HomeMy WebLinkAbout2928ORDINANCE NO. 2928
AN ORDINANCE of the City of Port Angeles, Washington, modifying the
permit processing provisions in the City's wetlands protection ordinance
and amending Ordinance 2655 and Chapter 15.24 of the Port Angeles
Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. Ordinance 2655 and Chapter 15.24 of the Port Angeles Municipal Code are
hereby amended by amending PAMC 15.24.060 and PAMC 15.24.070 to read as follows:
15.24.060 - Procedures for Wetland Permits.
A. Permit Requirements. 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 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, 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;
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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 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.
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 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 or their buffers as defined by City of Port Angeles
Ordinance. The property was the subject of a development proposal for (type of permit)
application # filed on (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.
STATE OF WASHINGTON
) SS:
COUNTY OF CLALLAM
(Signature of owner)
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.
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Given under my hand and official seal this day of
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 4-628 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.
application, unless thc Planning Dircctor 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
a.
a notice of the hearing has been published at least oncc a wcck
in thc City of Port Angeles;
b.
notice has been given to the latest recorded real property owners
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c.
notice has been postcd at thc proposed site of activity and at
The notices shall include a bricf dcscription of thc projcct,
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All hcarings shall be open to thc public. A rccord of thc hcarings
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43. 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
is insufficient information or timc to process thc application, a denial will be issuc.based on
compliance with the standards and requirements of this Chapter. The Planning Director's decision
shall include written findings.
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 300 feet
Low intensity 200 feet
b. Category II
High intensity 200 feet
Low intensity 100 feet
c. Category III
High intensity 100 feet
Low intensity 50 feet
d. Category IV
High intensity 50 feet
Low intensity 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
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:
a. activities having minimal adverse impacts on buffers and no
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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.
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, 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
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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 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;
c. using appropriate and best available technology;
d. taking affirmative steps to avoid or reduce impacts;
e. sensitive site design and siting of facilities and construction
staging areas away from regulated wetlands and their buffers;
f. involving resource agencies early in site planning; and
g. providing protective measures, such as siltation curtains, hay
bales, and other siltation prevention measures; scheduling the regulated activity to avoid
interference 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.
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 undeveloped 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 15.24.070111 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.
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.
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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. This identification shall include permanent wood
or metal signs on treated or metal posts. Signs shall be worded as follows:
"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 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 addition, 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 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.
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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 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.
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
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function, acreage, type, location, time factors, ability to be self - sustaining, and projected success.
Wetland functions and values shall be calculated using the best professional judgment of a
qualified wetland ecologist using the best available techniques. Multiple compensation projects
may be proposed for one project in order to best achieve the goal of no net loss.
iv. Acreage replacement ratio. The following 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 wetlands may propose
to enhance existing significantly degraded wetlands in order to compensate for wetland losses.
Applicants 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 significantly
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 scientifically feasible
due to problems with hydrology, soils, waves, 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, applicants 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:
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 enhancement 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 compensation 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 management 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 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:
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
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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, administrative, supervisory, and technical competence and
scientific 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 practices 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 ftfteenfourteen days of the issuance
of notice of the decision. The time period for considering the appeal shall not exceed ninety days.
J. Modification of Wetland Permits: A Wetland Permit holder may request and the
Planning Director may approve 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.
Section 2 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, is held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
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Section 3 - Effective Date. This Ordinance shall take effect five days after the date of
publication.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 3rd day of Sept.:_, 1996.
ATTEST:
Becky J.
,� ..4%-t-�c,t
ton ity Cleislc
APPROVED AS TO FORM:
Craig D. Knutson, City Attorney
PUBLISHED: September 8. 1996
(By Summary)
96.20
- 15 -
Summaries of Ordinances Adopted by the
Port Angeles City Council
on September 3, 1996
Ordinance No. 2928
This Ordinance of the City of Port Angeles modifies the permit processing
provisions in the City's wetlands protection ordinance to bring the regulations for
wetland land use permits into compliance with ESHB 1724 and amends Ordinance
2655 and Chapter 15.24 of the Port Angeles Municipal Code.
Ordinance No. 2929
This Ordinance of the City of Port Angeles revises the City' s shoreline
management regulations to bring the regulations into compliance with ESHB 1724
and amends Ordinance 2033, as amended, and Chapter 15.08 of the Port Angeles
Municipal Code, and repeals Section 10 of Ordinance 2595 and PAMC
15.08.105.
Ordinance No. 2930
This Ordinance of the City of Port Angeles alters the rates for the sale of
electricity to take effect on all billings beginning November 1, 1996 and amends
Ordinance 2776, as amended, and Chapter 13.12 of the Port Angeles Municipal
Code.
The full texts of the Ordinances are available, for a fee, 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.
These Ordinances shall take effect five days after the date of publication of these summaries.
Publish: September 8, 1996
Becky J. Upton
City Clerk