HomeMy WebLinkAbout2655ORDINANCE NO. 2655
AN ORDINANCE of the City of Port Angeles
establishing interim criteria for and regu-
lation of wetlands in the City of Port Angeles
and creating a new Chapter 15.24 of the Port
Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN
as follows.
Section 1. There is hereby created a new Chapter 15.24
of the Port Angeles Municipal Code to read as follows:
Chapter 15.24
WETLANDS PROTECTION
Sections:
15.24.010 Findings of Fact and Purpose.
15.24.020 Definitions.
15.24.030 General Provisions.
15.24.040 Lands to Which this Chapter Applies.
15.24.050 Regulated Activities and Allowed Activities.
15.24.060 Procedures for Wetland Permits.
15.24.070 Standards for Permit Decisions.
15.24.080 Temporary Emergency Permit - Enforcement.
15.24.090 Non - Conforming Activities.
15.24.100 Judicial Review
15.24.110 Amendments.
15.24.120 Severability.
15.24.130 Assessment Relief.
15.24.010 - Findings of Fact and Purpose.
A. Findings of Fact. The City Council of the City of Port
Angeles hereby finds that:
1. Wetlands and their buffer areas are valuable and
fragile natural resources with significant development constraints
due to flooding, erosion, soil liquefaction potential, and septic
disposal limitations.
2. In their natural state, wetlands provide many
valuable social and ecological services, including:
a. controlling flooding and stormwater runoff by
storing or regulating natural flows;
b. protecting water resources by filtering out
water pollutants, processing biological and chemical oxygen
demand, recycling and storing nutrients, and serving as settling
basins for naturally occurring sedimentation;
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c. providing areas for groundwater recharge;
d. preventing shoreline erosion by stabilizing
the substrate;
e. providing habitat areas for many species of
fish, wildlife, and vegetation, many of which are dependent on
wetlands for their survival, and many of which are on Washington
State and Federal Endangered Species lists;
f. providing open space and visual relief from
intense development in urbanized areas;
g. providing recreation opportunities; and
g.
serving as areas for scientific study and
natural resource education.
3. Development in wetlands results in:
a. increased soil erosion and sedimentation of
downstream water bodies, including navigable channels;
b. increased shoreline erosion;
c. degraded water quality due to increased
turbidity and loss of pollutant removal processes;
d. elimination or degradation of wildlife and
fisheries habitat;
e. loss of fishery resources from water quality
degradation, increased peak flow rates, decreased summer low
flows, and changes in the streamflow regimen;
f. loss of stormwater retention capacity and
slow - release detention resulting in flooding, degraded water
quality, and changes in the streamflow regimen of watersheds;
g. loss of groundwater recharge areas.
4. Buffer areas surrounding wetlands are essential to
maintenance and protection of wetland functions and values.
Buffer areas protect wetlands from degradation by:
a. stabilizing soil and preventing erosion;
b. filtering suspended solids, nutrients, and
harmful or toxic substances;
c. moderating impacts of stormwater runoff;
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d. moderating system microclimate;
e. protecting wetland wildlife habitat from
adverse impacts;
f. maintaining and enhancing habitat diversity
and /or integrity;
g.
supporting and protecting wetlands plant and
animal species and biotic communities; and
h. reducing disturbances to wetland resources
caused by intrusion of humans and domestic animals.
5. The loss
of the social and ecological services
provided by wetlands results in a detriment to public safety and
welfare; replacement of such services, if
require considerable public expenditure.
6. A considerable acreage of these important natural
resources has been lost or degraded by draining, dredging,
filling, excavating, building, polluting, and other acts
inconsistent with the natural uses of such areas. Remaining
wetlands are in jeopardy of being lost, despoiled, or impaired by
such acts.
possible at all, can
7. It is therefore necessary for the City of Port
Angeles to ensure maximum protection for wetland areas by
discouraging development activities in wetlands and those
activities at adjacent sites that may adversely affect wetland
functions and values; to encourage restoration and enhancement of
already degraded wetland systems; and to encourage creation of new
wetland areas.
B. Purpose. It is the policy of the City of Port Angeles
to require site planning to avoid or minimize damage to wetlands
wherever possible; to require that activities not dependent upon
a wetland location be located at upland sites; and to achieve no
net loss of wetlands by requiring restoration or enhancement of
degraded wetlands or creation of new wetlands to offset losses
which are unavoidable.
In addition, it is the intent of the City of Port
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Angeles that activities in or affecting wetlands not threaten
public safety, cause nuisances, or destroy or degrade natural
wetland functions and values by:
1. impeding flood flows, reducing flood storage
capacity, or impairing natural flood control functions, thereby
resulting in increased flood heights, frequencies, or velocities
on other lands;
2. increasing water pollution through location of
domestic waste disposal systems in wetlands; unauthorized
application of pesticides and herbicides; disposal of solid waste
at inappropriate sites; creation of unstable fills, or the
destruction of wetland soils and vegetation;
3. increasing erosion;
4. decreasing breeding, nesting, and feeding areas for
many species of waterfowl and shorebirds, including those rare and
endangered;
5. interfering with the exchange of nutrients needed
by fish and other forms of wildlife;
6. decreasing habitat for fish and other forms of
wildlife;
7. adversely altering the recharge or discharge
functions of wetlands, thereby impacting groundwater or surface
water supplies;
8. significantly altering wetland hydrology and
thereby causing either short- or long -term changes in vegetational
composition, soils characteristics, nutrient cycling, or water
chemistry;
9. destroying sites needed for education and
scientific research, such as outdoor biophysical laboratories,
living classrooms, and training areas;
10. interfering with public rights in navigable waters
and the recreation opportunities provided by wetlands for fishing,
boating, hiking, birdwatching, photography, and other passive
uses; or
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11. destroying or damaging aesthetic and property
values, including significant public viewsheds.
The purposes of this Chapter are to protect the public
health, safety, and welfare by preventing the adverse environ-
mental impacts of development enumerated in Section 15.24.010, and
by:
1. preserving, protecting, and restoring wetlands by
regulating development within them and their buffers;
2. protecting the public against losses from:
a. unnecessary maintenance and replacement of
public facilities, including the dredging of ports and navigation
channels;
b. publicly funded mitigation of avoidable
impacts;
c. cost for public emergency rescue and relief
operations; and
d. potential litigation from improper
construction practices authorized for wetland areas;
3. alerting appraisers, assessors, owners, and
potential buyers or lessees to the development limitations of
wetlands;
4. providing City of Port Angeles officials with
information to evaluate, approve, condition, or deny public or
private development proposals;
5. adopting the Governor's interim goal of achieving
no overall net loss in acreage and functions of Washington's
remaining wetland base and the long -term goal of increasing the
quantity and quality of Washington's wetland resource base;
6. implementing the goals and policies of the City of
Port Angeles Comprehensive Plan encouraging development compatible
with the environment of the City, encouraging development to
provide open space, encouraging development to preserve and
incorporate existing "unusual, unique and interesting natural
features ", reducing development intensity as natural environmental
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constraints increase, and avoiding intensive development of sites
with severe environmental constraints;
7. implementing the policies of the Growth Management
Act; the State Environmental Policy Act, Chapter 43.21C RCW; the
Puget Sound Water Quality Management Plan; Washington State
Executive Order 90 -04; Port Angeles Environmental Policy
Ordinance, Chapter 15.04 of the Port Angeles Municipal Code; Port
Angeles Shoreline Management Ordinance, Chapter 15.08 of the Port
Angeles Municipal Code; Port Angeles Flood Damage Prevention
Ordinance, Chapter 15.12 of the Port Angeles Municipal Code; the
Port Angeles Zoning Code; the Port Angeles Stormwater Management
Plan; and all other present and future City of Port Angeles
functional, environmental, and community plans, programs and
ordinances.
15.24.020 - Definitions. For the purposes of this
Chapter, the following definitions shall apply:
A. "Applicant" means a person who files an application for
permit under this Chapter and who is either the owner of the land
on which that proposed activity would be located, a contract
vendee, a lessee of the land, the person who would actually
control and direct the proposed activity, or the authorized agent
of such a person.
B. "Best management practices" means conservation practices
or systems of practices and management measures that:
1. Control soil loss and reduce water quality
degradation caused by nutrients, animal waste, toxics, and
sediment; and
2. Minimize adverse impacts to surface water and
groundwater flow, circulation patterns, and to the chemical,
physical, and biological characteristics of wetlands.
C. "Compensation project" means actions necessary to
replace project- induced wetland and wetland buffer losses,
including land acquisition, planning, construction plans,
monitoring, and contingency actions.
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D. "Compensatory mitigation" means replacing project -
induced wetland losses or impacts, and includes, but is not
limited to, the following:
1. "Restoration" - Actions performed to re- establish
wetland functional characteristics and processes which have been
lost by alterations, activities, or catastrophic events within an
area which no longer meets the definition of a wetland.
2. "Creation" - Actions performed to intentionally
establish a wetland at a site where it did not formerly exist.
3. "Enhancement" - Actions performed to improve the
condition of existing degraded wetlands so that the functions they
provide are of a higher quality.
E. "Critical habitat" means habitat necessary for the
survival of endangered, threatened, rare, sensitive, or monitor
species.
F. "Developable Area" means an area of land outside of
wetlands and wetland buffers.
G. "Department" means the Washington State Department of
Ecology.
H. "Emergent wetland" means a regulated wetland with at
least 30 percent of the surface area covered by erect, rooted,
herbaceous vegetation as the uppermost vegetative strata.
I. "Exotic" means any species of plants or animals that are
foreign to the planning area.
J. "Existing and ongoing agriculture" includes those
activities conducted on lands defined in RCW 84.34.030(2), and
those activities involved in the production of crops or livestock.
For example, the operation and maintenance of farm and stock ponds
or drainage ditches; operation and maintenance of ditches;
irrigation systems including irrigation laterals, canals, or
irrigation drainage ditches; changes between agricultural
activities; and normal maintenance, repair, or operation of
existing serviceable structures, facilities, or improved areas.
Activities which bring an area into agricultural use are not part
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of an ongoing operation. An operation ceases to be ongoing when
the area on which it is conducted is converted to a nonagricul-
tural use or has lain idle for more than five years, unless the
idle land is registered in a federal or state soils conservation
program, or unless the activity is maintenance of irrigation
ditches, laterals, canals, or drainage ditches related to an
existing and ongoing agricultural activity. Forest practices are
not included in this definition.
K. "Extraordinary hardship" means strict application of
this Chapter and /or programs adopted to implement this Chapter by
the City of Port Angeles would prevent all reasonable economic use
of the parcel.
L. "Forested wetland" means a regulated wetland with at
least 20 percent of the surface area covered by woody vegetation
greater than 20 feet in height.
M. "Functions ", "beneficial functions ", or "functions and
values" means the beneficial roles served by wetlands, 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; historical and archaeological
and aesthetic value protection; and recreation. These beneficial
roles are not listed in order or priority.
N. "High intensity land use" includes land uses which are
associated with moderate or high levels of human disturbance or
substantial wetland habitat impacts including, but not limited to,
medium and high density residential, multifamily residential,
active recreation, and commercial and industrial land uses.
0. "High quality wetlands" are those regulated wetlands
which meet the following criteria:
1. No, or isolated, human alteration of the wetland
topography;
2. No human - caused alteration of the hydrology or else
the wetland appears to have recovered from the alteration;
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3. Low cover and frequency of exotic plant species;
4. Relatively little human- related disturbance of the
native vegetation, or recovery from past disturbance;
5. If the wetland system is degraded, it still
contains a viable and high quality example of a native wetland
community; and
6. No known major water quality problems.
P. "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
"Federal Manual for Identifying and Delineating Jurisdictional
Wetlands ". For the purposes of identifying wetland critical
areas, hydric soils that qualify as "prime agricultural soils"
only through artificial means that will impair the existence of
natural wetlands (specifically soils that are prime agricultural
land only when drained), are considered potential wetlands
indicators for the purposes of this Chapter, and are not to be
considered agricultural resource lands.
Q. "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 "Federal Manual for Identifying and
Delineating Jurisdictional Wetlands ".
R. "In -kind compensation" means to replace wetlands with
substitute wetlands whose characteristics closely approximate
those destroyed or degraded by a regulated activity. It does not
mean replacement "in- category ".
S. "Isolated wetlands" means those regulated wetlands
which:
1. are outside of and not contiguous to any 100 -year
floodplain of a lake, river, or stream; and
2. have no contiguous hydric soil or hydrophytic
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vegetation between the wetland and any surface water.
T. "Low- intensity land use" includes land uses which are
associated with low levels of human disturbance or low wetland
habitat impacts, including, but not limited to, passive
recreation, open space, or agricultural or forest management land
uses.
U.
"Mitigation"
includes avoiding, minimizing,
compensating for adverse wetland impacts. Mitigation, in
following order of preference, is:
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 during the life of the
action;
or
the
5. Compensating for the impact by replacing,
enhancing, or providing substitute resources or environments;
6. Monitoring the impact and the compensation project
and taking appropriate corrective measures. Mitigation for
individual actions may include a combination of the above
measures.
V. "Native Vegetation" means plant species which are
indigenous to the area in question.
W. "Off -site compensation" means to replace wetlands away
from the site on which a wetland has been impacted by a regulated
activity.
X. "On -site compensation" means to replace wetlands at or
adjacent to the site on which a wetland has been impacted by a
regulated activity.
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Y. "Out -of -kind compensation" means to replace wetlands
with substitute wetlands whose characteristics do not closely
approximate those destroyed or degraded by a regulated activity.
It does not refer to replacement "out -of- category ".
Z. "Practicable 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 having less impacts to regulated
wetlands. It may include an area not owned by the applicant which
could reasonably have been or be obtained, utilized, expanded, or
managed in order to fulfill the basic purposes of the proposed
activity.
AA. "Puget Sound" means all salt waters of the State of
Washington inside the international boundary line between the
State of Washington and the Province of British Columbia, lying
east of one hundred twenty -three degrees, twenty -four minutes west
longitude.
BB. "Regulated activities" means any of the following
activities which are directly undertaken or originate 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;
material;
2. The dumping, discharging, or filling with any
3. The draining, flooding, or disturbing of the water
level or water table;
4. The driving of pilings;
5. The placing of obstructions;
6. The construction, reconstruction, demolition, or
expansion of any structure;
7. The destruction or alteration of wetlands
vegetation through clearing, harvesting, shading, intentional
burning, or planting of vegetation that would alter the character
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of a regulated wetland; provided that these activities are not
part of a forest practice governed under Chapter 76.09 RCW and its
rules; or
8. Activities that result in a significant change of
water temperature, a significant change of physical or chemical
characteristics of wetlands water sources, including quantity, or
the introduction of pollutants.
CC. "Regulated wetlands" means ponds twenty acres or less,
including their submerged aquatic beds, and those lands defined as
wetlands under the Federal Clean Water Act, 33 USC Sec. 1251 et
seq., and rules promulgated pursuant thereto and shall be those
areas that are inundated or saturated by surface or ground water
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
Regulated wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlands created as mitigation and wetlands
modified for approved land use activities shall be considered as
regulated wetlands. Category I, II, III and IV wetlands are
defined in Section 15.24.040D, Wetlands Rating System. All
Category I wetlands shall be considered regulated wetlands.
Regulated wetlands do not include Category II and III wetlands
less than 2,500 square feet and Category IV wetlands less than
10,000 square feet. Regulated 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. The
applicant shall bear the burden of proving that the site was not
previously a wetland. For identifying and delineating a regulated
wetland, local government shall consider the latest version of the
"Federal Manual for Identifying and Delineating Jurisdictional
Wetlands ".
DD. "Repair or maintenance" means an activity that restores
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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 additional regulated wetlands are not
included in this definition.
EE. "Scrub -shrub wetland" means a regulated wetland with at
least 30 percent of its surface area covered by woody vegetation
less than 20 feet in height as the uppermost stratum.
FF. "Serviceable" means presently usable.
GG. "Unavoidable and necessary impacts" are impacts to
regulated wetlands that remain after a person proposing to alter
regulated wetlands has demonstrated that no practicable
alternative exists for the proposed project.
HH. "Water- dependent" means requiring the use of surface
water that would be essential to fulfill the purpose of the
proposed project.
II. "Wetlands ", for the purposes of inventory, incentives,
and nonregulatory programs, means those lands transitional between
terrestrial and aquatic systems where the water table is usually
at or near the surface or the land is covered by shallow water.
For the purposes of this definition, wetlands must have one or
more of the following attributes:
1. At least periodically, the land supports
predominantly hydrophytes;
2. The substrate is predominantly undrained hydric
soil; and
3. The substrate is nonsoil and is saturated with
water or covered by shallow water at some time during the growing
season of each year.
JJ. "Wetland buffers" or "wetland buffer zones" is an area
that surrounds and protects a wetland from adverse impacts to the
functions and values of a regulated wetland.
KK. "Wetland classes ", "classes of wetlands ", or "wetland
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types" means descriptive classes of the wetlands taxonomic
classification system of the United States Fish and Wildlife
Service (Cowardin, et al, 1978).
LL. "Wetlands permit" means any permit issued, conditioned,
or denied specifically to implement this Chapter.
MM. "Wetland edge" means the boundary of a wetland as
delineated based on the definitions contained in this Chapter.
15.24.030 - General Provisions.
A. Abrogation and Greater Restrictions. It is not intended
that this Chapter repeal, abrogate, or impair any existing
regulations, easements, covenants, or deed restrictions. However,
where this Chapter imposes greater restrictions, the provisions of
this Chapter shall prevail.
B. Interpretation. The provisions of this Chapter shall be
held to be minimum requirements in their interpretation and
application and shall be liberally construed to serve the purposes
of this Chapter.
15.24.040 - Lands to Which this Chapter Applies.
A. Applicability.
1. When any provision of any other Chapter of the Port
Angeles Municipal Code conflicts with this Chapter, that which
provides more protection to wetlands and wetland buffers shall
apply unless specifically provided otherwise in this Chapter.
2. The Planning Director is authorized to adopt
written procedures for the purpose of carrying out the provisions
of this Chapter. Prior to fulfilling the requirements of this
Chapter, the City of Port Angeles shall not grant any approval or
permission to conduct a regulated activity in a wetland or wetland
buffer, including but not limited to the following: building
permit, commercial or residential; binding site plan; conditional
use permit; franchise right -of -way construction permit; grading
and clearing permit; master plan development; planned unit
development; right -of -way permit; shoreline substantial
development permit; shoreline variance; shoreline conditional use
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permit; shoreline environmental redesignation; unclassified use
permit; variance; zone reclassification; subdivision; short
subdivision; special use permit; utility and other use permit; or
any subsequently adopted permit or required approval not expressly
exempted by this Chapter.
B. Maps and Inventory. This Chapter shall apply to all
lots or parcels on which wetlands and /or wetland buffers are
located within the jurisdiction of the City of Port Angeles. The
approximate location and extent of wetlands in the City of Port
Angeles is displayed on the following maps:
1. Wetlands identified on U. S. Fish and Wildlife
Service National Wetlands Inventory Angeles Point, Ediz Hook,
Elwha, Morse Creek, and Port Angeles maps.
2. Hydric soils and "wet spots" identified by the USDA
Soils Conservation Service Soil Survey of Clallam County Area maps
numbers 22, 31, 32, 33.
3. City of Port Angeles Composite Wetland Inventory
and Hydric Soils map, as may be modified from time to time.
These map resources are to be used as a guide to the
general location and extent of wetlands. Wetlands not shown on
these maps but meeting the criteria set forth in this Chapter are
presumed to exist in the City of Port Angeles and are protected
under all the provisions of this Chapter. In the event that any
of the wetland designations shown on the maps conflict with the
criteria set forth in this Chapter, the criteria shall control.
C. Determination of Regulatory Wetland Boundary. 'Ihe exct
location of the wetland boundary shall be determined through the
performance of a field investigation applying the wetland
definition provided in Section 15.24.020 of this Chapter.
Qualified professional and technical scientists shall perform
wetland delineations using the latest version of the "Federal
Manual for Identifying and Delineating Jurisdictional Wetlands ".
An applicant for a wetland permit is required under Subsection
15.24.060C3 to show the location of the wetland boundary on a
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scaled drawing as a part of the permit application.
The Planning Director shall decide whether the
scientists who perform the delineation of boundary requirement are
retained by the applicant or by the City with the applicant paying
the City for the costs in accordance with the provisions of
Section 15.24.060C4 of this Chapter.
Where the delineation is performed under the Planning
Director's direction, such delineation shall be considered a final
determination.
Where the applicant has provided a delineation of the
wetland boundary, the Planning Director shall verify the accuracy
of, and may render adjustments to, the boundary delineation. In
the event the adjusted boundary delineation is contested by the
applicant, the Planning Director shall, at the applicant's
expense, obtain expert services to render a final delineation.
D. Wetlands Rating System. The following Washington State
rating system is hereby adopted as the rating system for the City
of Port Angeles. Wetlands buffer widths, replacement ratios, and
avoidance criteria shall be based on these rating systems.
1. Washington State Four -Tier Wetlands Rating System.
a. Category I Criteria
i. Documented habitat for endangered or
threatened fish or animal species or for potentially extirpated
plant species recognized by State or Federal agencies; or
ii. High quality native wetland communities,
including documented Category I or II quality Natural Heritage
wetland sites and sites which qualify as a Category I or II
quality National Heritage wetland; or
iii. High quality, regionally rare wetland
communities with irreplaceable ecological functions, including
sphagnum bogs and fens, estuarine wetlands, or mature forested
swamps; or
iv. Wetlands of exceptional local signifi-
cance. The criteria for such a designation shall be developed and
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adopted by the local jurisdiction under appropriate public review
and administrative appeal procedures. The criteria may include,
but not be limited to, rarity, groundwater recharge areas,
significant habitats, unique educational sites, or other specific
functional values within a watershed or other regional boundary.
b. Category II Criteria
i. Regulated wetlands that do not contain
features outlined in Category I; and
ii. Documented habitats for sensitive plant,
fish, or animal species recognized by Federal or State agencies;
or
iii. Rare wetland communities listed in
Subsection 15.24.040Dlaiii which are not high quality; or
iv. Wetland types with significant functions
which may not be adequately replicated through creation or
restoration.
v. Regulated wetlands with significant
habitat value based on diversity and size.
vi. Regulated wetlands contiguous with
salmonid fish - bearing waters, including streams where flow is
intermittent; or
vii. Regulated wetlands with significant use
by fish and wildlife.
c. Category III Criteria
i. Regulated wetlands that do not contain
features outlined in Category I, II, or IV.
d. Category IV Criteria
i. Regulated wetlands which do not meet the
criteria of a Category I or II wetland; and
ii. Isolated wetlands which are less than or
equal to one acre in size; and have only one wetland class; and
have only one dominant plant species (monotypic vegetation); or
iii. Isolated wetlands which are less than or
equal to two acres in size, and have only one wetland class and a
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predominance of exotic species.
2. Wetland rating categories shall be applied as the
regulated wetland exists on the date of adoption of the rating
system by the local government; as the regulated wetland may nat-
urally change thereafter; or as the regulated wetland may change
in accordance with permitted activities. Wetland rating cate-
gories shall not be altered to recognize illegal modifications.
3. The City of Port Angeles shall apply the latest
version of the Washington State Department of Ecology "Washington
State Wetlands Rating System for Rating the Resource Value of
Regulated Wetlands" and "Field Methodology" as its procedures for
the wetland rating system.
4. The City of Port Angeles will initially rate
wetlands based on information derived from available maps,
reports, and similar materials. Wetlands may be reclassified into
another category at a subsequent date should field surveys or
other new materials warrant such action.
15.24.050 - Regulated Activities and Allowed Activities.
A. Regulated Activities. A permit shall be obtained from
local government prior to undertaking the following activities in
a regulated wetland or its buffer, unless authorized by Subsection
B below:
1. The removal, excavation, grading, or dredging of
soil, sand, gravel, minerals, organic matter, or material of any
kind;
material;
2. The dumping, discharging, or filling with any
3. The draining, flooding, or disturbing of the water
level or water table.
4. The driving of pilings;
5. The placing of obstructions;
6. The construction, reconstruction, demolition, or
expansion of any structure;
7. The destruction or alteration of wetlands vegeta-
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tion through clearing, harvesting, shading, intentional burning,
or planting of vegetation that would alter the character of a reg-
ulated wetland, provided that these activities are not part of a
forest practice governed under Chapter 76.09 RCW and its rules; or
8. Activities that result in a significant change of
water temperature, a significant change of physical or chemical
characteristics of wetlands water sources, including quantity, or
the introduction of pollutants.
B. Allowed Activities. The following uses shall be allowed
within a wetland or wetland buffer to the extent that they are not
prohibited by any other ordinance or law and provided they are
conducted using best management practices, except where such
activities result in the conversion of a regulated wetland or
wetland buffer to a use to which it was not previously subjected,
and provided further that forest practices and conversions shall
be governed by Chapter 76.09 RCW and its rules:
1. Conservation or preservation of soil, water
vegetation, fish, shellfish, and other wildlife;
2. Outdoor recreational activities, including but not
limited to fishing, birdwatching, hiking, boating, horseback
riding, swimming, canoeing, and bicycling;
3. The harvesting of wild crops in a manner that is
not injurious to natural reproduction of such crops and provided
the harvesting does not require tilling of soil, planting of
crops, or alteration of the wetland by changing existing
topography, water conditions, or water sources;
4. Existing and ongoing agricultural activities,
including farming, horticulture, aquaculture, irrigation, ranching
or grazing of animals. Activities on areas lying fallow as part
of a conventional rotational cycle are part of an ongoing
operation. Activities which bring an area into agricultural use
are not part of an ongoing operation. An operation ceases to be
ongoing when the area on which it was conducted has been converted
to another use or has laid idle so long that modifications to the
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hydrological regime are necessary to resume operations;
5. The maintenance (but not construction) of drainage
ditches;
6. Education, scientific research, and use of nature
trails;
7. Navigation aids and boundary markers;
8. Boat mooring buoys;
9. Site investigative work necessary for land use
application submittals, such as surveys, soil logs, percolation
tests, and other related activities. In every case, wetland
impacts shall be minimized and disturbed areas shall be
immediately restored; and
10. The following uses are allowed within wetlands
and /or wetland buffers provided that written notice at least ten
days prior to the commencement of such work has been given to the
Planning Director, and provided that wetland impacts are minimized
and that disturbed areas are immediately restored:
a. Normal maintenance, repair, or operation of
existing serviceable structures, facilities, or improved areas.
Maintenance and repair does not include any modification that
changes the character, scope, or size of the original structure,
facility, or improved area and does not include the construction
of a maintenance road; and
b. Minor modification of existing serviceable
structures within a buffer zone where modification does not
adversely impact wetland functions.
C. Special Permit Uses. Any activity other than those
specified in Subsection B may not be conducted in wetlands or
wetland buffers except upon issuance of a Wetland Permit by the
Planning Director.
15.24.060 - Procedures for Wetland Permits.
A. Permit Reauirements. Compliance. Except as specifically
provided in Section 15.24.050B, no regulated activity shall occur
or be permitted to occur within a regulated wetland or wetland
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buffer without a written permit from the Planning Director. Any
alteration approved by such written permit shall comply fully with
the requirements and purposes of this Chapter, other applicable
regulations, and any terms or conditions of said permit. All
activities which are not allowed or permitted shall be prohibited.
B. Wetland Permits, Extensions. Application for a Wetland
Permit to conduct any regulated activity not specifically
authorized by Section 15.24.050B within a wetland or wetland
buffer shall be made to the Planning Director on forms furnished
by his /her office. Permits shall normally be valid for a period
of three years from the date of issue and shall expire at the end
of that time, unless a longer or shorter period is specified by
the Planning Director upon issuance of the permit.
An extension of an original permit may be granted upon
written request to the Planning Director by the original permit
holder or the successor in title. Prior to the granting of an
extension, the Planning Director shall require updated studies
and /or additional hearings if, in his /her judgment, the original
intent of the permit is altered or enlarged by the renewal; if the
circumstances relevant to the review and issuance of the original
permit have changed substantially; or if the applicant failed to
abide by the terms of the original permit.
C. Permit Applications.
1. Request for determination of applicability: Any
person seeking to determine whether a proposed activity or an area
is subject to this Chapter may request in writing a determination
from the Planning Director. Such a request for determination
shall contain plans, data, and other information as may be
specified by the Planning Director.
2. Pre - Permit Consultations: Any person intending to
apply for a Wetland Permit is strongly encouraged, but not
required, to meet with the Planning Director during the earliest
possible stages of project planning in order to discuss wetland
impact avoidance and minimization and to discuss compensation,
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before large commitments have been made to a particular project
design. Effort put into pre - application consultations and
planning will help applicants create projects which will be more
quickly and easily processed.
3. Information Requirements: Unless the Planning
Director waives one or more of the following information
requirements, applications for a Wetland Permit under this Chapter
shall include:
a. A description and maps overlaid on an aerial
photograph at a scale no smaller than 1" =200', showing the entire
parcel of land owned by the applicant and the exact boundary
pursuant to Section 15.24.040C of the wetland on the parcel;
b. A description of the vegetative cover of the
wetland and adjacent area, including dominant species;
c. A site plan for the proposed activity overlaid
on an aerial photograph at a scale no smaller than 1" =200',
showing the location, width, depth, and length of all existing and
proposed structures, roads, sewage disposal and treatment, and
installations within the wetland and its buffer;
d. The exact sites and specifications for all
regulated activities, including the amounts and methods;
e. Elevations of the site and adjacent lands
within the wetland and its buffer at contour intervals of no
greater than 5 feet;
f. Top view and typical cross - section views of
the wetland and its buffer to scale;
g. The purposes of the project and an explanation
why the proposed activity cannot be located at other sites,
including an explanation of how the proposed activity is dependent
upon wetlands or water - related resources as described in Section
15.24.070D of this Chapter; and
h. Specific means to mitigate any potential
adverse environmental impacts of the applicant's proposal.
The Planning Director may require additional
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information, including but not limited to, an assessment of
wetland functional characteristics, including a discussion of the
methodology used; documentation of the ecological, aesthetic,
economic, or other values of the wetland; a study of flood,
erosion, or other hazards at the site and the effect of any
protective measures that might be taken to reduce such hazards;
and any other information deemed necessary to verify compliance
with the provisions of this Chapter or to evaluate the proposed
use in terms of the purposes of this Chapter. The Planning
Director shall maintain and make available to the public, all
information applicable to any wetland and its buffer.
4. Filing Fees: At the time of an application or
request for delineation, the applicant shall pay a filing fee as
determined by the Planning Director. Sufficient fees shall be
charged to the applicant to cover the costs of evaluation of the
application or request for delineation. These fees may be used by
the Planning Director to retain expert consultants to provide
services pertaining to wetland boundary determinations, functional
assessments, and evaluation of mitigation measures. As deemed
necessary by the Planning Director, the Planning Director may
assess additional reasonable fees as needed to monitor and
evaluate permit compliance and mitigation measures. A scope of
work and fee estimate shall be provided to the applicant before
proceeding with the delineation.
5. Notification: Upon receipt of the completed permit
application, the Planning Director shall notify the individuals
and agencies, including Federal and State agencies, having
jurisdiction over or an interest in the matter, to provide such
individuals and agencies an opportunity to comment.
The Planning Director shall establish a mailing
list of all interested persons and agencies who wish to be
notified of such application.
6. Notice on Title:
a. The owner of any property with field verified
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presence of wetland or wetland buffer pursuant to Subsection
15.24.040C, on which a development proposal is submitted shall
file for record with the Clallam County Auditor a notice approved
by the Planning Director in a form substantially as set forth in
Subsection b. below. Such notice shall provide notice in the
public record of the presence of a wetland or wetland buffer, the
application of this Chapter to the property, and that limitations
on actions in or affecting such wetlands and their buffers may
exist.
The applicant shall submit proof that the
notice has been filed for record before the City of Port Angeles
shall approve any development proposal for such site. The notice
shall run with the land and failure to provide such notice to any
purchaser prior to transferring any interest in the property shall
be in violation of this Chapter.
b. Form of Notice:
WETLAND AND /OR WETLAND BUFFER NOTICE
Legal Description:
Present Owner:
NOTICE: This property contains wetlands
defined by City of Port Angeles Ordinance.
subject of a development proposal for
application # filed on
or their buffers as
The property was the
(type of permit
(date) .
Restrictions on use or alteration of the wetlands or their buffers
may exist due to natural conditions of the property and resulting
regulations. Review of such application has provided information
on the location of wetlands or wetland buffers and restrictions on
their use through setback areas. A copy of the plan showing such
setback areas is attached hereto.
(Signature of owner)
STATE OF WASHINGTON )
SS:
COUNTY OF CLALLAM )
On this day personally appeared before me to me known to be
the individual(s) described in and who executed the within and
foregoing instrument and acknowledged that they signed the same as
their free and voluntary act and deed for the uses and purposes
therein stated.
Given under my hand and official seal this day of
, 19
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NOTARY PUBLIC in and for the
State of Washington, residing
at
D. Permit Processing.
1. Consolidation: The Planning Director shall, to the
extent practicable and feasible, consolidate the processing of
wetlands - related aspects of other City of Port Angeles regulatory
programs which affect activities in wetlands, such as subdivision,
clearing and grading, floodplain, and environmentally sensitive
areas, with the Wetland Permit process established herein so as to
provide a timely and coordinated permit process.
2. Completeness of Application: No later than 10
working days after receipt of the permit application, the Planning
Director shall notify the applicant as to the completeness of the
application. An application shall not be deemed complete until
and unless all information necessary to evaluate the proposed
activity, its impacts, and its compliance with the provisions of
this Chapter have been provided to the satisfaction of the
Planning Director. Such determination of completeness shall not
be construed as an approval or denial of the permit application.
3. Public Hearings: Following the submittal of an
application determined to be complete by the Planning Director,
the Planning Director shall hold a public hearing on the
application, unless the Planning Director finds that the activity
is so minor as to not adversely affect a wetland or wetland
buffer. The Planning Director shall, at least fifteen (15) days
prior to the date of the hearing, confirm that the following has
been accomplished:
a. a notice of the hearing has been published at
least once a week on the same day of the week for two consecutive
weeks in a newspaper having a general circulation in the City of
Port Angeles;
b. notice has been given to the latest recorded
real property owners as shown by the records of the County
Assessor within at least three hundred feet of the boundary of the
property upon which the regulated activity is proposed; and
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c. notice has been posted at the proposed site of
activity and at public places of assembly near the site of the
proposed activity.
The notices shall include a brief description
of the project, including the location; the time and place of the
hearing; statement that the file regarding the permit application
is available for public inspection during regular business hours;
the address where the file may be inspected; a request for written
comments prior to the hearing and attendance and oral testimony by
concerned parties at the hearing.
All hearings shall be open to the public. A
record of the hearings shall be made. Any person may present
evidence and testimony at the hearings. At the hearings,
applicants shall have the burden of demonstrating that the
proposed activity will be in accordance with the purposes of this
Chapter and the standards set forth below.
4. Permit Action:
a. Upon receipt of a complete application for a
permit authorizing activities on a Category I wetland or its
buffer, the City of Port Angeles shall submit the application to
the Washington State Department of Ecology for its review and
comment. When such permits applications are submitted, the
Washington State Department of Ecology should submit its comments
or should request an extension of the review period within 30
days. Extensions may be up to 30 days in length. When submitted,
no permit shall be issued under this Subsection prior to receipt
of such comments or the expiration of the time period or any
extension.
b. The Planning Director shall approve, approve
with conditions, or deny a permit application within thirty (30)
working days of the public hearing; except that where additional
information is required by the Planning Director, he /she may
extend this period by sixty (60) days. In acting on the appli-
cation, the Planning Director shall in writing deny, permit, or
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conditionally permit the proposed activity. If a decision must be
made in a 90 -day period and there is insufficient information or
time to process the application, a denial will be issued.
15.24.070 - Standards for Permit Decisions.
A. A permit shall only be granted if the permit, as
conditioned, is consistent with the provisions of this Chapter.
Additionally, permits shall only be granted if:
1. A proposed action avoids adverse impacts to
regulated wetlands or their buffers or takes affirmative and
appropriate measures to minimize and compensate for unavoidable
impacts;
2. The proposed activity results in no net loss; or
3. Denial of a permit would cause an extraordinary
hardship on the applicant.
B. Wetlands permits shall not be effective and no activity
thereunder shall be allowed during the time provided to file a
permit appeal.
C. Wetland Buffers:
1. Standard Buffer Zone Widths: Wetland buffer zones
shall be required for all regulated activities adjacent to
regulated wetlands. Any wetland created, restored, or enhanced as
compensation for approved wetland alterations shall also include
the standard buffer required for the category of the created,
restored, or enhanced wetland. All buffers shall be measured from
the wetland boundary as surveyed in the field, pursuant to the
applicable definitions in 15.24.020. The width of the wetland
buffer zone shall be determined according to wetland category and
the intensity of the proposed land use, as follows:
a. Category I
High intensity
Low intensity
b. Category II
High intensity
Low intensity
c. Category III
High intensity
Low intensity
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300 feet
200 feet
200 feet
100 feet
100 feet
50 feet
d. Category IV
High intensity
Low intensity
50 feet
25 feet
2. Increased Wetland Buffers Zone Width: The Planning
Director shall require increased standard buffer zone widths on a
case -by -case basis when a larger buffer is necessary to protect
wetlands functions and values, based on local conditions. This
determination shall be supported by appropriate documentation
showing that it is reasonably related to protection of the
functions and values of the regulated wetland. Such determination
shall be attached as a permit condition and shall demonstrate
that:
a. a larger buffer is necessary to maintain
viable populations of existing species; or
b. the wetland is used by species proposed or
listed by the Federal Government or the State as endangered,
threatened, rare, monitor, or sensitive, critical or outstanding
potential habitat for those species, or has unusual nesting or
resting sites, such as heron rookeries or raptor nesting trees; or
c. the adjacent land is susceptible to severe
erosion, and erosion control measures will not effectively prevent
adverse wetland impacts; or
d. the adjacent land has minimal vegetative cover
or slopes greater than 15 percent.
3. Reduction of Standard Wetland Buffer Zone Width:
The Planning Director may reduce the standard wetland buffer zone
widths on a case -by -case basis where it can be demonstrated that:
a. the adjacent land is extensively vegetated and
has less than 15 percent slopes and that no direct or indirect,
short -term or long -term, adverse impacts to regulated wetlands, as
determined by the Planning Director, will result from a regulated
activity. The Planning Director may require long -term monitoring
of the project and subsequent corrective actions if adverse
impacts to regulated wetlands are discovered; or
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b. the project includes a buffer enhancement plan
using native vegetation which substantiates that an enhanced
buffer will improve the functional attributes of the buffer to
provide additional protection for wetlands functions and values.
An enhanced buffer shall not result in greater than a 25 percent
reduction in the buffer width, and the reduced buffer shall not be
less than 25 feet.
4. Standard Wetland Buffer Width Averaging: Standard
wetland buffer zones may be modified by averaging buffer widths.
Wetland buffer width averaging shall be allowed only where the
applicant demonstrates all of the following:
a. that averaging is necessary to avoid an
extraordinary hardship to the applicant caused by circumstances
peculiar to the property;
b. that the wetland contains variations in
sensitivity due to existing physical characteristics;
c. that low intensity land uses would be located
adjacent to areas where buffer width is reduced, and that such low
intensity land uses are guaranteed in perpetuity by covenant, deed
restriction, easement, or other legally binding mechanism;
d. that width averaging will not adversely impact
the wetland functional values; and
e. that the total area contained within the
wetland buffer after averaging is no less than that contained
within the standard buffer prior to averaging. In no instance
shall the buffer width be reduced by more than 50 percent of the
standard buffer or be less than 25 feet.
5. Except as otherwise specified, wetland buffer zones
shall be retained in their natural condition. Where buffer
disturbance has occurred during construction, revegetation with
native vegetation may be required.
6. Permitted Uses in a Wetland Buffer Zone: Regulated
activities shall not be allowed in a buffer zone except for the
following:
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a. activities having minimal adverse impacts on
buffers and no adverse impacts on regulated wetlands. These may
include low intensity, passive recreational activities such as
pervious trails, nonpermanent wildlife watching blinds, short -term
scientific or educational activities, and sports fishing or
hunting;
b. with respect to Category II and IV wetlands,
stormwater management facilities having no reasonable alternative
on -site location; or
c. with respect to Category III and IV wetlands,
development having no feasible alternative location.
7. Building Setback Lines: A building setback line of
15 feet is required from the edge of any wetland buffer. Minor
structural intrusions into the area of the building setback may be
allowed if the Planning Director determines that such intrusions
will not negatively impact the wetland. The setback shall be
identified on a site plan which is filed as an attachment to the
notice on title required by Subsection 15.24.06006.
D. Avoiding Wetland Impacts:
1. Regulated activities shall not be authorized in a
regulated wetland except where it can be demonstrated that the
impact is both unavoidable and necessary or that all reasonable
economic uses are denied.
2. With respect to Category I wetlands, an applicant
must demonstrate that denial of the permit would impose an
extraordinary hardship on the part of the applicant brought about
by circumstances peculiar to the subject property.
3. With respect to Category II and III wetlands, the
following provisions shall apply:
a. For water - dependent activities, unavoidable
and necessary impacts can be demonstrated where there are no
practicable alternatives which would not involve a wetland or
which would not have less adverse impact on a wetland, and would
not have other significant adverse environmental consequences.
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b. Where nonwater- dependent activities are
proposed, it shall be presumed that adverse impacts are avoidable.
This presumption may be rebutted upon a demonstration that:
i. the basic project purpose cannot
reasonably be accomplished utilizing one or more other sites in
the general region that would avoid, or result in less, adverse
impact on a regulated wetland; and
ii. a reduction in the size, scope,
configuration, or density of the project as proposed and all
alternative designs of the project as proposed that would avoid,
or result in less, adverse impact on a regulated wetland or its
buffer will not accomplish the basic purpose of the project; and
iii. in cases where the applicant has rejected
alternatives to the project as proposed due to constraints such as
zoning, deficiencies of infrastructure, or parcel size, the
applicant has made reasonable attempts to remove or accommodate
such constraints.
4. With respect to Category IV wetlands, unavoidable
and necessary impacts can be demonstrated where the proposed
activity is the only reasonable alternative which will accomplish
the applicant's objectives.
E. Reasonable Use Exception:
1. If an applicant for a development proposal
demonstrates to the satisfaction of the Planning Director that
application of these standards would deny all reasonable economic
use of the property, development as conditioned may be allowed if
the applicant also demonstrates all of the following to the
satisfaction of the Planning Director:
a. that the proposed project is water - dependent
or requires access to the wetland as a central element of its
basic function, or is not water - dependent but has no practicable
alternative, pursuant to Subsection 15.24.070D;
b. that no reasonable use with less impact on the
wetland and its buffer is possible (e.g., agriculture,
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aquaculture, transfer or sale of development rights or credits,
sale of open space easements, etc.);
c. that there is no feasible on -site alternative
to the proposed activities, including reduction in density,
phasing of project implementation, change in timing of activities,
revision of road and lot layout, and /or related site planning
considerations, that would allow a reasonable economic use with
less adverse impacts to wetlands and wetland buffers;
d. that the proposed activities will result in
minimum feasible alteration or impairment to the wetland's
functional characteristics and its existing contours, vegetation,
fish and wildlife resources, and hydrological conditions;
e. that disturbance of wetlands has been
minimized by locating any necessary alteration in wetland buffers
to the extent possible;
f. that the proposed activities will not
jeopardize the continued existence of endangered, threatened,
rare, sensitive, or monitor species as listed by the Federal
government or the State of Washington;
g. that the proposed activities will not cause
significant degradation of groundwater or surface water quality;
h. that the proposed activities comply with all
State, local, and Federal laws, including those related to
sediment control, pollution control, floodplain restrictions, and
on -site wastewater disposal;
i. that any and all alterations to wetlands and
wetland buffers will be mitigated as provided in Subsection
15.24.070H7;
j. that there will be no damage to nearby public
or private property and no threat to the health or safety of
people on or off the property; and
k. that the inability to derive reasonable
economic use of the property is not the result of actions by the
applicant in segregating or dividing the property and creating the
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undevelopable condition after the effective date of this Chapter.
2. If the Planning Director determines that alteration
of a wetland and /or wetland buffer is necessary and unavoidable,
the Planning Director shall set forth in writing in the file he
maintains regarding a permit application his findings with respect
to each of the items listed in this Subsection.
3. Alternatively, if the Planning Director determines
that application of these standards would deny all reasonable
economic use of the property, the City may take the property for
public use with just compensation being made.
F. Minimizing Wetlands Impacts:
1. After it has been determined by the Planning
Director pursuant to Subsection 15.24.070D that losses of wetland
are necessary and unavoidable or that all reasonable economic use
has been denied, the applicant shall take deliberate measures to
minimize wetland impacts.
2. Minimizing impacts to wetlands shall include but is
not limited to:
a. limiting the degree or magnitude of the
regulated activity;
b. limiting the implementation of the regulated
activity;
technology;
impacts;
c. using appropriate and best available
d. taking affirmative steps to avoid or reduce
e. sensitive site design and siting of facilities
and construction staging areas away from regulated wetlands and
their buffers;
planning; and
f. involving resource agencies early in site
g.
providing protective measures, such as
siltation curtains, hay bales, and other siltation prevention
measures; scheduling the regulated activity to avoid interference
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with wildlife and fisheries rearing, resting, nesting, or spawning
activities.
G. Limited Density Transfer: For development proposals on
lands containing wetland buffers, the Planning Director shall
determine allowable dwelling units for residential development
proposals based on the formulas below.
The following formula for density calculations is
designed to provide incentives for the preservation of wetlands
and wetland buffers, flexibility in design, and consistent
treatment of different types of development proposals. The
formula shall apply to all properties within existing residential
zones on which wetlands and wetland buffers are located.
The maximum number of dwelling units (DU) for a lot or
parcel which contains wetlands and wetland buffers shall be equal
to: (Acres in Wetland Buffer)(DU /Acre)(Density Credit).
The density credit figure is derived from the following
table:
Percentage of site in buffers Density Credit
1 -10% 100%
11 -20% 90%
21 -30% 80%
31 -40% 70%
41 -50% 60%
51 -60% 50%
61 -70% 40%
71 -80% 30%
81 -90% 20%
91 -99% 10%
The density credit can only be transferred within the development
proposal site. To the extent that application of the formula may
result in lot sizes less than the minimum allowed by the
underlying district, they are hereby authorized, provided that the
resultant lot is of sufficient size for an on -site waste disposal
system if no sanitary sewer system exists. Should the density
credit allow average lot size to fall below the minimum standard
allowed by underlying zoning, the applicant shall use Planned
Residential Development procedures for project review.
The Planning Director shall not allow credit for density
for the portions of the site occupied by wetlands.
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H. Acting on the Application:
1. Special Use Permit Conditions:
a. Sensitive Area Tracts: As a condition of any
permit issued pursuant to this Chapter, the permit holder shall be
required to create a separate sensitive area tract or tracts
containing the areas determined to be wetland and /or wetland
buffer in field investigations performed pursuant to Subsection
15.24.040C. Sensitive area tracts are legally created tracts
containing wetlands and their buffers that shall remain unde-
veloped in perpetuity. Sensitive area tracts are an integral part
of the lot in which they are created; are not intended for sale,
lease or transfer; and shall be included in the area of the parent
lot for purposes of subdivision method and minimum lot size.
i. Protection of Sensitive Area Tracts:
The Planning Director shall require, as a condition of any permit
issued pursuant to this Chapter, that the sensitive area tract or
tracts created pursuant to Subsection 15.24.070H1 be protected by
one of the following methods:
(A) The permit holder shall convey an
irrevocable offer to dedicate to the City of Port Angeles or other
public or non - profit entity specified by the Planning Director, an
easement for the protection of native vegetation within a wetland
and /or its buffer; or
(B) The permit holder shall establish
and record a permanent and irrevocable deed restriction on the
property title of all lots containing a sensitive area tract or
tracts created as a condition of this permit. Such deed
restriction(s) shall prohibit in perpetuity the development,
alteration, or disturbance of vegetation within the sensitive area
tract except for purposes of habitat enhancement as part of an
enhancement project which has received prior written approval from
the City of Port Angeles, and any other agency with jurisdiction
over such activity.
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b. The deed restriction shall also contain the
following language:
"Before beginning and during the course of
any grading, building construction, or other development activity
on a lot or development site subject to this deed restriction, the
common boundary between the area subject to the deed restriction
and the area of development activity must be fenced or otherwise
marked to the satisfaction of the City of Port Angeles."
c. Regardless of the legal method of protection
chosen by the Planning Director, responsibility for maintaining
sensitive area tracts shall be held by a homeowners association,
adjacent lot owners, the permit applicant or designee, or other
appropriate entity as approved by the Planning Director.
d. The following note shall appear on the face of
all plats, short plats, PRDs, or other approved site plans
containing separate sensitive area tracts, and shall be recorded
on the title of record for all affected lots:
"NOTE: All lots adjoining separate sensitive area
tracts identified as Native Vegetation Protection
Easements or protected by deed restriction, are
responsible for maintenance and protection of the
tracts. Maintenance includes ensuring that no
alterations occur within the separate tract and that all
vegetation remains undisturbed for other than natural
reasons, unless the express written authorization of the
City of Port Angeles has been received."
e. The common boundary between a separate
sensitive area tract and the adjacent land must be permanently
identified.
metal signs
follows:
This identification shall include permanent wood or
on treated or metal posts.
Signs shall be
worded as
"Protection of this natural area is in your care.
Alteration or disturbance is prohibited by law. Please
call the Port Angeles Planning Department for more
information."
f. Sign locations and size specifications shall
be approved by the Planning Director. The Planning Director shall
require permanent fencing of the sensitive area tract or tracts
when there is a substantial likelihood of the presence of domestic
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grazing animals within the development proposal. The Planning
Director shall also require as a permit condition that such
fencing be provided if, subsequent to approval of the development
proposal, domestic grazing animals are in fact introduced.
g. Additional Conditions:
i. The location of the outer extent of the
wetland buffer and the areas to be disturbed pursuant to an
approved permit shall be marked in the field, and such field
marking shall be approved by the Planning Director prior to the
commencement of permitted activities. Such field markings shall
be maintained throughout the duration of the permit.
ii. The Planning Director may attach such
additional conditions to the granting of a special use permit as
deemed necessary to assure the preservation and protection of
affected wetlands and to assure compliance with the purposes and
requirements of this Chapter.
2. Bonding:
a. Performance Bonds: The Planning Director
shall require the applicant of a development proposal to post a
cash performance bond or other security acceptable to the Planning
Director in an amount and with surety and conditions sufficient to
fulfill the requirements of Subsection 15.24.070H6 and, in addi-
tion, to secure compliance with other conditions and limitations
set forth in the permit. The amount and the conditions of the
bond shall be consistent with the purposes of this Chapter. In
the event of a breach of any condition of any such bond, the City
of Port Angeles may institute an action in a court of competent
jurisdiction upon such bond and prosecute the same to judgment and
execution. The Planning Director shall release the bond upon
determining the following, provided that prior to such written
release of the bond, the principal or surety cannot be terminated
or canceled;
i. All activities, including any required
compensatory mitigation, have been completed in compliance with
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the terms and conditions of the permit and the requirements of
this Chapter;
ii. The posting by the applicant of a
maintenance bond has occurred.
b. Maintenance Bonds: The Planning Director
shall require the holder of a development permit issued pursuant
to this Chapter to post a cash performance bond or other security
acceptable to the Planning Director in an amount and with surety
and conditions sufficient to guarantee that structures,
improvements, and mitigation required by the permit or by this
Chapter perform satisfactorily for a minimum of two (2) years
after they have been completed. The Planning Director shall
release the maintenance bond upon determining that performance
standards established for evaluating the effectiveness and success
of the structures, improvements, and /or compensatory mitigation
have been satisfactorily met for the required period. For
compensation projects, the performance standards shall be those
contained in the mitigation plan developed and approved during the
permit review process, pursuant to Subsection 15.24.070H7. The
maintenance bond applicable to a compensation project shall not be
released until the Planning Director determines that performance
standards established for evaluating the effect and success of the
project have been met.
3. Other Laws and Regulations: No permit granted
pursuant to this Chapter shall remove an applicant's obligation to
comply in all respects with the applicable provisions of any other
Federal, State, or local law or regulation, including but not
limited to the acquisition of any other required permit or
approval.
4. Suspension or Revocation: In addition to other
penalties provided for elsewhere, the Planning Director may
suspend or revoke a permit if he /she finds that the applicant or
permittee has not complied with any or all of the conditions or
limitations set forth in the permit; has exceeded the scope of
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work set forth in the permit; or has failed to undertake the
project in the manner set forth in the approved application.
5. Publication of Notice: The Planning Director shall
cause notice of his /her denial, issuance, conditional issuance,
revocation, or suspension of a permit to be published in a daily
newspaper having a broad circulation in the area wherein the
wetland lies. Such notice shall be published within five (5)
working days of the decision or order and shall include at least
the following:
a. A brief description of the project, including
location;
b. The decision or order of the City with respect
to the project;
c. Notification that the permit file is open for
public inspection during regular business hours, and the address
where such file may be inspected; and
d. A statement of the procedures regarding appeal
or judicial review of the decision, if applicable.
6. Compensating for Wetlands Impacts: As a condition
of any permit allowing alteration of wetlands and /or wetland
buffers, or as an enforcement action pursuant to Subsection
15.24.080C, the Planning Director shall require that the applicant
engage in the restoration, creation, or enhancement of wetlands
and their buffers in order to offset the impacts resulting from
the applicant's or violator's actions. The applicant shall
develop a plan which provides for land acquisition, construction,
maintenance, and monitoring of replacement wetlands that recreate
as nearly as possible the original wetlands in terms of acreage,
function, geographic location and setting, and that are larger
than the original wetlands. The overall goal of any compensatory
project shall be no net loss of wetlands function and acreage and
to strive for a new resource gain in wetlands over present
conditions. Compensation shall be completed prior to wetland
destruction, where possible.
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Compensatory mitigation shall follow an approved
mitigation plan pursuant to Subsection 15.24.070H7 and shall meet
the following minimum performance standards:
a. Given the uncertainties in scientific
knowledge and the need for expertise and monitoring, wetland
compensatory projects may be permitted only when the Planning
Director finds that the compensation project is associated with an
activity or development otherwise permitted and that the restored,
created, or enhanced wetland will be as persistent as the wetland
it replaces. Additionally, applicants shall:
i. demonstrate sufficient scientific
expertise, supervisory capability, and financial resources to
carry out the project;
ii. demonstrate the capability for monitoring
the site and to make corrections during this period if the project
fails to meet projected goals; and
iii. protect and management or provide for
the protection and management of the compensation area to avoid
further development or degradation and to provide for long -term
persistence of the compensation area.
b. Wetlands Restoration and Creation:
i. Any person who alters regulated wetlands
shall restore or create equivalent areas or greater areas of
wetlands than those altered in order to compensate for wetland
losses.
ii. Where feasible, restored or created
wetlands shall be a higher category than the altered wetland.
iii. Compensation areas shall be determined
according to function, acreage, type, location, time factors,
ability to be self- sustaining, and projected success. Wetland
functions and values shall be calculated using the best profes-
sional judgment of a qualified wetland ecologist using the best
available techniques. Multiple compensation projects may be
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proposed for one project in order to best achieve the goal of no
net loss.
iv. Acreage replacement ratio. The follow-
ing ratios apply to creation or restoration which is in -kind, on-
site, timed prior to or concurrent with alteration, and has a high
probability of success. These ratios do not apply to remedial
actions resulting from illegal alterations. The first number
specifies the acreage of wetlands requiring replacement and the
second specifies the acreage of wetlands altered.
Category I 6:1
Category II or III
Forested 3:1
Scrub -shrub 2:1
Emergent 1.5:1
Category IV 1.25:1
(A) Increased Replacement Ratio: The
Planning Director may increase the ratios under the following
circumstances:
(1) uncertainty as to the probable
success of the proposed restoration or creation;
(2) significant period of time
between destruction and replication of wetland functions;
(3) projected losses in functional
value; or
(4) off -site compensation.
(B) Decreased Replacement Ratio: The
Planning Director may decrease these ratios based on findings of
special studies coordinated with agencies with expertise which
demonstrate that no net loss of wetland function or value is
attained under the decreased ratio.
(C) In all cases, a minimum acreage
replacement ratio of 1:1 shall be required.
c. Wetlands Enhancement:
i. Any applicant proposing to alter wet-
lands may propose to enhance existing significantly degraded
wetlands in order to compensate for wetland losses. Applicants
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proposing to enhance wetlands shall identify how enhancement
conforms to the overall goals and requirements of the local
wetlands protection program and established regional goals.
ii. A wetlands enhancement compensation
project shall be determined pursuant to Subsection 15.24.070H6,
provided that enhancement for one function and value will not
degrade another function or value and that acreage replacement
ratios shall be doubled to recognize existing functional values
and, provided further, that Category I wetlands shall not be
enhanced.
d. Wetland Type:
i. In -Kind compensation shall be provided
except where the applicant can demonstrate that:
(A) the wetland system is already signi-
ficantly degraded and out -of -kind replacement will result in a
wetland with greater functional value;
(B) scientific problems, such as exotic
vegetation and changes in watershed hydrology make implementation
of in -kind compensation impossible; or
(C) out -of -kind replacement will best
meet identified regional goals (e.g., replacement of historically
diminished wetland types).
(D) Where out -of -kind replacement is
accepted, greater acreage replacement ratios may be required to
compensate for lost functional values.
e. Location:
i. On -site compensation shall be provided
except where the applicant can demonstrate that:
(A) the hydrology and ecosystem of the
original wetland and those who benefit from the hydrology and
ecosystem will not be substantially damaged by the on -site loss;
and
(B) on -site compensation is not scien-
tifically feasible due to problems with hydrology, soils, waves,
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or other factors; or
(C) compensation is not practical due to
potentially adverse impact from surrounding land uses; or
(D) existing functional values at the
site of the proposed restoration are significantly greater than
lost wetland functional values; or
(E) that established regional goals for
flood storage, flood conveyance, habitat or other wetland
functions have been established and strongly justify location of
compensatory measures at another site.
ii. Off -site compensation shall occur within
the same watershed as the wetland loss occurred; provided that
Category IV wetlands may be replaced outside of the watershed when
there is no reasonable alternative.
iii. In selecting compensation sites, appli-
cants shall pursue siting in the following order of preference:
(A) upland sites which were formerly
wetlands;
(B) idled upland sites generally having
bare ground or vegetative cover consisting primarily of exotic
introduced species, weeds, or emergent vegetation;
(C) other disturbed upland.
f. Timing:
i. Where feasible, compensation projects
shall be completed prior to activities that will disturb wetlands,
and immediately after activities that will temporarily disturb
wetlands. In all other cases, except for Category I wetlands,
compensatory projects should be completed prior to use or
occupancy of the activity or development which was conditioned
upon such compensation. Construction of compensation projects
shall be timed to reduce impacts to existing wildlife and flora.
g. Cooperative Restoration, Creation, or
Enhancement projects:
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i. The Planning Director may encourage,
facilitate, . and approve cooperative projects wherein a single
applicant or other organization with demonstrated capability may
undertake a compensation project with funding from other
applicants under the following circumstances:
(A) restoration, creation, or enhance-
ment at a particular site may be scientifically difficult or
impossible; or
(B) creation of one or several larger
wetlands may be preferable to many small wetlands.
ii. Persons proposing cooperative compensa-
tion projects shall:
(A) submit a joint permit application;
(B) demonstrate compliance with all
standards;
(C) demonstrate the organizational and
fiscal capability to act cooperatively; and
(D) demonstrate that long -term manage-
ment can and will be provided.
7. Mitigation Plans: All wetland restoration,
creation, and /or enhancement projects required pursuant to this
Chapter, either as a permit condition or as the result of an
enforcement action, shall follow a mitigation plan prepared by
qualified wetland professionals approved by the Planning Director.
The applicant or violator shall receive written approval of the
mitigation plan by the Planning Director prior to commencement of
any wetland restoration, creation, or enhancement activity.
Unless the Planning Director, in consultation with qualified
wetland professionals, determines, based on the size and nature of
the development proposal, the nature of the impacted wetland, and
the degree of cumulative impacts on the wetland from other
development proposals, that the scope and specific requirements of
the mitigation plan may be reduced from what is listed below, the
mitigation plan shall contain at least the following components:
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a. Baseline Information: A written assessment
and accompanying maps of the:
i. impacted wetland including, at a minimum,
wetland delineation; existing wetland acreage; vegetative, faunal,
and hydrologic characteristics; soil and substrate conditions;
topographic elevations; and
ii. compensation site, if different from the
impacted wetland site, including, at a minimum, existing acreage;
vegetative, faunal, and hydrologic conditions; relationship within
watershed and to existing waterbodies; soil and substrate
conditions; topographic elevations; existing and proposed adjacent
site conditions; buffers; and ownership.
b. Environmental Goals and Objectives: A written
report shall be provided identifying goals and objectives and
describing:
i. The purposes of the compensation
measures, including a description of site selection criteria;
identification of compensation goals; identification of target
evaluation species and resource functions; dates for beginning and
completion; and a complete description of the structure and
functional relationships sought in the new wetland. The goals and
objectives shall be related to the functions and values of the
original wetland, or if out -of -kind, the type of wetland to be
emulated.
ii. A review of the available literature
and /or experience to date in restoring or creating the type of
wetland proposed shall be provided. An analysis of the likelihood
of success of the compensation project at duplicating the original
wetland shall be provided based on the experiences of comparable
projects, if any. An analysis of the likelihood of persistence of
the created or restored wetland shall be provided based on such
factors as surface and ground water supply and flow patterns;
dynamics of the wetland ecosystem; sediment or pollutant influx
and /or erosion, periodic flooding and drought, etc.; presence of
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invasive flora or fauna; potential human or animal disturbance;
and previous comparable projects, if any.
c. Performance Standards: Specific criteria
shall be provided for evaluating whether or not the goals and
objectives of the project and for beginning remedial action or
contingency measures. Such criteria may include water quality
standards, survival rates of planted vegetation, species abundance
and diversity targets, habitat diversity indices, or other
ecological, geological, or hydrological criteria.
d. Detailed Construction Plans: Written
specifications and descriptions of compensation techniques shall
be provided, including the proposed construction sequence; grading
and excavation details; erosion and sediment control features
needed for wetland construction and long -term survival; a planting
plan specifying plant species, quantities, locations, size,
spacing, and density; source of plant materials, propagules, or
seeds; water and nutrient requirements for planting; where
appropriate, measures to protect plants from predation;
specification of substrate stockpiling techniques and planting
instructions; descriptions of water control structures and water -
level maintenance practices needed to achieve the necessary
hydrocycle /hydroperiod characteristics; etc. These written
specifications shall be accompanied by detailed site diagrams,
scaled cross - sectional drawings, topographic maps showing slope
percentage and final grade elevations, and any other drawings
appropriate to show construction techniques or anticipated final
outcome. The plan shall provide for elevations which are
appropriate for the desired habitat type(s) and which provide
sufficient tidal prism and circulation data.
e. Monitoring Program: A program outlining the
approach for monitoring construction of the compensation project
and for assessing a completed project shall be provided.
Monitoring may include, but is not limited to:
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i. establishing vegetation plots to track
changes in plant species composition and density over time;
ii. using photo stations to evaluate
vegetation community response;
iii. sampling surface and subsurface waters
to determine pollutant loading, and changes from the natural
variability of background conditions (pH, nutrients, heavy
metals);
iv. measuring base flow rates and storm
water runoff to model and evaluate water quality predictions, if
appropriate;
v. measuring sedimentation rates, if
applicable; and
vi. sampling fish and wildlife populations
to determine habitat utilization, species abundance, and
diversity.
A protocol shall be included outlining
how the monitoring data will be evaluated by agencies that are
tracking the progress of the compensation project. A monitoring
report shall be submitted annually, at a minimum, documenting
milestones, successes, problems, and contingency actions of the
compensation project. The compensation project shall be monitored
for a period necessary to establish that performance standards
have been met, but not for a period less than five (5) years.
f. Contingency Plan: Identification of potential
courses of action, and any corrective measures to be taken when
monitoring or evaluation indicates project performance standards
are not being met.
g. Permit Conditions: Any compensation project
prepared pursuant to this section and approved by the Planning
Director shall become part of the application for the permit.
h. Performance Bonds and Demonstration of
Competence: A demonstration of financial resources, administra-
tive, supervisory, and technical competence and scientific
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expertise of sufficient standard to successfully execute the
compensation project shall be provided. A compensation project
manager shall be named and the qualifications of each team member
involved in preparing the mitigation plan and implementing and
supervising the project shall be provided, including educational
background and areas of expertise, training and experience with
comparable projects. In addition, bonds ensuring fulfillment of
the compensation project, monitoring program, and any contingency
measure shall be posted pursuant to Subsection 15.24.070H in the
amount of one hundred twenty (120) percent of the expected cost of
compensation.
i. Regulatory authorities are encouraged to
consult with and solicit comments of any Federal, State, regional,
or local agency, including tribes, having any special expertise
with respect to any environmental impact prior to approving a
mitigation proposal which includes wetlands compensation. The
compensation project proponents should provide sufficient
information on plan design and implementation in order for such
agencies to comment on the overall adequacy of the mitigation
proposal.
j. Compensatory mitigation is not required for
regulated activities:
i. For which a permit has been obtained
that occur only in the buffer or expanded buffer and which have no
adverse impacts to regulated wetlands; or
ii. which are allowed pursuant to Subsection
15.24.050B, provided such activities utilize best management prac-
tices to protect the functions and values of regulated wetlands.
I. Appeals: Any decision of the Planning Director in the
administration of this Chapter may be appealed in writing to the
City Council within fifteen days of the issuance of notice of the
decision.
J. Modification of Wetland Permits: A Wetland Permit
holder may request and the Planning Director may approve
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modification of a previously issued Wetland Permit.
K. Resubmittal of Denied Permit Applications: A Wetland
Permit application which has been denied may be modified and
resubmitted no earlier than one hundred eighty (180) days
following action on the original application. A permit
application shall be considered a resubmittal if the site proposed
for development was the subject of a Wetland Permit application
within the previous one hundred eighty (180) days. A new fee will
be required for such resubmittal.
15.24.080 - Temporary Emergency Permit - Enforcement.
A. Temporary Emergency Permit: Notwithstanding the
provisions of this Chapter or any other laws to the contrary, the
Planning Director may issue a temporary emergency wetlands permit
if:
1. The Planning Director determines that an unaccept-
able threat to life or severe loss of property will occur if an
emergency permit is not granted; and
2. The anticipated threat or loss may occur before a
permit can be issued or modified under the procedures otherwise
required by this Chapter and other applicable laws.
B. Any emergency permit granted shall incorporate, to the
greatest extent practicable and feasible but not inconsistent with
the emergency situation, the standards and criteria required for
non - emergency activities under this act and shall:
1. be limited in duration to the time required to
complete the authorized emergency activity, not to exceed 90 days;
and
2. require, within this 90 -day period, the restoration
of any wetland altered as a result of the emergency activity;
except that if more than the 90 days from the issuance of the
emergency permit is required to complete restoration, the
emergency permit may be extended to complete this restoration.
Issuance of an emergency permit by the Planning Director
does not preclude the necessity to obtain necessary approvals from
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appropriate Federal and State authorities.
Notice of the issuance of the emergency permit and
request for public comments shall be published at least once a
week on the same day of the week for two consecutive weeks in a
newspaper having a general circulation in the City of Port
Angeles, the City publication to be no later than 10 days after
issuance of the emergency permit.
The emergency permit may be terminated at any time
without process upon a determination by the Planning Director that
the action was not or is no longer necessary to protect human
health or the environment.
C. Enforcement:
1. General enforcement: The City of Port Angeles shall
have authority to enforce this Chapter, any rule or regulation
adopted, and any permit or order issued, pursuant to this Chapter,
against any violation or threatened violation thereof. The City
of Port Angeles is authorized to issue violation notices and
administrative orders, levy fines, and /or institute legal actions
in court. Recourse to any single remedy shall not preclude
recourse to any of the other remedies. Each violation of this
Chapter, or any rule or regulation adopted, or any permit, permit
condition, or order issued pursuant to this Chapter, shall be a
separate offense, and, in the case of a continuing violation, each
day's continuance shall be deemed to be a separate and distinct
offense. All costs, fees, and expenses in connection with
enforcement actions may be recovered as damages against the
violator. Enforcement actions shall include Civil Penalties,
Administrative Orders and Actions for Damages and Restoration.
2. Injunctive relief: The City of Port Angeles may
bring appropriate actions at law or equity, including actions for
injunctive relief, to ensure that no uses are made of a regulated
wetland or their buffers which are inconsistent with this Chapter
or an applicable wetlands protection program.
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3. Cease and desist order: The City of Port Angeles
may serve upon a person a cease and desist order if an activity
being undertaken on regulated wetlands or its buffer is in
violation of this Chapter or any permit issued to implement this
Chapter. Whenever any person violates this Chapter or any permit
issued to implement this Chapter, the City of Port Angeles may
issue an order reasonably appropriate to cease such violation and
to mitigate any environmental damage resulting therefrom.
Content of Order: The order shall set forth and contain:
(a) A description of the specific nature, extent,
and time of violation and the damage or potential damages.
(b) A notice that the violation or the potential
violation cease and desist or, in appropriate cases, the specific
correction action to be taken within a given time. A civil
penalty may be issued with the order.
(c) Effective date: The cease and desist order
issued under this section shall become effective immediately upon
receipt by the person to whom the order is directed.
(d) Compliance: Failure to comply with the terms
of a cease and desist order can result in enforcement actions
including, but not limited to, the issuance of a civil penalty.
4. Penalties: Any person who undertakes any activity
within a regulated wetland or its buffer without first obtaining
a permit required by this Chapter, except as allowed in Subsection
15.24.050B, or any person who violates one or more conditions of
any permit required by this Chapter or of any order issued
pursuant to this Section, shall incur a penalty allowed per
violation. In the case of a continuing violation, each permit
violation and each day of activity without a required permit shall
be a separate and distinct violation. The penalty amount shall be
set in consideration of the previous history of the violator and
the severity of the environmental impact of the violation. The
penalty provided in this subsection shall be appealable to the
Superior Court of Clallam County.
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5. Aiding or abetting: Any person who, through an act
of commission or omission, procures, aids, or abets in the
violation shall be considered to have committed a violation for
the purposes of the penalty.
6. Notice of penalty: Civil penalties imposed under
this Section shall be imposed by a notice in writing, either by
certified mail with return receipt requested or by personal
service, to the person incurring the same from the Department
and /or the City of Port Angeles, or from both jointly. The notice
shall describe the violation, approximate the date(s) of
violation, and shall order the acts constituting the violation to
cease and desist, or, in appropriate cases, require necessary
correction action within a specific time.
7. Application for remission or mitigation: Any
person incurring a penalty may apply in writing within thirty days
of receipt of the penalty to the Planning Director for remission
or mitigation of such penalty. Upon receipt of the application,
the City of Port Angeles may remit or mitigate the penalty upon a
demonstration of extraordinary circumstances, such as the presence
of information or factors not considered in setting the original
penalty.
8. Appeals: Orders and penalties issued pursuant to
this subsection may be appealed as provided for in Subsection
15.24.070I.
9. Criminal penalties shall be imposed on any person
who wilfully or negligently violates this Chapter or who knowingly
makes a false statement, representation, or certification in any
application, record or other document filed or required to be
maintained under this Chapter; or who falsifies, tampers with, or
knowingly renders inaccurate any monitoring device, record or
methodology required to be maintained pursuant to this Chapter or
pursuant to a Wetland Permit.
15.24.090 - Non - Conforming Activities. A regulated
activity which was approved prior to the passage of this Chapter
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and to which significant economic resources have been committed
pursuant to such approval, but which is not in conformity with the
provisions of this Chapter, may be continued subject to the
following:
A. No such activity shall be expanded, changed, enlarged,
or altered in any way that increases the extent of its non-
conformity without a permit issued pursuant to the provisions of
this Chapter;
B. Except for cases of discontinuance as part of normal
agricultural practices, if a non - conforming activity is
discontinued for 12 consecutive months, any resumption of the
activity shall conform to this Chapter;
C. If a non - conforming use or activity is destroyed by
human activities or an act of God, it shall not be resumed except
in conformity with the provisions of this Chapter;
D. Activities or adjuncts thereof which are or become
public nuisances shall not be entitled to continue as non-
conforming activities.
15.24.100 - Judicial Review. Any decision or order
issued by the City of Port Angeles pursuant to this Chapter,
including decisions concerning denial, approval, or conditional
approval of a Wetland Permit, may be judicially reviewed in the
Clallam County Superior Court, provided that:
A. available administrative remedies, including appeals
available pursuant to Subsection 15.24.060I, have been exhausted;
and
B. such litigation is commenced within fifteen (15) days
after service of such order or issuance of notice of such
decision, as the case may be.
Based on these proceedings and consistent with any
decision of the Court that is adverse to the City of Port Angeles,
the City may elect to:
1. Institute negotiated purchase or condemnation
proceedings to acquire an easement or fee interest in the
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applicant's land;
2. Approve the permit application with lesser
restrictions or conditions; or
3. Other appropriate actions ordered by the Court that
fall within the jurisdiction of the City of Port Angeles.
15.24.110 - Amendments. These regulations and the maps
used to identify wetland critical areas may from time to time be
amended in accordance with the procedures and requirements in the
general statutes and as new information concerning wetland
location, soils, hydrology, flooding, or wetland plants and
wildlife become available.
15.24.120 - Assessment Relief. The Assessor of Clallam
County shall consider wetland regulations in determining the fair
market value of land. Any owner of an undeveloped wetland who has
dedicated an easement or entered into a perpetual conservation
restriction with the City of Port Angeles or a non - profit
organization to permanently control some or all regulated
activities in the wetland shall have that portion of land assessed
consistent with those restrictions. Such landowner shall also be
exempted from special assessments on the controlled wetland to
defray the cost of municipal improvements such as sanitary sewers,
storm sewers, and water mains.
Section 2 - Interim Status. This Ordinance is intended
to be interim until the City adopts a new Comprehensive Plan and
consistent development regulations, which may supersede this
Ordinance.
Section 3 - Severability. If any clause, sentence,
paragraph, section, or part of this Chapter or the application
thereof to any person or circumstances shall be adjudged by any
court of competent jurisdiction to be invalid, such order or
judgment shall be confined in its operation to the controversy in
which it was rendered and shall not affect or invalidate the
remainder of any part thereof to any other person or circumstances
and to this end the provisions of each clause, sentence, para-
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graph, section, or part of this Chapter are hereby declared to be
severable.
Section 4 - Effective Date. This Ordinance shall take
effect five (5) days following date of publication.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the 19th day of
November , 1991.
ATTEST:
Becky J.
APPROV D AS TO FORM:
Craig D nutson, City Attorney
PUBLISHED: November 24, 1991
(By Summary)
PS.1N.19B
M A Y
Summary of Ordinance Adopted by the
Port Angeles City Council
on November 19, 1991
Ordinance No. 2655
This Ordinance of the City of Port Angeles establishes interim criteria for
designating and regulating wetlands and creates Chapter 15.24 of the Port
Angeles Municipal Code. The ordinance is enacted pursuant to the require-
ments of the Growth Management Act and as provided in the Guidelines
promulgated by the Department of Community Development and the Model
Wetlands Ordinance promulgated by the Department of Ecology. The
ordinance is intended to supplement the environmentally sensitive areas
protection ordinance. The ordinance is further intended to be interim until
the City adopts a new Comprehensive Plan and consistent development
regulations.
The wetlands protection ordinance establishes performance -based standards
for the designation of wetlands, designates certain activities to be regulated
pursuant to the ordinance, establishes a wetland permit process for controlling
development within wetlands, provides for a reasonable use determination
process in the event that application of the standards would deny all
reasonable economic use of private property, provides specific measures for
minimizing and mitigating impacts to wetlands, provides for the option of
limited density transfers as incentives for the preservation of wetlands, and
allows for the continuance of nonconforming activities subject to certain
specified conditions.
Violations of this Ordinance are subject to civil and /or criminal sanctions.
Criminal violations would be subject to prosecution as misdemeanors
punishable by a fine of not more than $500 or by imprisonment not to exceed
six months or by both such fine and imprisonment.
The full text of the Ordinance is available at City Hall in the City Clerk's office or will be
mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m.
This Ordinance will take effect five (5) days after publication of this summary.
Becky J. Upton
City Clerk
Publish: November 24, 1991