk: In cases where a geotechnical report indicates a
significant risk to public health, safety and welfare, the Department shall deny or require revision
of the site development proposal
(k) Utilities, Trails, and Roads: The following activities are allowable within
geologically hazardous areas and buffers provided it can be demonstrated through a geotechnical
report that construction will not significantly increase landslide or erosion risk:
(1) Public or private trails approved by the Department per the provisions of
this Chapter;
(2) Public or private utilities;
(3) Public roads and related infrastructure.
(1) On Site Sewage Disposal: On-site sewage disposal should be avoided in areas of
high geologic hazard and their buffers. In cases where such areas cannot be avoided, review by a
geologist or a geotechnical engineer licensed in the state of Washington will be required in
coordination with the Kitsap County Health District.
(m) Construction for Earthquake Loads: All construction must meet the
requirements ofthe City Building Code as set forth in Chapter 17.04 BMC.
20.14.650 MITIGATION, PERFORMANCE STANDARDS &
REQUIREMENTS.
(a) The following project design and location techniques are preferred in areas of
moderate or high geologic hazard and their buffers. The Department may condition or modify
development proposals to require incorporation of such design techniques in cases where their
application would increase public safety and welfare without substantially altering the allowable
scope and scale ofthe proposal:
(1) Minimize soil disturbance and vegetation removal;
(2) Cluster structures to maintain natural topography;
(3) Minimize building footprints and impervious surface areas;
(4) Construct roads, walkways and parking areas to parallel natural contours;
(5) Provide access in areas of the site with less sensitivity;
(6) Avoid toe armoring at the base of banks, bluffs and near shorelines. Toe
armoring is only an acceptable engineering solution when it meets the provisions ofBMC
20. 14.660(b) below, and all requirements of the Bremerton Shoreline Master Program and other
Sections of this Chapter.
(7) The following performance and mitigation standards shall apply to
seismically hazardous areas;
(i) Avoid construction of structures using unreinforced masonry
materials in areas of hydric soils, fill, or other soils prone to liquefaction from earthquakes;
(ii) When redevelopment is proposed on a site containing hydric soils,
fill, or other soils prone to liquefaction from earthquakes encourage replacement or removal of
existing unreinforced masonry structures;
(iii) Use appropriate building footing techniques such as pilings on
sites containing hydric soils, fill, or other soils prone to liquefaction from earthquakes;
(iv) Avoid construction of essential public facilities, other potential
emergency response facilities, and largescale public gathering places on sites underlain by
known surface fault lines.
48
Critical Areas
20.14.660 SPECIAL REPORTS.
Whenever development is proposed in a geologically hazardous area as defined in BMC
20.14.620, or when the Department determines that additional soils and slope analysis is
appropriate on a particular site per BMC 20.14.620( c), the applicant is required to submit a
geotechnical or geological report that evaluates the surface and subsurface soil conditions on the
site.
(a) Qualifications: Geotechnical reports shall be prepared by a qualified
professional (defined in BMC 20.14.200 under qualified professional).
(b) General Provisions: Report recommendations for earthwork, clearing or siting
structures in geologically hazardous areas shall be based on existing site conditions rather than
measures that have not yet been successfully approved or constructed (e.g. slope re-contouring,
retaining walls, bulkheads etc.). Shoreline bulkheads and retaining walls may only be utilized as
an engineering solution where it can be demonstrated that:
(1) An existing structure or existing public facility such as roads cannot be
safely maintained without such measures;
(2) Other non-structural methods of beach stabilization have been considered
and determined infeasible; and
(3) The resulting stabilization structure is the minimum necessary to provide
stability for the existing structure and appurtenances.
(c) Minor Repairs: Minor repair activities on existing permitted structures (i.e. those
that do not involve design modifications, changes in structure location, and/or demolition or
abandonment of failed structure and replacement with new structures) are not subjectto the
following project submittal requirements.
(d) Geological Reports: A Geological report is required for site development
proposals that involve development activities within a geological hazardous area or its buffer per
BMC 20.14.630(c) above, but do not require an engineered solution. The following minimum
information is required:
(1) Description of surface and subsurface conditions, including ground
materials, vegetation, surface drainage, groundwater, and a preliminary geologic hazard
assessment which includes the location of structures and the identification of the slope and/or
coastal processes occurring at the site and factors that contribute to them;
(2) Review of available information, literature, and mapping;
(3) Detailed description of slope and other topographic features; and
(4) Conceptual siting of structure and general recommendation which include
methods and practices that avoid and/or reduce slope and shore impacts. Minimum
recommendations should include upland and slope drainage control, groundwater control, site
vegetation management, and erosion control.
(e) Geotechnical Reports: A Geotechnical report is required when the Department
or Geological Report determines that a site development proposal requires additional site
information such as engineering design recommendation, slope stability analysis, subsurface
exploration and testing, coastal process analyses, or construction recommendations. Depending
on the level of activity proposed, the report will either be a more limited Geotechnical Slope
Evaluation Report, or a full Geotechnical Design Investigation Report as described below:
(1) Geotechnical Slope Evaluation Report: A Geotechnical Slope Evaluation
Report is required when slope stability analyses are confined to existing surface and lor drainage
conditions, including the relationship of natural and constructed slope features to proposed
49
Critical Areas
changes in environmental conditions such as drainage, vegetation removal and slope geometry.
The following minimum information is required:
(i) All information under (d) above;
(ii) Subsurface data, exploration logs, and testing data, when required
by the geotechnical engineers;
(iii) Estimated (or surveyed) contour map and site plan, and the
Department may require ground surface profiles and typical cross-sections;
(iv) Relative location of Ordinary High Water (OHW) on the surface
profile and cross-sections which include Mean Higher High Water (MHHW) for the site
location, where applicable;
(v) Soil strength parameters;
(vi) Stability analysis of existing site;
(vii) Analysis ofthe relationship of vegetation and slope stability; and
(viii) Conceptual site development plans and cross-sections.
(2) Geotechnical Design Investigation Report: A Geotechnical Design
Investigation Report is required for site development activities that propose design and
construction measures at the slope crest, face and/or toe. If a designed structure does not impact
slope stability or coastal processes, the report will not be required to perform all items listed
under this section, as long as each item is addressed and the report details why a particular item
does not apply. The following information is required:
(i) All the information required under Subsection (e)(1) above;
(ii) Geotechnical requirements and measures to reduce risks;
(iii) Geotechnical criteria used for any designs including all critical
dimension, lateral earth pressures, soil bearing pressures, location and limits of structure on or
near the slope, maximum constructed slope angles, minimum soil reinforcement embedment, soil
compaction requirements, and structure heights;
(iv) Temporary construction slope stability recommendation and
analyses of proposed final site stability measures;
(v) Required construction specification and construction monitoring
procedures;
(vi) Revegetation and surface and groundwater management
requirements;
(vii) Evaluation of erosion potential and recommendations for erosion
avoidance and any proposed mitigation measures;
(viii) Detailed tabulation of all basic geotechnical engineering test
results pertinent to design and construction, and when required for clarification, detailed
examples of tests conducted for the project; and
(f) Revisions to Geotechnical Reports: Further recommendations shall be provided
by the geotechnical engineer should there be additions or exceptions to the original
recommendation based on the plans, site condition, or other supporting data. If the geotechnical
engineer who revises the plans and specification is not the same engineer who prepared the
geotechnical report, the new engineer shall, in a letter to the Department, express his or her
agreement or disagreement with the recommendations in the geotechnical report and state
whether the plans and specification conform to his or her recommendations.
(g) Plan and Specification Review: When the engineered solutions are proposed,
the geotechnical engineer shall submit a statement that in his or her judgment, the plans and
50
Critical Areas
specifications (if prepared by others) conform to the recommendations in the geotechnical report
and that all portions of the site which are disturbed or impacted by the proposed development
have appropriate measures or specification that permit construction to occur while addressing
slope stability so that the work does not create additional risk. The statement shall also indicate
whether or not a relative gain in slope stability will be achieved after construction is complete.
(h) Monitoring and Third Party Review:
(1) To protect public health, safety and welfare, the Department may call for a
Third Party Review of any geotechnical report in cases where it determines there may be
substantial damage to life, property or the environment should a proposed engineered solution
fail. When a third party review is required, costs incurred for a qualified third party geotechnical
engineer to perform the review shall be borne by the applicant.
(2) Where revegetation or plantings are proposed as a method to ensure slope
stability, a monitoring program shall be included as a part of the approved geotechnical report.
To ensure that the performance standards ofthe approved geotechnical report are met, the
vegetation shall be monitored for a minimum of five (5) years. A longer monitoring period may
be required by the City based on either the initial report, or a review of subsequent monitoring
reports. The monitoring reports shall be submitted on August 1 st of each year during the
monitoring period.
(i) Construction Inspection: A final inspection report shall be provided by the
geotechnical engineer stating that construction has or has not implemented the design
recommendations of the geotechnical report, and evaluating of any deviation from the design
recommendations.
20.14.700 FISH AND WILDLIFE HABITAT CONSERVATION AREAS.
Section 20.14.700 through 20.14.770 of this Chapter pertain to Fish and Wildlife Habitat
Conservation Areas.
20.14.710 DESCRIPTION AND PURPOSE.
The intent of these regulations is to avoid impacts to streams, riparian habitat,
anadromous fish, and wildlife conservation areas where such avoidance is feasible and
reasonable. This section ofthe city code contains standards, guidelines, criteria and requirements
intended to identify, evaluate and mitigate potential impacts to habitat conservation areas within
the city and to enhance degraded habitat and streams in appropriate cases. In appropriate
circumstances, impacts resulting from regulated activities may be minimized, rectified, reduced
and/or compensated for, consistent with this Chapter. The regulations are to: manage land so as
to maintain fish and wildlife species in suitable habitats within their natural geographic
distribution so that isolated subpopulations are not created and achieve no net loss in fish or
wildlife habitat, or stream functions.
20.14.720 CLASSIFICATION AND DESIGNATION OF FISH AND
WILDLIFE HABITAT CONSERVATION AREAS.
Classification and Designation ofFish and Wildlife Habitat Conservation Areas is an
ongoing process, while not all of the following critical habitat conservation areas are known to
exist in the City their designation here allows for future categorization for protection. The
following categories shall be used for relevant development standards of BMC 20.14.730.
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Critical Areas
(a) Streams and Shorelines: All streams and shorelines which meet the criteria for
Type S, F, Np or Ns waters as set forth in WAC 222-16-030 of the Department of Natural
Resources Water Typing System.
(1) Type S Water means all waters, within their bankfull width, as inventoried
as "shorelines ofthe state" under Chapter 90.58 RCW and the rules promulgated pursuant to
Chapter 90.58 RCW including periodically inundated areas oftheir associated wetlands.
(2) Type F Water means segments of natural waters other than Type S
Waters, which are within the bankfull widths of defined channels and periodically inundated
areas of their associated wetlands, or within lakes, ponds, or impoundments having a surface area
of 0.5 acre or greater at seasonal low water and which in any case contain fish habitat or are
described by one of the following four categories:
(i) Waters, which are diverted for domestic use by more than 10
residential or camping units or by a public accommodation facility licensed to serve more than
10 persons, where such diversion is determined by the Department to be a valid appropriation of
water and the only practical water source for such users. Such waters shall be considered to be
Type F Water upstream from the point of such diversion for 1,500 feet or until the drainage area
is reduced by 50 percent, whichever is less;
(ii) Waters, which are diverted for use by federal, state, tribal or
private fish hatcheries. Such waters shall be considered Type F Water upstream from the point of
diversion for 1,500 feet, including tributaries ifhighly significant for protection of downstream
water quality. The Department may allow additional harvest beyond the requirements of Type F
Water designation provided the Department determines after a landowner-requested on-site
assessment by the Department ofFish and Wildlife, Department of Ecology, the affected tribes
and interested parties that:
a. The management practices proposed by the landowner will
adequately protect water quality for the fish hatchery; and
b. Such additional harvest meets the requirements of the water
type designation that would apply in the absence ofthe hatchery;
(iii) Waters, which are within a federal, state, local, or private
campground having more than 10 camping units: Provided, That the water shall not be
considered to enter a campground until it reaches the boundary of the park lands available for
public use and comes within 100 feet of a camping unit, trail or other park improvement;
(iv) Riverine ponds, wall-based channels, and other channel features
that are used by fish for off-channel habitat. These areas are critical to the maintenance of
optimum survival of fish. This habitat shall be identified based on the following criteria:
a. The site must be connected to a fish habitat stream and
accessible during some period of the year; and
b. The off-channel water must be accessible to fish.
(3) Type Np Water means all segments of natural waters within the bankfull
width of defined channels that are perennial non-fish habitat streams. Perennial streams are
waters that do not go dry any time of a year of normal rainfall. However, for the purpose of
water typing, Type Np Waters include the intermittent dry portions of the perennial channel
below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be
identified with simple, non-technical observations (see board manual section 23), then Type Np
Waters begin at a point along the channel where the contributing basin area is:
52
Critical Areas
(i) At least 13 acres in the Western Washington coastal zone (which
corresponds to the Sitka spruce zone defined in Franklin and Dymess, 1973);
(ii) At least 52 acres in other locations in Western Washington; or
(iii) At least 300 acres in Eastern Washington.
(4) Type Ns Water means all segments of natural waters within the bankfull
width of the defined channels that are not Type S, F, or Np Waters. These are seasonal, non-fish
habitat streams in which surface flow is not present for at least some portion of a year of normal
rainfall and are not located downstream from any stream reach that is a Type Np Water. N s
Waters must be physically connected by an above-ground channel system to Type S, F, or Np
Waters.
(b) Saltwater Shorelines, Lakes 20 Acres and Greater in Surface Area: Those
saltwater shorelines and lakes defined as shorelines of the state in the Shoreline Management Act
of 1971 and the Bremerton Shoreline Master Program as amended, Shorelines include: Type S
waters as set forth in WAC 222-16-030 (DNR Water Typing System) as amended; commercial
and recreational shellfish areas; kelp and eelgrass beds; and forage fish spawning areas (i.e.
herring, smelt, and sand lance).
(c) Lakes Less than 20 Acres in Surface Area: Those lakes which meet the criteria
for Type F, Np, and Ns waters as set forth in WAC 222-16-030 as amended. This includes lakes
and ponds less than 20 acres in surface area and their submerged aquatic beds, lakes, and ponds
planted with game fish by a governmental or tribal authority.
(d) Class I Fish and Wildlife Conservation Areas:
(1) Habitats and species recognized by federal or state agencies for federal
and/or state listed endangered, threatened and sensitive species that have primary association
documented in maps or databases available to the City and that, if altered, may reduce the
likelihood that the species will maintain and reproduce over the long term.
(2) Areas targeted for preservation by the federal, state, and/or local
government which provide fish and wildlife habitat benefits, such as the shared strategy process
for Puget Sound; and areas of primary association for anadromous fish and important waterfowl
areas identified by the U.S. Fish and Wildlife Service.
(3) Areas that contain habitats and species of local importance. These areas
are identified by the City, including but not limited to those habitats and species that, due to their
population status or sensitivity to habitat manipulation, warrant protection. Habitats may include
a seasonal range or habitat element with which a species has a primary association, and which, if
altered, may reduce the likelihood that the species will maintain and reproduce over the long
term. Habitats oflocal importance can include attributes such as comparatively high wildlife
density; high wildlife species richness; significant wildlife breeding habitat, seasonal ranges or
movement corridors oflimited availability and/or high vulnerability. These habitats may include
cliffs, meadows, old-growth/mature forest, snag-rich areas, and urban natural open space.
(e) Class II Fish and Wildlife Conservation Areas:
(1) Habitats for state listed candidate and monitored species documented in
maps or databases available to the City, which if altered, may reduce the likelihood that the
species will maintain and reproduce over the long term.
(2) Habitats that have been identified through maps, databases, reports, or
studies that include attributes such as comparatively high wildlife density; high wildlife species
richness; significant wildlife breeding habitat; seasonal ranges or movement corridors of limited
53
Critical Areas
availability and/or high vulnerability. These habitats may include caves, cliffs, meadows, old-
growth/mature forests, snag-rich areas, talus slopes, and urban natural open space.
(t) Habitats and Species of Local Importance:
The City should accept and consider nominations for habitat areas and species to be
designated as locally important.
(1) Habitats and species to be designated shall exhibit the following
characteristics:
(i)
based on existing trends:
(ii)
Local populations of native species are in danger of extirpation
Local populations of native species that are likely to become
endangered; or
(iii) Local populations of native species that are vulnerable or
declining.
(2) The species or habitat has recreation, commercial, game, tribal, or other
special value;
(3) Long-term persistence of a species locally is dependent on the protection,
maintenance, and/or restoration of the nominated habitat;
(4) Protection by other county, state, or federal policies, laws, regulations, or
non-regulatory tools is not adequate to prevent degradation of the species or habitat in the City;
and
(5) Without protection, there is likelihood that the species or habitat will be
diminished locally over the long term.
(6) Areas nominated to protect a particular habitat or species must represent
either high-quality native habitat or habitat that has a high potential to recover to a suitable
condition and which is of limited availability, highly vulnerable to alteration, or provides
landscape connectivity which contributes to the integrity of the surrounding landscape.
(7) Habitats and species may be nominated for designation by any person.
(8) The nomination should indicate whether specific habitat features are to be
protected (for example, nest sites, breeding areas, and nurseries), or whether the habitat or
ecosystem is being nominated in its entirety.
(9) The nomination may include management strategies for the species or
habitats. Management strategies must be supported by the best available science, and where
restoration of habitat is proposed, a specific plan for restoration must be provided prior to
nomination.
(10) The Director shall determine whether the nomination proposal is
complete, and if complete, shall evaluate it according to the characteristics enumerated in
subsection (i) and make a recommendation to the Planning Commission based on those findings.
(11) The Planning Commission shall hold a public hearing for proposals found
to be complete and make a recommendation to the City Council based on the characteristics
enumerated in subsection (i).
(12) Following the recommendation of the Planning Commission, the City
Council shall decide whether to designate a Habitat or Species of Local Importance by
resolution.
(13) Establishment of specific rules for protection. Within 120 days ofthe
effecti ve date of an ordinance designating a species or habitat of local importance, the Director
shall develop an administrative rule addressing protection in compliance with this section.
54
Critical Areas
(14) Development Standards. Regulated uses in designated Fish and Wildlife
Habitat Conservation Areas and/or buffers shall comply with the performance standards outlined
in this Section.
20.14.730 DEVELOPMENT STANDARDS.
For the purposes ofthis title, a designated fish and wildlife habitat conservation area with
its buffer is a critical area. Those regulated uses identified below within designated fish and
wildlife habitat conservation areas shall comply with the performance standards outlined in this
Chapter. A habitat management plan (HMP) is a site investigation to evaluate the potential
presence or absence of a regulated fish or wildlife species or habitat affecting a subject property
and proposed development.
(a) Endangered, Threatened, and Sensitive Species
(1) No development shall be allowed within a habitat conservation area or
buffer with which state or federally endangered, threatened, or sensitive species have a primary
association, except that which is provided for by a Habitat Management Plan (HMP) established
by the Washington Department ofFish and Wildlife or applicable state or federal agency.
(2) Whenever activities are proposed adjacent to a habitat conservation area
with which state or federally endangered, threatened, or sensitive species have a primary
association, such area shall be protected through the application of protection measures in
accordance with a HMP prepared by a qualified professional and approved by the City.
Approval for alteration ofland adjacent to the habitat conservation area or its buffer shall not
occur prior to consultation with the Washington Department of Fish and Wildlife for animal
species, the Washington State Department of Natural Resources for plant species, and other
appropriate federal or state agencies.
(3) Bald eagle habitat shall be protected pursuant to the Washington State
Bald Eagle Protection Rules (WAC 232-12-292). Whenever activities are proposed adjacent to a
verified nest, territory, or communal roost and, activities that are adjacent to bald eagle sites
within eight hundred (800) feet or within one half mile (2,640 feet) and in a shoreline foraging
area shall require an approved HMP. The City shall verify the location of eagle management
areas for each proposed activity. Approval of the activity shall not occur prior to approval of the
HMP by the Washington Department of Fish and Wildlife.
(b) Anadromous Fish
(1) All activities, uses, and alterations proposed to be located in water bodies
used by anadromous fish or in areas that affect such water bodies shall give special consideration
to the preservation and enhancement of anadromous fish habitat, including, but not limited to,
adhering to the following standards:
(i) Activities shall be timed to occur only during the allowable work
window as designated by the Washington Department ofFish and Wildlife for the applicable
speCIes;
(ii) If alternative alignment or location for the activity is not feasible
then activities shall be designed so that it will not degrade the functions or values of the fish
habitat or other critical areas;
(iii) Shoreline erosion control measures shall be designed to use
bioengineering methods or soft armoring techniques, according to an approved critical area
report, and
55
Critical Areas
(iv) Any impacts to the functions or values of the habitat conservation
area are mitigated in accordance with an approved Habitat Management Plan.
(2) Structures that prevent the migration of salmonids shall not be allowed in
the portion of water bodies currently or historically used by anadromous fish. Fish bypass
facilities shall be provided that allow the upstream migration of adult fish and shall prevent fry
and juveniles migrating downstream from being trapped or harmed.
(3) Fills, when authorized by the Shoreline Master Program, shall not
adversely impact anadromous fish or their habitat or shall mitigate any unavoidable impacts and
shall only be allowed for a water-dependent use.
(c) Wetland Habitats., All proposed activities within or adjacent to habitat
conservation areas containing wetlands shall conform to the wetland development performance
standards set forth in BMC 20.14.300. If non-wetlands habitat and wetlands are present at the
same location, the provisions ofthis Chapter or the Wetlands Chapter, whichever provides
greater protection to the habitat, apply.
(d) Buffers and Associated Building Setback Areas. The distance shall be
measured from the ordinary high water mark (OHM) or from the top of the bank where the OHM
cannot be identified. Buffers shall remain undisturbed natural beach or vegetation areas ,except
where the buffer can be enhanced to improve its functional attributes, as approved by the
Department. Buffers shall be maintained along the perimeter of fish and wildlife habitat
conservation areas, as listed below in table 1 of BMC 20.14.730. Refuse shall not be placed in
buffers. Alteration of buffer areas and building setbacks may be allowed for water-dependent
and water-related activities and for other development authorized by a HMP, Reasonable Use
Exceptions, General Exemptions, Standards for Existing (nonconforming) Development, and
Variances in General Exemptions, BMC 20.14.140.
S Urban Commercial /
Saltwater Industrial/ Downtown
Waterfront
Urban Residential 15 feet beyond buffer 35 feet
Urban Conservancy 15 feet beyond buffer 175 feet
S Freshwater Shorelines 15 feet beyond buffer 175 feet
Freshwater ofthe State
F Fish Habitat Waters 15 feet beyond buffer 150 feet
Np Year-round, non-fish 15 feet beyond buffer 50 feet
habitat
Ns Seasonal, non-fish 15 feet beyond buffer 35 feet
habitat
(1) Buffers: Where existing buffer area plantings provide minimal vegetative
cover and cannot provide the Cities water quality standards or habitat functions (per the
requirements of the Department of Ecology and Fish and Wildlife), buffer enhancement shall be
56
Critical Areas
required. Where buffer enhancement is required a plan shall be prepared that includes plant
densities that are not less than three (3) feet on center for shrubs and eight (8) feet on center for
trees. Monitoring and maintenance of plants shall be required in accordance with BMC
20.14.770, Monitoring Program and Contingency Plan. Existing buffer vegetation is considered
"inadequate" and will require enhancement through additional native plantings and removal of
non-native plants when:
(i) Non-native or invasive plant species provide the dominant cover;
(ii) Vegetation is lacking due to disturbance and marine, stream, or
habitat resources could be adversely affected; or
(iii) Enhancement plantings in the buffer could significantly improve
buffer functions.
(2) Minimum Building Setback: Is the required horizontal distance between
the finished exterior wall of a structure and the edge of the buffer of the lot on which the
structure is located. All portions of a structure must be located away from the buffer a distance
equal to or greater than the minimum setback. Uses not requiring a permit defined in the City
Building Code as set for in Chapter 17.04 BMC may be permitted in the setback if the
Department determines that such intrusions will not adversely impact the fish and wildlife
habitat conservation area.
(3) Stream Buffer Measurement: Streams shall be classified according to
the stream type system as provided in WAC 222-16.031, Interim Water Typing System. Stream
buffer areas are defined by these classifications, as shown in BMC 20.14.730 Table 1 above.
Buffers shall be measured from the ordinary high water mark (OHM) or from the top ofthe bank
where the OHM cannot be identified. The buffer width shall be increased to include streamside
wetlands which provide overflow storage for storm waters, feed water back to the stream during
low flows or provide shelter and food for fish. In braided channels, the OHM or top of bank shall
be defined so as to include the entire stream feature.
(4) Buffer Averaging: Buffer widths may be modified by averaging buffer
widths as long as the total area contained within the buffer after averaging is no less than the
required buffer prior to averaging, and as set forth below. A buffer enhancement plan shall be
required for any request for buffer averaging. The enhancement plan shall be similar to a
mitigation plan, and include provisions for mitigation monitoring and contingency plans. Buffer
width averaging shall be allowed only where the applicant demonstrates through a report
prepared by a qualified biologist or habitat specialist with five (5) years experience that:
(i) Buffer averaging is necessary to avoid a hardship caused by
circumstances to the property;
(ii) The habitat contains variations in sensitivity due to existing
physical characteristics, or the buffer varies in characteristics and it would benefit from a wider
buffer in places and would not be adversely impacted by a narrower buffer in other places;
(iii) Lower intensity land uses would be located adjacent to areas where
the buffer width is reduced;
(iv) The widest portion ofthe buffer shall be the area where the habitat
is most sensitive.
(v) Buffer width averaging will not adversely impact fish and wildlife
habitat conservation areas;
57
Critical Areas
(vi) The buffer width may be reduced by thirty-five percent (35%) of
the standard buffer, but not less than thirty-five (35) feet unless provided for by a habitat
management plan.
(5) Buffer Reduction: Buffers and associated building setbacks may be
reduced where the applicant demonstrates through an approved HMP relying on Best Available
Science and prepared by a qualified specialist with five (5) years experience that through buffer
enhancement the smaller buffer would provide equal or better protection than the larger buffer.
Enhancement techniques can include, but are not limited to:
(i) Planting of native trees or shrubs, increasing the diversity of plant
cover types, replacing exotic species with native species, or re-establishing fish area adjacent to a
marine shoreline or stream where one currently does not exist will result in improved function of
the fish habitat.
(ii) Fish barrier removal to restore accessibility to resident or
anadromous fish,
(iii) Fish habitat enhancement using log structures incorporated as part
of a fish habitat enhancement plan,
(iv) Stream and/or retention/detention pond improvements:
a. Removal or modification of existing stream culverts (such
as at road crossings) to improve fish passage and flow capabilities, or
b. Upgrade of retention/detention facilities or other drainage
facilities beyond required levels to provide a more naturalized habitat.
(v) Removal of existing bulkheads to improve fish spawning and
habitat areas.
(vi) Day-lighting a stream that was previously culverted or piped, or
day-lighting box culverts or trestles.
(6) Stormwater Management Facilities. Stormwater management facilities,
limited to stormwater dispersion outfalls and bioswales, may be allowed within the outer twenty-
five percent (25%) of the buffer, provided that:
(i) No other location is feasible; and
(ii) The location of such facilities will not degrade the functions or
values of the stream and/or habitat area shown through an approved HMP.
(7) Low Impact Development (LID) Facilities. LID facilities, may
be allowed within stream buffers, provided that:
(i) No other location is feasible; and
(ii) The location of such facilities will not degrade the functions or
values of the stream and/or habitat area shown through an approved HMP.
(8) Habitat Conservation Area Buffers: Habitat Conservation Area
Buffers shall be shown on the development site plans or final plat maps along with the notation
requirements identified in BMC 20.58.080.
(i) If an existing property has a previously delineated and approved
Fish and Wildlife Habitat Conservation Area and associated buffer by the City, the approved
conservation area and buffer may remain in effect. Redevelopment, and/or additions outside of
the existing footprint shall be subject to the previously approved buffer, however a buffer
enhancement plan may be required in accordance if the habitat buffer area has become degraded
or is currently not functioning or if the habitat area and/or buffer maybe negatively affected by
proposed new development. If according to the buffer enhancement plan, additional buffer
58
Critical Areas
mitigation is not sufficient to protect the habitat, the City may require larger buffers where it is
necessary to protect habitat functions based on site-specific characteristics.
(e) Class I Fish and Wildlife Conservation Areas. All development as described
within this Chapter or within 200 feet of designated Class I Wildlife Conservation Areas shall
adhere to the following standards:
(1) All sites with known locations of Class I Fish and Wildlife Conservation
Areas or sites within 200 feet to known locations of Class I Fish and Wildlife Conservation
Areas will require, for all development permits, the submittal and approval of a Habitat
Management Plan (HMP) as specified in BMC 20.14.750. In the case of bald eagles, an
approved Bald Eagle Management Plan by the Washington State Department ofFish and
Wildlife, meeting the requirements and guidelines ofthe bald eagle protection rules (WAC 232-
12-292), as now or hereafter amended shall satisfy the requirements for a HMP. The requirement
for a HMP shall be determined during the SEP A/Critical Areas review on the project.
(2) All new development within 200 ft of habitat elements with which Class I
Fish and Wildlife have a critical habitat may require the submittal of a HMP as specified in BMC
20.14.750. The requirement for a HMP shall be determined during the SEPA/Critical Areas
review on the project.
Class I
11~~li!!i!i!!!i!i!i!li~AQ!1,~~1~!Qi!'E~6i~'!i!ii~;'lii~UgIIt~I,:,a:~~it;1,!, ~,9n~~!:Y~liQn!'!,Ar~;!~II!'
All developments within 200 ft of a designated Class I Wildlife Habitat
Conservation area shall have buffer widths determined by a mandatory
habitat Management Plan.
All development within a Class II Wildlife Habitat Conservation Area shall
have the buffer widths be determined by the SEP A/Critical Area review on
the project and may require a Habitat Management Plan.
-oft
Class II
(f) Class II Fish and Wildlife Conservation Area. All new development within
Class II Fish and Wildlife Conservation Areas may require the submittal of a HMP. A HMP shall
consider measures to retain and protect the wildlife habitat and shall consider effects of land use
intensity, buffers, setbacks, impervious surfaces, erosion control and retention of native
vegetation. The requirement for a HMP shall be determined during the SEP A/Critical Areas
review on the project.
(g) Stream Crossings. Any private or public road expansion or new construction
which is allowed and must cross streams classified within this Chapter, shall comply with the
following minimum development standards:
(1) Bridges or bottomless culverts shall be required for all fish bearing
streams. Other alternatives may be allowed upon submittal of a Habitat Management Plan which
demonstrates that other alternatives would not result in significant impacts to the Fish and
Wildlife Conservation Area, as determined appropriate through the Washington State
Department ofFish and Wildlife, Hydraulics Project Approval process. The plan must
demonstrate that salmon habitat will be replaced on a 1: 1 ratio.
(2) Crossings shall not occur in Salmonid spawning areas unless no other
feasible crossing site exists. For new development proposals, if existing crossings are determined
to adversely impact salmon spawning or passage areas, new or upgraded crossings shall be
located as determined necessary through coordination with the Washington State Department of
Fish and Wildlife;
59
Critical Areas
(3) Bridge piers or abutments shall not be placed in either the floodway or
between the ordinary, high water marks unless no other feasible alternative placement exists;
(4) Crossings shall not diminish flood carrying capacity;
(5) Crossings shall serve multiple properties whenever possible; and
(6) Where there is no reasonable alternative to providing a conventional
culvert, the culvert shall be the minimum length necessary to accommodate the permitted activity
(Guidance for these projects can be found in the Washington Department ofFish and Wildlife
"Fish Passage Design at Road Culverts" deign manual 1999, and the National Marine Fisheries
Service "Guidelines for salmonid Passage at Stream Crossings" 2000).
(h) Stream Relocations. Stream relocations for the purpose of flood protection
and/or fisheries restoration shall only be permitted when adhering to the following minimum
performance standards and when consistent with Washington State Department ofFish and
Wildlife Hydraulic Project Approval:
(1) The channel, bank and buffer areas should be replanted with native
vegetation in undisturbed riparian condition; and,
(i) For those shorelands and waters designated as Frequently Flooded
Areas, a professional engineer licensed in the State of Washington shall provide information
demonstrating that the equivalent base flood storage volume and function will be maintained.
(ii) Relocated stream channels shall be designed to meet or exceed the
functions and values of the stream to be relocated.
(i) Pesticides, Fertilizers and Herbicides. No pesticides, herbicides or fertilizers
may be used in Fish and Wildlife Conservation Areas or their buffers, except those approved by
the EP A and approved under a DOE Water Quality Modification Permit for use in Fish and
Wildlife Habitat Conservation Area environments. Where approved, herbicides must be applied
by a licensed applicator in accordance with the safe application practices on the label.
G) Land Divisions and Land User Permits. All proposed divisions ofland and
land uses (Subdivisions, Short Subdivisions, Residential Cluster Developments, Conditional Use
Permits, Site Plan Reviews, and Binding Site Plans) which include Fish and Wildlife Habitat
Conservation Areas shall comply with the following procedures and development standards:
(1) The open water area oflakes, streams, and tidal lands shall not be
permitted for use in calculating minimum lot area.
(2) Land division approvals shall be conditioned so that all required buffers
are dedicated as open space tracts or an easement or covenant encumbering the buffer. Such
dedication, easement or covenant shall be recorded together with the land division and
represented on the final plat, short plat or binding site plan.
(3) In order to avoid the creation of non-conforming lots, each new lot shall
contain at least one building site that meets the requirements of this Chapter, including buffer
requirements for habitat conservation areas. This site must also have access and a sewage
disposal system location that are suitable for development and does not adversely impact the Fish
and Wildlife Conservation Area.
(4) After preliminary approval and prior to final land division approval, the
Department may require the common boundary between a required buffer and the adjacent lands
be identified using permanent signs. In lieu of signs, alternative methods of buffer identification
may be approved when such methods are determined by the Department to provide adequate
protection to the aquatic buffer.
60
Critical Areas'
(k) Trails and Trail-Related Facilities. Construction of public and private trails and
trail-related facilities, such as benches, interpretive centers, and viewing platforms, may be
allowed in Fish and Wildlife Habitat Conservation Areas or their buffers pursuant to the
following standards:
(1) Trails and related facilities shall, to the extent feasible, be placed on
existing road grades, utility corridors, or other such previously disturbed areas;
(2) Trails and related facilities shall be planned to minimize removal of trees,
shrubs, snags and important wildlife habitat;
(3) Viewing platforms, interpretive centers, benches and access to them, shall
be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics
of the affected conservation area; and;
(4) Trails, in general, shall be set back from streams so that there will be no or
minimal impact to the stream from trail use or maintenance. Trails shall be constructed with
pervious surfaces when feasible.
(5) Trails shall be generally limited to pedestrian use unless other more
intensive uses, such as bike or horse trails have been specifically allowed and mitigation has
been provided. Trail width shall not exceed five feet unless there is demonstrated need, subject
to review and approval by the Department. Trails shall be constructed with pervious materials
unless otherwise approved by the Department.
(6) Trails shall not be allowed to fully enclose a habitat area or buffer.
(7) The Department may require closure of trails during critical spawning,
migration or breeding time periods of the species present.
(1) Utilities. Placement of utilities within designated Fish and Wildlife Habitat
Conservation Areas may be allowed pursuant to the following standards:
(1) Utilities maintenance activities involving no material change in size or
function shall be allowed within designated Fish and Wildlife Habitat Conservation areas,
subject to best management practices.
(2) Construction of utilities may be permitted in Fish and Wildlife Habitat
Conservation Areas or their buffers, only when no feasible or reasonable alternative location is
available and the utility corridor meets the requirements for installation, replacement of
vegetation and maintenance outlined below, and as required in the filing and approval of a HMP
which may be required by this Chapter.
(3) Construction of sewer lines or on-site sewage systems may be permitted in
Fish and Wildlife Habitat Conservation Areas or their buffers when the applicant demonstrates it
is necessary to meet State and/or local health code requirements; there are no other feasible
alternatives available; and construction meets the requirement of this section. Joint use of the
sewer utility corridor by other utilities may be allowed.
(4) New utility corridors shall not be allowed in Fish and Wildlife Habitat
Conservation Areas with known locations of federal or state listed endangered, threatened or
sensitive species, heron rookeries or nesting sites of raptors which are listed as state candidate
except in those circumstances where an approved HMP indicates that the utility corridor will not
significantly impact the conservation area;
(5) New utility corridor construction and maintenance shall protect the
environment ofFish and Wildlife Habitat Conservation Areas and their buffers by the following:
61
Critical Areas
(i) New utility facilities, improvement, or upgrades to existing utility
facilities should take place within existing improved right-of-way or existing impervious
surfaces so that they do not increase the amount of impervious surfaces within the habitat area.
(ii) New utility corridors shall be aligned when possible to avoid
cutting or root damage to trees greater than 12 inches in diameter at breast height (four and one-
half feet) measured on the uphill side.
(iii) New utility corridors shall be revegetated with appropriate native
or equivalent vegetation at not less than pre-construction vegetation densities or greater,
immediately upon completion of construction or as soon thereafter as possible due to seasonal
growing constraints. The utility shall ensure that such vegetation survives;
(iv) Any additional corridor access for maintenance shall be provided
wherever possible at specific points rather than by parallel roads. If parallel roads are necessary,
they shall be of a minimum width but no greater than 15 feet; and shall be contiguous to the
location of the utility corridor on the side away from the conservation area.
(6) Utility corridor maintenance shall include the following measures ,10
protect the environment of regulated Fish and Wildlife Habitat Conservation Areas:
(i) Utility towers should be painted with brush, pad or roller and
should not be sandblasted or spray-painted, nor should lead base paints be used.
(ii) Pesticides, fertilizers and herbicides: No pesticides or
fertilizers may be used in Fish and Wildlife Conservation Areas or their buffers, except those
herbicides approved by a licensed applicator in accordance with the safe application practices on
the label.
(m) Bank Stabilzation. A stream channel and bank may be stabilized when naturally
occurring earth movement threatens existing structures (defined as requiring a Building Permit
pursuant to the applicable building code), public improvements, unique natural resources, public
health, safety or welfare, or the only feasible access to property, and, in the case of streams and
marine shorelines, when such stabilization results in maintenance of Fish and Wildlife Habitat,
flood control and improved water quality. Where bank stabilization is determined to be
necessary, bioengineering or other non-structural methods should be the first option for
protection. Bulkheads and retaining walls may only be utilized as an engineering solution where
it can be demonstrated that an existing residential structure cannot be safely maintained or
setback without such measures, and that the resulting retaining wall is the minimum length
necessary to provide a stable building area for the structure. A variance pursuant to BMC
20.58.030 must be obtained in all other cases. The Department may require that bank
stabilization be designed by a professional engineer and geologist licensed in the State of
Washington with demonstrated expertise in hydraulic actions of shorelines. Bank stabilization
projects may also require a City grading permit and Hydraulic Project Approval from the
Washington Department ofFish and Wildlife. Nonstructural marine shoreline and stream bank
protective techniques are preferred to bulkheads or other types of marine shoreline and stream
bank armoring. Nonstructural techniques include but are not limited to vegetation plantings and
bioengineering. Guidance for these projects can be found from the Washington Department of
Fish and Wildlife's "Integrated Streambank Protection Guidelines Manual" for determining
when, why, where, and what projects needs to be completed to protect an eroding bank.
(n) Fencing and Signs. Prior to approval or issuance of permits for land divisions
and new development, the Department may require the common boundary between a required
buffer and the adjacent lands be identified using fencing or permanent signs. In lieu of fencing or
62
Critical Areas
signs, alternative methods of buffer identification may be approved when such methods are
determined by the Department to provide adequate protection to the buffer.
(0) Road/Street Repair & Construction. Any private or public road or street I
expansion or construction which is allowed in a Fish and Wildlife Habitat Conservation Area or
its buffer shall comply with the following minimum development standards:
(1) No other reasonable or feasible alternative exists and the road or street
crossing serves multiple properties whenever possible;
(2) Expansion or construction of any private or public road shall only be
allowed when adverse impacts cannot be avoided;
(3) Public and private roads should provide for other purposes, such as utility
crossings, pedestrian or bicycle easements, viewing points, etc.;
(4) The road or street construction is the minimum necessary, as required by
the Department of Public Works, and shall comply with the Department of Public Works and
Utilities standards; and
(5) Construction time limits shall be determined in consultation with the
Washington Department ofFish and Wildlife in order to ensure habitat protection.
(p) Other Allowed uses in Fish and Wildlife Conservation Areas. Other activities
may be allowed using the standard for a category II wetland buffer.
20.14.740 SPECIAL REPORTS.
Habitat Management Plan Requirements:
(a) General. If the city determines that impacts to habitats may occur as a result of a
development project, a Habitat Management Plan (HMP) shall be required. The applicant may
choose to complete a HMP to for a site specific analysis to better determine the impact to habitat
and to determine the appropriate buffer width and associated building setbacks for their project
based on the site specific analysis. The preparation and submission of this report is the
responsibility of the applicant. The report shall rely on Best Available Science as defined in
WAC 365-195-900 through 365-195-925 and shall be prepared by a qualified professional who
is a biologist with five (5) years of experience preparing reports for the relevant type of habitat.
The city may retain a qualified consultant at the applicant's expense to review and confirm the
applicant's reports, studies and plans. The HMP shall clearly demonstrate that greater protection
of the functions and values of critical areas can be achieved through the HMP than could be
achieved through providing the prescribed habitat buffers and building setbacks. An applicant
may propose to implement a HMP as a means to protect habitat buffers associated with streams
and/or fish and wildlife conservation areas. Approval for a HMP shall not occur prior to the
consultation with the appropriate federal or state agencies.
(b) Intent. HMPs are primarily intended as a means to restore or improve buffers that
have been degraded by past activity, and should preserve, and not reduce, existing high quality
habitat buffers. While not primarily intended as a means to reduce buffers, the HMP may
propose a reduction of the habitat buffer width where it is shown that the HMP will comply with
the other requirements of this Section.
(c) Effect of buffers. A HMP shall provide habitat functions and values that are
greater than would be provided by the prescribed habitat buffers. When habitat buffers are a
component of a HMP, they shall be at least the minimum size necessary to accomplish the
objectives of the HMP. The HMP may propose, but the City shall not require, a habitat buffer
containing a greater area than is required by the prescribed habitat buffer.
63
Critical Areas
(d) Impact mitigation. The HMP shall encompass an area large enough to provide
mitigation for buffer reduction below the standard required buffers, and shall identify how the
development impacts resulting from the proposed project will be mitigated as defined in BMC
20.14.750. The developer ofthe plan shall use the best available science in all facets of the
analyses. The Washington Department ofFish and Wildlife Priority Habitat and Species
Management Recommendations, and/or bald eagle protection rules outlined in WAC 232-12-
292, as amended, may serve as guidance for this report.
(e) The assessment of habitats for the site and project shall at a minimum include the
following information:
(1) A map prepared at an easily readable scale, showing:
(i) The location ofthe proposed development site;
(ii) Property boundaries;
(iii) The relationship of the site to surrounding topographic, water
features, and cultural features;
(iv) Proposed building locations and arrangements;
(v) A legend which includes a complete legal description, acreage of
the parcel, scale, north arrow, and date of map revision.
(2) Detailed description of vegetation on and adjacent to the project area and
its associated buffer;
(3) Identification of any species oflocal importance, priority species, or
endangered, threatened, sensitive, or candidate species that have a primary association with
habitat on or adjacent to the project area, and assessment of potential project impacts to the use
of the site by the species;
(4) A discussion of any federal, state, or local special management
recommendations, including Washington Department of Fish and Wildlife habitat management
recommendations, that have been developed for species or habitats located on or adjacent to the
project area;
(5) A detailed discussion of the direct and indirect potential impacts on habitat
by the project, including potential impacts to water quality;
(6) Enhancement of existing degraded buffer area and replanting of the
disturbed buffer area with native vegetation;
(7) The use of alternative on-site wastewater systems in order to minimize site
clearing;
(8) Retention of existing native vegetation on other portions of the site in
order to offset habitat loss from buffer reduction;
(9) The need for fencing and signage along the buffer edge.
(10) A discussion of measures, including avoidance, minimization, and
mitigation, proposed to preserve existing habitats and restore any habitat that was degraded prior
to the current proposed land use activity and to be conducted in accordance with the mitigation
sequencing required by this Chapter; and
(11) A discussion of ongoing management practices that will protect
habitat after the project site has been developed, including proposed monitoring, maintenance,
and enforcement programs.
(f) When appropriate due to the type of habitat or species present or the project
conditions, the Director may also require the habitat management plan to include:
64
Critical Areas
(1) An evaluation by an independent qualified professional regarding the
applicant's analysis and the effectiveness of any proposed mitigating measures or programs, to
include any recommendations as appropriate;
(2) A request for consultation with the Washington Department ofFish and
Wildlife or the local Native American Indian Tribe or other appropriate agency; and
(3) Detailed surface and subsurface hydrologic features both on and adjacent
to the site.
(g) Mitigation measures. Possible mitigation measures to be included in the report, or
required by the Director, could include, but are not limited to:
(1) Establishment of buffer zones;
(2) Preservation of critically important plants and trees;
(3) Limitation of access to habitat areas;
(4) Seasonal restriction of construction activities;
(5) Establishing phased development requirements; and
(6) Monitoring plan for a period necessary to establish that performance
standards have been met. Generally this will be for a period of seven to ten years.
(h) HMP adequacy. The HMP shall demonstrate to the satisfaction of the city that
the habitat functions and values are improved by implementation ofthe HMP. If there is a
disagreement between the city and the applicant as to the adequacy of the HMP, the issue of plan
adequacy shall be resolved by consulting with the appropriate Federal or State agency. If the
Federal or State agencies are not available in a timely manner, the applicant may choose to have
the city refer the HMPs to a third party consultant at the expense of the applicant. After
consultation with such State departments or third party consultant, the Director shall make a final
decision on the adequacy of the HMP.
(i) Timing. A HMP must be developed and approved either prior to preliminary plat
approval or issuance of the building permit, as applicable, and must be implemented before the
City grants either final plat approval or an occupancy permit, as applicable.
20.14.750 MITIGATION STANDARDS AND CRITERIA.
(a) The applicant shall avoid all impacts that degrade the functions and values of a
critical area or areas. Unless otherwise provided in this Title, if alteration to the critical area is
unavoidable, all adverse impacts to or from critical areas and buffers resulting from a
development proposal or alteration shall be mitigated using the best available science in
accordance with an approved Habitat Management Plan and SEP A documents, so as to result in
no net loss of critical area functions and values.
(b) Mitigation shall be in-kind and on-site, when possible, and sufficient to maintain
the functions and values of the critical area, and to prevent risk from a hazard posed by a critical
area.
(c) Mitigation shall not be implemented until after the city's approval of a HMP that
includes a mitigation plan, and mitigation shall be in accordance with the provisions of the
approved HMP.
(d) Mitigation Sequencing. Applicants shall demonstrate that all reasonable efforts
have been examined with the intent to avoid and minimize impacts to critical areas. When an
alteration to a critical area is proposed, such alteration shall be avoided, minimized, or
compensated for in the following sequential order of preference:
65
Critical Areas
(1) A voiding the impact altogether by not taking a certain action or parts of an
action;
(2) Minimizing impacts by limiting the degree or magnitude of the action and
its implementation, by using appropriate technology, or by taking affirmative steps, such as
project redesign, relocation, or timing, to avoid or reduce impacts;
(3) Rectifying the impact to habitat conservation areas by repairing,
rehabilitating, or restoring the affected environment to the historical conditions or the conditions
existing at the time of the initiation of the project;
(4) Reducing or eliminating the impact or hazard over time by preservation
and maintenance operations during the life of the action;
(5) Compensating for the impact to habitat conservation areas by replacing,
enhancing, or providing substitute resources or environments; and
(6) Monitoring the hazard or other required mitigation and taking remedial
action when necessary.
Mitigation for individual actions may include a combination of the above measures.
(e) Mitigation Plan Requirements. When mitigation is required, the applicant shall
submit for approval by the city a mitigation plan as part of the HMP. The mitigation plan shall
include:
(1) Environmental Goals and Objectives. The mitigation plan shall include a
written report identifying environmental goals and objectives ofthe compensation proposed and
including:
(i) A description ofthe anticipated impacts to the critical areasand the
mitigating actions proposed and the purposes of the compensation measures, including the site
selection criteria; identification of compensation goals; identification of resource functions; and
dates for beginning and completion of site compensation construction activities. The goals and
objectives shall be related to the functions and values of the impacted critical area;
(ii) A review of the best available science supporting the proposed
mitigation and a description of the report author's experience to date in restoring or creating the
type of critical area proposed; and
(iii) An analysis of the likelihood of success of the compensation
project.
(2) Performance Standards. The mitigation plan shall include measurable
specific criteria for evaluating whether or not the goals and objectives of the mitigation project
have been successfully attained and whether or not the requirements ofthis Title have been met.
(3) Detailed Construction Plans. The mitigation plan shall include written
specifications and descriptions of the mitigation proposed, such as:
(i) The proposed construction sequence, timing, and duration;
(ii) Grading and excavation details;
(iii) Erosion and sediment control features;
(iv) A planting plan specifying plant species, quantities, locations,
size, spacing, and density; and
(v) Measures to protect and maintain plants until established.
These written specifications shall be accompanied by detailed site diagrams, scaled cross-
sectional drawings, topographic maps showing slope percentage and final grade elevations, and
any other drawings appropriate to show construction techniques or anticipated final outcome.
66
Critical Areas
(4) Monitoring Program. The mitigation plan shall include a program for
monitoring construction ofthe compensation project and for assessing a completed project
(BMC 20.14.760 monitoring and contingency plan). A protocol shall be included outlining the
schedule for site monitoring (for example, monitoring shall occur in years 1,3,5, and 7 after site
construction), and how the monitoring data will be evaluated to determine if the performance
standards are being met. A monitoring report shall be submitted as needed to document
milestones, successes, problems, and contingency actions ofthe compensation project. The
compensation project shall be monitored for a period necessary to establish that performance
standards have been met, but not for a period less than five (5) years.
(5) Contingency Plan. The mitigation plan shall include identification of
potential courses of action, and any corrective measures to be taken if monitoring or evaluation
indicates project performance standards are not being met (BMC 20.14.760).
(6) Financial Guarantees. The mitigation plan shall include financial
guarantees, if necessary, to ensure that the mitigation plan is fully implemented. Financial
guarantees ensuring fulfillment of the compensation project, monitoring program, and any
contingency measures shall be posted in accordance with Bonds to Ensure Mitigation,
Maintenance, and Monitoring (BMC 20.14.760).
(f) Innovative Mitigation
(1) The city may encourage, facilitate, and approve innovative mitigation
projects that are based on the best available science. Advance mitigation or mitigation banking
are examples of alternative mitigation projects allowed under the provisions of this Section
wherein one or more applicants, or an organization with demonstrated capability, may undertake
a mitigation project together ifit is demonstrated that all of the following circumstances exist:
(i) Creation or enhancement of a larger system of critical areas
and open space is preferable to the preservation of many individual habitat areas;
(ii) The group demonstrates the organizational and fiscal capability to
act cooperatively;
(iii) The group demonstrates that long-term management of the habitat
area will be provided; and
(iv) There is a clear potential for success of the proposed mitigation at
the identified mitigation site.
20.14.760 MONITORING AND CONTINGENCY PLAN.
(a) A monitoring program shall be included as a part ofthe approved mitigation plan
for a Fish and Wildlife Habitat Conservation Area. To ensure that the performance standards of
the approved mitigation plan have been met, the mitigation and/or buffer enhancement site(s)
shall be monitored for a minimum of five (5) years. A longer monitoring period may be required
by the City based on either the initial mitigation plan or a review of subsequent monitoring
reports. The monitoring reports shall be submitted on August 1 st of each year during the
monitoring period.
An acceptable surety device is required to ensure the applicant's compliance with the
terms of the mitigation agreement.
Performance Surety: All mitigation and buffer enhancement shall be completed prior to
final plat approval and/or building occupancy depending on the type of application. However,
when improvements cannot be completed prior to final acceptance due to weather conditions
which may negatively affect the success of the project, a performance surety may be used. The
67
Critical Areas
performance surety shall equal one hundred fifty (I 50) percent of the cost of the mitigation
project, and the required improvements shall be installed in a satisfactory manner within six
months or less.
(1) Maintenance Surety: A maintenance surety shall be required on all
mitigation projects to ensure that the improvement successfully survives the monitoring periods
set above.
(i) Mitigation Projects: The amount ofthe maintenance surety shall
be equal to fifteen percent (15%) ofthe cost of the mitigation project and the term ofthe surety
shall reflect the term of the monitoring program.
(ii) Buffer Enhancement Projects: The amount of the maintenance
surety shall be equal to fifteen percent (15%) of the costs of the enhancement project and the
term of the surety shall reflect the term ofthe monitoring program.
(2) Monitoring Deposit: A cash deposit shall be submitted with all sureties
prior to final acceptance of the project to cover the estimated City's costs to review the yearly
monitoring reports and conduct a site inspection to ensure the performance standards are;being
met.
(b) Long Term Maintenance. To ensure the long term success of the Fish and
Wildlife Habitat Conservation Area, the applicant or their heirs or successors shall be responsible
for the long term maintenance of the habitat area and its associated buffer. The habitat and.:
buffer shall be kept clear of weeds, invasive plant material, lawn clippings, junk, debris,
intrusions or the like.
SECTION 8. Table 040 of Chapter 20.02 of the Bremerton Municipal Code
entitled "Project Permit Processing Procedures" is hereby amended to read as follows:
Table 040 Project Permit Processing Procedures
TYPE I DIRECTOR DECISIONS
-
Application Type Determination of Notice of Notice of Notice of
Completeness Application Hearin2 Decision
(l) Administrative No No No No
determination! code
interpretation
(2) Alternative Setback No No No No
Approval
(3) Boundary Line No No No No
Adjustment
(4) Building and other Yes No No No
Construction Permits
(5) Clearing less than 2 acres No No No No
of forest
(6) Demolition Permit No No No No
(exempt from SEPA)
(7) Final Planned Unit No No No No**
Development
(8) Fill and Grading Permit No No No No
(exempt from SEP A)
68
Critical Areas
Application Type Determination of Notice of Notice of Notice of
Completeness Application Hearing Decision
(9) Home Occupation No No No No
Permit
(10) Landscaping or No No No No
Alternative Landscaping
Plan
(11) Minor Amendment No No No No
to an approved
Preliminary Plat
(12) Minor Amendment No No No No
to an approved
Preliminary PUD
(13) Minor Amendment No No No No
to other Permits not
listed
(14) Nonconforming use No No No No
Determinations
(15) Type I Permit or No No No No
Approval Revocation
(16) Recreational Vehic1e No No No No
90-day Permit
(17) Sign Permit No No No No
(18) Site Plan Review Yes No No No
(exempt from SEPA)*
(19) Temporary No No No No
emergency wetland or
stream permits
(20) Modification of No No No No
Critical Areas Standards
(exempt form SEPA)***
* Applicable to Site Plan Review that is independent of and not part of a building or land use application.
** Director's decision on final PUD plan shall be sent to parties of record.
*** Procedures for modification of critical areas are detailed within the specific sections of the critical
area regulations in Chapter 20.14 BMC.
TYPE II DIRECTOR DECISIONS
Application Type Determination of Notice of Notice of Notice of
Completeness Application Hearing Decision
(1) Administrative Yes Yes No Yes
Conditional Use Permit
(2) Binding Site Plan Yes Yes No Yes
(3) Demolition Permit Yes Yes No Yes
(requiring SEP A)
(4) Fill and Grading Permit Yes Yes No Yes
(requiring SEP A)
(5) Nonconforming No Yes No Yes
Administrative
Continuance*
69
Critical Areas
(6) Type II Permit or No No No No
Approval Revocation
(7) Site Plan Review Yes Yes No Yes
(requiring SEP A)
(8) Shoreline Permit Yes Yes No Yes
Revision
(9) Shoreline Substantial Yes Yes No Yes
Development Permit
(10) Short Subdivision Yes Yes No Yes
(11) Wetland or stream Yes Yes No Yes
Assessment
(12) Wetland or stream Yes Yes No Yes
development permit
(13) Building and other Yes Yes No Yes
Construction Permits
(requiring SEP A)
(14) Modification of Yes Yes No Yes
critical area standards
(requiring SEP A)**
*Notice of Application shall be mailed to property owners within 300 feet of the subject property and the
notice of decision shall be issued within 60 days.
**Procedures for modification of critical areas are detailed within the specific sections of the critical area
regulations in Chapter 20.14 BMC.
TYPE III HEARING EXAMINER DECISIONS
Application Type Determination of Notice of Notice of Notice of
Completeness Application Hearing Decision
(1) Non-administrative Yes Yes Yes Yes
Conditional Use Permit
(2) Major PUD Amendment Yes Yes Yes Yes
(3) Major Amendment Yes Yes Yes Yes
Preliminary Subdivision
(4) Preliminary PUD Yes Yes Yes Yes
(5) Preliminary Subdivision Yes Yes Yes Yes
(6) Senior Housing Yes Yes Yes Yes
Complexes
(7) Shoreline Conditional Yes Yes Yes Yes
Use Permit
(8) Shoreline Variance Yes Yes Yes Yes
(9) Type III Permit No No No No
Approval Revocation
(10) Variance Yes Yes Yes Yes
70
Critical Areas
TYPE IV CITY COUNCIL DECISIONS
Application Type Determination of Notice of Notice of Notice of
Completeness Application Hearing Decision
(1) Rezone for site-specific Yes Yes Yes Yes
property*
(2) Final Subdivision** No No No No
(3) Development Agreement Yes No No No
(4) Vacation of Subdivision Yes Yes Yes Yes
*The Hearing Examiner holds the open-record hearing and provides a recommendation to the City
Council.
** A final subdivision may be decided at a public meeting and it does not require a public hearing.
SECTION 9. Severability. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 10. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the 1$60 day of ~'..I"'.h , 2006
~JV~
CECIL cCONNELL, Council President
Approved this or (bfI, ) day of
2006$
----
APPROVED AS TO FORM:
PUBLISHED the 1i'nf..I day of ~ ~
EFFECTIVE the d-.j:hO day of
ORDINANCE NO. ~9~.s
,.2006
,2006
R:\Legal\Legal\Ordinances\Community Development\Critical Areas 2006.doc
71
Critical Areas
CAO ORDINANCE
EXHIBIT A
FINDINGS AND DETERMINATION
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary - The Commission recommends that the City Council adopt Chapter 20.14 of
Bremerton Land Use, Critical Areas Ordinance (CAO) Update. The CAO protects public
health, safety, and private property from harm due to building or activities in critical
areas. The CAO also protects the environment and priority natural habitats. The five
required categories of Critical Areas are: Wetlands, Critical Aquifer Recharge Areas,
Frequently Flooded Areas, Geologically Hazardous Areas, and Fish and Wildlife Habitat
Conservation Areas.
In 1995 the Washington State Growth Management Act (GMA) was amended to require
the use of Best Available Science or "BAS" when designating and protecting critical
areas. There is growing awareness that landscapes function as ecological units.
Actions and disruptions to the environmental processes in one part of the landscape
can influence the remaining parts, affecting its ability to function as a self-sustaining
ecosystem. All cities and counties are required to update their critical areas regulations
to include BAS, or state money will be withheld. The final deadline for Bremerton to
update its CAO without loosing state funds is early 2006. The last time Bremerton
updated its CAO was 1993, which was prior to the BAS requirement.
Findings of Heightened Significance - These findings are organized in two sections.
Section I includes general findings on the approach and conclusions of the CAO Update
as a whole. Section II includes findings of heightened significance related to delicate
topics or sections of the CAO that need augmented BAS documentation. Integration of
the CAO and the regulatory elements of the Bremerton Shoreline Master Program
(SMP) are one area of heightened significance. There have been several recent growth
management hearings board cases on CAO / SMP integration, and CAO / SMP
integration has significant consequences for development regulations along
Bremerton's shorelines.
I. FINDINGS OF FACT - GENERAL
1. Project Description
The Update to Bremerton's CAO consists of clarification, reorganization and minor
updates necessary to bring the CAO in line with State requirements. Specifically, areas
of the existing Bremerton CAO that do not meet the BAS standard are rectified.
Bremerton is relying on quality examples that other Cities around the Puget Sound have
set in successfully updating their CAO's. Much of Bremerton is a long-established
urban environment with urban infrastructure. The proposed Bremerton CAO Update
reflects its urban character, while providing strong protections for Critical Areas.
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CAO ORDINANCE
EXHIBIT A
2. Procedural History
The Bremerton CAO Update was drafted, reviewed and recommended for adoption
after a series of workshops with members of the public; a citizen's advisory committee;
a technical reviewer committee; and the Bremerton Planning Commission. The timeline
for workshops, public comment, hearings and review of drafts is summarized below.
Advertisement and publication efforts are also included to document extensive efforts to
solicit public comment.
2.1 Spring 2005: Citizens Advisory Committee. Multiple meetings convened for
education and community-based preference on the CAO.
2.2 Nov.-Dec. /2005: Staff Draft. DCD staff reviews CAC meeting tapes for
general guidance in preparing CAO. DCD Staff compiles and reviews BAS and
model codes.
2.3 12/20/05 Draft Review. Initial draft released by DCD staff for review and
comment.
~ All past participants including all CAC members, commentors and
Planning Commission members directly notified via e-mail, postal mail
and telephone calls.
~ 12/17/05 Newspaper Advertisement: Large commercial format public
information advertisements published in the Kitsap Dun newspaper.
~ 12/22/05 Dedicated CAO web-page created. Initial CAO draft posted
on website.
2.4 12/20/05 State Agency Review. Draft circulated to State Agencies to begin
required 60-day comment period.
2.5 1/6/06 SEPA Review. Determination of Non-Significance (DNS) issued on
draft Critical Areas Ordinance.
~ 1/20/06 Comment Period. Expiration of DNS comment period.
~ 1/30/06 Appeal Period. Expiration of DNS appeal period, no appeals
filed.
2.6 1/17/06 Planning Commission Workshop. Regular planning commission
meeting held. Draft CAO reviewed in workshop format.
2.7 Newspaper Advertisements. Published in Kitsap Sun newspaper in large
commercial format.
~ 1/5/06
~ 1/12/06
~ 1/29/06
2.8 1/30/2006 - 2/20/2006 BKA T Advertisements. Public information slides post on
BKAT Television announcing CAO update and dates of all Planning
commission meetings and public workshop dates on the CAO.
2.9 1/24/2006 Technical Review Committee. Expert representatives from State
and local agencies and tribes convened. Planning Commission members in
attendance.
2.10 1/26/2006 Citizen's Advisory Committee. Citizen Advisory Committee
members convened. Planning Commission members in attendance.
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CAO ORDINANCE
EXHIBIT A
2.11 2/07/06 Planning Commission Workshop. Special meeting. Further discussion
of draft CAO in workshop format. Second staff draft issUE~d.
2.12 2/14/2006 Planning Commission Hearing. Public hearinq on draft CAO.
2.13 2/28/06 Planning Commission Recommendation. Continued Public Hearing
and recommendation for City Council adoption on CAO Update.
3. Public Comment
Public comment was received throughout the duration of the CAO Update. Comment
was received in various formats including letters, e-mails, and public testimony at
hearings. The Planning Commission addressed the full range of comments received.
3.1 Individuals providing written comments including e-mail.
a. Richard Nerf, City Resident
b. Art Castle, Home Builders Association of Kitsap County
c. Allison O'Sullivan, Suquamish Tribe Fisheries Department
d. David Toyer, Barclays North inc.
e. Jeff Davis, Washington Department of Fish and Wildlife
f. John Cambalik, Puget Sound Action Team
3.2 Individuals providing verbal testimony at Planning Commission:
a. Richard Nerf, City Resident
b. Allison O'Sullivan, Suquamish Tribe Fisheries DepartmEmt
c. Jeff Davis, Washington Department of Fish and Wildlife
d. Roger Lubovich, City Attorney
e. Art Castle, Home Builders Association of Kitsap County
f. Jeff Hecker, Hecker Architects and City Resident
g. Dick Bruskrud, Mithun Architects and City Resident
4. SEPA Determination
The SEPA Environmental Impact Checklist for the proposed Section 20.14 CAO Update
is completed. The City of Bremerton reviewed the Checklist on the proposal and issued
a Determination of Non Significance (DNS) on January 6th, 2006. The public comment
period on the DNS expired on January 20, 2006. The appeal period on the DNS
expired on January 30,2006, and no appeals were filed. The basis for the DNS rests on
the fact that the CAO enhances protections for the environment in every category, and
the CAO incorporates BAS for the protection of critical areas.
5. Consistency
5.1 The proposal meets requirements of the Washington StatB Growth Management
Act (GMA). RCW 36.70A.060(2) requires all counties and cities to adopt
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CAO ORDINANCE
EXHIBIT A
development regulations to protect critical areas. In 1995 the GMA was
amended to require the incorporation of Best Available Science in the
development of Critical Areas regulations. Bremerton is required to show
substantial progress towards update of the CAO, and to incorporate BAS by
December 31 , 2005.
Best Available Science: The recommended CAO Update to Chapter 20.14 is
based on a wide range of BAS sources. A bibliography of BAS sources and
physical compilation of documents was prepared by the City and constitutes a
valid BAS record as presented to the Commission for review. (See Attachment
I). The BAS includes scientific information presented and available at the time of
the update, and sources are those using a valid scientific process. The science
relied upon is practically and economically feasible to be implemented at the
time of the update. The science relied upon is critically reviewed by qualified
experts, utilizes standard methods, and draws logical conclusions based on
quantitative methods. The recommended regulations of Chapter 20.14 are
within the bounds of the BAS record.
Minimum Requirements: The recommended CAO Update addresses the
minimum categories as defined by the GMA. RCW 36.70A.030(5) includes
"wetlands; areas with critical recharging effect on aquifers used for potable
water; fish and wildlife habitat conservation areas; frequently flooded areas; and
geologically hazardous areas", in its definition of "Critical Areas". Each of these
five categories is explicitly addressed in a section of the proposed CAO Update.
5.2 The recommended CAO Update includes adequate protection for Fish and
Wildlife Habitat Conservation Areas as designated by WAC 365-190-080(5) as
those areas necessary for maintaining species in suitable habitats within their
natural geographic distribution so that isolated subpopulations are not created.
These areas include but are not limited to areas with which state or federally
designated endangered, threatened, and sensitive species have a primary
association.
5.2 The recommended CAO Update is consistent with the City of Bremerton
Comprehensive Plan and Kitsap Countywide Planning Policies (CPP) including
the following:
2004 Bremerton Comprehensive Plan
. E4 Encourage conservation of critical areas and nonrenewable
resources.
. E4b Preserve the integrity of riparian corridors and steep slopes
through the preservation of native plants and the replacement of
invasive, non-native plants with native plants.
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CAO ORDINANCE
EXHIBIT A
. E6 Protect, preserve, and restore the habitats that support
Bremerton's diverse ecosystems.
. E6c Direct new development away from important aquatic habitats
such as areas use by salmon and Steelhead, Kelp and Eelgrass bed
and other priority habitats.
. E8 Protect and preserve Bremerton's unique marine and fresh water
resources.
Kitsap Countywide Planning Policies
. G3 The County and the Cities shall ensure environmental protection,
water quality and conformance with ESA requirements through best
management practices
. C4 The County's Comprehensive Plan policies shall promote...
techniques to protect and enhance significant open spaces, natural
resources...
5.4 The proposal will not adversely affect the public health, safety, general welfare,
or private property. The recommended CAG Update includes provisions and
regulations intended to protect the public health, safety, general welfare by
preventing development in environmentally sensitive areas.
5.5 The recommended CAG Update will result in minor modifications to the
development and use potential of certain areas. The CAG Update revises
certain buffer distances and use provisions in certain critical areas. Impacts to
development and use potential results from the necessity to incorporate BAS
and protect the public health, safety and general welfare. The CAG Update
also affords substantial protections to private property from damage or
destruction due to inappropriate development in critical areas. Additionally a
Reasonable Use Exception is included in the CAG to ensure that reasonable
use of all private property is maintained in all cases.
5.6. The recommended CAG Update does not create significant adverse impacts
on existing sensitive land uses, businesses or residents. The CAG includes
regulations to protect the public health, safety and public welfare and private
property from inappropriate development in or near Critical Areas. A SEPA
environmental review was conducted on the recommended CAG Update, and
no significant adverse impacts were found.
5.6 The recommended CAG Update included continuous and open public
involvement and adequate public notice. The CAG Update underwent
numerous public hearings, and public workshops, technical reviewer
workshops, and review at the Planning Commission level. All public hearings at
the Planning Commission level, as well as public workshops, were noticed with
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CAO ORDINANCE
EXHIBIT A
formal advertisement in the Kitsap Sun, and dates were posted on the City of
Bremerton website. Drafts of the recommended CAO Update were
continuously posted to the City of Bremerton website, and paper copies were
made available for review at the Community Development offices at 345 6th St.,
and at public libraries.
II. FINDINGS OF FACT - HEIGHTENED SIGNIFICANCE
Wetlands
Wetlands and streams are environmentally sensitive and serve numerous natural
functions and values. These functions include wildlife and fisheries habitat, water quality
protection, flood protection, shoreline stabilization, stream flow, and ground water
recharge and discharge. In many situations these functions cannot be adequately
replicated or replaced.
The scientific literature supports protective buffers ranging from 25 to 300 feet of
relatively intact native vegetation to adequately protect wetland functions and values, to
provide sediment control and nutrient inputs to wetlands, and to protect important
wetland functions. The buffers that are included in the ordinance range from 50 to 200
feet and are reflective of the best available science.
Wetlands are identified and rated according to the Washington State Department Of
Ecology wetland rating system found in the Washington State Wetland Rating system
for Western Washington (DOE Publication #04-06-025). This is the best scientific
methodology available to classify wetlands in Washington State.
Appropriate wetland mitigation ratios - ratios of areas of wetland replacement and
enhancement to that altered or destroyed - are based on the BAS presented in
Guidance on Wetland Mitigation In Washington State, Published By Department of
Ecology, 2004. (Publication #04-06-0139 and #04-06-0126).
Critical Aquifer Recharge Areas
WAC 365-190-080 defines well head protection areas, sole source aquifers, special
protection areas, and other areas that are susceptible or vulnerable to ground water
contamination as areas with a critical recharging effect on aquifers used for potable
water (also referred to as critical aquifer recharge areas).
Potable water is an essential life-sustaining element. Much of Bremerton's drinking
water comes from groundwater supplies. Once ground water is contaminated it is
difficult, costly, and sometimes impossible to clean up. Preventing groundwater
contamination is necessary to avoid exorbitant costs, hardships, and potential physical
harm to people. The revised code ensures that future impacts to Critical Aquifer
Recharge Areas will be prevented.
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CAO ORDINANCE
EXHIBIT A
Guidance Document for Establishment of Critical Aquifer Recharge Area Ordinances,
by the Department of Ecology, 2000, includes scientific recommendations for protecting
groundwater, including limiting certain uses and the intensity of development in critical
aquifer recharge areas.
Frequently Flooded Areas
Flood hazard areas are subject to periodic inundation that results in loss of life and
property, health, and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety, and
general welfare.
These flood losses are caused by development in areas prone to inundation that
increase flood heights and velocities, and when inadequately anchored, damage uses in
other areas. Uses that are inadequately flood proofed , elevated, or otherwise protected
from flood damage also contribute to flood loss.
Floodplain and stream connectivity are major elements in maintaining healthy riparian
habitat and off-channel habitats for the survival of fish species and conveyance of
floodwaters. If river, floodplains and other systems are not viewed holistically as
biological, geomorphological units, this can lead to serious degradation of habitat and
increase flood hazards, which, in turn, can contribute to listing of various fish species as
threatened or endangered and result in extraordinary public expenditures for flood
protection and relief.
Frequently flooded areas, including the 1 OO-year floodplain and the floodway, are
commonly mapped on flood insurance maps, often known as Flood Insurance Rate
Maps, or FIRMs. The amendments to the FFA regulations ensure that future
development only takes place outside of the floodplain.
Geologically Hazardous Areas
Geologically hazardous areas are subject to periodic geological events that results in
loss of life and property, health, and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures, and impairment of the tax
base, all of which adversely affect the public health, safety, and general welfare.
Geologic hazards may be exacerbated by development and human activity in sensitive
areas, and impacts resulting from geologic hazards may be reduced by limiting
development and human activity within or adjacent to the geologic hazard.
An excellent discussion found in Department of Ecology publication Coastal Landsliding
on Puget Sound was relied on heavily for understanding of geologically hazardous
areas. Additionally, BAS reports from the City of Edmonds, City of Issaquah and King
County were used to help determine appropriate 'high' and 'moderate' hazard
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CAO ORDINANCE
EXHIBIT A
classification criteria and development standards, which are supportable by the science.
The Geologically Hazardous Areas standards are based on the BAS, and are adequate
to protect public health safety and welfare from harm due to development in potentially
unstable or slide-prone areas.
Fish and Wildlife Habitat Conservation Areas
Fish and wildlife habitat conservation areas perform many important physical and
biological functions that benefit the City and its residents, including but not limited to:
maintaining species diversity and genetic diversity; providing opportunities for food,
cover, nesting, breeding and movement for fish and wildlife; serving as areas for
recreation, education and scientific study and aesthetic appreciation; helping to maintain
air and water quality; controlling erosion; and providing neighborhood separation and
visual diversity within urban areas.
Wetlands and streams are environmentally sensitive and serve numerous natural
functions and values. These functions include wildlife and fisheries habitat, water quality
protection, flood protection, shoreline stabilization, stream flow, and ground water
recharge and discharge. In many situations these functions cannot be adequately
replicated or replaced. The scientific literature supports inclusion of protective buffers
from streams to provide sediment control, nutrient inputs to downstream waters, large
woody debris, and other functions important to riparian areas.
The Washington Department of Fish and Wildlife has prepared management
recommendations for the preservation of priority habitat and species, which are based
on the best available science, and include, in some instances, recommended protective
buffer distances. The City used the PHR as a main source for determining the buffers
for Ns streams. The PHR shows on page 85 that buffers of 25' are acceptable for Np
streams. Furthermore several other urban jurisdictions have chosen very similar buffers
for this stream type including: Auburn at 25', Redmond at 25'-36', Edmonds at 10',
Kirkland at 25'-35', and King County at 25'. Bremerton is also including a 15' building
setback from the buffer for a total of 50'. The PHR further shows on page 85 that
buffers of 100' are acceptable for type Sand F streams. Moreover several other urban
jurisdictions have chosen very similar buffer widths for Sand F streams including
Auburn at 100' for Sand 75' for F, Redmond at 150' for Sand 100' for F, Edmonds at
150' for Sand 75' for F, and Kitsap County at 200' and 150' for F. .
Kelp and eelgrass beds have been identified and mapped by the Department of Natural
Resources in some areas. Herring and smelt spawning times and locations are outlined
in WAC 220-110-240 through 220-110-260. Locations for both may be found by
referring to Critical Spawning Habitat for Herring, Surf Smelt, Sand Lance and Rock
Sole in Puget Sound, Washington: A Guide for Local Governments and Interested
Citizens, March 2002, and the Puget Sound Environmental Atlas, Volumes 1 and 2.
Salmonid and anadromous fish may be more impacted by development and human
activity during some times than others. Such times are referred to as "fish windows,"
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CAO ORDINANCE
EXHIBIT A
which have been documented by the Department of Fish and Wildlife. The CAG
revisions have specific requirements to protect anadromous fish.
The Department of Natural Resources has classified watercourses according to a
stream-typing system based on channel width, fish use, and perennial or intermittent
status.
WAC 365-190-080(5) grants Bremerton the flexibility to make decisions in the context of
local circumstances, and specifically excuses local jurisdictions from being required to
protect "all individuals of all species at all time."
CRITICAL AREAS ORDINANCE (CAO) I
SHORELINE MANAGEMENT PROGRAM (SMP) INTEGRATION
Detailed findings on CAG / SMP integration are included in this section because several
recent Hearings Board cases and legislation provide important new direction. These
findings seek to document with clarity the Planning Commission's rationale for its
position on CAG / SMP integration, as well as the BAS used to arrive at conclusions for
saltwater shoreline buffers.
BACKGROUND - The Shoreline Management Act (SMA) of 1971 directed local
jurisdictions to create Shoreline Master Programs to provide local management of
shorelines of statewide significance in a manner which enhances the public interest,
protects against adverse impacts to public health, vegetation and wildlife, and fosters
development. In 1976 the City of Bremerton adopted an SMP, with substantial
amendments in 1988 and 1992. RCW 90.58.100 outlines the duties and required
program contents for local jurisdictions to use. This list requires that jurisdictions use an
integrated balance of natural and social sciences and all available information regarding
hydrology, geography, topography, ecology, economics, and other pertinent data.
Based on this guidance the City of Bremerton created a SMP that includes 25' shoreline
setbacks for urban conservancy lands, residential lands, and water-related or water-
enjoyment commercial uses, and 35' buffers for water-related industrial uses, 50'
buffers for non-water oriented commercial uses, and 0' buffers for water-dependant
commercial and industrial uses.
Prior to this CAG Update the policy of the City of Bremerton has been to allow the SMP
to function as the primary rule governing use and buffers of saltwater shorelines. In the
past, the City of Bremerton has not explicitly regulated saltwater shorelines within the
CAG based on the idea that the SMP would prevail as the comprehensive approach to
Shoreline Management. The SMP predates the Growth Management Act's call for
integration of BAS (1995), the existing SMP does not expressly integrate BAS, and in
some cases does not meet a BAS standard in the protection of shoreline natural
resources. Bremerton is not required to update its SMP until 2011.
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EXHIBIT A
At the start of its CAO update, Bremerton's initial approach was to continue a policy of
allowing the SMP to govern shorelines, and wait until the required SMP update to
substantially integrate BAS. However, two recent Growth Management Hearings Board
cases, and a special House Bill directly reject this approach. Hearings Boards and the
legislature have ruled that jurisdictions can not defer the use of BAS in the management
of their shorelines, and must adequately address shorelines in their CAOs. The clear
message is that jurisdictions may not rely on old SMPs to 'section off' their shorelines
from Critical Areas review. In response to these mandates Bremerton is adjusting its
approach to integrate a BAS standard in the management of shorelines at the time of
the current CAO update.
CALLS FOR SMP / CAO INTEGRA TlON - In July of 2003 the Legislature passed
House Bil/1933 (ESHB 1933) declaring shoreline management act "legislative intent".
ESHB 1933 relates to the integration of shoreline management policies with the growth
management act (GMA). It amended RCW 36.70A 480 to include provisions:
. (4) Shoreline master programs shall provide a level of protection to critical areas
located within shorelines of the state at least equal to the level of protection
provided to critical areas by the local government's CAO adopted and
thereafter amended pursuant to RCW 36.70A060(2)
. (5) Shorelines of the state shall not be considered critical areas under this
chapter except to the extent that they qualify for critical areas designation
based on the definition of critical areas provided by RCW 36.70A030(5)
. (6) If a local jurisdiction's master program does not include land necessary
for buffers for critical areas that occur within shorelines of the state, as
authorized by RCW 90.58.030(2)(f), then the local jurisdiction shall regulate
those critical areas and their required buffers pursuant to the CAO per RCW
36.70A060(2).
These additions to ESHB 1933 clarify that marine shorelines already protected by the
SMP, which qualify as critical areas, should also be regulated by the CAO. The SMP
must provide a level of protection at least equal to the CAO, and CAO buffers shall be
the more dominant regulation in cases where the SMP has not yet been updated using
BAS.
The Central Puget Sound Growth Management Hearings Board directly upheld ESHB
1933 directives in the case with the most immediate relevance to Bremerton: Tahoma
Audubon Society, People For Puget sound and Citizens For A Healthy Bay vs.
Pierce County (CPSGMHB # 05-3-0004c - 'Pierce County'). Pierce County sought to
take the approach of relying substantially on an existing SMP in the management of
shorelines. The Board found that Pierce County's CAO document uniformly showed the
importance of shorelines in the life cycle of anadromous fish; however the document did
not afford any protection for anadromous fish through the CAO. The board reiterated
that many marine shorelines and their habitats are critical areas and should be
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CAO ORDINANCE
EXHIBIT A
protected under the CAO. The board held that Pierce County failed to comply with
RCW 36.70A.172 (1) which states: In designating and protecting critical areas under
this chapter, counties and cities shall include BAS in developing policies and
development regulations to protect the functions and values of critical areas. In addition,
counties and cities shall give special consideration to conservation or protection
measures necessary to preserve or enhance anadromous fisheries. The Board ruled
against the County, directing them to integrate protection of critical shorelines in the
CAO.
A second case from the Western Hearings Board, Evergreen Islands, Futurewise and
Skagit Audubon Society vs. City of Anacortes (WGMHB #05-2-0016, 'Anacortes')
further reinforced the mandate to integrate CAO and SMP. In Anacortes the petitioners
challenged the City's buffer widths for several critical areas, including Shorelines.
Regarding shorelines, the City argued that the Board did not have jurisdiction over the
challenge to shoreline critical areas because shorelines are governed by the Shoreline
Management Act. The Board found that by updating its CAO, the City was making de
facto amendments to the City's SMP - following the intent of ESHB 1933. The ruling
suggests that CAO updates implicitly amend SMP's to the extent that there are
shoreline critical areas involved.
These cases and legislation lead to a key question, which we feel is adequately
answered by the proposed Bremerton CAO update and supporting BAS record.
How and to what extent will Bremerton's CAO Update integrate shoreline
management and incorporate BAS related to shorelines?
BREMERTON'S SHORELINE INTEGRA TION & BAS
Based on ESHB 1933 and Pierce County, Bremerton is integrating shoreline
management and shoreline BAS in the current CAO update. Extensive thought and
consideration went into the buffer widths in the Fish and Wildlife Conservation Areas
section of the CAO, where saltwater shoreline environments are specifically addressed.
Staff analyzed a significant amount of BAS, considered the urban nature of the City,
reviewed the goals and policies of the GMA and SMP, and took guidance from the
Comprehensive Plan to determine buffer widths, and gave special consideration to
anadromous fish.
It is important to note at the outset that the bulk of the available science on wetland and
stream buffer widths in the literature relate to freshwater stream and land animal habitat.
A lesser amount of science is available specifically addressing marine waters. State
agency representatives admitted this fact to City staff during the CAO update, and the
Kitsap Counties BAS White Paper notes "There is a scarcity of scientific data examining
the marine-riparian interactions" (Levings and Jamieson,2001). Given the slant of buffer
data towards freshwater environments, the Bremerton CAO affords greater variance in
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CAO ORDINANCE
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the protection of shoreline environments than freshwater environments, based on the
presence of fewer concrete benchmarks in the science of marine riparian environments.
Best Available Science - One of the most helpful BAS sources relied upon by
Bremerton in updating its stream and marine buffers is the Washington Department of
Fish and Wildlife's Management Recommendations for Washington's Priority Habitats -
Riparian (PHR) (Knutson and Naef, 1997). This document is based on numerous
supporting BAS sources and summarizes many other studies' buffer recommendations
for streams and shorelines. Starting on page 157, the PHR provides a table showing
the source and recommended buffer widths from other studies. These
recommendations vary greatly depending upon the habitat function being analyzed and
other factors - with most recommendations ranging between a width of 50' to over 200'
with outliers on both ends. Individual sources referenced in the PHR suggest that a 50'
buffer is the minimum buffer size needed for successful nutrient reduction (Castelle at
al. 1992) and that 50'-98' provides the minimal maintenance for most habitat functions
(Johnson and Ryba 1992). It must be emphasized again that most of these
recommendations pertain to freshwater stream environments, not saltwater shorelines.
It is unclear how such recommendations would translate to saltwater shorelines.
There are a number of studies that do support the establishment of riparian buffers
along marine shorelines although they do not identify specific widths based on direct
scientific evidence. For example Brennan et al. (2004) identify terrestrial insects as a
significant prey item for juvenile salmonids rearing along near shore areas in King
County, but the study did not examine the distance back from the shoreline a buffer
would have to be to protect these insects' habitat. Similarly, Pentilla (2001) examined
the effects of riparian shading on the egg survival of forage fish important to salmonid
diet, but doesn't provide guidance on a threshold extent of riparian vegetation needed
for summer egg survival. These and other studies suggest that functional habitat for
species critical to the juvenile salmonid diet is an important consideration in saltwater
shoreline environments.
A quality discussion of habitat preservation in nearshore and estuarine areas is included
in the Kitsap Peninsula Salmonid Refugia Study (Kitsap County, 2000). This paper
references numerous past studies to document that "an important period in the typical
salmonid life-cycle is spent in the transitional area of the nearshore environment",
especially for sea-run cutthroat trout, Chinook, Chum, and Pink Salmon. (pg. 27). The
paper also suggests four primary functions of the nearshore environment utilized by
salmon ids:
. Foraging - Nearshore detritus-based foods are important for young salmonids.
(Also discussed above)
. Refuge - Shallow, covered nearshore areas are important areas for salmonids
to take cover from predation.
. Physiological Transition - The mix of salt and freshwater in the nearshore is
important for salmonids during their transition between breathing fresh and
saltwater.
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CAO ORDINANCE
EXHIBIT A
. Migration Corridor - Juvenile and adult salmon swim largely in the nearshore
environment during their migrations in both directions.
To preserve these functions, the paper suggests protection mechanisms of disallowing
removal of native vegetation along saltwater shorelines, and reducing the impacts of
development in the form of docks, bulkheads, and roads. However, no numerical buffer
distances or quantitative mechanisms for preservation are proposed.
In summary, the City of Bremerton finds in the science well-documented buffer widths
ranging from roughly 50' to 200' for effective preservation of habitat in streams, but does
not find clear direction on appropriate buffer widths for saltwater shorelines. Bremerton
finds extensive general discussion of the importance of nearshore marine environments
to the habitat of salmon ids, but does not find quantitative data on appropriate buffers
and preservation mechanisms. There is clear direction in the science that preservation
of native vegetation and avoidance of shoreline development such as bulkheads, docks,
roads and other structures is critical to nearshore salmonid habitat.
Balancing Considerations - ESHB 1933 and 'Pierce County' call for strong integration
of the CAO and SMP and incorporation of BAS in protection of the shoreline
environment. Bremerton acknowledges this directive, but also asserts that some
balancing of varied goals and objectives remains necessary in the preparation of the
CAO Update with regard to shorelines. In Bremerton's case integration of the SMP's
development regulations into the CAO still calls for heavy reliance on the goals, policies,
and shoreline designations of the existing SMP since a comprehensive update to the
SMP is not possible at this time. Further, we point out that the Shoreline Management
Act as written in the RCW clearly states that economic, navigational, recreational, and
access requirement must be balanced with environmental considerations when
managing the shoreline. As a jurisdiction that is already substantially urbanized,
Bremerton asserts that it must maintain a balance of some of these non-environmental
considerations with the science in updating its CAO to continue as a well-functioning
city.
Recommended Buffer Distances & Shoreline Protections
Bremerton has consulted the science in incorporating new buffers for shoreline
environments and finds that for the city as a whole, the proposed CAO update affords
adequate protection to saltwater shorelines of the state, in line with BAS. This is to say
that within some particular urban shorelines the proposed buffers may not appear to
meet a science standard, but when viewed in the context of protections given to the
City's shoreline as a whole these deviations are acceptable. Many areas of the
Bremerton shoreline are already highly degraded, and redevelopment in these areas is
critical to the City's economic and social health, and public access. Bremerton's
approach to buffers is a balanced one, which allows generous shoreline buffers and
strict protections in areas characterized by non-urban natural shorelines, and reduced
buffers where the city is more urbanized.
1 3 of 1 5
CAO ORDINANCE
EXHIBIT A
Section 20.14.730 of the proposed CAG Update contains development standards and
buffers for fish and wildlife habitat areas. To integrate consideration of shorelines,
Bremerton proposes three sub-categories of buffer widths for saltwater shorelines of the
state as shown in 20.14.730 Table 1 (reproduced below).
T bl 20 14 30 W
B ff S
a e .7 ater Type u er tandards
Water Type Attributes Min. Bldg. Setback Buffer Width Standard
S Saltwater Urban Commercial/Industrial 15' Beyond Buffer 25 Feet
Shorelines Downtown Waterfront / Core
Urban Residential 15' Beyond Buffer 35 Feet
Urban Conservancy 15' Beyond Buffer 175 Feet
S Freshwater All 15' Beyond Buffer 175 Feet
Shorelines
The shoreline attributes, (eg. Urban Commercial/Urban Industrial etc.) are categories
already designated in the existing Bremerton SMP. These are included within the CAG
for the first time. It is important to note that a 15' building setback is in addition to the
buffer distance in all cases, and that requirements call for mandatory native vegetation
within the buffer itself.
To provide generous protection for non-urbanized natural shorelines (those designated
Urban Conservancy in the SMP), a 175' buffer distance is provided. This is consistent
with BAS recommendations for buffer distances that give excellent protection to habitat
in highly sensitive freshwater streams and wetlands. Here, the science standard is
clearly met, and Bremerton can be confident that existing natural nearshore habitats will
continue to provide high quality habitat for anadromous fish and other species.
Currently thes~ environments receive buffers of 25' per the existing SMP.
Shorelines designated Urban Residential by the SMP comprises a substantial portion of
the Bremerton waterfront, and many of these are already built out. For Urban
Residential shorelines a buffer of 35' plus an additional 15' building setback is proposed
- an effective buffer of 50' from the shoreline for new structures. This is consistent with
'low end' buffer recommendations for freshwater shorelines - roughly 50' per the BAS.
However, it is not clear that this freshwater recommended buffer translates directly to
shorelines. Bremerton finds that the proposed 35' naturally vegetated buffer fulfills the
basic functions for anadromous fish: 1.) Foraging, 2.) Refuge, 3.) Physiological
Transition, 4.) Migration Corridor. Further, the regulations guard clearly against
construction of new bulkheads, docks etc. in the nearshore environment. Such
construction is not allowable unless a habitat management plan is prepared. Currently
buffers in the Urban Residential environment are 25' per the existing SMP.
The third category of protection is for those shorelines that are the most highly
urbanized and intensely developed. A buffer of 25' plus 15' building setback is
proposed for these areas, which include the SMP designations Downtown Waterfront,
Downtown Core, Urban Commercial and Urban Industrial. The proposed 25' buffer
distance is at or below the low end of the science for buffers of freshwater streams, but
14 of 15
CAO ORDINANCE
EXHIBIT A
it is unclear how such a buffer would apply to a marine shoreline environment.
Protections of some habitat functions are included because vegetated shorelines are
required, and structures may not be built in the buffer without preparation of a habitat
management plan. Also note that these designations comprise a relatively small portion
of the Bremerton shoreline, and they are areas that have been urbanized or used for
industrial purposes for many decades. Currently buffers in these areas are 0' for water-
dependent uses, and 25'-35' for water-related uses per the existing SMP.
Bremerton asserts that by providing 1.) generous shoreline protections for existing
natural habitats, 2.) buffer distances meeting BAS with vegetated shorelines in
residential environments, and 3.) targeted areas of urban development, the
requirements for integration of the SMP in the proposed CAG Update are fully achieved.
III. CONCLUSIONS & RECOMMENDATION
The Planning Commission concludes that the recommended CAG Update is consistent
with the Growth Management Act, Kitsap County-Wide Planning Policies, and the City
of Bremerton Comprehensive Plan. The Commission concludes that the recommended
CAG Update incorporates Best Available Science, and provides adequate protection to
Fish and Wildlife Habitat including special consideration to anadromous fish habitat.
The recommended CAG Update is adequate to protect the public health, safety, general
welfare and private property from inappropriate development in critical areas. The
recommended CAG is in line with recent Growth Management Hearings Board cases
regarding the integration of CAG and Shoreline Management Program regulations.
Based on the conclusions above, the Commission recommends Chapter 20.14 of Title
20, Land Use, to the Bremerton City Council for adoption.
Respectfully submitted by:
Executive Secretary
Approved by:
John Cockburn, Chair
1 5 of 15
CAO ORDINANCE
EXHIBIT A - ATTACHMENT I
City of Bremerton's
Critical Area Ordinance
Best Available Science References
Growth Management Act Requirements
In 1995 the Washington State Growth Management Act was amended to require the
use of "Best Available Science" (BAS) when designating and protecting Critical Areas.
The Act requires that cities and counties include best available science in developing
policies and development regulations to protect the functions and values of critical
areas. Five critical areas are identified by the GMA
(RCW 36.70A.030 [5]):
· Wetlands;
· Critical Aquifer Recharge Areas;
· Frequently flooded areas;
· Geologically hazardous areas and;
· Fish and wildlife habitat conservation areas.
In addition, RCW 36.70A.172(1) states that special consideration must be given to
"measures necessary to preserve or enhance anadromous fisheries," which refers to
those species that reproduce in fresh water and migrate to salt water for some portion of
their life, returning to fresh water. The term "fisheries" commonly refers to stocks of fish
that are managed for commercial, recreational, cultural, or ceremonial uses (WDFW,
1997).
In response to this legislation, the State Office of Community, Trade, and Economic
Development (CTED) promulgated rules to guide cities and counties in identifying and
including the best available science in their critical area policies and regulations. These
rules are found under WAC 365-195-900-925.
BAS Process
The City of Bremerton heavily relied upon the existing BAS literature determined by
other local, state and federal natural resource agencies to meet the BAS Criteria (WAC
365-195-905(2)). Review of BAS for local applicability to the City of Bremerton was
assisted by a Technical Review Committee, convened by the City and composed of
representatives from local, state and natural resource agencies, and various community
stakeholder groups. Committee members were guided by a duty and purpose of
assisting the city in determining what BAS is appropriate to consider" in updating the
CAO.
References
When applicable the references will be separated by the critical area section however
many references were used in several sections and are therefore listed as general
references. While this represents an extensive list of CAO citations, it may not be all
the best available science currently published on the subject.
1 of 7
CAO ORDINANCE
EXHIBIT A - ATTACHMENT I
General References
King County. 2003 BAS Review
Kitsap County, Department of Community Development. 2004. Kitsap County's Draft
Critical Areas Ordinance: Review of Best Available Science.
Municipal Research and Services Center of Washington. 2004. Website. City and
county codes for Washington State jurisdictions available at URL =
http://www . m rsc. org/codes. aspx
RCW 36.70A.172 Critical Areas - Designation and Protection - Best Available
Science.
WAC 365-190-080 Critical Areas.
WAC 365-195-900 Best Available Science.
Washington State Department of Community, Trade, and Economic Development.
2003. Critical Areas Handbook: Protecting Critical Areas within the Framework of the
Washington Growth Management Act.
Washington State Department of Community Trade, and Economic Development. 2002.
Model Code Recommendations for Designating and Protecting Critical Areas, First
Edition, 2nd Draft. Prepared by Berryman & Henigar Inc., Adolfson Associates Inc., and
GeoEngineers, Inc. OCD, Olympia: WA.
Washington State Department of Ecology. 2001. Focus: Riparian Areas. Washington
Department of Ecology. Available online at:
http://www.ecy.wa.gov/pubs/0010023.pdf
Washington State Department of Ecology. Digital Coastal Zone Atlas.
Available online at: http://www.ecy.wa.gov/programs/sea/SMA/atlas_home.html
Other Jurisdictions Critical Area Ordinances and Best
Available Science Reviewed
City of Auburn, Bainbridge Island, City of Bellevue, City of Edmonds, City of Everett,
City of Issaquah, City of Kent, City of Mukilteo, City of Port Townsend
City of Tacoma, City of Shoreline, City of Redmond, City of Renton, Kitsap County,
Pierce County.
2 of 7
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EXHIBIT A - ATTACHMENT I
Section 20.14.300 - Wetlands
Kitsap County Surface Water Resources Map. (includes all streams, wetlands, lakes
and marine waters of the Puget Sound) URL:
http://www.kitsapqov.com/dcd/qis/maps/Enviranmental/Streams and Surface WaterD
EC2005.pdf
Kitsap County Wetland and Hydric Soils Map:
http://www.kitsapqov.com/d cd/q is/maps/E nvi ran mental/WETLAN OS HYD R I C. pdf
Washington State Department of Ecology. 2004. Guidance on Wetland Mitigation in
Washington State Part 1: Laws, Rules, Policies, and Guidance Related to Wetland &
Mitigation & Part 2: Guidelines for Developing Wetland Mitigation Plans and Proposals
(Ecology Publications # 04-06-013a & # 04-06-013b)
Washington State Department of Ecology. 1997. Washington State Wetlands
Identification and Delineation Manual (Ecology Publication # 96-94).
Washington State Department of Ecology. 2004. Washington State Wetlands Rating
System - Western Washington (Ecology Publication # 04-06-025)
Washington State Department of Ecology. 1992. Wetland Buffers: Use and
Effectiveness, and Appendices (Ecology Publications # 92-10 & 92-10a)
Washington State Department of Ecology & Washington State Department of Fish and
Wildlife. 2005. Wetlands in Washington State - Volume 1: A Synthesis of the Science
& Volume 2: Guidance for Protecting and Managing Wetlands (Ecology Publications
#05-06-006 & #05-06-008)
Section 20.14.400 - Critical Aquifer Recharge Areas
AGI Technologies Water Resource Group. 1996. Technical Memorandum #3
Conceptual Hydrogeological Model Gorst Creek Basin. Publication reference number
15842.001
Bremerton-Kitsap County Board of Health Ordinance 2-1991, Rules and Regulations for
Public and Private Water Supplies.
Kitsap County Critical Aquifer Recharge Area Map. URL:
http://www.kitsapqov.com/dcd/q is/maps/envi ronmental/ Aq u ifier Rechaqe Areas. pdf
(Accessed 11/24/05)
Kitsap Public Utilities District. Issue Paper: Well Construction and Decommissioning.
Volume 4 Appendix 2. May 20, 1997.
U RL: http://www . kpud .org/reference/docs/kc _grou ndwater/wellcons. pdf
3 of 7
CAO ORDINANCE
EXHIBIT A - ATTACHMENT I
Kitsap Public Utilities District. Issue Paper: Aquifer Water Balance (WB), Volume 4
Appendix 2. May 20,1997. URL:
http://www . kpud .org/reference/docs/kc _grou ndwater/waterbal. pdf
Puget Sound Action Team. 2005 "Low Impact Development Technical Guidance
Document for Puget Sound' URL:
http://www. psat. wa.qov/Publications/L1 D tech manuaI05/L1 D manual2005. pdf
RCW 18.104 - Water Well Construction Act (1971)
RCW 43.20. Public Water Systems - Penalties and Compliance.
RCW 70.119A. State Board of Health.
U.S. Environmental Protection Agency. 2003. "Potential sources of drinking water
contamination index. URL: http://www.epa.gov/safewater/swp/sources1.html(Accessed
Nov. 2005)
U.S. Environmental Protection Agency; Office of Ground-Water Protection; Office of
Water. 1990. "Citizen's Guide to Ground-Water Protection"
WAC 173-160 - Minimum Standards for Construction and Maintenance of Wells.
WAC 246-290 - Drinking Water Regulations - State Board of Health
Washington State Department of Ecology. 2000. Guidance document for the
establishment of critical aquifer recharge area ordinances. (Ecology Publication # 05-
1 0-028)
Washington State Department of Health. 2005. Washington's Source Water
Assessment Program. DOH publication # 331-148
Section 20.14.500 - Frequently Flooded Areas
us Department of Housing and Urban Development. 1979. Flood Boundary and
Floodway Map, panel 15.
Section 20.14.600 - Geologically Hazardous Areas
Kitsap County, Department of Community Development. 2003. Kitsap County's Draft
Critical Areas Ordinance: Review of Best Available Science - Geologically Hazardous
Areas. Port Orchard, WA.
Kitsap County Geologically Hazardous Areas Map. URL:
http://www.kitsapqov.com/dcd/q is/maps/Environmental/Geohazards DE C2 005. pdf
4of7
CAO ORDINANCE
EXHIBIT A - ATTACHMENT I
Soil Survey of Kitsap County Area, Washington. United State Department of Agriculture,
Soil Conservation Service in cooperation with Washington State Department of Natural
Resources and Washington State University, Agricultural Research Center.
GIS Data Layer, Quaternary Geology and Stratigraphy of Kitsap County. Based on
Jerald Deeter 1979 thesis (WWU).
http://www.kitsapgov.com/gis/metadata/enviro/stability.htm
City of Edmonds Best Available Science Report. 2004. Prepared by EDAW Inc.,
Seattle, WA.
City of Issaquah Best Available Science Report. 2004. Prepared by Issaquah Planning
Department, Issaquah, WA.
International Society of Arbiculture (ISA) Trees Are Good. Pruning Techniques.
www.treesareoood.com/treecare/pru nino matu re. aspx
United States Department of Agriculture (USDA) How to Prune Trees.
www.na.fs.fed.us/spfo/pubs/howtos/ht prune/prun001.htm
Dr. Ed Gilman, University of Florida. Pruning Shade Trees In The Landscape.
Best Available Science Issue Paper: Snoqualmie Watershed Near Term Action Agenda
Implementation Project. March 2004.
Jefferson County Review of Best Available Science for 2004 Comprehensive Plan
and Development Regulations Update.
King County Best Available Science: Volume I Review of Science Literature. Chapter 5
Geologic Hazard Areas.
Thurston County Best Available Science / Guidance Geologic Hazard Areas. July 2005.
Shipman, Hugh. 2001. Coastallandsliding on Puget Sound: A review of
landslides occurring between 1996 and 1999. Washington Department of
Ecology. Report #01-06-019.
Washington Department of Ecology. Controlling Erosion Using Vegetation.
http://www . ecy. wa. oov/proo rams/sea/pu bs/93-30/index. htm I
Washington Department of Ecology. Managing Vegetation on Coastal Slopes.
http://www.ecy.wa.oov/proorams/sea/pubs/93-31 /intro.html
USGS Seismic Hazards Investigation in Puget Sound (SHIPS). A U.S. / Canadian
5 of 7
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EXHIBIT A - ATTACHMENT I
Consortium to provide public information for mitigating a potential earthquake disaster in
the Pacific Northwest. http://walrus.wr.usqs.qov/ships/
The Pacific Northwest Seismograph Network (PNSN). All about earthquakes and
geologic hazards of the Pacific Northwest.
http://www.pnsn.orq/lNFOGENERAL/faq.html.
International Building Code 2003. International Code Council, Inc. ISBN #1-892395-
56-8.
USGS Quaternary Fault and Fold Database for the United States.
http://earthquake.usqs.qov/reqional/qfaults/wa/sea . htm I.
Tsunamis on the Pacific Coast of Washington State and Adjacent Areas - A Selected,
Annotated Bibliography and Directory. Compiled by Connie J. Manson and Lee
Walkling. Washington State Department of Natural Resources. Open File Report 98-4.
April, 1998.
Tsunami Inundation Map of the Port Townsend, Washington, Area. Washington State
DNR. August, 2002.
Tsunami Hazard Map of the Elliot Bay Area, Seattle, Washington: Modeled Tsunami
Inundation from a Seattle Fault Earthquake. Walsh, Titov, Venturato, Mofjeld,
Gonzalez. 2003.
Section 20.14.700 - Fish and Wildlife Habitat
Bellevue Critical Areas Update. Wildlife BAS Paper. March 2003. URL:
http://www.ci.bellevue.wa.us/departments/DevelopmenUpdf. (Accessed 12/7/05)
Kitsap County Fish and Wildlife Habitat Map. URL:
http://www.kitsapqov.com/dcd/qis/maps/Environmental/Fish and Wildlife PHS.pdf
(Accessed 12/08/05)
Kitsap County Watershed Resource Management. URL:
http://www.kitsapqov.com/dcd/nr/wrm/ (Accessed 12/7/05)
Kitsap County, 2000. "Kitsap Peninsula salmonid Refugia Study." Port Orchard, WA
Knutson, K.L., and V. L. Naef. 1997. Management Recommendations for Washington
Priority Habitats and Species: Riparian. Wash. Dept. Fish and Wildlife., Olympia.
181 pp. URL: http://www.wdfw.wa.qov/hab/phsrecs.htm. (Accessed 12/7/05)
Ledwith, Tyler. 1996. (The effects of Buffer Strip Width on Air Temperature and Relative
Humidity in a Stream Riparian Zone." URL: watershed.org/news.sum_96/buffer.html
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EXHIBIT A - ATTACHMENT I
May, C.W. 2003. Stream-Riparian Ecosystems in the Puget Sound Lowland Eco-
Region: A Review of Best Available Science. Watershed Ecology LLC.
Puget Sound Action Team: June 28,2005. Compiled and edited by Scott Redman,
Doug Myers, and Dan Averill. "Regional Nearshore and Marine Aspects of Salmon
Recovery in Puget Sound" U RL:
http://www . psat. wa .gov/Prog rams/sal mon _recovery/Reg ional Nearshore. pdf
Shared Strategy for Puget Sound. Watershed Profile
http://www.sharedsalmonstrateqy.orq/watersheds/watershed-eastkitsap.htm (Accessed
2/9/06)
WAC 232-12-014 Washington State Endangered Species
WAC 232-12-011 Washington State Threatened and Sensitive Species
WAC 222-16-030 Department of Natural Resources Water Typing System
Washington Environmental Council. 2004. Habitat Protection Tool Kit: A Guide to
Habitat Conservation Planning Under Washington's Growth Management and Shoreline
Management Acts. URL: www.wecprotects.orq
Washington Department of Fish and Wildlife Priority Habitat and Species Map. Volume
IV: Birds. URL http://wdfw.wa.qov/hab/phs/voI4/saqe qrouse.pdf
Washington State Department of Ecology. 2005. Protecting Aquatic Ecosystems: A
Guide for Puget Sound Planners to Understand Watershed Processes (Publication #
05-06-013 )
Washington State Department of Ecology. 2001. Focus: Riparian Areas. Washington
Department of Ecology (Publication # 00-10-023)
Water Resource Management Plan for Water Resource Inventory Area 15 (WRIA 15)
URL: http://www.kitsappeninsulawatershed.orq (Accessed 12/9/05)
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AFFIDAVIT OF PUBLICATION
Account #42742/ Ad# 100191535
ST ATE OF WASHINGTON
COUNTY OF KITSAP
1, Sarah Weller, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for ~ore than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as
a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County,
Washington and is now and during all of said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper; that the following is a true text of a legal advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: ,
March 18,2006 and that such newspaper was regularly distributed to its subscribers during all of $38.38,
which amount has not been paid in full.
~\DeUu-
(Signature of Principal Clerk)
ORDINANCE NO. 4965"
Sub",ibed and 'wo'" to bebe me Ihi, day of MM'h2
Notary Public in and for the State of Washington, Kitsap County.
AN ORDINANCE of the City Council of the City of Bremerton, Washington amending certain sections of
Chapter 17.60 of the Bremerton Municipal Code relating to floodplain management; repealing and
replacing in its entirety Chapter 20.14 of the Bremerton Municipal Code entitled "Critical Areas"
establishing new and updated critical area regulations for the City of Bremerton; and amending Table 040
of Chapter 20.02 of the Bremerton Municipal Code relating to permitting.-
PASSED by the City Council the 15th day of March, 2006.-
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337.-
March 18,2006"#100191535-