HomeMy WebLinkAbout5418ORDINANCE NO. 5418
AN ORDINANCE of the City Council of the City of
Bremerton, Washington amending Chapter 20.14 of the Bremerton
Municipal Code, entitled Critical Areas, relating to the Shoreline
Master Program.
WHEREAS, the City of Bremerton's Shoreline Master Program (SMP) was
updated per Ordinance No. 5417, and associated Critical Area codes are hereby updated to be
consistent with the SMP update; and
WHEREAS, the proposed code updates are consistent with the Washington
Department of Ecology published wetland buffer guidance in July of 2018 as Best Available
Science into the City's wetland buffer regulations; and
WHEREAS, the Bremerton City Council held a Joint Public Hearing on
November 16, 2020 to collect comments and testimony concerning the Draft Shoreline Master
Program (SMP) document. The joint review process, per WAC 173-26-104, consolidates the
local and State of Washington Department of Ecology's SMP public comment periods, speeding
up the approval process; and
WHEREAS, in accordance with Chapter 43.21C RCW and WAC 197-11, a
Determination of Non -Significance ("DNS") with a comment period which expired on
December 29, 2020, and an appeal period which expired on January 19, 2021. No appeals were
filed; and
WHEREAS, on November 9, 2020, amendments to the critical area regulations
were circulated to the State Agencies for the requisite 60-day review and comment period; and
WHEREAS, the Bremerton Planning Commission held a Joint Public Hearing on
November 16, 2020 to considered staff s recommendations, received testimony, and formulated
a recommendation for SMP update, including the critical area regulations to the City Council for
consideration at a duly advertised public hearing. The joint review process, per WAC 173-26-
104, consolidates the local and State of Washington Department of Ecology's SMP public
comment periods, speeding up the approval process; and
WHEREAS, Department of Ecology reviewed the Planning Commission's
recommendation and provided required and recommended changes to the SMP and critical area
regulations for City Council's consideration; and
WHEREAS, on April 15, 2021 the public was notified by legal advertisement in
the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the
City Council; and
CAO Amendments
WHEREAS, City Council took public testimony from interested parties and
considered all written and oral arguments at a duly advertised public hearing for the critical area
code update on April 21, 2021; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON5 WASHINGTON5
DOES HEREBY DO ORDAIN AS FOLLOWS:
SECTION I. The recitals set forth above are hereby incorporated as if set forth
herein in full.
SECTION2. Bremerton Municipal Code Section 20.14.190, entitled "Tree
Removal" is hereby amended to:
20.14.190 TREE REMOVAL.
Trees and other vegetation are important elements of the physical environment, especially
those located within or near critical areas. This section addresses removing trees within critical
areas or their associated buffers. Removal of trees within geological hazardous area shall also
comply with BMC 20.14.630(e) and (f).
(a) Elimination of Danger Trees. Removal of danger trees within the critical area or
associated buffers 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.
(b) Tree Replacement. Trees removed from the critical area or associated buffers,
including danger trees, must comply with the following provisions,
(1) Removal of trees greater than six (6) inches in diameter at four (4) feet in
height shall be replaced at a ratio of three to one with native species and shall be a
minimum of six feet in height at the time of planting for both evergreen and deciduous trees.
Replacements shall be located reestablished within an onsite any required critical area buffer on
he pfejeet site Replacement trees shall be spaced appropriately for the species type or as
specified in a critical area report. In the case of a danger tree being removed, the danger tree may
be removed and replaced with a 3:1 ratio of a native tree that is known to enhance the critical
area in which it is located without a critical area report. The Director or his or her designee e may
grant some or all replacement locations outside a critical area buffer at a nearbv location, where
no feasible alternative exists.
(2) Shoreline Jurisdiction. Properties located within the City's shoreline
jurisdiction are subject to additional tree removal and replacement standards if the trees) to be
removed are located within the required shoreline buffer. See Shoreline Master Program Section
7.020 for additional standards.
SECTION3. Bremerton Municipal Code Section 20.14.200, entitled
"Definitions" is hereby amended to:
2
CAO Amendments
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 Webster's Third New International Dictionary, latest edition.
"Active fault" means 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 (1) or more times in the last ten thousand (10,000) years, but faults may also be
considered active in some cases if movement has occurred in the last five hundred thousand
(5005000) years.
"Adaptive management" relies on scientific methods to evaluate how well regulatory and
nonregulatory 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, means 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 of the functions and values of the
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 three hundred (300) feet upland from a
stream, wetland, or water body;
D. Bordering or within the floodway, floodplain, or channel migration zone;
or
E. A distance equal to or less than two hundred (200) feet from a critical
aquifer recharge area.
"Advance mitigation" means mitigation of an anticipated critical area impact or hazard
completed according to an approved critical area report and prior to site development.
"Agricultural land" means land primarily devoted to the commercial production of
horticultural, viticultural, floricultural, dairy, apiary, or animal products or of berries, grain, hay,
straw, turf, 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" means 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" means 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 of the critical area.
"Anadromous fish" means 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
3
CAO Amendments
incubation, rearing, smoltiflcation (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" means 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" means 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" means an aquifer bounded above and below by beds of distinctly
lower permeability than that of the aquifer itself and that contains groundwater under sufficient
pressure for the water to rise above the top of the aquifer.
"Aquifer recharge areas" means areas that, due to the presence of certain soils, geology,
and surface water, act to recharge groundwater by percolation.
"Aquifer, sole source" means an area designated by the U.S. Environmental Protection
Agency under the Safe Drinking Water Act of 1974, Section 1424(e). The aquifer(s) must supply
fifty (50) percent or more of the drinking water for an area without a sufficient replacement
available.
"Aquifer susceptibility" means the case 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.
"Aquifer, unconfined" means an aquifer not bounded above by a bed of distinctly lower
permeability than that of the aquifer itself and containing groundwater under pressure
approximately equal to that of the atmosphere. This term is synonymous with the term "water
table aquifer."
"Area of shallow flooding" means 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.
"Associated wetlands" means those wetlands which are in proximity to and either
influence or are influenced by tidal waters or a lake or stream subject to the Shoreline
Management Act.
"Base flood" means a flood event having a one (1) percent chance of being equaled or
exceeded in any given year, also referred to as the one hundred (100) year flood. Designations of
base flood areas on flood insurance map(s) always include the letters A or V.
"Basement" means any area of the building having its floor below ground level on all
sides.
"Best available science" means 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 365495-900 through 365495-925. 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)" means 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;
LI
CAO Amendments
B. Minimize adverse impacts to surface water and groundwater 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 revegetation 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" means 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 wall" means 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" means 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.
"Channel migration zone (CMZ)" means the lateral extent of likely movement along a
stream or river during the next one hundred (100) 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" means the removal of noninvasive 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, constitute clearing.
"Coastal high hazard area" means 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 V1-30, VE, or V.
"Compensation project" means actions necessary to replace project -induced critical area
and buffer losses, including land acquisition, planning, construction plans, monitoring, and
contingency actions.
"Compensatory mitigation" means replacing project -induced losses or impacts to a
critical area, and includes, but is not limited to, the following:
5
CAO Amendments
A. "Creation" means actions performed to intentionally establish a critical
area such as a wetland at a site where it did not formerly exist.
Be "Enhancement" means 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.
C. "Preservation" means actions taken to ensure the permanent protection of
existing, high -quality critical areas such as wetlands.
D. "Restoration" means 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.
"Conservation easement" means 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.
"Critical aquifer recharge area" means areas determined to have a critical recharging
effect on aquifers used for potable water as classified per BMC 20.14.420.
"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 Chapter 36.70A RCW and this title.
"Critical area tract" means 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 steppes, on -site watersheds, one hundred (100) year floodplains, shorelines or shorelines of
statewide significance, riparian areas, and wetlands.
"Critical facility" means 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" means all animal and plant species listed by the state or federal
government as threatened or endangered.
"Cumulative impacts or effects" means 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" means 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" means 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" means any activity upon the land consisting of construction or alteration
of structures, earth movement, dredging, dumping, grading, filling, mining, removal of any sand,
CAO Amendments
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 that
bind land to specific patterns of use including, but not limited to, subdivisions, short
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, ornamental landscaping,
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" means any permit issued by the City, or other authorized agency,
for construction, land use, or the alteration of land.
"Director" means 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" means a building that has no basement and its lowest elevated floor
is raised aboveground level by foundation walls, shear walls, posts, piers, pilings, or columns.
"Emergent wetland" means a wetland with at least thirty (30) percent of the surface area
covered by erect, rooted, herbaceous vegetation extending above the water surface as the
uppermost vegetative strata.
"Erosion" means the process whereby wind, rain, water, and other natural agents mobilize
and transport particles.
"Exotic" means any species of plants or animals which are foreign to the planning area.
"Fish and wildlife habitat conservation areas" means areas necessary for maintaining
species in suitable habitats within their natural geographic distribution so that the habitat
available is sufficient to support viable populations over the long term, and isolated
subpopulations are not created as designated by WAC 365490-130. 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, herring, smelt, sandlance and other forage fish
spawning habitat;
F. 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;
G. 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;
7
CAO Amendments
H. Lakes, ponds, streams, and rivers planted with game fish by a
governmental or tribal entity;
I. State natural area preserves and natural resource conservation areas; and
J. Land essential for preserving connections between habitat blocks and open
spaces.
"Fish habitat" means 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" means 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" means the official map on which the Federal Insurance
Administration has delineated the areas of special flood hazards and includes the risk premium
zones applicable to the community. Also known as "flood insurance rate map" or "FIRM."
"Flood insurance study" means 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.
"F000dplain" means the total land area adjoining a river, stream, watercourse, or lake
subject to inundation by the base flood.
"Flood protection elevation" means the elevation that is one (1) foot above the base flood
elevation.
"Flood -resistant material" means 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 No. 2-93, 1993, and FEMA publication FEMA-348,
Protecting Building Utilities from Flood Damage.
"Floodway" means 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 than one (1) foot. Also known as the "zero rise floodway."
"Forested wetland" means a wetland with at least thirty (30) percent of the surface area
covered by woody vegetation greater than twenty (20) feet in height that is at least partially
rooted within the wetland.
"Formation" means an assemblage of earth materials grouped together into a unit that is
convenient for description or mapping.
"Formation, confining" means the relatively impermeable formation immediately
overlying a confined aquifer.
"Frequently flooded areas" means lands in the floodplain subject to a one (1) percent 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
MAC 365490-080(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 one hundred (100) year floodplain designations of the Federal Emergency
Management Agency and the National Flood Insurance Program.
"Functions and values" means the beneficial roles served by critical areas including, but
not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain
support; flood storage, conveyance and attenuation; groundwater recharge and discharge; erosion
control; wave attenuation, protection from hazards; historical, archaeological, and aesthetic value
E
CAO Amendments
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" means 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, earthquakes, or other geological events. For the purposes of this
code, "geologically hazardous areas" are those areas receiving high or moderate geologically
hazardous classifications per BMC 20.14.600 through 20.14.660.
"Groundwater" means water in a saturated zone or stratum beneath the surface of land or
a surface water body.
"Groundwater management area" means a specific geographic area or subarea designated
pursuant to Chapter 173-100 WAC for which a groundwater management program is required.
"Groundwater management program" means a comprehensive program designed to
protect groundwater quality, to ensure groundwater quantity, and to provide for efficient
management of water resources while recognizing existing groundwater rights and meeting
future needs consistent with local and state objectives, policies, and authorities within a
designated groundwater management area or subarea and developed pursuant to Chapter 173-
100 WAC.
"Groundwater, perched" means groundwater in a saturated zone, separated from the
underlying main body of groundwater by an unsaturated rock zone.
"Grading" means 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" means 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" means areas designated as fish and wildlife habitat
conservation areas.
"Habitat management plan (HMP)" 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 of limited availability or high vulnerability
to alterations such as cliffs, taluses, and wetlands. (WAC 365490-030).
"Hazard areas" means 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" means 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 173-303400.
"High -intensity land use" means land uses which are associated with high levels of
human disturbance or substantial habitat impacts including, but not limited to, medium- and
0
CAO Amendments
high -density residential (more than one (1) home per five (5) acres), multifamily residential,
some agricultural practices, and commercial and industrial land uses.
"High quality wetlands" means those wetlands that meet the following criteria:
A. No, or isolated, human alteration of the wetland topography;
Be No human -caused alteration of the hydrology or the wetland appears to
have recovered from the alteration;
CO 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" means a condition of the 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)" means a permit issued by the Washington
Department of Fish and Wildlife for modifications to waters of the state in accordance with
Chapter 75.20 RCW.
"Hydric soil" means 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 following the methods described in the approved federal wetland delineation
manual and applicable regional supplements.
"Hydrologic soil groups" means 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 (4) hydrologic soil groups:
A. Low runoff potential and a high rate of infiltration potential;
Be Moderate infiltration potential and a moderate rate of runoff potential;
Co Slow infiltration potential and a moderate -to -high rate of runoff potential;
and
D. High runoff potential and very slow infiltration and water transmission
rates.
"Hydrophytic vegetation" means 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 of hydrophytic vegetation shall be determined following the methods described in
the approved federal wetland delineation manual and applicable regional supplements.
"Hyporheic zone" means 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 BMC 20.42.040 for a discussion
of impervious pavements.)
10
CAO Amendments
"In -kind compensation" means 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."
"Infiltration" means the downward entry of water into the immediate surface of soil.
"Injection well(s)" means:
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.
Be 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 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" means a vegetative or animal species not native to a region, and marked by a
tendency to spread, especially with proclivity to replace healthy native species.
"Isolated wetlands" means those wetlands that are outside of and not contiguous to any
one hundred (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.
"Joint aquatic resource permits application" means 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)" 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 predevelopment hydrologic functions.
"Low -intensity land use" means 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" means the lowest floor of the lowest enclosed area, including the
basement. An unfinished or flood -resistant enclosure, usable solely for parking of vehicles,
11
CAO Amendments
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 of this title.
"Mine hazard areas" means 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" means avoiding, 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;
Be 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;
Co 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 of the above measures.
"Mobile home" means a structure, transportable in one (1) 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 "mobile home" does not include a "recreational
vehicle."
"Mobile home park or subdivision" means a parcel (or contiguous parcels) of land
divided into two (2) or more manufactured home lots for rent or sale.
"Moderate -intensity land use" means 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 (1) home per five (5) acres), active recreation, and moderate
agricultural land uses.
"Monitoring" means 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.
12
CAO Amendments
"Native growth protection area (NGPA)" means 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.
"Native vegetation" means plant species that are indigenous to the area in question.
"Natural waters" means waters, excluding water conveyance systems that are artificially
constructed and actively maintained for irrigation.
Nonconformity. See BMC 20.54.040, Definitions, of the nonconforming provisions of
this title.
"Off -site compensation" means to replace critical areas away from the site on which a
critical area has been impacted.
"On -site compensation" means to replace critical areas at or adjacent to the site on which
a critical area has been impacted.
"Ordinary high water mark (OHM)" means the mark on all lakes, streams, and tidal
waters which will be found by examining the beds and banks and ascertaining where the
presence and action of waters are so common and usual, and so long continued in all ordinary
years, as to marls upon the soil a character distinct from that of the abutting upland, in respect to
vegetation, as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it
may change thereafter in accordance with permits issued by a local government or the
Department; provided, that in any area where the ordinary high water mark cannot be found, the
ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the
ordinary high water mark adjoining fresh water shall be the line of mean high water.
"Out -of -kind compensation" means 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" means 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" means 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" means water that is safe and palatable for human use.
"Practical alternative" means 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" means 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. "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" means habitat type or elements with unique or significant value to one
(1) or more species as classified by the State Department of Fish 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" means 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
13
CAO Amendments
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" means 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
hydrogeologist, geologist, engineer, or other scientist with experience in preparing
hydrogeologic assessments, and meets the requirements set forth in BMC 20.14.450.
"Recharge" means the process involved in the absorption and addition of water to
groundwater.
"Reclaimed water" means municipal wastewater effluent that has been adequately and
reliably 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.
"Repair" or "maintenance" means 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" means 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
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" means 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 if the 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.
14
CAO Amendments
"Scientific process" means a valid scientific process is one (1) 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.
Be 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.
Co 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" means a wetland with at least thirty (30) percent of its surface area
covered by woody vegetation less than twenty (20) feet in height at the uppermost strata.
"Section 404 permit" means a permit issued by the U.S. Army Corps of Engineers for the
placement of dredge or fill material or clearing in waters of the United States, including
wetlands, in accordance with 33 USC Section 1344. Section 404 permits may also be for
endangered species consultation. They require a consultation under Section 7 of the Federal
Endangered Species Act.
"Seeps" means a spot where water oozes from the earth, often forming the source of a
small stream.
"Seismic hazard areas" means areas that are subject to severe risk of damage as a result of
earthquake -induced ground shaking, slope failure, settlement, or soil liquefaction.
"Shorelines" means 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;
Be Shorelines on segments of streams upstream of a point where the mean
annual flow is twenty (20) cubic feet per second (20 cfps) or less and the wetlands associated
with such upstream segments; and
Co Shorelines on lakes less than twenty (20) acres in size and wetlands
associated with such small lakes.
"Shorelines of the state" means 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" means those areas defined in RCW
90.58.030(2)(e).
"Shorelands or shoreland areas" means those lands extending landward for two hundred
(200) feet in all directions as measured on a horizontal plane from the ordinary high water marls;
floodways and contiguous floodplain areas landward two hundred (200) feet from such
15
CAO Amendments
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" means the most recent soil survey for the local area or county by the
ational Resources Conservati Non Service, U.S. Department of Agriculture.
"Special flood hazard areas" means the land in the floodplain within an area subject to a
one (1) percent 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" means aquifer recharge areas defined by WAC 173-20M%
that require special consideration or increased protection because of unique characteristics,
including, but not limited to:
A. Groundwaters that support an ecological system requiring more stringent
criteria than drinking water standards;
B. Groundwater recharge areas and wellhead protection areas that are
vulnerable to pollution because of hydrogeologic characteristics; and
C. Sole source aquifer status.
"Species" means any group of animals classified as a species or subspecies as commonly
accepted by the scientific community.
"Species, endangered" means 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" means those species of local concern due to their
population status or their sensitivity to habitat manipulation, or that are game species.
"Species, priority" means 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" means 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.
"Subdrainage basin" or "subbasin" means the drainage area of the 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 of their own. When two (2) first order streams meet, they form a second order stream,
and when two (2) second order streams meet they become a third order stream, and so on.
"Substantial damage" means 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 (50)
percent of the market value of the structure before the damage occurred.
"Substantial improvement" means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty (50) percent 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" means adverse impacts that remain after all appropriate and practicable
avoidance and minimization have been achieved.
i MA
CAO Amendments
"Vulnerability" means the combined effect of susceptibility to contamination and the
presence of potential contaminants.
"Water -dependent" means 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)" means one (1) 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.
"Water table" means 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" means waters are classified according to WAC 222-16-031.
Waters are classified into four (4) 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.
"Watercourse" means 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 runoff devices, or other entirely artificial watercourses,
except where they exist in a natural watercourse that has been altered by humans.
"Well" means a bored, drilled, or driven shaft, or a dug hole whose depth is greater than
the largest surface dimension for the purpose of withdrawing or injecting water or other liquids.
"Wellhead protection area (WHPA)" means 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.
"Wetland classes," "classes of wetlands," or "wetland types" means the descriptive
classes of the wetlands taxonomic classification system of the U.S. Fish and Wildlife Service
(Cowardin, et al., 1979).
"Wetland edge" means the boundary of a wetland as delineated based on the definitions
contained in this title.
"Wetlands" means areas that are inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include
those artificial wetlands intentionally created from nonwetland 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
17
CAO Amendments
highway. Wetlands include artificial wetlands created from nonwetland areas to mitigate the
conversion of wetlands. Identification of wetlands and delineation of their boundaries pursuant to
this chapter shall be done in accordance with the approved federal wetland delineation manual
and applicable regional supplements. All areas within the City meeting the wetland designation
criteria in that procedure are hereby designated critical areas and are subject to the provisions of
this program. Aletlan r delinea iefls are valid f five (5) year-s; aft f st.: h date the ( ity shall
leter-mine whetherFevisian. ddit;enal assessment is neeessar-y.
"Wetlands mitigation bank" means 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" means the area surrounding a well or spring that encompasses all
areas or features that supply groundwater recharge to the well or spring.
SECTION4. Bremerton Municipal Code Section 20.14.320, entitled
"Classification and Designation" is hereby amended to:
20.14.320 CLASSIFICATION AND 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 No. 14-0&029) or as
amended and approved by Ecoloayhefeafief. Wetland delineations are valid for five (5) years;
after such date the city shall determine whether a revision or additional assessment is necessary.
These documents contain the definitions and methods for determining if the criteria below are
met.
SECTIONS. Bremerton Municipal Code Section 20.14.330, entitled
"Development Standards - Wetlands" is hereby amended to:
20.14.330 DEVELOPMENT STANDARDS -WETLANDS.
(a) Activities may only be permitted in a wetland or wetland buffer if the 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. The following activities are regulated if they occur in a regulated
wetland or its buffer:
(1) The removal, excavation, grading, or dredging of soil, sand, gravel,
minerals, organic matter, or material of any kind.
(2) The dumping of, discharging of, or filling with any material.
(3) The draining, flooding, or disturbing of the water level or water table.
(4) Pile driving.
(5) The placing of obstructions.
(6) The construction, reconstruction, demolition, or expansion of any
structure.
(7) The destruction or alteration of wetland vegetation through clearing,
harvesting, shading, intentional burning, or planting of vegetation that would alter the character
of a regulated wetland.
CAO Amendments
(S) Class IV general forest practices under the authority of the "1992
Washington State Forest Practices Act Rules and Regulations," WAC 222-12-030, or as
thereafter amended.
(9) Activities that result in:
(i) A significant change of water temperature.
(ii) A significant change of physical or chemical characteristics of the
sources of water to the wetland.
(iii) A significant change in the quantity, timing, or duration of the
water entering the wetland.
(iv) The introduction of pollutants.
(c) Activities Allowed in Wetlands. The activities listed below are allowed in
wetlands. These activities do not require submission of a critical area report, except where such
activities result in a loss of the functions and values of a wetland or wetland buffer. Any ground
disturbing activity or placement of fill within wetlands or in -water may also require state or
federal approval and it is the applicant's responsibility to ensure that they obtain necessary
authorization before beginning work. These activities include:
(1) Conservation or preservation of soil, water, vegetation, fish, shellfish,
and/or other wildlife that does not entail changing the structure or functions of the existing
wetland.
(2) Drilling for utilities/utility corridors under a wetland, with entrance/exit
portals located completely outside of the wetland buffer; provided, that the drilling does not
interrupt the ground water connection to the wetland or percolation of surface water down
through the soil column. Specific studies by a hydrologist are necessary to determine whether the
ground water connection to the wetland or percolation of surface water down through the soil
column will be disturbed.
(3) Enhancement of a wetland through the removal of nonnative invasive
plant species. Removal of invasive plant species shall be restricted to hand removal unless
permits from the appropriate regulatory agencies have been obtained for approved biological or
chemical treatments.
(4) Educational and scientific research activities.
(d) Category I Wetlands. Activities and uses shall be prohibited from Category I.
(e) 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 nonwater-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 of the 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.
19
CAO Amendments
(iii) Full compensation for the acreage and loss functions will be
provided under the terms established under BMC 20.14.340(f) and (g).
(f) Category III and IV Wetlands. Isolated Category III and IV wetlands less than one
thousand (1,000) square feet that meet all of the following criteria shall be exempt from the
buffer provisions in subsection (h) of this section and the normal mitigation sequencing process
in BMC 20.14.340(a). Any direct impacts to these wetlands shall be fully mitigated.
(1) Is not associated with riparian areas or buffers;
(2) Is not part of a wetland mosaic; and
(3) Does not contain habitat identified by Washington State
Department of Fish and Wildlife as essential for local populations of priority species, as
identified under BMC 20.14.720.
(g) 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
under BMC 20.14.340(f) and (g).
(h) Wetland Buffers.
(1) Standard Buffer Widths. The stafi,7af buffer� widths o e the esteflee
Pvetland ftinetions and values at the. time of the pr-opesed aetivity. if the vegetation is inadequate,
hen the buffer width shall be inereased E)r- the buffer- should be planted tE) FRaifitaili the Stafidar-d
hridthrR standard wetland buffers, based on wetland category, are as outlined in the
following table (Table 20.14.330(h)(1).
Table 20.14.330(h)(1)bletland Buffer Table. (Standard wetland buffer widths when
minimization measures and wildlife corridors are not provided).
Wetland Category
Buffer Width (in feet) Based on Habitat Score
and Type
3- 5 Low
6-7 (Medium)
8-9 Hi h
I: Estuarine and
200
Coastal wetlands
1: All others
100
150
300
11: Estuarine
wetlands
150
1L• All
100
150
300
III: All
80
150
300
IV: All
50
(2) Reduced Buffer Widths. The standard wetland buffers may be reduced by
25 percent according to the values presented in Table 20.14.330(h)(2) when the impact
minimization measures in Table 20.14.330(h)(3) are implemented. For wetlands that score 6 or
more points for habitat function the following conditions must be maintained in order to use the
reduced buffers, as follows: in the table the wet nd i. uff- fs vary aeeefding to the wetland
and.,leff- habitat seefe (oft a range E)f three (3) to nine (9), with nine (9) fepresenting high habitat
�6fi
911
CAO Amendments
(i) If an existing relatively undisturbed vegetated corridor at least 100
feet wide exists between the on -site wetland and other Priority Habitats, as defined by the
Washington State Department of Fish and Wildlife, and the off -site portion of the corridor is
already protected via an existing conservation easement, critical areas regulations, or other legal
requirement the portion of the corridor on -site must also be protected by a similar legal
protection. All other applicable criteria found in subsection (4) must also be met. The evaluation
of presence or absence of the conditions described above must be completed as part of the
critical areas report.
(ii) If no such corridor is present to protect, the reduced buffers alone
may be used with the other applicable criteria contained in subsection (4). If an option for
protection of a corridor, as defined under (i) above, exists on the parcel, but is not provided,
standard buffer widths contained in Table 20.14.330(h)(1) are required.
(iii) The buffer widths in the table below (Table 20.14.330(h)(2))
assumes that the buffer is vegetated with a native plant community appropriate for the ecoregion.
If the existing buffer is unvegetated sparsely vegetated, or vegetated with invasive species that
do not perform needed functions the buffer should either be planted to create the appropriate
plant community or the buffer should be widened to ensure that adequate functions of the buffer
are provided.
Table 20.14.330(h)(2) Wetland Buffer Table. (Reduced wetland buffer widths when
minimization measures and corridor are provided)
Wetland Category
and Type
Buffer Width (in feet) Based on Habitat Score
3- 5 (Low)
6.7 (Medium)
8-9 (High)
I: Estuarine and
Coastal wetlands
150
1: All others
75
110
225
II: Estuarine
wetlands
110
lI: All
75
110
225
III: All
60
110
225
IV: All
40
(3) 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
aIterations 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.
(4) Required measures to minimize impacts to wetlands. Measures are
required to mitigate the impacts and disturbances associated with surrounding land use, where
applicable to a specific proposal in order to implement Table 20.14.330(h)(2). If required
measures outlined in Table 20.14.330(h)(3) are not implemented, the standard wetland buffers in
Table 20.14.330(h)(1) shall be required. .
21
CAO Amen�lrrrents
Table 20.14.330(h)(3) Required Measures to Minimize Impacts to Wetlands
Disturbance
Required Measures to Minimize Impacts
Lights
(1) Direct lights away from wetland as illustrated in a photometric plan.
Noise
(2) Locate activity that generates noise away from wetland.
(3) If warranted, enhance existing buffer with native vegetation plantings
adjacent to noise source.
(4) For activities that generate relatively continuous, potentially disruptive
noise, such as certain heavy industry or mining, establish an additional ten
(10) feet of heavily vegetated buffer strip immediately adjacent to the
outer wetland buffer.
Toxic runoff
(5) Route all new, untreated runoff away from wetland while ensuring
wetland is not dewatered.
(6) Establish covenants limiting use of pesticides within one hundred fifty
(150) feet of wetland.
(7) Apply integrated pest management.
Stormwater runoff
(8) Retrofit stormwater detention and treatment for roads and existing
adjacent development.
(9)Prevent channelized flow from lawns that directly enters the buffer.
(10)Use low intensity development (for more information refer to the
drainage ordinance and manual) best management practices where
appropriate.
Change in water
(11) Infiltrate or treat, detain, and disperse into buffer new runoff from
regime
impervious surfaces and new lawns.
Pets and human
(12)Use privacy fencing or plant dense vegetation to delineate buffer edge
disturbance
and to discourage disturbance using vegetation appropriate for the
ecoregion.
(13) Place wetland and its buffer in a separate tract or protect with a
conservation easement.
Dust
(14)Use best management practices to control dust.
Disruption of
(I5)Maintain connections to off -site areas that are undisturbed.
corridors or
connections
(16)Restore on -site corridors or connections to off -site habitats by
replanting.
(5) 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 (1) or more of the following criteria:
22
CAO Amendments
(i) A larger buffer is needed to protect other critical areas;
The buffer or adjacent uplands has a slope greater than fifteen (15)
percent 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 nonnative plants when: (1) nonnative
or invasive plant species provide the dominant cover, (2) vegetation is lacking due to disturbance
and wetland resources could be adversely affected, or (3) enhancement plantings in the buffer
could significantly improve buffer functions.
(6) 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
demonstrate that.
(i) No feasible site design exists without buffer averaging;
(ii) It will not reduce wetland functions or functional performance,$
(iv) 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 seventy-five (75)
percent of the standard width or thirty-five (35) feet.
(7) Buffer Consistency. All mitigation sites shall have buffers consistent with
the buffer requirements of this chapter.
(8) 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 nonnative weeds is required for the duration of the mitigation
bond.
(9) 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:
23
CAO Amendments
a. Walkways and trails; provided, that those pathways that are
generally parallel to the perimeter of the wetland may be located in the outer twenty-five (25)
percent of the buffer area and located to avoid removal of significant trees; 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 nontreated pilings may be acceptable; and
ii. They shall be limited to pedestrian use; and
iii. They shall not be allowed to fully enclose 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.
(iii) Stormwater Management Facilities. Stormwater management
facilities, limited to stormwater dispersion outfalls and bioswales, may be allowed within the
outer twenty-five (25) percent 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.
(i) 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 nontreated 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.
24
CAO Amendments
(i) The Director shall determine if fencing is necessary to protect the
functions and values of the 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 of the 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.
SECTION 6. Bremerton Municipal Code Section 20.14.340, entitled "Mitigation
Requirements - Wetlands" is hereby amended to:
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," 2006
(Publication Nos. 06-06-011a and 06-06-011b), 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:
(1) 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:
(1) Restoring wetlands on upland sites that were formerly wetlands.
(2) Creating wetlands on disturbed upland sites such as those with vegetative
,over consisting primarily of nonnative 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.
25
CAO Amendments
(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
each, subbasin, or drift cell. Mitigation actions shall be conducted within the same subdrainage
basin and on the site as the alteration except when all of the following apply:
(1) There are no reasonable on -site or in-subdrainage basin opportunities or
on -site and in-subdrainage 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
widths, hydrogeomorphic 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 subdrainage 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 or state -
approved in -lieu fee (ILF) site are used as mitigation and the use of credits is consistent with the
terms of the bank's certification or ILF approval.
(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 (1) 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. Creation of Category I wetlands, specifically
bogs and heritage sites, is not possible, per "Wetland Mitigation in Washington State: Part 1 —
Agency Policies and Guidance" (Version 1, Ecology Publication #06-O6-011a, March 2006, or
as amended). 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 or approved ILF site. When credits from a
gel
CAO Amendments
certified bank or approved ILF site are used, replacement ratios should be consistent with the
requirements of the bank's certification or site's approved instrument. The first number specifies
the acreage of replacement wetlands and the second specifies the acreage of wetlands altered.
Wetland Category
Wetland Mitigation Type and Replacement Ratio
Creation
Reestablishment
Rehabilitation
Enhancement
Only
Category I
6:1 *
6:1
12:1
Not allowed
Category II
3:1
3:1
601
12:1
Category III
2:1
2:1
4:1
8:1
Category IV
1.5:1
1.5:1
3:1
601
*Wetland creation is not allowed for Category I bogs and heritage sites
(2) Increased Replacement Ratio. The Director may increase the ratios under
the following circumstances:
(i) Uncertainty exists as to the probable success of the proposed
restoration or creation;
(ii) A significant period of time will elapse between impact and
replication of wetland functions;
(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 where feasible should 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) Ratios for rehabilitation and enhancement may be reduced when combined
with one to one (1: 1) replacement through creation or reestablishment. See Table la, Wetland
Mitigation in Washington State - Part 1: Agency Policies and Guidance - Version 1 (Ecology
Publication No. 06-06-01 la, Olympia, WA, March 2006 or as revised).
(h) Mitigation of Wetland Buffer Impacts. Compensation for wetland buffer impacts
shall occur at a minimum one to one (1: 1) ratio. Compensatory mitigation for buffer impacts
shall include enhancement of degraded buffers by planting native species and removing
structures and impervious surfaces within buffers.
(i) 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
27
CAO Amendments
(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 (1) adjacent drainage
basin for specific wetland functions.
(j) 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 of the compensation project. The compensation
project shall be monitored for a period necessary to establish that performance standards have
been met, but not for a period less than five (5) years. The Director shall have the authority to
modify or extend the monitoring period and require additional monitoring reports for up to ten
(10) years when any of the following conditions apply:
(1) The project does not meet the performance standards identified in the
mitigation plan;
(2) The project does not provide adequate replacement for the functions and
values of the impacted critical area;
(3) The project involves establishment of forested plant communities, which
require longer time for establishment.
SECTION 7. Bremerton Municipal Code Section 20.14.530, entitled
"Development Standards" is hereby amended to:
20.14.530 DEVELOPMENT STANDARDS.
(a) All development proposals shall comply with Chapter 17.60 BMC 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.
(b) 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.
(c) Unless exempted in subsection (d) of this section, when development occurs
within the floodplain, a habitat assessment is required, that is prepared in accordance with
Regional Guidance for Floodplain Habitat Assessment and Mitigation (FEMA Region X, 2010),
or as hereafter amended. The assessment shall determine if the project would adversely affect:
(1) The primary constituent elements identified when a species is listed as
threatened or endangered;
(2) Essential fish habitat designated by the National Marine Fisheries Service;
(3) Fish and wildlife habitat conservation areas;
(4) Vegetation communities and habitat structures;
(5) Water quality;
CAO Amendments
(6) Water quantity, including flood and low flow depths, volumes and
velocities;
(7) The channel's natural planform pattern and migration processes;
(8) Spawning substrate, if applicable; and/or
(9) Floodplain refugia, if applicable.
(d) The following activities do not require completion of a floodplain habitat
assessment:
(1) Repair of existing building in its existing footprint, including damages by
fire or other casualties;
(2) Removal of noxious weeds;
(3) Replacement of nonnative vegetation with native vegetation;
(4) Ongoing activities such as lawn and garden maintenance;
(5) Removal of danger trees;
(6) Normal maintenance of public utilities and facilities;
(7) Restoration or enhancement of floodplains, riparian areas and streams that
meets federal and state standards.
SECTION 8. Bremerton Municipal Code Section 20.14.730, entitled
"Development Standards" is hereby amended to:
20.14.730 DEVELOPMENT STANDARDS.
For the purposes of this 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 (IIMP) 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).
(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 an HMP prepared by a qualified professional and approved by the City.
Approval for alteration of land 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.
(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:
29
CAO Amendments
(i) Activities shall be timed to occur only during the allowable work
window as designated by the Washington Department of Fish 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
(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 nonwetlands habitat and wetlands are present at the
same location, the provisions of this 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 this section. 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 an HMP, reasonable use exceptions, general exemptions,
standards for existing (nonconforming) development, and variances in general exemptions, BMC
20.14.145.
20.14.730 Table 1: Water Type Buffer Standards
Water Types
Attributes
Minimum Building
Setback
Buffer Width Standard
S
See Shoreline Master Program for buffer and minimum building setback
Saltwater and
Freshwater
F
Fish habitat waters
15 feet beyond buffer
150 feet
Np
Year-round, nonfish
habitat
15 feet beyond buffer
50 feet
30
CAO Amendments
20.14.730 Table 1: Water Type Buffer Standards
Water Types
Attributes
Minimum Building
Buffer Width Standard
Setback
Ns
Seasonal, nonfish
15 feet beyond buffer
35 feet
habitat
(1) Buffers. Where existing buffer area vegetation along Type F, Np, and Ns
waters provide minimal vegetative cover and cannot provide the City's water quality standards
or habitat functions (per the requirements of the Department of Ecology and Fish and Wildlife),
buffer enhancement shall be required when buffers are directly impacted or reduced.
Enhancement should be conducted at a minimum 1.5:1 ratio to mitigate direct impacts or buffer
reduction. On a case -by -case basis, the Director may consider a smaller enhancement ratio, no
less than 1:1, where the applicant provides a greater density of on -center plant spacing than
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. Separate tree spacing requirements for buffer area vegetation triggered by development
within shoreline jurisdiction (via a Vegetation Management Plan) can be found under SMP
section 7.020(a)(5). Monitoring and maintenance of plants shall be required in accordance with
BMC 20.14.760, Monitoring and Contingency Plan. Existing buffer vegetation is considered
"inadequate" and will require enhancement through additional native vegetation and removal of
nonnative plants when:
(i) Nonnative 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
(Ili) Enhancement vegetation 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 forth 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 Table 1 of this section. Buffers shall be
measured from the ordinary high water mark (OHM) or from the top of the bank where the OHM
cannot be identified. The buffer width shall be increased to include streamside wetlands which
provide overflow storage for stormwaters, 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. For buffering averaging for areas within the areas of
shoreline jurisdiction, please refer to Shoreline Master Program Section 7.010(c)(5). For all other
areas, 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,
31
CAO Amendments
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 of the 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;
(vi) The buffer width may be reduced by thirty-five (35) percent 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,
but shall not be reduced by more than thirty-five (35) percent. Enhancement techniques can
include, but are not limited to:
(i) Planting of native trees or shrubs, increasing the diversity of plant
,over types, replacing exotic species with native species, or reestablishing fish areas adjacent to a
marine shoreline or stream where one (1) 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
A 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) Daylighting a stream that was previously culverted or piped, or
daylighting 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 (25) percent of the buffer; provided, that:
(i) No other location is feasible; and
32
CAO Amendments
(ii) The buffer is over one hundred (100) feet in width; and
(iii) 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 buffer is over one hundred (100) feet in width; and
(iii) 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. For Type F, Type Np, and Type Ns
waters only, 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 may be negatively affected by
proposed new development. If, according to the buffer enhancement plan, additional buffer
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 two hundred (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 two hundred (200) feet, or the applicable distance identified by Washington
Department of Fish and Wildlife management recommendations, whichever is greater, 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. The requirement for an HMP shall be determined during the SEPA/critical areas
review on the project.
(2) All new development within two hundred (200) feet of habitat elements
with which Class I fish and wildlife have a critical habitat, or the applicable distance identified
by Washington Department of Fish and Wildlife management recommendations, whichever is
greater, may require the submittal of an HMP as specified in BMC 20.14.750. The requirement
for an HMP shall be determined during the SEPA/critical areas review on the project.
20.14.730 Table 2: Wildlife Habitat
Conservation Areas
Class I All developments
within 200 ft. or
applicable distance
by WDFW
management
recommendations of
a designated Class I
33
CAO Amendments
20.14.730 Table 2: Wildlife Habitat
Conservation Areas
wildlife habitat
conservation area
shall have buffer
widths determined by
a mandatory habitat
management plan.
Class II All development
within a Class II
wildlife habitat
conservation area
shall have the buffer
widths be determined
by the SEPA/critical
area review on the
project and may
require a habitat
management plan.
(f) Class II Fish and Wildlife Conservation Area. All new development within Class
II fish and wildlife conservation areas may require the submittal of an HMP. An HMP shall
consider measures to retain and protect the wildlife habitat and shall consider effects of land use
intensity, buffers, setbacks, impervious surfaces, erosion control and retention of native
vegetation. The requirement for an HMP shall be determined during the SEPA/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
of Fish 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;
(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
34
CAO Amendments
(0) 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 of Fish and Wildlife
"Fish Passage Design at Road Culverts" design 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 of Fish and
Wildlife hydraulic project approval:
(1) The channel, bank and buffer areas should be replanted with native
vegetation in undisturbed riparian condition;
(2) 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;
and
(3) 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
EPA and approved under a DOE water quality modification permit for use in fish and wildlife
habitat conservation area environments. Where approved, herbicides must be applied by a
licensed applicator in accordance with the safe application practices on the label.
0) Land Divisions and Land User Permits. All proposed divisions of land 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 of lakes, 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 nonconforming lots, each new lot shall
contain at least one (1) 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.
(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:
35
CAO Amendments
(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
A the affected conservation area;
(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 (5) 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; and
(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 and that the applicant
obtains all other required state and federal approvals for any work in -water or in wetlands:
(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 an
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 requirements 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 of fish and wildlife habitat conservation areas and their buffers by the following:
(i) New utility facilities, improvements, or upgrades to existing utility
facilities should take place within existing improved rights -of -way or existing impervious
surfaces so that they do not increase the amount of impervious surfaces within the habitat area;
36
CAO Amendments
(ii) New utility corridors shall be aligned when possible to avoid
cutting or root damage to trees greater than twelve (12) inches in diameter at breast height (four
and one-half (44/2) feet) measured on the uphill side;
(iii) New utility corridors shall be revegetated with appropriate native
or equivalent vegetation at not less than preconstruction 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 fifteen (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 to
protect the environment of regulated fish and wildlife habitat conservation areas:
(i) Utility towers should be painted with brush, pad or roller and
should not be sandblasted or spray -painted, nor should lead -based 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 Stabilization. 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 nonstructural 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 set
back 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 of Fish 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 in the Washington Department of Fish
and Wildlife's "Integrated Streambank Protection Guidelines Manual" for determining when,
why, where, and what projects need 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 signs,
alternative methods of buffer identification may be approved when such methods are determined
by the Department to provide adequate protection to the buffer.
37
CAO Amendments
(o) Road/Street Repair and Construction. Any private or public road or street
expansion or construction which is allowed in a fish and wildlife habitat conservation area or its
buffer shall comply with the following minimum development standards:
(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 of Fish 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 as identified by BMC
20.14.330(e).
SECTION 9. Bremerton Municipal Code Section 20.14.740, entitled "Special
Reports" is hereby amended to.
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 an HMP 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 an HMP as a means to protect habitat buffers associated with streams
and/or fish and wildlife conservation areas. Approval for an 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. An 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 an HMP, they shall be at least the minimum size necessary to accomplish the
CAO Amendments
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. In a case -by -case
basis, the Director may approve a departure from the prescribed habitat buffers if two state or
federal resource agencies or tribes supports a departure from these critical area regulations that
can demonstrate equal or greater protection of the 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 of the plan shall use the best available science in all facets of the
analyses.
(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 of the proposed development site;
(ii) Property boundaries;
(iii) The relationship of the site to surrounding topographic, water, 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 of local 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.
39
CAO Amendments
M 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:
(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 of Fish 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, including a field determination of the ordinary high water mark or any surface waters
and supporting documentation.
(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 five (5) years.
(h) HMP Adequacy. The HMP shall demonstrate to the satisfaction of the City that
the habitat functions and values are improved by implementation of the 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) Single-family minor development exemption. At direction of the director, single
family re -developments amounting to one instance of less than 500 square feet in expansion,
may be exempt from requirement listed above, so long as an equal amount of native planting
areas waterward of the structure are established, consistent with the requirements of
20.14.730(d)(1).
0) Timing. An 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.
SECTIONI0. Bremerton Municipal Code Section 20.14.750, entitled "Mitigation
Standards and Criteria" is hereby amended to:
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 SEPA documents, so as to result in
no net loss of critical area functions and values.
FINA
CAO Amendments
(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 an 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
aIteration to a critical area is proposed, such alteration shall be avoided, minimized, or
compensated for in the following sequential 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, 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 of the compensation proposed and
including:
(i) A description of the anticipated impacts to the critical areas and 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 of this title have been met.
(3) Detailed Construction Plans. The mitigation plan shall include written
specifications and descriptions of the mitigation proposed, such as:
41
CAO Amendments
V) 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.
(4) Monitoring Program. The mitigation plan shall include a program for
monitoring construction of the 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 one (1), three (3), and
five (5) 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 of the compensation project.
The compensation project shall be monitored for a period necessary to establish that performance
standards have been met, but not for a period 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 (1) or more applicants, or an organization with demonstrated capability, may
undertake a mitigation project together if it is demonstrated that all of the following
circumstances exist:
(1) 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;
(Ili) 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.
SECTION 11. Bremerton Municipal Code Section 20.14.760, entitled
"Monitoring and Contingency Plan" is hereby amended to:
42
CAO Amendments
20.14.760 MONITORING AND CONTINGENCY PLAN.
(a) A monitoring program shall be included as a part of the approved mitigation plan
fora 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. The Director may waive either a performance and/or maintenance bond for single-family
residential projects on a case -by case basis.
An acceptable surety device is required to ensure the applicant's compliance with the
terms of the mitigation agreement.
(1) 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 performance surety shall equal one hundred fifty (150) percent of the cost of
the mitigation project, and the required improvements shall be installed in a satisfactory manner
within six (6) months or less.(2) Maintenance Surety. A maintenance surety shall be
required on all mitigation projects to ensure that the improvement successfully survives the
monitoring periods set above.
(1) Mitigation Projects. The amount of the maintenance surety shall be
equal to fifteen (15) percent of the cost of the mitigation project and the term of the surety shall
reflect the term of the monitoring program.
(ii) Buffer Enhancement Projects. The amount of the maintenance
surety shall be equal to fifteen (15) percent of the costs of the enhancement project and the term
of the surety shall reflect the term of the monitoring program.
(3) Monitoring Deposit. A cash deposit shall be submitted with all sureties
prior to final acceptance of the project to cover the estimated City costs to review the yearly
monitoring reports and conduct a site inspection to ensure the performance standards are being
net.
(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.
SECTIO7VI2. CosArections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance, including but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 13. Severability. If any one or more sections, subsections, or sentence
of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Resolution and the same shall remain in full force and
effect; and
43
CAO Amendments
SECTION 14. 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 C;L day of 4a Y 1 2021
Joe
KEV N, Council President
Approved this ZBT� day o9V , Z ST=� , 2021
ATTEST:
Mayor
APPROVED AS TO FORM:
ANGEL�P-IOOVER, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the ay' day of r ►� , 2021
EFFECTIVE the yr day of M 0. A, 2021
ORDINANCE NO. SL ( Q
44
CAO Aniendnients
Kitsap sun
PART OF THE USA TODAY NETWORK
PROOF OF PUBLICATION
PO Box 52173, Phoenix, AZ. 85072-2173
CITY OF BREMERTON,
WASH I NGTON
City Of Bremerton
ORDINANCE NO. 5417
345 6 Th Street Suite 100
AN ORDINANCE of the City
Bremerton WA98337
Council of the City of
Bremerton, Washington
amending the Shoreline
STATE OF WISCONSIN, COUNTY OF BROWN.
Master Program Illrough the
required periodic update
I, being first duly sworn on oath, deposes and says: That I am now,
and at all times embraced in the publication herein mentioned was
ORDINANCE NO. 5418
the principal clerk of the printers and publishers of KITSAP SUN;
AN ORDINANCE of the City
that said newspaper has been approved as a legal newspaper by
Council of the City of
the order of the Superior Court of the County of Kitsap, in which
Bremerton, Washington
County it is published and is now and has been for more than 6
amending Chapter 20.14 of
months prior to the date of the publication hereinafter referred to,
the Bremerton Municipal
published in the English language continually as a daily newspaper
Code, entitled Critical Areas,
in Bremerton, Kitsap County, Washington, a weekly newspaper in
relating to the Shoreline
Kitsap County, Washington and is now and during all of the said
time, was printed in an office maintained in the aforesaid place of
Master Program
publication of said newspaper; that the following is a true text of an
advertisement as it was published in regular issues (and not in
ORDINANCE NO. 5419
supplement form) of said newspaper on the following date(s), to
AN ORDINANCE of the City
wit: And on
Council of the City of
Bremerton, Washington,
04/24/2021
amending Section 3.50.050 of
the Bremerton MunicipalCode
such newspaper was regularly distributed to its subscribers during
entitled "Persons
all of said period.
Subscribed and sworn to before on 04124/20 1
„
Subiect to Tax -Amount.
�
PASSED by the City Council
on the 21st day of April 2021.
Lcg<2
The full text of this ordi-
Notar .st tcof ountyofBrown
nance is available from the
S'
City Clerk's Office, 345 Sixth
Street, Suite 100, Bremerton,
My commision expires
WA 98337.
Publication Cost: $17.82
Apr 24, 2021. 5786374
Order No: 5786374 # of Copies:
Customer No: 288797 _1
PO #: Ord NOS 5417-5419
'PHIS IS NOT AN INVOICE!
Please do not use this Dorm Jor parment reniWance
SHE HORA
Notary Public
State of Wisczonsin
Page 1 of 1