HomeMy WebLinkAbout3179ORDINANCE NO. 3179
AN ORDINANCE of the City of Port Angeles, Washington, amending and
updating the City's development regulations to be consistent with the
City's revised Comprehensive Plan by adding a new Chapter 15.02
Definitions, and amending Chapters 14.36, 15.20, 15.24, 15.28 and
16.08 of the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES does hereby ordain as
follows:
Whereas, a revised Comprehensive Plan was adopted by the City Council on June 14,
2004; and
Whereas, the City's development regulations need to be amended and updated to be
consistent with the City's revised Comprehensive Plan.
NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 2152, as amended, and a portion of the Title 14, Buildings and
Construction, Chapter 14.36, Sign Code, Section 14.37.070 PAMC, are hereby amended to read
as follows:
14.36.070 Permitted Signs.
A. Signs in the Central Business District (CBD) Zone. Signs in the CBD zone
shall comply with the requirements of this Subsection. Each individual business with street
frontage may have a total sign area of all non - exempt signs not to exceed 20 % of the surface
area of the building facade occupied by the business, or two hundred (200) square feet,
whichever is less, and up to 90 % of the sign may be on a part of the same facade not occupied
by the business. When a building is located on more than one street frontage, each visible
building facade shall be considered separately. Such signs may be wall signs, marquee signs,
pedestrian signs, free - standing signs, projecting signs, or any combination thereof, subject to
the following standards:
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1. Wall Signs. Wall signs shall be mounted parallel to the building facade
and shall project no more than eighteen (18) inches from the wall on which they are attached.
2. Marquee or Awning Signs . A sign may be mounted on the front or
front outer top edge of a marquee or awning, parallel to the street frontage; provided that the
sign shall not exceed a vertical distance of two (2) feet above the front outer top horizontal
edge of the marquee or awning and all supporting mechanisms are concealed from view; or
a sign may be mounted on the side of a marquee or awning, provided it does not extend above
the top of the side. A sign may be mounted on top of a marquee or awning, provided that it
does not project more than four and one -half (4 -1/2) feet from the building facade. A sign that
projects below the marquee or awning shall comply with the requirements of PAMC
14.36.070(A)(3) (Pedestrian Signs). The sign area for a back -lit marquee or awning sign
comprised of individual letters, figures, design, symbol, or trademark painted or mounted and
projecting less than three (3) inches from the surface of the marquee or awning shall not
include the lighted background that is outside the area that circumscribes the exterior limits
of the dimensions of the sign.
3. Pedestrian Signs. A pedestrian sign attached to the underside of a
marquee or awning shall be at a right angle to the plane of the building facade and not extend
beyond the outer edge of the marquee or awning. A clearance of not less than eight (8) feet
from the underlying sidewalk shall be maintained. Said sign shall not exceed six (6) square
feet in sign area per side.
4. Freestanding Signs. Where all portions of a building are located more
than fifteen (15) feet from the street right -of -way the building may have one freestanding sign
in addition to the signs allowed on the building, provided that it shall not exceed twenty-five
(25) square feet in sign area per side or twenty (20) feet in height. If the building has frontage
on two or more streets and the building is more than forty (40) feet from those streets, the
building may have one free - standing sign that shall not exceed one hundred (100) square feet
of sign area per side or a total of two hundred (200) square feet of sign area, whichever is
less, or thirty (30) feet in height; provided that the sign area shall be considered part of the
total sign area of the building and deducted equally from the allowable sign area of the facades
that are more than forty (40) feet from the street; and further provided that the sign area of
the freestanding sign shall not exceed the total sign area allowed the building.
5. Projecting Signs. Projecting signs may be mounted at a right angle to
the plane of the building facade, provided the sign shall not extend more than four and one-
half (4 -1/2) feet beyond the facade of the building. Further provided that signs occurring
under marquees or awnings shall be governed by the requirements for pedestrian signs in
PAMC 14.36.070(A)(3). Projecting signs not occurring under marquees shall maintain a
clearance of not less than eight (8) feet from the underlying sidewalk.
6. Upper Floor Businesses. The total sign area for a business occupying
an upper story of a building with street frontage shall not exceed 20% of the surface of the
building facade occupied by the business, or two hundred (200) square feet, whichever is less.
An upper floor business or businesses may have one sign on the street level identifying the
upstairs businesses, provided that said sign shall not exceed six (6) square feet.
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7. Multiple Businesses, Arcades, and Galleries. The total sign area of two
or more businesses sharing a common facade with at least one business not having a street
frontage shall not exceed 20% of the surface area of the common facade. One additional sign,
not exceeding six (6) square feet, listing all of the businesses may be provided.
8. Sign Area on Alleys. Each individual business with alley frontage may
have a total sign area of all signs not to exceed 10% of the surface area of the building facade
on the alley occupied by the business; provided, however, that individual businesses without
street frontage may have 20 % or 200 square feet, whichever is less. Alley signs shall be
mounted parallel to the building facade and project no further than twelve (12) inches from
the wall on which the sign is attached.
9. Sign Area on Side Walls. Signs may be mounted on exposed side walls
of buildings, which walls do not have street frontage, in accordance with Subsection (A) of
this Section; provided, that only the area of the exposed wall shall be considered the surface
area of the facade.
10. Shopping Malls. The total sign area for a shopping mall facade shall
not exceed 20% of the facade or three hundred (300) square feet, whichever is less. Signs
may be placed on any facade of a shopping mall, provided the maximum allowable sign area
of that facade is not exceeded, and the sign is part of a master sign permit in the name of the
manager of the mall that identifies all of the signs for the shopping mall. Where all portions
of the shopping mall are more than fifteen (15) feet from the street right -of -way, one
freestanding sign per street frontage, with a maximum of two (2) such signs per site, may be
installed, provided that each sign shall not exceed twenty (20) feet in height and two hundred
(200) square feet in total area, or one hundred (100) square feet in area per side; provided,
however, that for those signs containing over one hundred (100) square feet of sign area, the
display surfaces shall be parallel and back -to -back to each other; and further provided that the
sign area shall be included in the total permitted sign area for the facade on that same street
frontage.
11. Non - Building Business. The total sign area for a business in which no
portion of the business occurs within a building shall not exceed 64 square feet per street
frontage and shall be located on the property of the business. Non - building business signs
may be free - standing, provided that each sign shall not exceed twenty (20) feet in height and
thirty -two (32) square feet in sign area per side; provided that there shall not be more than one
(1) free - standing sign per street frontage.
B. Signs in the Commercial Arterial (CA) Zone. Signs in the CA zone shall
comply with requirements of this Subsection. Signs may be lighted but not intermittent or
flashing type. All signs over ten (10) square feet in area shall be restricted to territory no
closer than 100 feet from all residential property in a residential zone. Maximum height shall
be 35 feet. Such signs may be wall signs, marquee signs, pedestrian signs, freestanding signs,
projecting signs, fluttering devices, or any combination thereof, subject to the following
standards:
1. Building- Mounted Signs. Building- mounted signs may be placed on any
wall not facing an adjacent residential zone. Building- mounted signs may not extend above
the top of the eaves or parapet and may not be located on a roof. For buildings occupied by
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a single business, the total building- mounted sign area shall not exceed 20 % of the area of the
building elevation facing a public street to a maximum of two hundred and fifty (250) square
feet on each building elevation which faces a public street. In buildings occupied by more
than one business, the total building- mounted sign area for each business shall not exceed 20
% of that business's portion of the building elevation facing a public street to a maximum of
two hundred and fifty (250) square feet.
2. Freestanding Signs. One and one quarter (1.25) square feet of
freestanding visible sign area shall be allowed for every one (1) lineal foot of arterial street
frontage of the site, provided that the maximum area of any freestanding sign face does not
exceed half of the maximum visible sign area. The maximum visible sign area for a particular
site shall be as follows:
Site Area
Less than .50 acre
.50 to .99 acre
1 to 1.99 acres
2 to 2.99 acres
3 acres or more
Maximum Visible Sign Area
100 square feet
200 square feet
300 square feet
400 square feet
500 square feet
3. Off - Premise Signs. One off - premise sign containing a commercial
message unrelated to any use or activity of the property on which the sign is located, including
billboards and other outdoor advertising signs not exceeding three hundred (300) square feet
in total sign area and thirty -five (35) feet in height, may be permitted on any site that does not
contain any sign for businesses located on said site, subject to approval of a conditional use
permit. No billboard or other off - premise outdoor advertising sign shall be located within
1,000 feet of another such sign that is on the same side of the street.
4. Shopping Malls. The total sign area for a shopping mall facade shall
not exceed 20% of the facade or three hundred (300) square feet, whichever is less. Signs
may be placed on any facade of a shopping mall, provided the maximum allowable sign area
of that facade is not exceeded and the sign is part of a master sign permit in the name of the
manager of the mall that identifies all of the signs for the shopping mall. Where all portions
of the shopping mall are more than fifteen (15) feet from the street right -of -way, one
freestanding sign per street frontage, with a maximum of two (2) such signs per site, may be
installed, provided that each sign shall not exceed twenty (20) feet in height and two hundred
(200) square feet in total area, or one hundred (100) square feet in area per side. For such
signs containing over one hundred (100) square feet of sign area, the display surfaces shall be
parallel and back -to -back to each other, and the sign area shall be included in the total
permitted sign area for the facade on that same street frontage.
5. Fluttering Devices. Pennants, flags, flyers, ribbons, balloons, or other
fluttering devices or strings of such devices, which are used to attract attention to outdoor
sales lots of new and used dealerships of automobiles, trucks, trailers, motorcycles,
recreational vehicles, tractors, and boats, are allowed, provided such devices are not made
of conductive material such as mylar which can cause an electrical shock or shortage.
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C. Signs in the Community Shopping District (CSD) Zone. Signs in the CSD zone
shall comply with the requirements of this Subsection. Signs may be lighted but not
intermittent or flashing type. All signs over ten (10) square feet in area shall be restricted to
territory no closer than 100 feet from all residential property in a residential zone. Maximum
height shall be 30 feet. Such signs may be wall signs, marquee signs, pedestrian signs,
freestanding signs, projecting signs, or any combination thereof, subject to the following
standards:
1. Building- Mounted Signs. Building- mounted signs may be placed on any
wall not facing an adjacent residential zone. Building- mounted signs may not extend above
the top of the eaves or parapet and may not be located on a roof.
a. For buildings occupied by a single business, the total building -
mounted sign area shall not exceed 10% of the area of the building elevation facing a public
street to a maximum of one hundred and twenty -frveseventy -five (125175) square feet on each
building elevation which faccsis adjacent a public street.
b. In buildings occupied by more than one business, the total building -
mounted sign area for each business shall not exceed 10 % of that business's portion of the
building elevation facing a public street to a maximum of one hundred and twenty-five
seventy -five (125 175) square feet.
c. Sign Area on Alleys. Each individual business with alley frontage
may have a total sign area not to exceed 10% of that business' portion of the building
elevation adjacent to the alley to a maximum of one hundred and seventy -five (175) square
feet. Alley signs shall be mounted parallel to the building facade and project no further than
twelve (12) inches from the wall on which the sign is attached.
d. Sign Area on Side Walls. Signs may be mounted on exposed side
walls of buildings, which walls do not have street frontage, may have a total sign area not to
exceed 10% of that business' portion of the building elevation visible from a public street to
a maximum of one hundred and seventy -five (175) square feet; provided, that only the area
of the side wall visible from the public street shall be used in calculating the sign area.
2. Freestanding Signs. One and one quarter (1.25) square feet of
freestanding visible sign area shall be allowed for every one (1) lineal foot of arterial street
frontage of the site, provided that the maximum area of any freestanding sign face does not
exceed half of the maximum visible sign area. The maximum visible sign area for a particular
site shall be as follows:
Site Area Maximum Visible Sign Area
Less than .50 acre 50 square feet
Lcss than 1 acrc.50 to .99 acre 50 75 square feet
1 to 1.99 acres 7-5 100 square feet
2 to 2.99 acres +00 125 square feet
3 acres or more 125 150 square feet
3. Off - Premise Signs. Off - premise signs, including billboards, shall be
prohibited within the Community Shopping District Zone.
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D. Signs in the Commercial Neighborhood (CN) Zone . Signs in the CN zone
shall comply with the requirements of this Subsection. Signs may be lighted, but not
intermittent or flashing type, and shall not exceed one hundred (100) square feet in total sign
area. All signs over ten (10) square feet in area shall be restricted to territory no closer than
100 feet from all residential property in a residential zone. Maximum height shall be 20 feet.
Off - premise signs, including billboards, shall be prohibited within the Commercial
Neighborhood Zone.
E. Signs in the Commercial Office (CO) Zone . Signs in the CO zone shall
comply with the requirements of this Subsection. Signs may be lighted, but not intermittent
or flashing type, and shall not exceed fifty (50) square feet in total sign area, provided ,
however, if the site area is 14,000 square feet or more, then signs shall not exceed one
hundred (100) square feet in total sign area. No more than fifty (50) square feet of lighted
sign area may face residential property in a residential zone located directly across a street.
All freestanding signs shall not exceed five (5) feet in height. Building- mounted signs shall
not exceed 20 feet in height. Off - premise signs, including billboards, shall be prohibited
within the Commercial Office Zone.
F. Signs in the Industrial Park (IP) Zone. Signs in the IP zone shall comply with
the requirements of this Subsection.
1. One building- mounted sign, not to exceed one (1) square foot for each
one (1) horizontal lineal foot of the building wall or three hundred (300) square feet,
whichever is less, shall be permitted for each building elevation facing a public or private
street.
2. One freestanding sign, not to exceed thirty -five (35) square feet in area
and fifteen (15) feet in height, shall be permitted for each business site.
3. Public and private directional, traffic, and warning attached and
detached signs shall not exceed six (6) square feet in area.
4. Signs may be lighted, but not intermittent or flashing.
5. Off - premise signs, including billboards, shall be prohibited within the
Industrial Park Zone.
G. Signs in the Industrial Light (IL) Zone Signs in the IL zone shall comply with
the requirements of this Subsection.
1. One building- mounted sign, not to exceed one (1) square foot for each
one (1) horizontal lineal foot of the building wall or three hundred (300) square feet,
whichever is less, shall be permitted for each building elevation facing a public or private
street.
2. One freestanding sign, not to exceed thirty -five (35) square feet in area
and fifteen (15) feet in height, shall be permitted for each business site.
3. Public and private directional, traffic, and warning attached and
detached signs shall not exceed six (6) square feet in area.
4 Signs may be lighted, but not intermittent or flashing.
5. One off - premise sign containing a commercial message unrelated to any
use or activity of the property on which the sign is located, including billboards and other
outdoor advertising signs not exceeding three hundred (300) square feet in total sign area and
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thirty -five (35) feet in height, may be permitted on any site that does not contain any sign for
businesses located on said site, subject to approval of a conditional use permit. No billboard
or other off - premise outdoor advertising sign shall be located within 1,000 feet of another such
sign that is on the same side of the street.
H. Signs in the Industrial Heavy (IH) Zone. Signs in the IH zone shall comply
with the requirements of this Subsection.
1. One building- mounted sign, not to exceed one (1) square foot for each
one (1) horizontal lineal foot of the building wall or four hundred (400) square feet, whichever
is less, shall be permitted for each building elevation facing a public or private street.
2. One freestanding sign, not to exceed one hundred (100) square feet in
area and thirty -five (35) feet in height, shall be permitted for each business site.
3. Signs may be lighted, but not intermittent or flashing.
4. One off - premise sign containing a commercial message unrelated to any
use or activity of the property on which the sign is located, including billboards and other
outdoor advertising signs not exceeding three hundred (300) square feet in total sign area and
thirty -five (35) feet in height, may be permitted on any site that does not contain any sign for
businesses located on said site, subject to approval of a conditional use permit. No billboard
or other off - premise outdoor advertising sign shall be located within 1,000 feet of another such
sign that is on the same side of the street.
I. Signs in the Public Buildings and Parks (PBP) Zone . Signs in the PBP zone
shall comply with the requirements of this Subsection. One building- mounted sign per
building shall be permitted, provided that the sign does not exceed one hundred (100) square
feet in total sign area and is unlighted, and provided further that intermittent or flashing lights
lighted signs are prohibited. One freestanding sign per site shall be permitted, provided that
the sign does not exceed one hundred (100) square feet in total sign area. Signs shall be
placed so as not to impact a facing residential zone. Maximum height shall be 20 feet. Off -
premise signs, including billboards, shall be prohibited within the Public Buildings and Parks
Zone.
J. Temporary Commercial Event Signs. The total sign area of temporary
commercial event signs that are intended to advertise a special event such as a new business
grand opening, going- out -of- business sale, or similar special sales event shall not exceed one
hundred (100) square feet for a business, provided the temporary commercial event signs are
removed within one (1) day after the event and are not up for more than one (1) month
commencing at the date of
installation and not up for more than three (3) months in any calendar year, except that this
Section shall not allow the type of signs that are specifically prohibited by PAMC 14.36.080.
K. A -Frame Signs. One A -frame sign shall be permitted per site as a freestanding
sign. An A -frame sign shall be no larger than ten (10) square feet per side with the top of the
sign no higher than forty -four (44) inches nor lower than thirty (30) inches from ground level
and the width of the sign no greater than thirty -two (32) inches. A -frame signs shall not be
located in public rights -of -way, except where a building is built to the front lot line and
provided the sign owner obtains a right -of -way use permit and identifies the specific sign in,
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and names the City as an insured on, the sign owner's insurance policy. A -frame signs shall
not be located in a vision clearance area as described in PAMC 17.94.090.
Section 2. Ordinance , as amended, and Title 15, Environment, shall be
amended by adding a new Chapter 15.02, Definitions, to read as follows:
15.02 - Definitions.
These definitions shall apply to Chapters 15.20, 15.24 and 15.28, additional definitions
are located in individual chapters.
A. "Best Available Science" That scientific information applicable to the critical area
prepared by local, state or federal natural resource agencies, a qualified scientific
professional or team of qualified scientific professionals, that is consistent with criteria
established in WAC 365- 195 -900 through WAC 365 -195 -925.
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 high concentrations
of nutrients, animal waste, toxics, and sediment;
2. Minimize adverse impacts to surface water and ground water flow, circulation
patterns, and to the chemical, physical, and biological characteristics of wetlands;
3. Protect trees and vegetation designated to be retained during and following site
construction; and
4. Provide standards for proper use of chemical herbicides within critical areas.
C. "Critical habitat" means habitat necessary for the survival of endangered, threatened, rare,
sensitive, or monitor species as identified under the Endangered Species Act.
D. Development" means any activity upon the land consisting of construction or alteration
of structures, earth movement, dredging, dumping, grading, filling, driving of piles,
drilling operations, bulkheading, clearing of vegetation, or other land disturbance.
Development includes the storage or use of equipment or materials inconsistent with the
existing use. Development also includes approvals issued by the City that binds land to
specific patterns of use, including zoning changes, conditional use permits, and binding
site plans. Development activity does not include the following activities:
1. Interior building improvements.
2. Exterior structure maintenance activities, including painting and roofing.
3. Routine landscape maintenance of established, ornamental landscaping, such as
lawn mowing, pruning and weeding.
4. Maintenance of the following existing facilities that does not expand the affected
areas: individual utility service connections; and individual cemetery plots in
established and approved cemeteries.
E. "Engineer" means a professional civil engineer, licensed by and in good standing in the
State of Washington.
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F. "Erosion" means the wearing away of the land or ground surface by the action of wind,
water, ice, gravity, or any combination thereof.
G. "Exotic" means any species of plant or animal that are not native to the area.
H. "Frequently flooded areas" means lands in the floodplain subject to a one percent or
greater chance of flooding in any given year (the 100 -year storm flood). These areas
include but are not limited to streams, rivers, lakes, coastal areas, wetlands, and the like.
I. "Historic Condition" means the condition of the land, including flora, fauna, soil,
topography, and hydrology that existed before the area and vicinity were developed or
altered by human activity.
J. "Hydraulic project approval (HPA)" means a permit issued by the state Department of Fish
and Wildlife for modifications to waters of the state in accordance with Chapter 75.20
RCW.
K. "Indigenous" means any species of plant or animal native to an area. Not introduced.
L. "Infiltration" means the downward entry of water into the immediate surface of soil.
M. "Joint Aquatic Resource Permits Application (JARPA)" means a single application form
that may be used to apply for hydraulic project approvals, shoreline management permits,
Department ofNatural Resources use authorization, and Army Corps of Engineers permits.
N. "Land- disturbing activity" means any use of the land that results in:
L change in the natural cover or topography that exposes soils or
2. may cause or contribute to erosion or sedimentation.
This does not include nondestructive vegetation trimming.
O. "Marine bluffs" means coastal features that resulted from wave erosion undercutting
uplands located adjacent to the shoreline, creating vertical cliffs that are an important
source of sediment for coastal drift processes and /or the landforms created by these
processes.
P. "Native" means any species of plants or animals that are indigenous to the area.
Q "Nondestructive vegetation trimming" means the trimming, or pruning of trees, shrubs, or
plants, that does not harm the continued life and health of the plant
R. "Priority Habitats" means habitat types or elements with unique or significant value to one
or more species as classified by the Department of Fish and Wildlife. A priority habitat
may consist of a unique vegetation type or dominant species, a described successional
stage, or a specific structural element.(WAC 173 -26- 020(34).
S. "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 and
includes the Strait of Juan de Fuca.
T. "Qualified professional" means a person with experience and training in the applicable
critical area. A qualified professional must have obtained a B.S. or B.A. or equivalent
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degree in biology, engineering, environmental studies, fisheries, geomorphology, or
related field and two years of related professional work experience.
L A qualified professional for habitats or wetlands must have a degree in biology,
marine biology, wetland biology, habitat ecology.
2. A qualified professional for a geological hazard must be a professional civil
engineer or geologist, licensed in the State of Washington.
3. A qualified professional for tree maintenance and tree pruning must be an arborist
certified by the International Society of Arboriculture.
U. "Topping or tree topping" means the indiscriminate cutting back of tree branches to stubs
or lateral branches that are not large enough to assume the terminal role and is harmful to
the life and health of the plant.
V. "Viewshed enhancement" means the removal or thinning of trees or vegetation to enhance
a view when proposed in ravine and marine bluff buffers so long as such alterations will
not:
L Increase geological hazards such as erosion potential, landslide potential, or seismic
hazard potential;
2. Adversely affect significant fish and wildlife habitat areas;
3. Through thinning, remove more than 30% of the live branches of a tree;
4. Include felling, topping, or removal of trees in critical areas.
Viewshed enhancement does not include nondestructive trimming of vegetation as defined
in this Title.
Section 3. Ordinance 2656, as amended, and Title 15, Environment, shall be
amended by amending Chapter 15.20 PAMC, Environmentally Sensitive Areas Protection,
in its entirety to read as follows:
CHAPTER 15.20
ENVIRONMENTALLY SENSITIVE AREAS PROTECTION
Sections:
15.20.010 Findings of Fact
15.20.020 Purpose.
15.20.030 Definitions.
15.20.040 Applicability.
15.20.050 Permitted Uses.
15.20.060 Submittal Requirements.
15.20.070 Development Standards.
15.20.080 Development Exceptions.
15.20.090 Tracts and Easements.
15.20.100 Securities and Enforcement.
15.20.110 Appeals.
15.20.010 - Findings of Fact. The City Council of the City of Port Angeles hereby finds
that:
A. Development in stream corridors results in:
1. Siltation of streams, which destroys spawning beds, kills fish eggs and
alevins, irritates fish gills, reduces aquatic insect populations, fills stream channels, and causes
flooding;
2. Loss of stream corridor vegetation, which raises stream temperatures,
destabilizes streambanks, causes erosion, removes nutrients by removing source of fallen leaves
and streamside insects, increases sedimentation, and reduces recruitment of large wood debris
necessary for stream structure;
3. Elimination of wildlife and fish habitat. The stream corridor is especially
sensitive and is recognized as being among the most productive terrestrial and aquatic
ecosystems. It usually provides all four of the basic habitat components - water, food, cover and
space. The stream corridor is usually richer in habitat diversity and, consequently, wildlife
diversity and numbers of individuals are higher than in adjoining upland plant communities.
Certain fish and wildlife species are totally dependent on the stream corridor and as uplands are
developed, stream corridors become a place of refuge for many wildlife species;
4. Increased peak flow rates and decreased summer low flow rates of
streams, resulting in negative impacts to the physical and chemical requirements critical for
sustained fish populations;
5. Stream channelization, which increases current velocity and bank erosion,
removes critical fish rearing and spawning habitat, and reduces habitat diversity and simplifies
the biotic community;
6. Piping of streamflow and crossing of streams by culverts, which increases
potential for downstream flooding, reduces migratory fishery range and, therefore, fish
populations, removes habitat, and eliminates the biotic community; and
7. Construction near or within streams, which adversely impacts fish and
wildlife by destroying habitat and degrading water quality and increases potential for flooding,
property damage, and risk to public health, safety, and welfare.
B. Development of geological (erosion hazard, landslide hazard, seismic hazard)
hazard areas results in:
1. Potential threat to the health and safety of residents and employees of
businesses within the City;
2. Potential damage or loss to public and private property within the City;
3. Potential degradation of water quality and the physical characteristics of
waterways due to increased sedimentation;
4. Potential losses to the public as a result of increased expenditures for
replacing or repairing public facilities; providing publicly funded facilities to reduce or eliminate
potential hazards to life and property; providing emergency rescue and relief operations; and
from potential litigation resulting from incompatible development in these areas.
C. Development of fish and wildlife habitat areas results in:
1. Losses in the numbers and varieties of aquatic and terrestrial wildlife
species;
2. Loss of streamside vegetation that increases erosion and sedimentation,
and reduces the quality of water resources;
3. Loss of opportunities for outdoor recreation such as hunting, fishing, bird -
watching, sightseeing and similar activities;
4. Loss of economic opportunities in forestry, fisheries, shellfish and tourism
industries;
5. Loss of opportunities for scientific research and education.
D. Development of locally unique land features (ravines, marine bluffs, beaches)
results in:
1. Disruption of the natural functioning of region surface drainage systems
and the aquatic and terrestrial wildlife that depend on this habitat;
2. Increased threat to life and property as a consequence of exposure to
geologic hazards and flooding;
3. Disruption of natural longshore drift processes that help maintain Ediz
Hook and Port Angeles Harbor;
4. Destruction of natural greenbelts that serve to enhance the visual character
of the community and serve as "community separators" that reduce the perceived degree of
urbanization;
5. Loss of opportunities for trail systems and other forms of passive
recreation.
15.20.020 - Purpose. Surface streams and flood hazards, geologic hazards (erosion,
landslide, seismic), fish and wildlife habitat areas, locally unique features (ravines, marine bluffs,
beaches) and required buffers constitute environmentally sensitive areas that are of special
concern to the City of Port Angeles. The purpose of this Chapter is to protect the
environmentally sensitive resources of the Port Angeles community as required by the Growth
Management Act and as provided in the Guidelines promulgated by the State of Washington.
Accordingly, the intent of this Chapter is to use a functions and values approach and establish
minimum standards for development of properties which contain environmentally sensitive
features and to protect the public health, safety, and welfare in regard to environmentally
sensitive areas by:
A. Avoiding disturbance of these areas;
B. Mitigating unavoidable impacts;
C. Protecting from impacts of development by regulating alterations;
- 12-
D. Protecting the public from personal injury, loss of life or property damage due
to flooding, erosion, landslides, seismic events, or soil subsidence;
E. Protecting against publicly financed expenditures in the event environmentally
sensitive areas are misused, which causes:
1. Unnecessary maintenance and replacement of public facilities;
2. Publicly funded mitigation of avoidable impacts;
3. Cost for public emergency rescue and relief operations where the causes
are avoidable; or
4. Degradation of the natural environment;
F. Protecting the public trust in navigable waters and aquatic resources;
G. Preventing adverse impacts to water availability, water quality and streams;
H. Protecting unique, fragile, and valuable elements of the environment, including
wildlife and its habitat;
I. Alerting appraisers, assessors, owners, potential buyers, or lessees to the
development limitations of environmentally sensitive areas;
J. Providing City officials with sufficient information to adequately protect
environmentally sensitive areas when approving, conditioning, or denying public or private
development proposals; and
K. Implementing the policies of the State Environmental Policy Act, Chapter 43.21 C
RCW; the City of Port Angeles Comprehensive Plan; this Chapter of the Port Angeles Municipal
Code; and all updates and amendments, functional plans, and other land use policies formally
adopted or accepted by the City of Port Angeles.
L. Provide protection of environmentally sensitive areas for a period until the City
can complete more detailed studies of the environmentally sensitive areas within the City and
adopt a comprehensive set of policies pertaining to protection of environmental resources and
amend regulations which implement the policies.
15.20.030 - Definitions. In addition to definitions contained in Chapter 15.02, the
following definitions shall apply. Where definitions exist in both 15.02 and 15.20.030, the
definitions in 15.20.030 shall apply.
A. "Beaches and associated coastal drift process areas" means the areas that
encompass marine shorelines which contain important sites of material supply, transport and
deposition that define the present landforms and natural character of the Port Angeles shoreline.
B. "Buffer" means an undisturbed area adjacent to an environmentally sensitive
feature area that is required to permanently remain in an undisturbed and untouched condition
protect or enhance the environmentally sensitive features area and is considered part of the
environmentally sensitive area. No building, clearing, grading, or filling is permitted, except for
minor maintenance necessary to protect life and property. A buffer is different than a setback.
C. "Clearing and Grading Permit" means the written permission of the City to the
applicant to proceed with the act of clearing, grading, filling, and /or drainage which could disturb
the land surface.
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11
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moans actions pelt�fined to plavl
luau
. Creation" means actions p ronally ablish of cxpaild a1�
If
D. "Critical areas" . • ' . : • . means any of the
following areas, environmentally sensitive areas as defined and described in Chapter 15.20,
wetlands as defined and described in Chapter 15.24, shorelines, beaches and associated coastal
drift processes as described in Chapter 15.08 and the Port Angeles Shoreline Master Program
and their associated buffers-.
1 Wetlands;
2 Stleams or sticam earlldurs,
3 Frcqucntly floodcd areas;
eolagieally lazardous areas.
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c. ueacires -a assottatcct coastal ann pro cesscs.
"Environmentally sensitive areas" means any of the following areas and their
associated buffers:
1.
2.
3.
4.
Aquifer Recharge Areas
Streams or stream corridors;
Frequently flooded areas;
Geologically hazardous areas:
a. Erosion hazard areas,
b. Landslide hazard areas,
c. Seismic hazard areas;
5. Habitat areas for priority species and species of concern and
6. Locally unique features:
a. Ravines;
b. Marine bluffs;
c. Beaches and associated coastal drift processes.
F. "Erosion hazard areas" means those areas containing soils which, according to
the United States Department of Agriculture Soil Conservation Service Soil Classification
System, may experience severe to very severe erosion.
- 14-
HG. "Functions and Values" means the natural processes and intrinsic environmental
benefits offered by an environmentally sensitive feature. As examples, a function and an
associated environmental value of a marine bluff is to provide materials to shorelines and thereby
maintain beaches and spits from erosion, and a function and an associated environmental value
of a stream is to provide water that in turn insures the survival of a diversity of flora and fauna.
.11-1. "Geologically hazardous areas" means areas that because of their susceptibility
to erosion, sliding, earthquake, or other geological event, are not suited to siting commercial,
residential, or industrial development consistent with public health or safety concerns.
�I. "Habitats of local importance" means a seasonal range or habitat element with
which a given species has a primary association, and which, if altered, may reduce the likelihood
that the species will maintain and reproduce over the long -term. These might include areas of
high relative density or species richness, breeding habitat, winter range, and movement corridors.
These might also include habitats that are of limited availability or high vulnerability to
alteration, such as cliffs, talus, and wetlands.
J. "Habitat Area for Priority Species and Species of Concern" ( "Priority species and
Species of Concern Habitat ") means habitat supporting:
1. fish and wildlife species that are designated by the State to be of concern
due to their population status and their sensitivity to habitat alteration; and
2. recreationally important species for which the maintenance of a stable
population and surplus for recreation may be affected by habitat loss or change.
K. "Historic Condition" means the condition of the land, including flora, fauna, soil,
topography, and hydrology that existed before the area and vicinity were developed or altered
by human activity.
K.
L. "Landslide hazard areas" means areas potentially subject to risk of mass
movement due to a combination of geologic, topographic, and hydrologic factors. The following
areas are considered to be subject to landslide hazards:
1. Areas of historic failures or potentially unstable slopes, such as areas
mapped within Soils Conservation Service Slide Hazard Area Studies; as unstable by the 1978
Coastal Zone Atlas; and as quaternary slumps, earthflows, mudflows, lahars, or landslides on
maps published by the United States Geological Survey or Department of Natural Resources
Division of Geology and Earth Resources.
2. Any area with a combination of:
a. slopes fifteen percent (15 %) or steeper, and
b. impermeable soils (typically silt and clay) frequently interbedded with
granular soils (predominantly sand and gravel); and,
c. springs or ground water seepage.
3. Any area potentially unstable as a result of rapid stream incision, stream
bank erosion (e.g. ravines) or under - cutting by wave action (e.g. marine bluffs).
4. Areas of potential failure due to over steepening of the slope beyond the
in -place soil's ability to resist sliding (slope exceeds angle of repose).
- 15 -
M. "Locally unique features" means landforms and features that are important to the
character of the City of Port Angeles and the adjoining Port Angeles Urban Growth Area. These
features or landforms usually contain more than one environmentally sensitive area or "critical
area ". Locally unique features in the Port Angeles region include ravines, marine bluffs, and
beaches and associated coastal drift processes.
ON. "Mitigation" means taking measures including avoiding, minimizing, and
compensating for adverse impacts to an environmentally sensitive area and should be taken in
the following order of preference and may include a combination of these measures:
1. Avoiding the impacts altogether by not taking a certain action or parts of an
action but still accomplishing the objective of the proposed action;
2. Minimizing the impacts by limiting the degree or magnitude of an action, by
using appropriate technology and best management practices, or by taking affirmative action to
reduce impacts;
3. Rectifying the impacts of an action by repairing, rehabilitating, or restoring
the affected environment;
4. Reducing or eliminating the impacts over time by preservation and
maintenance operations during the life of an action;
5. Compensating for the impacts by restoring, enhancing, providing substitute
resources, or creating new environments; and
6. Monitoring the impacts and the mitigation and taking appropriate corrective
measures.
pI nit acid does iiut cAt,OSC t1it.. ace
"D..: 'W. 1_e1 • It
at Uonccrn l lat,itat" means llal,itat supporting. (a)
O . "Riparian habitat" means areas adjacent to aquatic systems with flowing water
that contains elements of both aquatic and terrestrial ecosystems that mutually influence each
other. The width of these areas extends to that portion of the terrestrial landscape that directly
influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients,
organic and inorganic debris, terrestrial insects, or habitat for riparian aquatic and terrestrial -
associated wildlife. Widths shall be measured from the ordinary high water mark or from the
top of bank if the ordinary high water mark cannot be identified. It includes the entire extent of
- 16 -
the flood plain and the extent of vegetation adapted to wet conditions as well as adjacent upland
plant communities that directly influence the stream system. Riparian habitat areas include those
riparian areas severely altered or damaged due to human development activities.
PP. "Seismic hazard areas" means areas subject to severe risk of damage as a result
of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, or surface
faulting. These conditions occur in areas underlain by cohesionless soils of low density usually
in association with a shallow groundwater table.
UQ. "Setback" means the minimum distance for any use, structure or building from
a hazard area as required by a qualified expert as identified in PAMC 15.20.060(B)(4)(b) to
protect safety for occupants of a development and /or users of a site.
¥R. "Stream corridor" means variable width planning area defined by the type of
stream or watercourse, or from the top of the bank or dike. Stream corridors include both year -
round and seasonal waterways, but vary in width depending on the rating of the stream. If the
stream or watercourse is contained within a ravine, the stream corridor may be established using
the Locally Unique Feature Corridor.
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15.20.040 - Applicability. This Section establishes regulations for the protection of areas
which are environmentally sensitive. Areas listed, identified, classified, or rated as
environmentally sensitive are those which are or may become designated environmentally
sensitive by the City of Port Angeles Comprehensive Plan or by separate studies which indicate
that an area is environmentally sensitive. A site specific analysis which indicates that any
element regulated by this Chapter is present will result in an area being classified as
environmentally sensitive.
A. All development proposals, including enhancement projects, in environmentally
sensitive areas shall comply with the requirements and provisions of this Chapter.
Responsibility for administration and enforcement of the provisions of this Chapter shall rest
with the Planning Director or the Director's designee.
B. For the purposes of this Chapter, development proposals include proposals which
require any of the following: building permit, clearing and grading permit, shoreline substantial
development permit, shoreline conditional use permit, shoreline variance, shoreline
environmental redesignation, conditional use permit, zoning variance, zone reclassification,
planned residential development, subdivision, short subdivision, or any other land use approvals
required by ordinance of the City of Port Angeles or the Revised Code of Washington. Where
possible, the City shall attach conditions to development proposals or combine permit decisions
to ensure compliance with this Chapter while alleviating duplicate permit decisions.
C. When any provision of any other City ordinance conflicts with this Chapter, that
which provides the greatest protection to environmentally sensitive areas shall apply unless
specifically provided otherwise in this Chapter.
D. This Chapter applies to all environmentally sensitive areas located on or adjacent
to properties within the jurisdiction of the City of Port Angeles. Specific environmentally
sensitive features (streams, ravines, marine bluffs, beaches) shall be defined and designated as
- 17 -
set forth below. The approximate distribution and extent of environmentally sensitive areas in
the City are displayed on the following series of maps on file with the City of Port Angeles
Planning Department:
1. Wetland and Hydric Soil Composite Map, as promulgated pursuant to the
City's Wetlands Protection Ordinance, Chapter 15.24 PAMC.
2. Environmentally Sensitive Areas Composite Maps, which shall be
prepared and revised as necessary from time to time by the Planning Director or his designee in
accordance with this Chapter. These maps are to be used as a guide to the general location and
extent of environmentally sensitive areas. The maps shall be used to alert the public and City
officials of the potential presence of environmentally sensitive areas on -site or off -site of a
development proposal. Given the generalized nature of these maps and recognizing that
environmentally sensitive areas are a dynamic environmental process, the actual presence and
location of environmentally sensitive areas, as determined by qualified professional and technical
scientists, shall be established and protected in accordance with all the provisions of this Chapter,
which shall govern the treatment of proposed development sites. In the event that any of the
environmentally sensitive areas shown on the maps conflict with the criteria set forth in this
Chapter, the criteria shall control.
E. The exact location of the boundary of an environmentally sensitive area shall be
determined through the performance of a field investigation applying the definitions and criteria
provided in this Chapter. A giQualified professional . i shall perform
delineations of environmentally sensitive area boundaries. For example, in areas where a Class
II or Class III Landslide Hazard is suspected, a geotechnical study would be required to
specifically identify the nature and extent of the potential hazard. The Planning Director of
Community Development, as assisted by other City officials, has final responsibility for the
accuracy of the submitted information. The applicant may be required to show the location of
the environmentally sensitive area boundary on a scaled drawing as a part of a City permit
application.
The Planning Director of Community Development may require the delineation
of the environmentally sensitive area boundary by • • .. qualified
professionals retained by the applicant. Alternatively, the Planning Director may retain qualified
professional scientists and technical experts or other experts as needed to perform the
delineation, in which event the applicant will be charged for the costs incurred in accordance
with the provisions of this Chapter.
Where the Planning Director of Community Development performs approves an
environmentally sensitive area delineation, such delineation shall be considered a final
determination unless appealed to the Port Angeles City Council.
Where the applicant's beientists andh,i eAp . i tb qualified professionals have
provided a delineation of the environmentally sensitive area 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 a qualified professional to render a final delineation.
Decisions of the Planning Director in applying this Chapter may be appealed to
the City Council per Section 15.20.110 of this Chapter.
15.20.050 - Permitted Uses and Development Restrictions.
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A. Permitted Uses Uses permitted on properties which contain an area classified as
environmentally sensitive shall be the same as those permitted in the underlying zone. Each use
shall be evaluated in accordance with the review process required for the proposed use in the
underlying zone in conjunction with the requirements of this Chapter, State and Federal
regulations. Nothing in this Chapter is intended to preclude reasonable use of property. If an
applicant feels that the requirements of this Chapter as applied to a specific lot or parcel of land
do not permit a reasonable use of property, the applicant may request that the Planning Director
make a determination as to what constitutes reasonable use of such property. Any decision of
the Planning Director in making such a determination shall be subject to the appeal provisions
set forth in Section 15.20.110 of this Chapter, and the burden of proof in such an appeal shall be
upon the appellant to prove that the determination of reasonable use made by the Planning
Director is incorrect.
B. Development Restrictions.
1. The following environmentally sensitive areas shall remain undisturbed
except as otherwise provided in Section 15.20.080, Development Exceptions:
a. Significant and important wetlands and their buffers, pursuant to the
regulations presented in the City's Wetlands Protection Ordinance, Chapter 15.24 PAMC.
b. Surface Streams and their buffers, pursuant to Section 15.20.070 ofthis
Chapter.
c. Ravines, marine bluffs and their buffers, pursuant to Section 15.20.070
of this Chapter.
d. Beaches and associated coastal drift processes pursuant to Section
15.20.070 of this Chapter.
2. All other environmentally sensitive areas identified above in PAMC
15.20.030E are developable pursuant to the provisions of Section 15.20.070 of this Chapter. The
applicant shall clearly and convincingly demonstrate to the satisfaction of the Planning Director
that the proposal incorporates measures pursuant to this Chapter which adequately protect the
public health, safety and welfare. (Ord. 2979 §1 (part), 2/13/98; Ord. 2656 §1 (part), 11/29/91.)
15.20.060 - Submittal Requirements and Support Information Required.
A. Submittal Requirements Applications for land uses or developments proposed
within areas listed, identified, inventoried, classified, rated, or otherwise determined to be
environmentally sensitive or which have been so determined by the Planning Director of
Community Development based upon a site specific analysis or such other information supplied
which supports the finding that a site or area is likely to contain environmentally sensitive
characteristics, shall be filed with all the information requested on the application forms
available from the Planning Dt-parttncnt Division. The Planning Director of Community
Development may waive specific submittal requirements determined to be unnecessary for
review of a specific application type. The applicant shall provide the information necessary for
the Planning DepartiiiLul Division to determine if and to what extent the site contains
environmentally sensitive characteristics. The Planning Director of Community Development
shall make the determination to classify an area as environmentally sensitive pursuant to the
procedures set forth in PAMC 15.20.040E.
B. Supporting Information Required. All land uses and developments proposed in
an area listed, identified, inventoried, classified, or rated as environmentally sensitive shall
include supporting studies, prepared to describe the environmental limitations of the site. No
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construction activity, including clearing or grading, shall be permitted until the information
required by this Chapter is reviewed and approved by the City as adequate. Special
environmental studies shall include a comprehensive site inventory and analysis, a discussion
of the potential impacts of the proposed development, and specific measures designed to mitigate
any potential adverse environmental impacts of the applicant's proposal, both on -site and off -site,
as follows:
1. A description of how the proposed development will or will not impact
each of the following;
a. Erosion hazards;
b. Landslide hazards;
c. Seismic hazards;
d. Drainage, surface and subsurface hydrology, and water quality;
e. Flood prone areas;
f. Existing vegetation as it relates to steep slopes, soil stability, and
natural habitat value (for wetlands, refer to Chapter 15.24 PAMC);
g. Locally unique landforms: ravines, marine bluffs, beaches and
associated coastal drift processes;
2. Recommended methods for mitigating identified impacts and a description
of how these mitigating measures may impact adjacent areas.
3. Any additional information determined to be relevant by the City or by
the professional consultant who prepared the study.
4. Such studies shall be prepared with assistance by experts qualified
professionals in the area of concern, which at a minimum shall include the following types of
experts:
a. Flood hazard areas: Professional Civil Engineer licensed by the State
of Washington;
b. Erosion Hazard Areas, Landslide Hazard Areas, and Seismic Hazard
Areas: Geologist and /or CivilGeotLclmical Engineer with Geotechnical expertise;
c. Wetlands: Biologist with wetlands ecology expertise;
d. Streams, Rivers, Riparian Areas, Drainage Corridor, Ravine: Geologist
or Civil6eot Engineer with Geotechnical expertise;
e. Marine Bluffs, Beaches: Geologist, or CivilGeoLchuical Engineer
with Geotechnical expertise, or Oceanographer;
f. Fish and Wildlife Habitats: Biologist with freshwater and /or marine
habitat ecology expertise.
C. Environmentally sensitive area Reports - Requirements
1. Prepared by qualified professional. The applicant shall submit an
environmentally sensitive area report prepared by a qualified professional as defined herein.
2. Incorporating best available science. The environmentally sensitive area
report shall use scientifically valid methods and studies in the analysis of environmentally
sensitive area data and field reconnaissance and reference the source of science used. The
environmentally sensitive area report shall evaluate the proposal and all probable impacts to
environmentally sensitive areas in accordance with the provisions of this Title.
3. Minimum report contents. At a minimum, the report shall contain the
following:
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a. The name and contact information of the applicant, a description of the
proposal, and identification of the permit requested;
b. A copy of the site plan for the development proposal showingi
i. Identifies environmentally sensitive areas, buffers, and the
development proposal with dimensions;
ii. Limits of any areas to be cleared; and a description of the proposed
stormwater management plan for the development and consideration of impacts to drainage
alterations;
c. The dates, names, and qualifications of the persons preparing the report
and documentation of any fieldwork performed on the site;
d. Identification and characterization of all environmentally sensitive
areas, wetlands, water bodies, and buffers adjacent to the proposed project area;
e. A statement specifying the accuracy of the report, and all assumoptions
made and relied upon;
f. An assessment of the probable cumulative impacts to environmentally
sensitive areas resulting from the proposed development;
g_ An analysis of site development alternatives:,
h. A description of reasonable efforts made to apply mitigation
sequencing pursuant to Mitigation Sequencing [Section 15.20.080(I)(3)(d)] to avoid, minimize,
and mitigate impacts to environmentally sensitive areas;
i. Plans for adequate mitigation, as needed, to offset any impacts, in
accordance with Mitigation plan requirements [Section 15.20.080(I)(3)], including, but not
limited to:
i. The impacts of any proposed development within or adjacent to
a environmentally sensitive area or buffer on the environmentally sensitive area; and
ii. The impacts of any proposed alteration of a environmentally
sensitive area or buffer on the development proposal, other properties and the environment;
L A discussion of the performance standards applicable to the
environmentally sensitive area and proposed activity;
k. Financial guarantees to ensure compliance; and
1. Any additional information required for the environmentally sensitive
area as specified in the corresponding Chapter.
4. Unless otherwise provided, a environmentally sensitive area report may
be supplemented by or composed, in whole or in part, of any reports or studies required by other
laws and regulations or previously prepared for and applicable to the development proposal site,
as approve by the Director of Community Development.
Environmentally sensitive area Report - modifications to requirements
1. Limitations to study area. The Director of Community Development may
limit the required geographic area of the environmentally sensitive area report as appropriate if:
a. The applicant, with assistance from the City cannot obtain permission
to access properties adjacent to the project area; or
b. The proposed activity will affect only a limited part of the subject site.
2. Modifications to required contents. The applicant may consult with the
Director of Community Development prior to or during preparation of modification to the
required contents of the report where, in the judgment of a qualified professional, more or less
- 21 -
information is required to adequately address the potential environmentally sensitive area
impacts and required mitigation.
3. Additional information may be required. The Director of Community
Development may require additional information to be included in the environmentally sensitive
area report when determined to be necessary to the review of the proposed activity in accordance
with this Title. Additional information that may be required, includes, but is not limited to:
a. Historical data, including original and subsequent mapping, aerial
photographs, data compilations and summaries, and available reports and records relating to the
site or past operations at the site,
b. Grading and drainage plans; and
c. Information specific to the type, location, and nature of the
environmentally sensitive area.
€E. City Review.
1. The City may in some cases retain consultants at the applicant's expense
to assist the review of studies outside the range of staff expertise.
2. All environmentally sensitive studies shall be prepared under the
supervision of the City. The Planning Director of Community Development will make the final
determination on the adequacy of these studies.
15.20.070 - Development Standards.
A. Streams. All areas falling within the corridors identified in the following
subsection are subject to the requirements of this Chapter.
1. Stream Corridors. This subsection defines corridor dimensions for
different classes of streams and their tributaries as rated pursuant to WAC 222 -16 -020 and -030.
All areas falling within a corridor are subject to review under this Chapter unless excluded by
the Planning Director of Community Development. Dimensions are measured from the seasonal
high water mark or elevation of the stream or watercourse as follows:
Type 1 250 feet;
Type 2 250 feet;
Type 3 150 feet;
Type 4 100 feet;
Type 5 none.
Should the stream be located within a ravine, the greater dimension of either the stream corridor,
or the ravine corridor, will be used to define areas subject to the requirements of this Chapter.
2. Stream Buffers. Any development or construction adjacent to a stream
shall preserve a buffer which is wide enough to maintain the natural hydraulic and fish and
wildlife habitat functions of that stream. The following buffers of undisturbed native vegetation
shall be provided for different classes of streams and their tributaries as rated pursuant to WAC
222 -16 -020 and -030. Dimensions are measured from the ordinary high water mark or elevation
of the stream or watercourse, or from the top of the bank or dike:
Type 1 100 feet
Type 2 100 feet
Type 3 75 feet
Type 4 50 feet
Type 5 none.
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3. Stream corridors and buffers shall be increased to include streamside
wetlands which provide overflow storage for stormwaters, feed water back to the stream during
low flows or provide shelter and food for fish.
4. Additional Buffers. The Planning Director of Community Development
may require either additional native vegetation or increased buffer sizes when environmental
information indicates the necessity for additional vegetation or greater buffers in order to achieve
the purposes of this Chapter. In cases where additional buffers are not feasible, the I'la�mi�ig
Director of Community Development may require the applicant to undertake alternative on -site
or off -site mitigation measures, including but not limited to a financial contribution to projects
or programs which seek to improve environmental quality within the same watershed.
B. Locally Unique Feature - Ravines, Marine Bluffs and Beaches and Associated
Coastal Drift Processes. All areas falling within the corridors identified in the following
subsection are subject to the requirements of this Chapter.
1. Locally Unique Feature Corridors: The following corridors, as measured
from the top of ravines, the top and toe of marine bluffs, and beaches, define areas subject to the
requirements of this Chapter, unless excluded by the Planning Director of Community
Development:
Ravines 200 feet;
Marine Bluffs 200 feet;
Beaches and Associated
Coastal Drift Processes Shoreline Management Jurisdiction.
Should locally unique feature corridors also overlay stream corridors, the criteria of this Section
will be used.
2. Buffers. The following buffers of undisturbed vegetation shall be
established from the top of ravines; the top and toe of marine bluffs and ravines:
Ravines 25 feet;
Marine Bluffs 50 feet;
Beaches and Associated
Coastal Drift Processes Per the City's Shoreline Master Program as adopted
by PAMC 15.08.040.
3. Undisturbed buffers adjoining both marine bluffs and beaches shall be
sufficient to assure that natural coastal drift processes will remain unimpaired.
4. Buffer Reduction. The buffer may be reduced when expert verification
and environmental information demonstrate to the satisfaction of the Planning Director of
Community Development that the proposed construction method will:
a. Not adversely impact the stability of ravine sidewalls and bluffs;
b. Not increase erosion and mass movement potential ofravine sidewalls
and bluffs;
c. Use construction techniques which minimize disruption of the existing
topography and vegetation; and
d. Include measures to overcome any geological, soils and hydrological
constraints of the site.
5. Additional Buffers. The Panning Director of Community Development
may require either additional native vegetation or increased buffer sizes when environmental
information indicates the necessity for additional vegetation or greater buffers in order to achieve
the purposes of this Chapter. In cases where additional buffers are not feasible, the Planning
- 23 -
Director may require the applicant to undertake alternative on -site or off -site mitigation
measures, including but not limited to a substitute fee per Section 15.20.080(I)(2)(C) for projects
or programs which seek to improve environmental quality within the same watershed.
6. Viewshed enhancement. In ravine and marine bluffbuffers, the Planning
Director of Community Develoment may approve alterations in vegetation coverage for the
purposes of vewshed enhancement, so long as such alterations will not:
a. will-not increase geological hazards such as erosion potential, landslide
potential, or seismic hazard potential. or-
b. will not adversely affect significant fish and wildlife habitat areas„--and
c. remove by thinning more than 30% of the live crown of a tree.
d. include felling, topping, or removal of trees.
. 1 1 •
1 .
• . •
po iai.
The landowner shall replace any trees that are felled or topped with new
trees at a ratio of two trees for each tree felled or topped (2:1) within one (1) year in accordance
with an approved restoration plan. Tree species that are native and indigenous to the site and a
minimum caliper of two (2) inches shall be used.
C. Geological Hazard (Erosion, Landslide, Seismic) Areas. Areas containing or
adjacent to geological hazard areas shall be altered only when the Planning Director concludes,
based on environmental information, the following:
1. For Landslide hazard areas:
a. That the land clearing, grading or filling activities will adhere to the
best management practices.
b. That the vegetation in erosion hazard areas will be preserved or
replaced.
2. There will be no increase in surface water discharge or sedimentation to
adjacent properties;
a. There will be no decrease in slope stability on adjacent properties; and
b. Either:
i. There is no hazard as proven by evidence of no landslide activity
in the past in the vicinity of the proposed development and a quantitative analysis of slope
stability indicates no significant risk to the development proposal and adjacent properties;
ii. The landslide hazard area can be modified or the development
proposal can be designed so that the landslide hazard is eliminated or mitigated so that the site
is as safe as a site without a landslide hazard; or
iii. The alteration is so minor as not to pose a threat to slope stability.
3. For Seismic hazard areas:
a. There is no actual hazard based on a lack of seismic activity in the past
in the area of the development proposal, and a quantitative analysis of potential for seismic
activity indicates no significant risk to the development proposal; or
b. The development proposal can be designed so that it will minimize any
risk of harm from seismic activity to public health, safety or welfare on or off the site.
c. Construction on artificial fills is certified by a geote■-hnical /civil
engineer with geotechnical expertise as safe from earthquake damage as a similar development
not located on artificial fill. This requirement may be waived for actions involving minor
- 24 -
changes, alterations or additions to developed properties, provided that such activities do not
jeopardize public health, safety or welfare on or off the site.
4. Geological Hazard Area Setbacks: In the event that it is determined that
a geological hazard area is unstable and cannot be safely developed and must remain as
permanent open space, setbacks from hazard areas shall be required as necessary to mitigate
erosion, landslide, and seismic hazards, or as otherwise necessary to protect the public health,
safety, and welfare of the occupants of a development and /or the users of a site and shall be
determined by qualified vcpeits professionals as prescribed in PAMC 15.20.060(B)(4).
D. Priority Species and Species of Concern Habitat Areas. To protect the habitat of
species which are designated by the State to be priority species or species of concern and thereby
maintain and increase their populations, priority species and species of concern habitat areas
shall be subject to the following:
1. When a development proposal contains a priority species or species of
concern habitat, the applicant shall submit a habitat management plan. The need for a Habitat
Management Plan should be determined during State Environmental Policy Act (SEPA) review
of the proposal. The habitat management plan should identify how the impacts from the
proposed project will be mitigated. Possible mitigation measures should include, but are not
limited to: (a) establishment of buffer zones; (b) preservation of critically important plants and
trees, (c) limitation of access to habitat area, (d) scheduling construction activities to avoid
interference with wildlife and fisheries rearing, resting, nesting or spawning activities; (e) using
best available technology to avoid or reduce impacts; (f) using drainage and erosion control
measures to prevent siltation of aquatic areas; and (g) reducing the size, scope, configuration or
density of the project.
2. Buffer: To retain adequate natural habitat for priority species, buffers shall
be established on a case -by -case basis as described in a habitat management plan.
3. Uses and activities allowed within a priority species or species of concern
habitat area as identified by a habitat management plan shall be limited to low intensity land uses
which will not adversely affect or degrade the habitat and which will not be a threat to the critical
ecological processes such as feeding, breeding, nesting and resting.
E. Frequently Flooded Areas. Development in frequently flooded areas which are
not subject to the standards of other environmentally sensitive areas, including wetlands, will be
directed by Chapter 15.12 "Flood Hazard Areas" of the City of Port Angeles Municipal Code.
F. Limited Density Transfer. The calculation of potential dwelling units in
residential development proposals and allowable floor area in non - residential development
proposals shall be determined by the ratio of developable area to undisturbable environmentally
sensitive area of the development site except as otherwise provided for wetlands in the City's
Wetlands Protection Ordinance, Chapter 15.24 PAMC. The following formula for density and
floor area calculations is designed to provide compensation for the preservation of
environmentally sensitive areas, flexibility in design, and consistent treatment of different types
of development proposals.
1. Formulas. The maximum number of dwelling units (DU) for a site which
contains undisturbable environmentally sensitive areas is equal to:
[(Developable Area) divided by (Minimum Lot Area/DU)] + [(Undisturbable
Area) divided by (Minimum Lot Area/DU) (Development Factor)] = Maximum
Number of Dwelling Units.
- 25 -
The maximum amount of non - residential floor area for a site which contains undisturbable
environmentally sensitive areas is equal to:
[(Maximum Permitted Floor Area/Lot Area)(Developable Area)] + [(Maximum
Permitted Floor Area/Lot Area) (Undisturbable Area) (Development Factor)] =
Maximum Amount of Floor Area.
Environmentally sensitive areas which are to be disturbed shall receive full credit towards
calculating the number of dwelling units or floor area.
2. Development Factor. As used in the preceding Subsection, the
development factor is a number to be used in calculating the number of dwelling units or the
maximum allowable floor area for a site which contains undisturbable environmentally sensitive
areas. The development factor is derived from the following table:
Undisturbable Sensitive Area
as Percentage of Site Development Factor
1 - 10 .30
11 - 20 .27
21 - 30 .24
31 - 40 .21
41 - 50 .18
51 - 60 .15
61 - 70 .12
71 - 80 .09
81 - 90 .06
91 - 99 .03
15.20.080 - Development Exceptions. Exceptions to the development restrictions and
standards set forth in Sections 15.20.050 and 15.20.070 may be permitted by application to the
Planning Director pursuant to the provisions of this Section.
A. Reasonable Use Development Exceptions in Stream and Locally Unique Feature
Corridors.
1. Development Proposals. An applicant may propose a reasonable use
development exception pursuant to the following decision criteria:
a. The proposal is limited to the minimum necessary to fulfill reasonable
use of the property, and there is no other reasonable alternative;
b. The proposal is compatible in design, scale, and use with other
development or potential development in the immediate vicinity of the subject property in the
same zone classification and with similar site constraints;
c. The proposal utilizes to the maximum extent possible the best
available construction, design, and development techniques which result in the least adverse
impact on the environmentally sensitive area or areas;
d. The proposal incorporates all other development standards of Section
15.20.070; and
e. The proposal is consistent with the purpose and intent of this Chapter.
f. When the functions and values of the environmentally sensitive area
will be disrupted, the applicant has prepared a mitigation plan per Subsection I.3.
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2. Minor Additions to and Modifications of Existing Structures. Existing
structures or improvements that do not meet the requirements of this Chapter may be remodeled,
reconstructed or replaced provided that the new construction does not further disturb an
environmentally sensitive area.
3. Previously Altered Environmentally Sensitive Areas. If any portion of
an environmentally sensitive area has been altered from its natural state, the applicant may
propose to develop within the altered area pursuant to the following decision criteria:
a. The environmentally sensitive area was lawfully altered in accordance
with the provisions of this Chapter and any state and federal laws at the time the alteration
occurred;
b. The previous alteration has significantly disrupted the natural functions
and values of the environmentally sensitive area;
c. The new alteration does not further disrupt the natural functions and
values of the environmentally sensitive area;
d. The proposal utilizes to the maximum extent possible the best available
construction, design and development techniques which result in the least adverse impact on the
environmentally sensitive area;
e. The proposal incorporates all other development standards of Section
15.20.070, and
f. The proposal is consistent with the purpose and intent of this Chapter.
4. Vegetation management practices may allow the following;
a. Nondestructive pruning and trimming of vegetation for maintenance
purposes;
enhancement or
b. thinning of limbs of individual trees to provide for viewshed
c. removal of nonnative vegetation and replacement with native
vegetation;
provided, that increased erosion, landslide, or other adverse impacts to the
45. If the Planning Director determines that a reasonable use exception may
be granted, the applicant shall sign a waiver indemnifying the City from any liability due to
damages that could result from location of the development in or near an environmentally
sensitive area.
56. 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.
B. Emergencies. The Planning Director of Community Development may approve
improvements or alterations that are necessary to respond to emergencies that threaten the health
and safety, when he /she determines that no reasonable alternative exists and the benefit
outweighs the loss. Emergencies shall be verified by qualified experts as prescribed in PAMC
15.20.060(B)(4).
C. Drainage Facilities. Streams and their buffers may be altered for use as a drainage
facility provided that all requirements of the City of Port Angeles Stormwater Management Plan
and all other local, state, and federal laws are satisfied, and so long as increased and multiple
natural resource functions are achievable and the benefits outweigh any lost resource. The
Planning Director may approve drainage facilities in a stream only where he /she determines that
- 27 -
long -term impacts are minimal or where there are no practicable or reasonable alternatives and
mitigation is provided.
D. Trails and Trail- Related Facilities. Public and private trails and trail - related
facilities, such as picnic tables, benches, interpretive centers and signs, and viewing platforms
shall be allowed, but use of impervious surface shall be minimized. Trails and trail - related
facilities shall be avoided within stream channels. The Planning Director of Community
Development may approve such trails and facilities only when he /she determines that there is
no practicable or reasonable upland alternative. Trail planning, construction and maintenance
shall adhere to the following additional criteria:
1. Trails and related facilities shall, to the extent feasible, be placed on
existing levies, road grades, utility corridors, or any other previously disturbed areas;
2. Trails and related facilities shall be planned to minimize removal of trees,
shrubs, snags and important wildlife habitat;
3. Trail construction and maintenance shall follow the U.S. Forest Service
"Trails Management Handbook" (FSH 2309.18, June 1987) and "Standard Specifications for
Construction of Trails" (EM- 7720 -102, June 1984) as may be amended, or trail standards
adopted by the City of Port Angeles;
4. Viewing platforms, interpretive centers, picnic areas, benches and access
to them shall be designed and located to minimize disturbance;
5. Trails and related facilities shall provide water quality protection measures
to assure that runoff from them does not directly discharge to wetlands or streams; and
6. Within buffers, trails and trail - related facilities shall be aligned and
constructed to minimize disturbance to stream functions and values.
E. Utilities. Every attempt shall be made to avoid locating utilities within streams.
The Planning director may approve utilities in streams only when he /she determines that there
is no practicable or reasonable upland alternative.
F. Stream Crossings. Stream crossings, whether for access or utility purposes, shall
be avoided to the extent possible; but when necessary due to the lack of feasible alternatives,
crossing of streams shall follow all applicable local, state and federal laws and the following
criteria:
1. Bridges are required for streams which support salmonids, unless
otherwise allowed by the Washington State Department of Fisheries;
2. All crossings using culverts shall use superspan or oversize culverts;
3. Any work within the stream channel shall be constructed and installed
per the requirements of an applicable State hydraulics permit;
4. No work within the stream channel shall occur in salmonid spawning
5. Bridge piers or abutments shall not be placed in either the floodway or
between the ordinary high water marks unless no other feasible alternative placement exists;
6. Crossings shall not diminish flood - carrying capacity;
7. Crossings shall provide for maintenance of culverts, bridges and utilities;
8. Crossings shall serve multiple properties whenever possible.
G. Time Limitation. A development exception automatically expires and is void if
the applicant fails to file for a building permit or other necessary development permit within one
year of the effective date of the development exception, unless either:
areas;
and
- 28 -
1. The applicant has received an extension for the development exception
pursuant to Subsection H of this Section;
2. The development exception approval provides for a greater time period.
H. Time Extension. The Planning Director of Community Development may extend
a development extension, not to exceed one year, if:
1. Unforeseen circumstances or conditions necessitate the extension of the
development exception;
2. Termination of the development exception would result in unreasonable
hardship to the applicant, and the applicant is not responsible for the delay; and
3. The extension of the development exception will not cause adverse
impacts to environmentally sensitive areas.
I. Mitigation. For any allowable development exception provided under this
Section, the following restoration and compensation mitigation measures to minimize and
reduce impacts to environmentally sensitive areas shall be required, and a mitigation plan per
Subsection I.3 of this Section shall be completed and must be approved by the Panning Director
of Community Development prior to development approval:
1. Restoration. Restoration is required when the functions and values of
environmentally sensitive areas have been disrupted by alteration prior to development approval.
2. Compensation. Compensation is required from developers for all
approved alterations to environmentally sensitive areas. Compensation required for specific
development standards shall include, but is not limited to, the following:
a. Streams
i. The applicant shall maintain or improve stream channel
dimensions, including depth, length, and gradient; restore or improve native vegetation and fish
and wildlife habitat; and create an equivalent or improved channel bed, biofiltration and
meandering.
ii. The Planning Director of Community Development may postpone
or limit development, require bonds pursuant to Section 15.20.100, or use other appropriate
techniques to ensure the success of the mitigation plan. The decision of the Planning Director
of Community Development to postpone or limit development may be appealed per Section
15.20.110.
b. Beaches and Coastal Drift Processes
i. The applicant shall restore, enhance, or create the beach and
associated coastal drift processes per the City's Shoreline Master Program as adopted by PAMC.
ii. The Planning Director of Community Development may postpone
or limit development, require bonds pursuant to Section 15.20.100, or use other appropriate
techniques to ensure the success of the mitigation plan. The decision of the Planning Director
of Community Development to postpone or limit development may be appealed per Section
15.20.110.
c. Substitute Fees. In cases where the applicant demonstrates to the
satisfaction of the Planning Director of Community Development that a suitable compensation
site does not exist, the Planning Director of Community Development may allow the applicant
to make a financial contribution to an established environmental project or program. The project
or program must improve environmental quality within the Port Angeles Regional watershed.
The amount of the fee must be equal to the cost of mitigating the impact of stream or shoreline
alteration and must be approved by the Planning Director of Community Development.
- 29 -
3. Mitigation Plans. All restoration and compensation required for
development exceptions shall follow a mitigation plan prepared by qualified experts as
prescribed in PAMC 15.20.060(b)(4) containing the following components:
a. Baseline Information. Quantitative data shall be collected and analyzed
for both the impacted environmentally sensitive area and the proposed mitigation site, if different
from the impacted environmentally sensitive area, following procedures approved by the
Planning Director of Community Development;
b. Environmental Goals and Objectives. Goals and objectives describing
the purposes of the mitigation measures shall be provided, including a description of site
selection criteria, identification of target evaluation species and resource functions;
c. Performance Standards. Specific criteria for fulfilling environmental
goals and objectives, and for beginning remedial action or contingency measures shall be
provided, including water quality standards, species richness and diversity targets, habitat
diversity indices, or other ecological, geological or hydrological criteria.
d. Detailed Construction Plan. Written specifications and descriptions
of mitigation techniques shall be provided, including the proposed construction sequence,
accompanied by detailed site diagrams and blueprints that are an integral requirement of any
development proposal.
e. Monitoring Program. A program outlining the approach for assessing
a completed project shall be provided, including descriptions or proposed experimental and
control site survey or sampling techniques. A protocol shall be included outlining how the
monitoring data will be evaluated by agencies that are tracking the progress of the mitigation
project. A report shall be submitted at least twice yearly documenting milestones, successes,
problems and contingency actions of the restoration or compensation project. The Planning
Director shall require that the applicant monitor the compensation or restoration project for a
minimum of two years.
f. Contingency Plan. A plan shall be provided fully identifying potential
courses of action and any corrective measures to be taken when monitoring or evaluation
indicates project performance standards are not being met.
g. Performance and Maintenance Securities. Securities ensuring
fulfillment of the mitigation project, monitoring program and any contingency measures shall
be posted pursuant to Section 15.20.100.
4. Final Approval. The Planning Director of Community Development shall
grant final approval of a completed restoration or compensation project if the final report of the
project mitigation plan satisfactorily documents that the area has achieved all requirements of
this section.
15.20.090 - Sensitive Area Tracts. As a condition of any permit issued pursuant to this
Chapter, the permit holder may be required to create a separate sensitive area tract or tracts
containing the areas determined to be environmentally sensitive in field investigations performed
pursuant to Subsection 15.20.040(E). Sensitive area tracts are legally created tracts containing
environmentally sensitive features and their buffers that shall remain undisturbed 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 zoning regulations.
- 30 -
A. Legal Protection of Sensitive Area Tracts. When the Planning Director of
Community Development requires the creation of a sensitive area tract as a condition of any
permit issued pursuant to this Chapter, the sensitive area tract or tracts shall be protected by one
of the following methods to be determined by the Planning Director of Community
Development:
1. Easement. 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 of Community Development, an easement for the protection of the environmentally
sensitive area; or
2. Deed Restriction. 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 any 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. 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 ".
3. Additional Note. 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 owners of lots adjoining separate sensitive area tracts identified as
sensitive area 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."
B. Identification of Sensitive Area Tracts. The common boundary between a
separate sensitive area tract and the adjacent land must be permanently identified.
1. Signs. Identification shall include permanent signs available at the
Planning D.ppartin.autDivision on treated or metal posts. Sign locations, wording, and size
specifications shall be approved by the Planning Director of Community Development.
2. Fencing. The Planning Director of Community Development may
require permanent fencing for the purpose of delineating the sensitive area tract or tracts.
C. Maintenance of Sensitive Area Tracts. Responsibility for maintaining sensitive
area tracts shall be held by either the property owner, a homeowners' association, adjacent lot
owners, the permit applicant or designee, or other appropriate entity as approved by the
Planning Director of Community Development.
15.20.100 - Securities and Enforcement.
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A. Performance Securities. The Planning Director of Community Development
may require the applicant of a development proposal to post a cash performance bond or other
acceptable security to guarantee that the applicant will properly construct all structures and
improvements required by this Chapter. The security shall guarantee that the work and
materials used in construction are free from defects. All securities shall be on a form approved
by the Planning Director of Community Development. Until written release of the security, the
security may not be terminated or canceled. The Planning Director shall release the security
upon determining that all structures and improvements have been satisfactorily constructed and
upon the posting by the applicant of a maintenance security if one is required.
B. Maintenance Securities. The Planning Director of Community Development
may require the applicant to post a cash maintenance bond or other acceptable security
guaranteeing that structures and improvements required by this chapter satisfactorily perform
for a minimum of two years. This requirement shall also apply in the case of required
mitigation improvements. All securities shall be on a form approved by the Planning Director.
Until written release of the security, the principal or surety may not be terminated or canceled.
The Planning Director of Community Development shall release the security upon determining
that performance standards established for evaluating the effectiveness and success of the
structures and improvements have been satisfactorily met. The performance standards shall be
approved by the Plane ug Director of Community Development and contained in the mitigation
plan developed and approved during the review process.
C. Renewable Bonds. Any bonds required by this Section may be in the form of
one -year bonds to be renewed as appropriate.
D. Enforcement. Violations of this Chapter shall be subject to the enforcement
provisions of the Port Angeles Municipal Code.
15.20.110 - Appeals.
A. Any person aggrieved by the decision of the ?tanning Director of Community
Development may appeal the decision to the City Council.
B. Appeals shall be submitted to the Planning DL,partmeni1Division in writing within
fourteen (14) days following the date of notification of the decision.
C. The City Council shall conduct an open record public hearing on the appeal of
the Planning Director's decision with notice being given for the time, place, and purpose of the
hearing at least fifteen (15) days prior to the date of the public hearing by publishing in the
City's officially designated newspaper, by posting the subject property in a conspicuous manner,
and by mailing to the latest recorded real property owners within at least 300 feet of the
boundary of the subject site as shown by the records of the County Assessor.
D. The City Council's decision shall be final unless appealed to Clallam County
Superior Court within twenty -one (21) days of such decision.
Section 4. Ordinance 2655, as amended, and Title 15, Environment, shall be
amended by amending Section 15.24 PAMC, Wetlands Protection, in its entirety to read as
follows:
Chapter 15.24
- 32 -
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.
15.24.045 Wetland Functional Assessment.
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 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 services and
ecological .setvie� functions, 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;
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 inany some 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
h. 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;
- 33 -
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;
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 services and ecological services functions provided
by wetlands results in a detriment to public safety and welfare; replacement of such J erviee�
functions, if possible at all, can require considerable public expenditure.
6. A considerable acreage ofthese 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.
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 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
- 34 -
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
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 environmental 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 constraints increase, and avoiding intensive development of
sites with severe environmental constraints;
- 35 -
7. implementing the policies of the Growth Management Act; the State
Environmental Policy Act, Chapter 43.21 C 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. In addition to definitions contained in Chapter 15.02, the
following definitions shall apply. Where definitions exist in both 15.02 and 15.24.020, the
definitions in 15.24.020 shall apply.
hail 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.
raaation taus
y
i �� iuij�a�L� to �tti Iat watvi and gratin clwat . r now,
"Buffer" means an undisturbed area adjacent to a wetland area that is required
to permanently remain in an undisturbed and untouched condition to protect or enhance the
functions of the wetland area and is considered part of the wetland area. A buffer is different
than a setback.
C. "Clearing" means the removal of timber, brush, grass, ground cover, or other
vegetative matter from a site which exposes the earth's surface on the site or results in the loss
of forested areas.
ED. "Compensation project" means actions necessary to replace project- induced
wetland and wetland buffer losses, including land acquisition, planning, construction plans,
monitoring, and contingency actions.
fE. "Compensation" or "Compensatory mitigation" means replacing a form of
mitigation that replaces project- induced wetland losses or impacts, and includes, but is not
limited to, the -- fallowing restoration, enhancement, substitute resources, creation, and
preservation which are defined as follows:
"Resturatian" - Actions pk,rfu
to re- est n ion
Actions perfuimed to piu e k.,Ant���g
- 36 -
1. "Restoration" means actions performed to reestablish wetlands or their
buffer areas functional and value characteristics and processes which have been lost by
alterations, activities, or catastrophic events within an area;
a. Active steps taken to restore damaged wetlands, or their buffers to the
functioning condition that existed prior to an alteration; and
b. Actions performed to reestablish structural and functional
characteristics of wetlands that have been lost by alteration, past management activities, or
catastrophic events.
2. "Enhancement" means actions performed to improve the condition of an
existing environmentally sensitive area so that the functions and values provided are of a higher
quality;
3. "Substitute Resources" means actions performed to provide for an
alternative environmentally sensitive area; or
4. "Creation" means actions performed to intentionally establish or expand
an environmentally sensitive area where it did not formerly exist.
5. "Preservation" means actions taken to ensure the permanent protection
of existing, high - quality environmentally sensitive areas.
E "Cr 'tie aHlal,itat 'Hrreans habitat ncecssary far the survival of endangcrcd,
F.
"Developable Area" means an area of land outside of wetlands and wetland
buffers.
. li.,panment" in cans the Washington Stato D■-pa rtinent of Ecology.
G. "Director" means the Director of Community Development or an authorized
agent of the Director.
II
al ca.
3H. "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 of an ongoing operation. An
operation ceases to be ongoing when the area on which it is conducted is converted to a
nonagricultural 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.
ICI. "Extraordinary hardship" means strict application of this Chaplci Title and /or
programs adopted to implement this Clrapl�i Title by the City of Port Angeles would prevent
all reasonable economic use of the parcel.
- 37 -
MJ. "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, protection from hazards„ and recreation.
These beneficial roles are not listed in order or priority.
NK. "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, residential development greater than seven dwelling units per acre, i uni and higli
• : , ' . : , active recreation, and commercial and industrial land
uses.
9L. "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;
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.
PM. " 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 "I'edcral Manual f 1
Identifying and Delineating Jurisdictional Wetlands" Washington State Department ofEcologv
Wetland Identification and Delineation Manual. For the purposes of identifying wetland u. itical
al ear environmentally sensitive 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.
$N. "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 : : : ' _ . ' Washington
State Department of Ecology Wetland Identification and Delineation Manual.
RO. "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 ".
SP. "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 vegetation between the
wetland and any surface water.
TO. "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, residential
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density of seven or fewer dwelling units per acre, passive recreation, open space, or agricultural
or forest management land uses.
I:}R. "Mitigation" means taking measures including includes avoiding, minimizing,
or compensating for adverse wetland impacts. Mitigation, in the 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;
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.
S. Non - Compensatory Enhancement: Non - compensatory enhancements are those
wetland enhancement projects which are conducted solely to increase the functions and values
of an existing wetland and which are not required to be conducted pursuant to the requirements
of Section 15.24.070(H)(6).
WT. "Off -site compensation" means to replace wetlands away from the site on which
a wetland has been impacted by a regulated activity.
XU. "On -site compensation" means to replace wetlands at or adjacent to the site on
which a wetland has been impacted by a regulated activity.
YV. "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 ".
ZW. "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.
intern 1.10n
ounctaly l�n
twt,cn th
laic of Washington and t
f 1fCL 0 1 LSiiti�
BB-X. "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;
2. The dumping, discharging, or filling with any material;
3. The draining, flooding, or disturbing of the water level or water table;
- 39 -
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
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.
CCY. "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 1524.040D, 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 th
Wetlands" Washington State Department of Ecology Wetland Identification and Delineation
Manual.
DDZ. "Repair or maintenance" means an activity that restores the character, scope, size,
and design of a serviceable area, structure, or land use to its previously authorized and
undamaged condition. Activities that change the character, size, or scope of a project beyond
the original design and drain, dredge, fill, flood, or otherwise alter additional regulated wetlands
are not included in this definition.
"ScruL- shrub wetland" means a legula ith at leapt 30 pCie141t �f 11L
•
•
•
S't11Iace area cov rcCi Vy-wvoay vcg 118r1 1css bran LU r.tt lri 11e1g11t as t11e upp .
FFAA. "Serviceable" means presently usable.
€€BB. "Unavoidable and necessary impacts" are impacts to regulated wetlands that
remain after a person an applicant proposing to alter regulated wetlands has demonstrated that
no additional mitigation measures are practicabl
Essential to fulfill she purpose oftl1e proposLd project.
HCC. "Wetlands ", for the purposes of inventory, incentives, and nonregulatory
programs, means those lands transitional between terrestrial and aquatic systems where the
- 40 -
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.
3JDD. "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.
fEE. "Wetland classes ", "classes of wetlands ", or "wetland types" means
descriptive classes of the wetlands taxonomic classification system ofthe L. Statks Fish a��d
Wildlif1. Service (Cow Washington State Department of Ecolo.gy Wetland
Identification and Delineation Manual. Wetlands include the following classes or types:
1. "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.
2. "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.
3. "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.
4. "Estuarine wetland" means a regulated wetland that consist of or are
adjacent to tidal habitats and are usually semi - enclosed by land but often have open, partly
obstructed, or sporadic access to saltwater, and in which saltwater is at least occasionally diluted
by freshwater runoff from the land. Estuarine systems includes both estuaries and lagoons.
LLFF. "Wetlands permit" means any permit issued, conditioned, or denied specifically
to implement this Chapter.
MMGG. "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
- 41 -
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 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. The exact 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 "Fc al
Mdnitll f.,r IdEntify�
a ng .1 g ictional Wetlands" "Washington State Wetlands
Identification and Delineation Manual ". Publication #96 -94 Washington Department of
Ecology 1997. An applicant for a wetland permit is required under Subsection 15.24.060C3 to
show the location of the wetland boundary on a scaled drawing as a part of the permit
application.
The Planning Director of Community Development 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 of Community
Development's direction, such delineation shall be considered a final determination.
Where the applicant has provided a delineation of the wetland boundary, the
Planning Director of Community Development 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 of Community Development 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.
- 42 -
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 significance. The criteria for such
a designation shall be developed and 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 .24.040D 1 aiii
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.
viii. Wetlands that contain plant, fish or animal species listed as
priority species by the Department of 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 (1) 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 (2) acres in
size, and have only one wetland class and a 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 naturally change thereafter; or as the regulated wetland may change in accordance with
- 43 -
permitted activities. Wetland rating categories 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.
15.24.045 Wetland Functional Assessment
Wetlands functional assessment section is intended to assist in establishing a values based
system for reviewing and approving wetland permit requests and mitigation plans. The wording
will bring the Port Angeles method of wetland protection into closer consistency with the
Clallam County method of evaluations.
Wetlands provide valuable functions in providing and /or facilitating high quality habitat for
plant and animal species. Some of these plants and animals have been classified as endangered,
threatened, or monitored species, either by the federal government or by the State of
Washington. Most of the wetlands in Port Angeles do not provide primary habitat for these
plants or animals; however, all wetland functions facilitate a quality environment in areas that
do provide primary habitat. Water that enters streams, lakes, marine environments or
groundwater eventually impacts habitat. Wetlands function to cleanse and cool those waters,
as well as moderate the rate of flow into larger bodies of water. The functions of wetlands are
discussed in more detail in following section.
Wetlands shall be classified based on hydrology types specified in Table 1 and assessed on
hydrologic functions as specified in Table 2. Wetland functions are also assessed through the
Class I - Class IV as characterized in Section 15.24.040.
Table 1
Classification of Wetland Hydrology Types
Hydrology
Type
Landscape Position
Water
Source **
Water Output*
Type 1
Shallow soils formed on glacial till on hillsides
Perched
Discharges to stream
Type 2
Moderately deep soils found in basins and
drainage ways formed in depressions in glacial
drift on hills
Perched
Initiates streams
Type 3
Very deep soils occurring on basins on low
terraces formed in alluvium (i.e., stream
deposited materials)
Perched
Enclosed basin
Type 4
Wetlands found in depressions associated with
coarse material over glacial till
Unconfined
aquifer
Unconfined aquifer
- 44 -
Type 5
Very deep soils on level terraces and in valleys,
formed in organic material
Unconfined
aquifer
Initiates or
supplements
streamflow
Type 6
Very deep soils on low level tereaces and
floodplains formed in alluvium near marine
shorelines
Unconfined
aquifer, tidally
influenced
Lower reaches of
streams and marine
waters
Type 7
wetlands formed along the margin of surficial
geological units that have a restrictive layer
(i.e., glacial till), where they come into contact
with unrestricted coarse units
Perched or
unconfined
aquifer
Unconfined aquifer
Type 8
Wetlands formed within the floodplain of
streams
Stream
discharges to
wetland
Wetland discharges to
stream
Type 9
Wetlands (e.g., bogs) located in depressions
where water tables are at or near the surface
normally year -round
Precipitation
Evapotranspiration
Type 10
Floodplains underlain by glacial till
Perched
Discharges to stream
Type 11
Wetlands associated with lakes
Lake
Lake
Type 12
Wetlands located along marine shorelines
behind coastal dunes, other land forms or
structures
Marine, tidally
influenced
Marine and
evapotranspiration
*Refers to the factors that control the sources(s) of water to a wetland and where the water goes after
leaving the wetland.
* *Refers to natural wetland hydrology (i.e., does not include hydrologic modifications.)
1.Wetland Hydrologic Functions shall be classified by the effect that classified wetland
hydrology types have on the overall flow and quality of water in the watershed in comparison
to nonwetland areas. For the purposes of this chapter, wetland hydrologic functions are defined
as follows.
a.Floodflow desynchronization. Ability of a wetland to retain/detain floodwaters in the
upper watershed, reducing the severity of flooding and increasing the time of concentration
above that which occurs in adjacent upslope areas.
b.Surface water treatment. This wetland function is significant but not in the context that
wetlands act as the major source of surface water flow. Although some wetlands do provide a
significant amount of surface water to streams and rivers, the impacts are significant due to the
fact that wetlands in contact with surface water flows are capable of treating water quality prior
to its entry into the surface water body.
i.Nutrient removal /transformation opportunity. Ability of a wetland to retain or
transform inorganic phosphorus and /or nitrogen into their organic forms, or transform nitrogen
into its gaseous form on either a net annual basis, or during the growing season.
ii.Sediment /toxicant/bacterial retention. Ability of a wetland to retain suspended
solids and chemical contaminants such s pesticides, pathogens, and heavy metals absorbed by
them, on a net annual basis.
- 45 -
iii.Seawater Intrusion Prevention. Those wetlands which are the boundary between
the unconfined aquifer and the marine environment. Loss of water supply or drainage of
wetlands will likely increase seawater intrusion into estuarine wetlands.
iv.Streamflow/channel maintenance. Wetlands that due to detention or groundwater
discharge supply a significant proportion of streamflow during summer and fall. These areas
regulate the amount and timing of stream energy and therefore are crucial to defining the shape
of stream channels since they largely determine the shape of the hydrograph.
v.Temperature maintenance. Those wetlands that provide thermal refuges during
winter and summer months, due to influence from springs or contact with the unconfined
aquifer. During summer months wetlands with this function are important as fish habitat for
salmonids; during winter months, these wetlands provide waterfowl habitat by maintaining ice -
free conditions.
vi.Water availability. The ability of a wetland through hydrologic continuity to
provide surface water for migratory and resident species based on the timing, duration, and
depth of surface water availability.
c.Groundwater recharge. This wetland function is significant but not in the context that
wetlands act as the major locations of ground water recharge to aquifers. Although some
wetlands do provide a significant amount of ground water recharge, ground water recharge is
significant due to the fact that wetlands in contact with the aquifer are most susceptible to
carrying pollutants to the aquifer. Conversely, ifmanaged properly, such wetlands could assist
in the treatment of pollutants already carried in the aquifer.
i.Nutrient removal /transformation opportunity. Ability of a wetland to retain or
transform inorganic phosphorus and /or nitrogen into their organic forms, or transform nitrogen
into its gaseous form on either a net annual basis, or during the growing season.
ii.Sediment /toxicant/bacterial retention. Ability of a wetland to retain suspended
solids and chemical contaminants such s pesticides, pathogens, and heavy metals absorbed to
them, on a net annual basis.
iii. Seawater Intrusion Prevention. Those wetlands which are the boundary between
the unconfined aquifer and the marine environment. Loss of water supply or drainage of
wetlands will likely increase seawater intrusion to unconfined aquifers supplying drinking water
to coastal inhabitants. The City of Port Angeles has no unconfined aquifers that supply drinking
water to coastal inhabitants.
iv.Streamflow /channel maintenance. Wetlands that due to detention or groundwater
discharge supply a significant proportion of streamflow during summer and fall. These areas
regulate the amount and timing of stream energy and therefore are crucial to defining the shape
of stream channels since they largely determine the shape of the hydrograph.
v.Temperature maintenance. Those wetlands that provide thermal refuges during
winter and summer months, due to influence from springs or contact with the unconfined
aquifer. During summer months wetlands with this function are important as fish habitat for
salmonids; during winter months, these wetlands provide waterfowl habitat by maintaining ice -
free conditions.
vi.Water availability. The ability of a wetland through hydrologic continuity to
provide surface water for migratory and resident species based on the timing, duration, and
depth of surface water availability.
2.Drinking water. Ability of a wetland to recharge, maintain, and /or enhance surface or ground
water resources that yield potable water in sufficient quantities to be economically useful.
- 46 -
Provision of potable water in sufficient quantities to be economically useful is a low priority
within the existing City limits.
Table 2
Assessment of Wetland Hydrologic Functions
Wetland Hydrology Types
Hydrologic Function 1 2 3 4 5 6 7 8 9 10 11 12
Flood storage L L L L L L L H L L H
Floodflow desynchronization L H L L H L L H H H
Streamflow and channel
maintenance
L H N L* H H N
H N
Ground water recharge N N L H N L H H H H H -
Temperature maintenance L H L H H H N L HL L -
Sediment/bacterial removal L H H L H L L H H H' H N
Nutrient removal L H L H H H H H H H H H
Toxicant removal opportunity L HL H H H H H H H H H
Seawater intrusion prevention N N N N N* H N N L N N N
Drinking water L HL H H H H H H L H N
Water availability f o r f i s h H H L L H H HL H H H
Water availability for H H H
amphibians
Water availability for L H H
migratory waterfowl
Water availability for other
wildlife L H H
H
H
h = High functional value
L = performs this function to a limited degree
N = Does not perform function
* = High value if associated with wetland hydrology
3.Wetland Habitat Functions. Wetland landscape functions shall be characterized and assessed
based on existing wetland and adjacent upland conditions, landscape position, documented
species use, and existing management /modifications pursuant to the criteria in subsections 2a
through 2i of this section as they relate to the subject property or within the jurisdiction of this
chapter as it applies to regulated wetlands. Based on these criteria, habitat functions shall be
further classified into one of four wetland classes, as specified in Section 15.24.040D with Class
I being the most functional and Class IV being the least functional.
- 47 -
a.Habitat type. Classify and delineate wetland habitat types based on the U. S. Fish an
Wildlife Service Classification of Wetlands and Deepwater Habitats, Dated 1979, as now or
hereafter amended. Identify the dominant vegetation communities associated with each
classified wetland habitat type.
b.Habitat diversity. Calculate both the total number of wetland habitat types and the
different wetland habitat types identified in subsection 2a of this section for each wetland.
c.Habitat size. Calculate the total wetland acreage and acreage of each individual habitat
type identified in subsection 2a of this section for each wetland.
d.Upland habitat type. Classify and delineate all lands into one or more of the following
land cover categories: developed lands; agriculture; non - native plant species; water; native
upland grasses; native forests less than twenty feet in height; native forest greater that twenty
feet in height; and mature conifers.
e.Significant habitat features. Identify and delineate the presence of significant habitat
features including, but not limited to: estuaries, snags, islands, rare or unique plant communities,
mature conifers, Class I wildlife habitat conservation areas, and /or wetlands classified as
exhibition a high functional value of water availability for migratory waterfowl or other wildlife
species.
f.Species use. Identify and delineate all known priority habitats for species listed as
species of concern or priority species.
g.Anadromous fish use. Identify wetlands contiguous to Type 1 - 23 aquatic habitat
conservation areas, or other waters containing anadromous fisheries recognized by local or state
public agencies.
h. Significant wildlife movement corridor. Identify whether one or more of the following
areas is located within:
i.Land and water areas designated as shorelines in the Shoreline Management Act
of 1971 and the City of Port Angeles Shoreline master Program;
ii.Lands designated as significant wildlife movement corridors, open space and
greenbelt corridors;
iii.Federal, state, and local parks, wildlife refuges, and other protected natural areas;
iv.Easements or other dedicated lands granted to the City of Port Angeles or other
organizations devoted to protection and management of critical areas, open spaces, or wildlife
habitat.
i.Management and modification. Identify existing management and alteration s of
wetlands, and the impact of such actions on the above classification. Wetlands management
activities include, but are not limited to: forestry, livestock grazing, agriculture, commercial
recreation (e.g., golf courses), residential (e.g., lawns), public lands (e.g., parks, natural areas),
and /or land not managed for any other use. Wetland alterations include, but are not limited to:
flooding, impounding of water, excavation, filling, grading, draining, or discharge from
irrigation or drainage facilities.
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;
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2. The dumping, discharging, or filling with any material;
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
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. Stormwater discharges from stormwater facilities or structures
may be allowed when they are in accordance with City of Port Angeles' stormwater plan. The
discharge shall not significantly increase or decrease the rate of flow and /or hydroperiod, nor
decrease the water quality of the wetland. Pre - treatment of surface water discharge through
biofiltration or other best management practices (BMPs) shall be required.
9. Road /street repair and construction. Any private or public road or street
repair, maintenance, expansion or construction may be permitted, subject to the following
standards:
a. No other reasonable or practicable alternative exists and the road or
street crossing serves multiple properties whenever possible;
b. Publicly owned or maintained road or street crossings should provide
for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points,
etc. and
c. The road or street repair and construction are the minimum necessary
to provide safe roads and streets.
d. Mitigation shall be performed in accordance with specific project
mitigation plan requirements.
10. Land Divisions and Land Use Permits. All proposed divisions of land and
land uses (including but not limited to the following: short plats, subdivisions, planned
residential developments, binding site plans, conditional use permits) which include regulated
wetlands, shall comply with the following procedures and development standards:
a. Regulated wetlands, except the area with permanent open water, and
wetland buffers may be included in the calculation of minimum lot area for proposed lots
provided that other standards, including subdivision (c) below, are met.
b Land division approvals shall be conditioned to require that regulated
wetlands and regulated wetland buffers be dedicated as open space tracts, or as an easement or
covenant encumbering the wetland and wetland buffer. Such dedication, easement or covenant
shall be recorded together with the land division and represented on the final plat, short plat or
binding site plan, and title.
c. In order to implement the goals and policies of this title, to
accommodate innovation, creativity, and design flexibility, and to achieve a level of
environmental protection that would not be possible by typical lot -by -lot development, the use
of the clustered development or similar innovative site planning is strongly encouraged for
projects with regulated wetlands on the site.
- 49 -
d. After preliminary approval and prior to final land division approval, the
department may require that the common boundary between a regulated wetland or associated
buffer and the adjacent land be identified using permanent signs and /or fencing. In lieu of signs
and /or fencing, alternative methods of wetland and buffer identification may be approved when
such methods are determined by the department to provide adequate protection to the wetland
and buffer.
11. Trails and trail- related facilities. Construction of public and private trails and
trail - related facilities, such as benches and viewing platforms may be allowed in wetlands or
wetland buffers pursuant to the following guidelines:
a. trails and related facilities shall, to the extent feasible, be placed on
existing road grades, utility corridors, or any other previously disturbed areas.
b. Trails and related facilities shall be planned to minimize removal of
trees, soil disturbance and existing hyrdological characteristics, shrubs, snags and important
wildlife habitat.
c. Viewing platforms and benches, and access to them, shall be designed
and locate to minimize disturbance of wildlife habitat and /or critical characteristics of the
affected wetland.
d. Trails and related facilities shall generally be located outside required
buffers. Where trails are permitted within buffers they shall be located in the outer portion of
the buffer and a minimum of thirty feet from the wetland edge, except where wetland crossings
or viewing areas have been approved.
e. Trails shall generally be limited to pedestrian use unless other more
intensive uses, such as dike or horse trails, have been specifically allowed and mitigation has
been provided. Trail width shall not exceed five feet unless there is a demonstrated need,
subject to review and approval by the department. Trails shall be constructed with pervious
materials unless otherwise approved be the department.
12. Parks. Development ofpublic park and recreation facilities may be permitted
provided that the following standards are followed:
No alteration of wetlands or wetland buffers is allowed except for such uses
which are allowed below. For example enhancement of wetlands and development of trails may
be allowed in wetlands and wetland buffers subject to special use requirements and approval of
a wetland mitigation plan.
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 that does not include changing the structure or functions of the existing wetland;
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;
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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 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 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.
-51 -
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 - Wetlands: Unless the Planning Director waives
one or more of the following information requirements, applications for a Wetland Permit under
this Chapter shall include a Wetland Report containing the following information:
t
g.
ie pulp ases or tiie project alit an c-aplanatlan wtiy tlic props
activity cannot lie beat,.. at other sits, iluding an explana
is dcpendent upon wetlands or water - related resources as described in
this Chapter, a d
pow use p posea act�v�
pccltic means to mitigat any potnti al ad v ei Sl. cu Vii uiuiiiii1aI iiiipaLt�
a. Prepared by a qualified professional. A wetland report shall be
prepared by qualified professional who is a wetland biologist, with experience preparing
wetland reports.
b. Area addressed in wetland report. The following areas shall be
addressed in a wetland report.
i. The project area of the proposed activity;
ii. All wetlands and recommended buffers within three hundred
(300) feet of the project area.
iii. All shoreline areas, water features, flood plains, and other
environmentally sensitive areas, and related buffers within three hundred (300) feet.
- 52 -
c. Wetland analysis. In addition to the minimum required contents of
environmentally sensitive area reports, a wetland report shall contain an analysis of the wetlands
including the following site- and proposal- related information at a minimum.
i. A written assessment and accompanying maps of the wetlands
and buffers within three hundred (300) feet of the project area, including the following
information at a minimum:
Wetland delineation and required buffers;
a) Existing wetland acreage;
Wetland category; vegetative, faunal, and hydrologic
characteristics;
(4) Soil and substrate conditions; and
L5) Topographic elevations, at two -foot contours.
ii. A discussion of measures, including avoidance, minimization, and
mitigation, proposed to preserve existing wetlands and restore any wetlands that were degraded
prior to the current proposed land use activity.
iii. Proposed mitigation, if needed, including a written assessment
and accompanying maps of the mitigation area, including the following information at a
minimum:
(1) Existing and proposed wetland acreage;
(2) Vegetative, faunal, and hydrologic conditions;
(3) Relationship within watershed and to existing water bodies;
(4) Soil and substrate conditions, topographic elevations;
(5) Existing and proposed adjacent site conditions;
Required wetland buffers; and
E) Property ownership
iv. A discussion of ongoing management practices that will protect
wetlands after the project site has been developed, including proposed monitoring and
maintenance programs
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 ofmitigation 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.
- 53 -
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.
(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.
- 54 -
Given under my hand and official seal this day of
+920
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 28 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. 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 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, its functions,
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 of wetland area and function; 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:
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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
- 56 -
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. When applicable the order of sequence for buffer reductions shall be as
follows.
a. Use of buffer averaging maintaining one hundred percent of the buffer
area under the standard buffer requirement:
b. Reduction of the overall buffer area by no more than twenty -five
percent of the area required under the standard buffer requirement;
c. enhancement of existing degraded buffer area and replanting of the
disturbed buffer area;
d. Infiltration of stormwater where soils permit;
e. Retention of existing native vegetation on other portions of the site in
order to offset habitat loss from buffer reduction.
56. Except as otherwise specified, wetland buffer zones shall be retained in their
undisturbed natural condition except where the buffer can be enhanced to improve its fuctional
attributes. Buffers that are in their natural condition should not be altered and should remain
in their natural condition, and be enhanced whenever possible. Any buffer enhancement and /or
limited view clearing activity must be reviewed and approved by the department. No refuse
shall be placed in the buffer. Where buffers have been altered or disturbance has occurred
during construction, rcvcgctation with native vegctation may be requircd and ecological
functions and values have been lost, restoration is required to replace lost functions and values.
67. Permitted Uses in a Wetland Buffer Zone: Regulated activities shall not be
allowcd in a buffcr zonc cxccpt for the following.
a.
activities navmg minimal aavcrsc impacts on butters and no aavcrs
or caucanonai activities, an sports nsning or nunnng,
- 57 -
wctlands, stormwatcr managcmcnt
, acvciopmcnt navmg no
In addition to those activities allowed in regulated wetlands in this Section, the
following activities are allowed in wetland buffers without having to meet the protection
standards, or requirements for wetland studies or mitigation set forth in this section, provided
that impacts to buffers are minimized and that disturbed areas are immediately restored.
a. In association with a single family residence only, the establishment and
expansion of lawns, landscaping, orchards, gardens, and fences, provided that:
i Lawns, landscaping, orchards, and gardens shall be allowed
within the outer 25 percent of the buffer width where no reasonable alternative is available. No
structure other than fences nor any impervious surface shall be included in the above. No
pesticides, herbicides or fertilizers may be used in wetland buffers., and
ii Fences shall be designed to allow the unimpeded passage of
surface water beneath them.
b. Activities having minimal adverse impacts on buffers and no adverse
impacts on regulated wetlands. These include low intensity, passive recreational activities such
as pervious trails, nonpermanent wildlife watching blinds, and scientific or educational
activities. Trails within buffers shall be designed to minimize impacts to the wetland, and shall
not include any impervious surfaces.
c. Within the buffers of Category III and IV wetlands only, vegetation -
lined swales designed for stormwater management or conveyance when topographic restraints
determine there are no other upland alternative location. Swales used for detention purposes
may only be placed in the outer 25% of the buffer. Conveyance swales may be placed through
the buffer, if necessary.
78. Building and Impervious Surface Setback Lines: A building or impervious
surface setback line of fifteen (15) feet is required from the edge of any wetland buffer.
Minor structural impervious surface 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.
- 58 -
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 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;
- 59 -
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 original 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 and best management practices, 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.
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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 may 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
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(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.
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 wood 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
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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 may 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 15.24.070116 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 15.24.070117. 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
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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 manage ntent 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.
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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 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.
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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.
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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. Non - Compensatory Enhancement: Non - compensatory enhancements are
those wetland enhancement projects which are conducted solely to increase the functions and
values of an existing wetland and which are not required to be conducted pursuant to the
requirements of Section 15.24.070(H)(6). There are two types of non - compensatory
enhancement:
a. Type 1 Non - Compensatory Enhancement. Type 1 non - compensatory
enhancement projects involve the filling, draining, or excavating of a regulated wetland. All
applications for Type 1 non - compensatory enhancement projects shall be accompanied by an
enhancement plan prepared in accordance with subsections (i)(A) - (B), below, which
demonstrates that the proposed activities will result in an increase in wetland functions and
values.
(i)The enhancement plan must be submitted for review and approval
by the Director of Community Development:
(ii). The enhancement plan must either be prepared by a qualified
wetlands consultant or accepted in writing by the U.S. Fish and wildlife Service, and the
Washington Department of Fish and Wildlife, or the Washington Department of Ecology.
b. Type 2 Non - Compensatory Enhancement. Type 2 non - compensatory
enhancement projects involve wetland alterations that do not include the filling, draining, or
excavation of a regulated wetland. Such projects might involve the removal of non - native plant
species. All application for Type 2 non - compensatory enhancement projects shall be
accompanied by an enhancement plan prepared in accordance with subsections (ii)(A) -(B),
below, which demonstrates that the proposed activities will result in an increase in wetland
functions and values.
the enhancement plan shall be submitted for review and approval
by the Director of Community Development;
(ii) The enhancement plan must include a detailed description of the
activity including the following information:
(A) The goal of the enhancement project;
(B) What plants, if any, will be removed or planted;
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(C) How the activity will be conducted, including the
type(s) of tools or machinery to be used and
(D) The qualifications of the individual who will be
conducting the enhancement activity.
(iii) The enhancement plan must either be prepared by a qualified
wetlands consultant or accepted in writing by the U.S. Fish and Wildlife Service, the
Washington Department of Fish and Wildlife, or the Washington department of Ecology.
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
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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 Director of Community Development 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:
submit a joint permit application;
demonstrate compliance with all standards;
demonstrate the organizational and fiscal capability to act
cooperatively; and
SDI demonstrate that long -term management can and will be
provided.
78. 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:
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:
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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);
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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, 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 15.24.07011 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 fourteen days of the issuance
of notice of the decision. The time period for considering the appeal shall not exceed ninety
days.
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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.
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 unacceptable 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 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
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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.
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.
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
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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 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 twenty -one (21) 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 applicant's land;
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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 5. Ordinance 2734, as amended, and Title 15, Environment, shall be amended
by amending Chapter 15.28 PAMC, Clearing, Grading, Filling, and Drainage Regulations,
in its entirety to read as follows:
Chapter 15.28
CLEARING, GRADING, FILLING, AND DRAINAGE REGULATIONS
Sections:
15.28.010 Purpose.
15.28.020 Definitions.
15.28.030 Clearing and Grading Permit Required.
15.28.040 Permit Exemptions.
15.28.050 Permit Application.
15.28.060 Plans and Specifications.
15.28.070 Additional Application Information.
15.28.080 Review Criteria.
15.28.090 Standards.
15.28.100 Conditions.
15.28.110 Maintenance Responsibilities.
15.28.120 Permit Issuance - Expiration - Extension.
15.28.130 Permit Fees.
15.28.140 Security.
15.28.150 Insurance.
15.28.160 Inspections.
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15.28.170 Suspension of Permits.
15.28.180 Completion of Work.
15.28.190 Posting of Permit.
15.28.200 Administration and Enforcement.
15.28.210 Appeals.
15.28.220 Clearing, Grading, Filling, and Drainage Rules and Guidelines.
15.28.230 Other Laws.
15.28.240 Removal of Dirt, Debris, or Other Material - Sanctions.
15.28.250 Public Nuisance.
15.28.260 Penalty.
15.28.010 - Purpose. This Chapter is adopted for the following purposes:
A. To promote, protect, and preserve the public interest by establishing standards for
and regulating land alteration, particularly the clearing, grading, filling, and /or drainage ofland
in the City without preventing the reasonable use of land;
B. To regulate land - disturbing activity for control of erosion, sedimentation,
stormwater runoff, water pollution, vegetation removal, and landslide in order to minimize
damage to public and private property;
C. To promote building and site planning practices that are consistent with the City's
natural topography, soils, and vegetation features and which implement the Port Angeles
Comprehensive Plan and the Washington State Environmental Policy Act;
D. To minimize hazards to life, health, and property;
E. To require that development of environmentally sensitive lands be accomplished
in a manner which protects those areas from damage or degradation and which promotes the
health, safety, and welfare of the public.
Notwithstanding the above - stated purposes, nothing in this Chapter is intended to or shall
be deemed to create a duty of the City to protect or promote the interests of any particular
person or class of persons. Further, the existence of these regulations or any failure, refusal, or
omission of the City to enforce any provision in this Chapter is not intended to prevent,
supplant, or affect the right of any person affected by the clearing, grading, filling, and /or
drainage operations of another to invoke such private remedies as may be available against such
other persons.
15.28.020 - Definitions. In addition to definitions contained in Chapter 15.02, the
following definitions shall apply. Where definitions exist in both 15.02 and 15.28.020, the
definitions in 15.28.020 shall apply.
t1..scril,e the meaning of the t\,iiiiS UM., .
A. "Accelerated erosion" means any increase over the rate of natural erosion as a result
of land- disturbing activity.
B. "Approval" means for the purposes of this Chapter approval by the City Engineer.
C. "Buffer zone" means a parcel or strip ofland that is required to permanently remain
in an undisturbed and untouched condition and within which no building, clearing, grading, or
filling is permitted, except for minor maintenance necessary to protect life and property.
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D. "Clearing" means the removal of timber, brush, grass, ground cover, or other
vegetative matter from a site which exposes the earth's surface on the site or results in the loss
of forested areas.
E. "Clearing and Grading Permit" means the written permission of the City to the
applicant to proceed with the act of clearing, grading, filling, and /or drainage which could
disturb the land surface.
F. "Director" means the Director of Public Works and Utilities or an authorized agent
of the Public Works and Utilities Department.
111 Llri, JLaiO 0l W dS111116W11.
HG. "Environmentally Sensitive Lands Areas" include, but are not limited to, lands
identified as environmentally sensitive areas, locally unique features, or critical areas by the
City in accordance with the provisions of the State Environmental Policy Act and the Growth
Management Act and Section 15.20 of the Port Angeles Municipal Code.
I "Eiosion" means the wearing away of the an 01 ground surfaces by lilt acllall uf
'ind, Ala t.,i, ice, gravity, or any combination thereof.
�H. "Filling" means the act of transporting or placing (by any manner or mechanism)
fill material from, to, or on any soil surface, natural vegetative covering of soil surface, or fill
material (including temporary stockpile of material).
IEI. "Grading" means any act which changes the grade or elevation of the ground surface
and for the purposes of this Chapter also includes the excavation and removal of earth material.
J. "Impervious surface" means a hard surface area that either prevents or retards the
entry of water into the soil mantle as under natural conditions prior to development or that
causes water to run off the surface in greater quantities or at an increased rate of flow from the
flow present under natural conditions prior to development. Common impervious surfaces
include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage
areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam
or other surfaces which similarly impede the natural infiltration of stormwater.
sLdimentation. This dots not incltl
non - destructive v%..gLtatlon trimming.
"Non- dcstructivc vL.getation tairlifting " means the trimming, lopping, or p1 a11111g
NK. "Sedimentation" means the process of deposition of soil and organic particles
displaced, transported, and deposited by erosive processes.
include noel- destructive trimming of vugi.tation as in l,y this C;llap t a.
15.28.030 - Clearing and Grading Permit Required.
A. No person, corporation, or other legal entity shall make changes or cause changes
to be made in the surface of any land by clearing, grading, filling, or drainage alteration in the
City without having first obtained a valid clearing and grading permit from the City Engineer;
except for those activities that are exempt as described in Section 15.28.040.
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B. Permits are not transferable, unless approved in writing by the City Engineer. The
transfer will only be approved when the new applicant has demonstrated that it can and has
complied with the conditions of the permit.
15.28.040 - Permit Exemptions. Written permit exemptions shall be issued by the City
Engineer. The following shall be exempt from the permit requirements of this Chapter,
provided that the exemptions set forth in Subsections G -J shall not apply in situations where
properties include environmentally sensitive areas:
A. Land clearing, grading, filling, sandbagging, diking, ditching, or similar work
during or after periods of extreme weather or other emergency conditions which have created
situations such as flooding or high fire danger that present an immediate danger to life or
property;
B. Land clearing necessitated by order of the City Council related to the abatement of
a public nuisance, where the work is administered by the City;
C. The removal of dead trees or of diseased or damaged trees which constitute a hazard
to life or property as described in 15.28.090(G);
D. The clearing by a public agency or a franchised utility within a public right -of -way
or upon an easement, for the purpose of installing and maintaining water, storm, sewer, power,
cable, or communication lines;
E. Cemetery graves;
F. Non - destructive vegetation trimming with proper removal and disposal of debris.
G. Land that is one acre or less, except where an adjacent area under the same
ownership or chain of ownership has been similarly exempted so that the combined area is
greater than one acre and erosion control has not been re- established;
H. If a building permit is issued, no additional clearing, grading, or filling permit or
associated fee will be required; provided that the standards established in this Chapter and
pursuant hereto shall be applied to the issuance of said building permit;
I. Developments larger than one acre in improved areas served by paved streets, curbs,
gutters, storm drains, and other drainage facilities;
J. Work, when approved by the City Engineer, in an isolated, self - contained area, if
there is no danger to private or public property.
15.28.050 - Permit Application. An application for a clearing and grading permit shall
be submitted on a form provided by the City and identifying the property and owner. Other
information may be required by the City Engineer to carry out the provisions of this Chapter.
15.28.060 - Plans and Specifications. Each application shall be accompanied by a
minimum of three (3) sets of plans and specifications, including calculations. The plans and
specifications shall be prepared by a person familiar with the site. For more complicated sites,
the City Engineer may require that the plans and specifications be prepared by an appropriate
qualified professional who shall have his/her signature and stamp affixed to each set. The plans
and specifications may include the appropriate information from the following:
A. An accurate plan of the entire site as it exists at the time of the application, which
includes:
1. All property lines;
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2. Contours over the entire site (five -foot contour intervals are standard, but
other intervals may be required in specific circumstances);
3. The date, basis, and datum of the contours;
4. A graphic representation of existing vegetation on the site designated by its
common names, the amount of bare ground, and the amount and type of impervious material
(rock and artificial);
5. The location of all existing drainage facilities, natural and man -made;
6. The location and estimated capacity of any areas which impound surface
water;
7. The location and estimated discharge of all visible springs;
8. The location of all structures, utilities, and their appurtenances, including
structures and utilities on adjacent properties when such information is reasonably available;
9. Date, north arrow, and adequate scale as approved by the City Engineer on
all maps and plans;
10. Identification of and mitigation measures for on -site areas which are subject
to severe erosion, and off -site areas which are especially vulnerable to damage from erosion
and /or sedimentation.
B. The proposed work schedule, which details the following:
1. Sequence for clearing, grading, filling, drainage alteration, and other land -
disturbing activities;
2. On -site soil or earth material storage locations and source ofimport materials,
and location of the site where spoils will be disposed;
3. Schedule for installation and removal of all interim erosion and sediment
control measures, including vegetative measures;
4. Schedule for construction of final improvements, if any;
5. Schedule for the installation of required permanent erosion and sediment
control devices;
6. An outline of the methods to be used in clearing vegetation and in storing and
disposing of the cleared vegetative matter.
C. An accurate finished grading plan of the entire site as it would appear after the
completion of work covered by the permit, showing the following:
1. The finished contours achieved by grading (at the same intervals as the
existing contours)
2. The boundaries of all areas to remain undisturbed, and identification and the
location of all other vegetation shown on the plan that will remain after the completion of work;
3. Drainage and related facilities to be constructed with and as a part of the
proposed work;
4. Boundaries of all areas where surface water runoff will be retained, detained,
or infiltrated;
5. The method for discharging surface water off -site, including the provisions
required to control the velocity and direction of discharge to protect downstream properties;
6. The location of building setback lines, and approximate limits of cuts and
fills, including but not limited to foundations, retaining walls, and driveways;
7. Location and dimensions of buffer zones and other areas to be maintained or
established;
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8. The location and description of proposed erosion and sedimentation control
devices or structures and schedule of maintenance;
9. Off -site grading shall be noted on the plans, and a dated letter of permission
from the property owner of the land affected shall be provided and noted on the plans.
15.28.070 - Additional Application Information. The City Engineer may require the
applicant to submit additional information when he finds the submitted plans and specifications
and associated information are not clear enough to allow for an adequate determination, or when
special conditions are found to exist which require specific explanation. This additional
information may include, but is not limited to, the following:
A. Hydrologic and hydraulic computations of expected storm runoff entering and
leaving the site for pre- and post - development conditions;
B. Engineering geology and soils reports as needed for hydrology, hydraulics, and
erosion control design;
C. Erosion and Sediment Control Plan and supporting calculations;
D. An engineer's cost estimate of the drainage facilities and final erosion and sediment
control when such information is necessary for bonding purposes;
E. Inspection and maintenance agreement;
F. Letters of Permission: Off -site grading shall be supported by a dated letter of
permission from the affected property owner(s);
G. A copy of the Hydraulic Permit Application issued by the Washington Sate
Department of Fisheries, if it is required.
15.28.080 - Review Criteria. The City Engineer shall review the permit application for
compliance with all City ordinances, adopted standards, requested additional data, and
Comprehensive Plans.
15.28.090 - Standards. No land- disturbing activity subject to the control of this Chapter
shall be undertaken except in accordance with the following mandatory standards:
A. Protection of property: Persons and entities conducting land- disturbing activities
shall take all reasonable measures to protect all public and private property from damage caused
by such activities.
B. Wetland buffers zone. No land- disturbing activity shall be permitted in an approved
wetland buffers zone, except as otherwise allowed by applicable laws and permits.
C. Graded slopes and fills: The angle for graded slopes and fills shall be no greater
than the angle which can be retained by vegetative cover or other adequate erosion control
devices or structures.
D. Ground cover: No land- disturbing activity shall be undertaken until installation of
sufficient erosion and sediment control devices to retain the sediment generated by the activity
within the boundaries of the tract during construction upon and development of said tract.
Plantings or a permanent ground cover shall be provided immediately after completion of
grading to sufficiently restrain erosion.
E. Use of vegetative measures: Vegetation measures using native plants shall be used
for erosion and sediment control wherever feasible, rather than structural measures such as
pipes, structures, or other devices.
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a. will riot inerease gt,ol ogle aHraLar such as eres10 fl pe andsllde pe la l,
. i ..
V. Will no actverscly alleet slgnlheant Iisli afltl Wi Ntat alea5, anQ
C. Will revcg istal Led an tv re du p al.
6F. Environmentally sensitive areas: Construction within environmentally sensitive
areas shall be in compliance with Chapter 15.20 PAMC Environmentally Sensitive Areas
Protection Ordinance and shall be subject to the review of the Planning Director.
G. Removal of dead or diseased trees from environmentally sensitive areas or buffers
is allowed provided that:
L The applicant submits a report from a certified arborist, registered landscape
architect, or professional forester or arborist that documents the hazard and provides a replanting
schedule for the replacement trees;
2. Tree cutting shall be limited to limbing and crown thinning, unless otherwise
justified by a qualified professional. Where limbing or crown thinning is not sufficient to
address the hazard, trees should be reduced in height to remove the hazard rather than cut at or
near the base of the tree;
3. All vegetation cut (tree stems, branches, tops, etc.) shall be left within the
environmentally sensitive area or buffer unless removal is warranted due to the potential for
disease transmittal to other healthy vegetation, or the environmentally sensitive area is a steep
slope or marine bluff.
4. The landowner shall replace any trees that are felled or topped with new trees
at a ratio of two replacement trees for each tree felled or topped (2:1) within one (1) year in
accordance with an approved restoration plan. Tree species that are native and indigenous to
the site and a minimum caliper of two (2) inches shall be used;
5. If a tree to be removed provides critical habitat, such as an eagle perch, a
qualified professional wildlife biologist shall be consulted to determine timing and methods or
removal that will minimize impacts; and
6. Hazard trees determined to pose an imminent threat or danger to public health
or safety, or to public or private property, or serious environmental degradation may be removed
or pruned by the landowner prior to receiving written approval from the City of Port Angeles
provided that within fourteen (14) days following such action, the landowner shall submit a
restoration plan that demonstrates compliance with the provisions of this Title.
15.28.100 - Conditions. In granting any clearing and grading permit, the City Engineer
may attach the conditions reasonably necessary to prevent erosion and sedimentation. Such
conditions may include, but are not limited to, installing walls, swales, drains, retention
facilities, or other structures; planting appropriate vegetation; installing erosion and sediment
control measures or devices; furnishing necessary letters of permission and /or easements; and
specifying method of performing the work. Such items must be identified on the approved
grading, erosion, and sediment control or other required plans. In addition, the following shall
be conditions of all permits:
A. Notify the City forty -eight (48) hours before commencing any land - disturbing
activity.
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B. Notify the City of completion of any control measures within forty -eight (48) hours
after their completion.
C. Obtain permission in writing from the City prior to modifying any of the plans.
D. Install all control measures as identified in the approved plans.
E. Maintain all road drainage systems, stormwater drainage systems, control measures,
and other facilities identified in the plans.
F. Repair siltation or erosion damage to adjoining surfaces and drainage ways resulting
from land developing or disturbing activities.
G. Inspect the erosion construction control measures at least once each week during
construction after each rain of 0.5 inches or more (over a 24 -hour period), and immediately
make any needed repairs.
H. Allow the City to enter the site for the purpose of inspecting compliance with the
plans or for performing any work necessary to bring the site into compliance with the plans.
I. Keep an up -to -date, approved copy of the plans on the site.
J. Ensure that all workmanship and materials are in accordance with City standards
and the most recent edition of the Washington State Specifications for Road, Bridge, and
Municipal Construction.
15.28.110 - Maintenance Responsibilities. A maintenance schedule of constructed private
facilities shall be developed for facilities constructed and measures implemented pursuant to this
Chapter. The schedule shall set forth the maintenance to be completed, the time period for
completion, and who shall perform the maintenance. The schedule shall be included with all
required plans and permits and shall be recorded by the property owner or agent with the County
Auditor so that maintenance responsibilities attach to the property and shall be the duty of the
property owner(s).
15.28.120 - Permit Issuance - Expiration - Extension.
A. A clearing and grading permit shall be issued only after compliance with the
requirements of this Chapter and the deposit with the City Treasurer of permit fees for plan
review, inspection, and related expenses as required pursuant to PAMC 15.28.130
B. Any permit granted under this Chapter shall expire one (1) year from the date of
issuance; provided, however, that the City Engineer may set specific limits to the permit if it is
advisable to do so. Upon a showing of good cause, a permit may be extended for one (1)
twelve -month period.
15.28.130 - Permit Fees. There shall be a non - refundable fee as set forth in Chapter 3.70
PAMC in the amount necessary to compensate the City for the expense of reviewing and
processing plans, conducting inspections, providing for outside consulting services, and other
services determined to be necessary for the administration and enforcement of the provisions
of this Chapter. Such fees shall only apply when plans or other documentation are required to
be submitted with permit applications for grading and filling or clearing and drainage activity,
and no building permit including such activities has been issued. The permit fee shall be paid
at the time of submitting plans and other documentation for review. After approval of the plans
and specifications, the City Engineer shall provide the applicant with an estimate of the
construction inspection fee, based upon the inspections which will be necessary as listed in
15.28.160 PAMC. Such inspection fee shall be separate from the above plan review fees. A
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permit for construction will be issued only after the deposit of the inspection fee has been made
with the City Treasurer. If the City Engineer determines that the remaining funds on deposit
are not adequate to pay for the inspections required for project completion, the applicant will
be so notified and provided with an estimate of the amount of additional fee deposit required.
This additional fee shall be deposited with the City Treasurer prior to depletion of the funds on
deposit. Any monies unexpended from the deposit shall be refunded to the depositor upon final
completion and acceptance of the project. The basis of the estimate shall be as set forth in
Chapter 3.70 PAMC.
15.28.140 - Security. The City Engineer may require the applicant to furnish security in
the form of a bond, cash escrow account, an irrevocable letter of credit, or other security which
may be acceptable to the City in its sole discretion, in an amount determined by the City
Engineer to be sufficient to reimburse the City if it should be come necessary for the City to
enter the property to correct hazardous conditions relating to soil stability, erosion, or
environmental damage caused by failure to complete the work or improper action.
15.28.150 - Insurance. If, in the opinion of the City Engineer, the nature of the work is
such that it may create a hazard to human life or endanger streams or public or private property,
then the City Engineer may, before issuing the permit, require that the applicant file a certificate
of insurance. The certificate must provide to the City satisfactory proof of the existence of a
comprehensive liability insurance policy, in an amount and form determined necessary by the
City Engineer or the City Attorney, but in no event providing coverage of less than two hundred
thousand dollars ($200,000) for personal injury to any one person, five hundred thousand dollars
($500,000) for injury to more than one person arising out of the same incident, and one hundred
thousand dollars ($100,000) for property damage, against claims arising pursuant to permits
issued under this Chapter, whether the performance be by the applicant, a subcontractor of the
applicant, or any person directly or indirectly employed by the applicant. Additional amounts
of insurance may be required by the City Engineer in accordance with the nature of the risks
involved. Insurance must be written by a company licensed to do business in the State of
Washington.
15.28.160 - Inspections.
A. All projects which include clearing, grading, filling, or drainage shall be subject to
inspection by the City Engineer or his designee, who shall be granted reasonable right of entry
to the work site by the permittee. When required by the City Engineer, special inspection of the
grading operations and special testing shall be performed by qualified professionals employed
by the permittee. Inspections in conjunction with Hydraulic Permits will be performed and
enforced by the Washington State Department of Fisheries or Wildlife.
B. Each site that has approved grading, erosion and sediment control or other required
plans must be inspected as necessary to ensure that the sediment control measures are installed
and effectively maintained in compliance with the approved plan and permit requirements.
Where applicable, the permittee must obtain inspection by the City at the following stages:
1. Following the installation of sediment control measures or practices and prior
to any other land- disturbing activity;
2. During the construction of sediment basins or stormwater management
structures;
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3. During rough grading, including hauling of imported or wasted materials;
4. Prior to the removal or modification of any sediment control measure or
facility; and
5. Upon completion of final grading, including establishment of ground covers
and planting, installation of all vegetative measures, and all other work in accordance with an
approved plan or permit.
C. The permittee may secure the services of an engineer, subject to the approval of the
City Engineer, to inspect the construction of the facilities and provide the City with a fully
documented certification that all construction is done in accordance with the provisions of an
approved, grading, erosion and sedimentation control or other required plan, applicable rules,
regulations, permit conditions, and specifications. If inspection certification is provided to the
City, then the normal inspections performed by the City for the permit may be waived. In these
cases, the City shall be notified at the required inspection points and may make spot inspections.
15.28.170 - Suspension of Permits. The City Engineer may suspend or revoke a permit
or issue a stop work order, whenever he determines that:
A. The act or intended act of clearing, grading, or filling has become or will constitute
a hazard to persons; endangers property; adversely affects the safety, use or stability of any
public way, drainage facility, stream or surface water, including siltation and sedimentation;
B. The permittee has violated a provision of the permit or of this Chapter or other City
ordinances;
C. There are changes in site runoff characteristics upon which a waiver was granted
or permit was approved;
D. Construction is not in accordance with the approved plans and specifications;
E. Noncompliance with correction notice(s) or stop work order(s) issued for erosion
or sediment controls.
15.28.180 - Completion of Work.
A. Construction Changes. Whenever changes must be made to the original, approved
plan, the changes shall be submitted to and approved by the City Engineer in advance of the
construction of those changes.
B. Final Reports. Upon completion of the rough grading and at the final completion
of the work, the City Engineer may require the following reports, drawings, and supplements
thereto to be prepared and submitted by the owner and /or an appropriate qualified professional
approved by the City Engineer:
1. An as -built grading plan, including original ground surface elevations, final
surface elevations, lot drainage patterns, and locations and elevations of all surface and
subsurface drainage facilities.
2. A soils grading and /or geologic grading report, including locations and
elevations of field density tests and geologic features, summaries of field and other laboratory
tests, and other substantiating data and comments or any other changes made during grading and
their effect on the recommendations made in the approved grading plan.
C. Notification of Completion. The permittee or his/her agent shall notify the City
Engineer when the grading operation is ready for final inspection. Final approval shall not be
given until all work has been completed in accordance with the final approved grading, erosion
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and sedimentation control, and other required plans, and the required reports have been
submitted and accepted.
15.28.190 - Posting of Permit. No work shall commence until a permit has been posted
by the applicant on the subject site at a conspicuous location. The permit shall remain posted
until the project has been completed and final inspection approved.
15.28.200 - Administration and Enforcement. The City Engineer is authorized and
directed to administer and enforce the provisions of this Chapter. For such purpose, he shall
have the powers as detailed in PAMC 14.01.060 of a police officer and may appoint and
deputize such officers, inspectors, assistants, and other employees as may be necessary to carry
out the duties and functions of his office and to provide technical data for plans and on -site
follow -up inspections to assure implementation of required plans and specifications; except that
enforcement of Hydraulic Permits shall be performed by the Department of Fisheries.
15.28.210 - Appeals. Any person or persons aggrieved by any action of the City Engineer
pursuant to the provisions of this Chapter may file an appeal with the Construction Code Board
of Appeals as set forth in Chapter 14.01 PAMC.
15.28.220 - Clearing and Grading Rules and Guidelines. Clearing and grading and related
storm water management and administrative rules and guidelines shall be developed, updated,
administered, enforced, and may be appealed in the same manner as the Urban Services
Standards and Guidelines as set forth in PAMC 18.08.130. These rules and regulations shall
be filed with the City Clerk, and shall be made available to the general public. Such rules and
guidelines shall apply to all clearing, grading, filling, and drainage activities in the City,
including activities for which permits are required and activities which are exempt from the
permit requirements of this Chapter.
15.28.230 - Other Laws.
A. Whenever conflicts exist between Federal, State, or local laws, ordinances, or rules,
the more restrictive provision shall apply.
B. Neither this Chapter nor any administrative decision made under it:
1. Exempts the permittee from procuring other required permits or complying
with the requirements and conditions of such a permit; or
2. Limits the right of any person to maintain against the permittee at any time,
any appropriate action, at law or in equity, for relief from damages caused by the permittee
arising from the permitted activity.
15.28.240 - Removal of Dirt, Debris, or Other Material; Sanctions.
A. Whenever property damage is occurring or imminent as a result of an activity
inconsistent with the purpose and intent of this Chapter, as determined by the City Engineer,
the offending person, company, or firm shall, after notice of clean -up by the City Engineer,
remove such material or make necessary revisions, as instructed by the City Engineer, to remove
the cause of the offending activity.
B. If the person, company, or firm does not take the action ordered by the City
Engineer, such offending party shall be guilty of a civil infraction and shall be punished as set
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forth in Section 15.28.260. In addition, the City Engineer may cause the debris and other
materials to be cleaned up and /or the activity altered. All expenses of such work, including the
costs of litigation, if necessary, and administrative costs shall be chargeable to the owner or
other person having charge of or having ordered the activity.
15.28.250 - Public Nuisance. Any violation of the provisions of this Chapter is declared
to be a public nuisance and may be abated through proceedings for injunction or similar relief
in superior court or other court of competent jurisdiction.
15.28.260 - Penalty. Any person, firm, or corporation, violating any of the provisions of
this Chapter, shall be deemed guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of this Chapter is committed,
continued, or permitted. Each such offense shall be punishable by a maximum civil fine of Five
Hundred Dollars ($500).
Section 6. Ordinance 1631, as amended, and Title 16, Subdivisions, shall be amended
by amending Chapter 16.08 PAMC, Subdivision Regulations, in its entirety to read as
follows:
CHAPTER 16.08
SUBDIVISION REGULATIONS
Sections
16.08.010 Purpose and Intent.
16.08.020 Authority and Jurisdiction.
16.08.030 Definitions.
16.08.040 Applicability.
16.08.045 Parcels Traversed by Public Ways.
16.08.050 Procedure.
16.08.060 Standards and Policies.
16.08.070 Requirements for Acceptance of Plats.
16.08.080 Variances.
16.08.090 Validity.
16.08.095 Agreements to Transfer Land Conditioned on Final Plat Approval -
Authorized.
16.08.100 Enforcement and Penalties.
16.08.110 Plat Occupancy.
16.08.010 - Purpose and Intent.
A. PURPOSE. Land subdivision is the first step in the process of community
development. Once land has been cut up into streets, lots, and blocks and has been publicly
recorded, the correction of defects is costly and difficult. It is therefore in the interest of the
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public, the developer, and future property owners that subdivisions be designed and developed
in accordance with sound rules and proper minimum standards.
The purpose of this Chapter is to provide uniform regulations for the subdivision and
resubdivision of land into five or more parcels, so as to promote the public health, safety and
general welfare. It is further the purpose of this Chapter to implement the requirements of the
Growth Management Act of 1990 through the goals, policies, and objectives of the
Comprehensive Plan of the City, to comply with the requirements of the Zoning Code and
Urban Services Ordinance of the City, to ensure orderly growth consistent with the desired
urban design of the City, to promote effective and energy - efficient use of land, to prevent over-
crowding of land, to provide for adequate light and air, to promote safe and convenient travel
and lessen congestion on streets and highways, to provide for proper ingress and egress, to
ensure adequate provision for open spaces, drainage ways, transit stops, potable water supplies,
sanitary wastes, parks and recreation areas, playgrounds, schools and school grounds, sidewalks
and safe walking conditions on school routes, and other public requirements, to require uniform
monumenting of land subdivisions and conveyancing by accurate legal description, and to
prevent the creation of public nuisances.
B. INTENT. It is the intent of these regulations to provide the minimum controls
required to ensure that all platting and subdivision of land in the City of Port Angeles shall be
in the public interest and shall meet minimum standards of public health and public safety.
16.08.020 - Authority and Jurisdiction.
A. AUTHORITY. The Planning Commission is designated and assigned the
administrative and coordinating responsibilities contained herein, pursuant to the Laws of the
State of Washington, for the recommendation of approval or disapproval of plats, subdivisions
and dedications.
B. JURISDICTION. The City Council shall appoint a person who shall have the
authority, duties and responsibilities of Subdivision Administrator for the City of Port Angeles.
16.08.030 - Definitions.
A. ACCESS STREET - A street with the main function of providing access to adjacent
properties or for local traffic.
B. BUFFER STRIP - An area or strip of land located and planted with trees and shrubs
to provide a screen between conflicting land uses. (Parks, playgrounds and the site of public
buildings are sometimes used as a buffer.)
C. COLLECTOR ARTERIAL STREET - A street which provides for movement
within the smaller areas which are often definable neighborhoods and may be bound by higher
class (minor or principal) arterials. Collector arterials serve very little "through traffic" but
serve a high portion of local traffic requiring direct access to abutting land uses.
D. COMMISSION - The City of Port Angeles Planning Commission.
E. COMMUNITY DEVELOPMENT DEPARTMENT OR DEPARTMENT - The City
of Port Angeles Community Development Department.
F. COMPREHENSIVE PLAN - A Comprehensive Plan adopted by the Council in
compliance with the Growth Management Act of 1990 and which indicates the general locations
recommended for residential, commercial, and industrial land uses or zones and for streets,
parks, public buildings, and other public improvements. The Comprehensive Plan includes all
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its Appendices and individual comprehensive service and facility plans such as the Capital
Facilities Plan, the Comprehensive Water Plan and the Comprehensive Parks Plan.
G. COUNCIL - Port Angeles City Council.
H. CROSSWALK -WAY - A right -of -way dedicated to public use, ten feet or more in
width, which cuts across ablock to facilitate pedestrian access to adjacent streets and properties.
I. CUL -DE -SAC - (Court or Dead End Street) - A short street having one end open
to traffic and being permanently terminated by a vehicle turn- around.
J. DEDICATION - The deliberate appropriation of land by an owner for public uses,
reserving to the owner no other rights than such as are compatible with the full exercise and
enjoyment of the public uses to which the property has been devoted. The intention to dedicate
shall be evidenced by the owner by the presentment for filing of a final subdivision plat showing
the dedication thereon. Acceptance of the dedication by the City shall be evidenced by the
approval of such final subdivision plat.
K. DESIRED URBAN DESIGN OF THE CITY - The land use pattern and street
system as described by the Comprehensive Plan land use map and policies, the zoning map and
regulations, the subdivision regulations, and the Urban Services Standards and Guidelines.
L. EASEMENT - A grant by the property owner of the use of a strip of land by the
public, a corporation, or persons for specific purposes.
M. FINAL PLAT - The final drawing of the subdivision and dedication prepared for
filing for record with the County Auditor and containing all elements and requirements set forth
in this Chapter.
N. IMPROVEMENTS - Streets, with or without curb or gutter, sidewalks, crosswalk -
ways, water mains, sanitary and storm sewers, street trees, power and other appropriate items.
O. LOT - A portion of a subdivision or other parcel of land intended as a unit for
transfer of ownership or for development.
P. LOT FRONT - Unless otherwise specified on a plat, the narrow width of a lot which
abuts a public street shall be considered the front of said lot.
Q. MINOR ARTERIAL STREET - A street which provides for movement within the
large sub -parts prescribed by principal arterials. Minor arterials may also serve "through traffic"
but provide much more direct service to abutting land uses than principal arterials.
R. OWNER - A person, firm, association, partnership, private corporation, public or
quasi - public corporation, or any combination thereof.
S. PLANNED RESIDENTIAL DEVELOPMENT (PRD) - A planned residential
development is a site specific development which has been approved by the City Council under
the provisions of Chapter 17.19 of the Port Angeles Municipal Code. It may include a
subdivision of land in which residential lots are designed in clusters of individual lots with park
and open space areas between clusters and in which lots may be below the minimum lot widths
and lot areas required by the Zoning Code.
T. PRELIMINARY PLAT - An approximate drawing of a proposed subdivision
showing the general layout of streets and alleys, lots, blocks, and other elements of the
subdivision consistent with the requirements of this Chapter.
U. PRINCIPAL ARTERIAL STREET - A street which provides for movement across
and between large sub -parts of an urban region and serve predominantly "through trips" with
minimum direct service to abutting land uses.
V. STREET - A right -of -way, dedicated to public use, which provides vehicular and
pedestrian access to adjacent properties.
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W. SKETCH - A drawing showing proposed lot- layout, building line setbacks and
proposed locations and width of streets, width and area of each lot, sanitary and storm drainage.
X. SUBDIVIDER - DEVELOPER - A person who undertakes the subdividing or the
resubdividing of a lot, tract or parcel of land into two or more lots or other divisions of land for
the purpose, immediate or future, of transfer of ownership or development, including all changes
in street or lot lines.
Y. SUBDIVISION - The division or redivision of land into five or more lots, tracts,
parcels, sites, or division for the purpose of sale, lease, or transfer of ownership.
16.08.040 - Applicability. A final subdivision, approved in accordance with the
provisions of this Chapter and filed with the County Auditor, is required for all subdivisions
within the City, and no lot, tract, or parcel within any subdivision shall be sold, leased
transferred, redivided, altered, or vacated without compliance with the terms of this Chapter.
16.08.045 - Parcels Traversed by Public Ways. Public streets, roads, highways, alleys,
and other public ways, which traverse a parcel of land under one ownership, will be considered
to have divided that land into non - contiguous pieces without further need for complying with
subdivision requirements.
16.08.050 - Procedure
A. PRELIMINARY STEPS. The developer shall submit a sketch of a proposed
subdivision of land to the Community Development Department for review prior to submittal
of the Preliminary Plat.
B. PRELIMINARY APPROVAL. The developer or his surveyor shall then transmit
six (6) (or more if required) copies of the Preliminary plat, together with a filing fee, to the
Community Development Department. The amount of the filing fee shall be as established by
ordinance and set forth in Chapter 3.70 PAMC. The Community Development Department
shall submit written recommendations to the Planning Commission prior to the Commission's
public hearing in which the Preliminary plat is on its agenda.
The proposed plat shall be prepared by a licensed land surveyor and shall be submitted
to the Community Development Department at least thirty (30) days prior to the public hearing
of the Planning Commission.
Notice of the public hearing on a proposed plat or subdivision shall be posted by the
developer in a conspicuous place on or adjacent to the land proposed to be subdivided. Such
notices shall clearly indicate the time and place of the public hearing and shall be posted not less
than ten days prior to the hearing.
The Planning Commission shall examine the proposed plat, along with written
recommendations of the City departments, and shall recommend either approval or denial
thereon to the City Council. Within a period of ninety (90) days after a preliminary plat has
been submitted to the Community Development Department and other affected agencies, the
City Council shall either approve or disapprove the proposed Preliminary plat. The ninety (90)
days time period may be extended with the consent of the applicant. If an Environmental
Impact Statement is required, the ninety (90) day period shall not include the time spent
preparing and circulating the EIS.
Following final action of the City Council on a preliminary plat, the Community
Development Department shall notify the developer regarding changes required and the type
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and extent of improvements to be made. A copy of the City Council's action and
recommendations shall be forwarded to the developer and to any agency submitting
recommendations in regard to the preliminary plat.
Approval of a preliminary plat shall be considered conditional approval of the preliminary
plat, and shall not constitute approval of the Final plat; it shall be considered only as approval
of the layout submitted on the preliminary plat as a guide to the preparation of the Final plat.
If the preliminary plat is approved by the City Council, the developer, before requesting
final approval, shall elect to install or assure installation of the improvements required by
Section 16.08.070 PAMC by one of the following methods:
1. Actual installation of the required improvements, to the satisfaction and
approval of the City Engineer;
2. Furnishing to the City an assignment of a savings account or another approved
security or placing in trust, an amount equal to 150% of the cost of the improvements as
determined by the City Engineer, which assignment of savings account, other security, or trust
shall assure to the City the installation of the improvements, to the satisfaction and approval of
the City Engineer. This savings account, or other security, or trust shall be conditioned so that
no amount may be removed therefrom without prior written approval of the City, and shall
further provide that, if the improvements are not installed within the time limitations set by the
City Engineer, or not installed to the satisfaction of the City Engineer, then the City may
withdraw from the savings account, other security, or trust the amount necessary to complete
the improvement. The City Engineer shall determine the period of the assignment of the
savings account, other security, or the trust.
After completion of all required improvements the City Engineer and any government
agency involved shall submit a written notice to the Community Development Department
stating that the developer has completed the required improvements in accordance with PAMC
16.08.070 and with required installation standards.
C. FINAL APPROVAL. The Final plat shall conform to the Preliminary plat as
approved by the City Council. If desired by the developer, the Final plat may constitute only
that portion of the approved Preliminary plat which he proposes to record and develop at the
time.
The Final plat shall be submitted to the Community Development Department within five
years after City Council approval of the Preliminary plat. Said preliminary approval shall
become void unless a Final plat is submitted and approved by the City.
The developer shall submit a mylar tracing and six (6) prints (or more if required) of the
Final plat and other required exhibits, including a filing fee, to the Community Development
Department at least fourteen days prior to the meeting in which the Final plat is to be considered
by the Planning Commission. The amount of the fee shall be set by Resolution of the City
Council and may be amended or changed by Resolution from time to time, or as necessary.
The Planning Commission shall review the Final plat to determine if the plat conforms
with the Preliminary plat, the provisions of the Comprehensive Plan, the Zoning Code and other
land use regulations, the Urban Services Ordinance, the Urban Services Standards and
Guidelines, and these Subdivision Regulations and shall make its recommendation to the City
Council.
If the Planning Commission recommends approval ofthe Final plat, the Chairperson shall
sign the Final tracing.
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Following the recommendation of approval of the Final plat by the Planning Commission,
the Community Development Department shall obtain the signatures of the County Health
Officer (when required by the Commission), City Clerk, City Manager, Fire Chief, Director of
Public Works and Utilities, Community Development Director, and City Attorney on the Final
tracing and shall submit the tracing of the Final plat to the City Council for approval and
signature by the Mayor.
At least ten days prior to the public hearing of the City Council in which the Final plat is
to be considered, the developer shall post a notice regarding said hearing in a conspicuous
location on the site. Within thirty (30) days the City Council shall act upon the Final plat. The
thirty (30) day limit may be extended from the date of the Final plat being filed with the
Community Development Department with the consent of the applicant.
The developer shall have the Final plat recorded within thirty (30) days from the date his
Final plat is approved by the City Council.
After obtaining signatures of City officials and prior to thirty (30) days after recording,
the developer shall obtain and give to the Community Development Department a mylar or
equivalent duplicate of the Final plat.
D. APPROVAL AND REVIEW OF PRELIMINARY AND FINAL PLATS. When
a proposed plat or subdivision is situated adjacent to the right -of -way of state highways, said
plat or subdivision shall be submitted to the Director of Highways. Approval by the City shall
be withheld until said Director or his assistant has made a report to the City.
When a proposed plat, subdivision or dedication is adjacent to unincorporated territory
notice of such proposed plat shall be given to the Clallam County Planning Commission.
Any decision by the City Council approving or refusing to approve a plat or subdivision
shall be reviewable for arbitrary, capricious or corrupt action or non - action, by petition before
the Superior Court of Clallam County, by any aggrieved property owner of the county having
jurisdiction thereof. Provided, that due application for petition shall be made to such court
within twenty -one days from the date of any decision so to be reviewed.
16.08.060 - Standards and Policies.
A. GENERAL STANDARDS. If a proposed street and /or lot pattern for any zone in
Port Angeles has been made by the City Council or the Planning Commission, the street layout
of any new plat submitted shall be in general conformance to said pattern or plan. Otherwise
proposed streets in new subdivisions shall conform to the Comprehensive Plan, the Urban
Services Ordinance, the Urban Services Standards and Guidelines promulgated consistent with
and pursuant to PAMC 18.08.040 and 18.08.130, and the standards and requirements of this
Chapter.
No territory proposed to be subdivided shall be a part of, nor encroach upon, any area
designated in the Comprehensive Plan for future public facilities.
No plan for the platting, replatting, subdivision, or dedication of any area shall be
approved by the City unless each lot shall abut on a dedicated, improved, and maintained City
street and such street shall connect directly to an existing improved street that meets current
street improvement standards as set forth in the Comprehensive Plan, the Urban Services
Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and
pursuant to PAMC 18.08.040 and 18.08.130.
If any existing rights -of -way abutting the property being subdivided do not meet
minimum width standards, additional right -of -way shall be required in accordance with the
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standards as set forth in the Comprehensive Plan, the Urban Services Ordinance, and the Urban
Services Standards and Guidelines promulgated consistent with and pursuant to PAMC
18.08.040 and 18.08.130. Where the Comprehensive Plan or the City's official street plan
indicates the necessity of a new right -of -way of a required width or portion thereof for street
purposes, whether within a new plat or new subdivision, or along the boundaries of a new plat,
new subdivision or new lot, such required right -of -way or portion thereof shall be dedicated to
the City of Port Angeles by the filing of a plat.
The area of a cemetery in one unit shall be not more than eighty (80) acres, which may
or can be surrounded by streets and highways. If the area of a cemetery is intersected or cut by
dedicated or unplatted streets the areas on opposite sides of said streets shall form and be
considered separate units.
Sidewalks, pedestrian walkways, and other planning features that intended to assure safe
walking conditions for students who only walk to and from school shall be provided pursuant
to RCW 58.17.060 and 58.17.110. The Planning Commission may require plats to provide
areas for parks, playgrounds, open spaces, recreation facilities, schools, school grounds, transit
stops, and drainage ways.
Each proposed subdivision and the ultimate use of the land therein shall be in the interests
of public health, safety and welfare, and subdividers shall be prepared to present evidence to this
effect when requested by the City.
Restrictive covenants not contrary to existing regulations regarding the use of land,
governing and binding all future owners of lots or tracts, may be shown on any plat.
No Final plat of land within the force and effect of existing Zoning Regulations shall be
approved unless it is conforming with such Zoning Regulations.
Whenever there is a discrepancy between minimum standards or dimensions noted herein
and those contained in Zoning Regulations, Building Codes, or other official Regulations, the
highest standard shall apply.
B. GENERAL PRINCIPLES, POLICIES. The Commission shall ensure that
appropriate provision is made for: (1) the harmonious development of neighborhoods by
requiring coordination of streets within subdivisions with existing or planned streets, or with
other elements of the Comprehensive Plan; (2) adequate open spaces for recreation, schools,
light and air; (3) distribution of population and traffic which will create conditions favorable to
public health, safety and convenience.
The Commission shall inquire into the public use, interest or need proposed to be served
by the establishment of a subdivision. If the results of such an inquiry indicate that a
subdivision will not serve the public use, interest or need, the Commission may recommend
denial of such subdivision. The Commission shall ensure that a subdivision is consistent with
the Comprehensive Plan and Urban Services Ordinance.
Land which the Commission has found to be unsuitable for subdivision due to flooding,
bad drainage, steep slopes, rock formations or other feature likely to be harmful to the safety,
welfare and general health of the future residents, - and the Commission considers inappropriate
for subdivision, - shall not be subdivided unless adequate methods which are consistent with
the City's Wetlands and Environmentally Sensitive Areas Protection Ordinances are formulated
by the developer and approved by the Community Development Director.
C. STREETS.
1. The arrangement, character, extent, width, grade and location of all streets
shall conform with the Comprehensive Plan, the Capital Facilities Plan, the Urban Services
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Ordinance, and the Urban Services Standards and Guidelines, and shall be considered in their
relation to existing and planned roads, to topographic conditions, to public convenience and
safety, and in their appropriate relation to the proposed uses of the land to be served by such
roads.
2. Where such is not shown on the Comprehensive Plan, the arrangement of
streets in a subdivision shall either provide for the continuation or appropriate projection of
existing streets in the surrounding area; or shall conform to a street plan for the neighborhood,
approved by the City, to meet a particular situation where topographic or other conditions make
continuance or conformance to existing streets impracticable. This shall also apply to cluster
subdivisions.
3. If a street plan for an area has been made by the City, the street layout of a
proposed subdivision in such an area shall be in general conformance to the plan.
4. When a portion of a subdivider's tract is to be subdivided, a street plan for the
entire tract shall be submitted to indicate how the street pattern of the plat submitted will
coordinate with the entire tract when fully platted and with streets in the surrounding area.
5. Where a tract is subdivided into lots or tracts larger in area than twice the
minimum lot size, the City may require an arrangement of lots and streets such as to permit a
later re- subdivision in conformity with the street and lot requirements specified in these
Regulations.
6. Where a proposed subdivision abuts or contains an existing or proposed
arterial street of or is adjacent to an existing or planned business, commercial or industrial
district, the City may require treatment as may be necessary (1) for the adequate protection of
residential properties; and (2) to afford separation of through and local traffic.
7. Where a subdivision borders or contains a railroad or limited access highway
right -of -way, the City may require a road approximately parallel to and on each side of such
right -of -way at a distance suitable for appropriate use of the intervening land. Such distances
shall also be determined with due regard for the requirements of approach grades and future
grade separations.
8. Streets shall be laid out so as to intersect as nearly as possible at right angles.
Acute angle intersection shall be avoided.
9. There shall be no reserve strips controlling access to roads, except where the
control of such strips is definitely placed with the City under conditions approved by the
Commission.
10. Sidewalks, pedestrian walkways, and other planning features that intended
to assure safe walking conditions for students who only walk to and from school shall be
provided pursuant to RCW 58.17.060 and 58.17.110.
D. BLOCKS.
1. The lengths, widths and shapes of blocks shall be determined with due regard
to provision of adequate building sites suitable to the special needs of the type of land use
contemplated, the
zoning requirements as to lot area and dimensions, limitations and opportunities of the
topography and other environmental constraints, needs for convenient access, circulation,
control and safety of vehicular and pedestrian traffic, and the desired urban design of the City.
2. Where the local access streets follow a grid system, the width of blocks shall
be sufficient for two tiers of lots, unless existing conditions are such, in the judgment of the
City, to render such requirements undesirable or impractical.
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3. Where the local access streets follow a curvilinear system, the size of blocks
should follow the large rectangular area bounded by arterial streets, unless future considerations
are such that, in the judgment of the City, will render such allowances undesirable or
impractical.
4. For residential subdivisions, where frontage is on an arterial, the short
dimension of the block should front the arterial.
5. Pedestrian crosswalk and sidewalks shall be required where deemed essential
to provide circulation or access to schools, playgrounds and parks, shopping areas, arterial
streets and trails, and other community facilities.
E. LOTS.
1. The lot area, width, depth, shape and orientation, and the minimum building
setback lines shall be appropriate for the location of the subdivision, for the type of development
and land use contemplated, and for the type of street systems planned for the area, and shall
conform with the requirements of the Zoning Ordinance.
2. Excessive depth in relation to width shall be avoided. No lot shall have a
depth greater than three times its width.
3. Corner lots for residential use shall have extra width to permit appropriate
building setback from and orientation to both streets.
4. To ensure public health, convenience and safety, the subdividing of land shall
provide, by means of a public street, each lot with direct access to an existing public street that
is improved to City street standards.
5. Double frontage and reverse frontage lots shall be avoided, except where
essential to provide separation of residential development from arterial streets or to overcome
specific disadvantages of topography and orientation. A planting screen easement across which
there shall be no right of access shall be provided along the line of lots abutting such a principal
arterial street or disadvantageous use.
6. Side lot lines shall be substantially at right angles or radial to street lines and
front lot lines.
7. No lot or lots for residential purposes shall be divided or sold into additional
lots or building sites, without compliance with Title 16 PAMC.
F. PUBLIC SPACES.
1. Where a proposed park, playground, school, or other public use shown in the
Comprehensive Plan, including the Capital Facilities Plan, and Urban Services Ordinance is
located in whole or in part in a subdivision, the City may require the dedication or reservation
of such area within the subdivision in those cases in which the City deems such requirement to
be reasonable.
2. Where deemed essential by the City due to the location of the subdivision and
upon consideration of the particular type of development proposed in the subdivision, and
especially in subdivisions of 30 lots or more, the City may require the dedication or reservation
of such areas or sites of a character, extent and location suitable to the needs created by such
large subdivisions for schools, parks and other neighborhood purposes.
3. Due regard shall be shown for the preservation of outstanding natural and
cultural features such as scenic spots, water courses, and historic sites, consistent with the
Comprehensive Plan, the Wetlands Protection Ordinance, and the Environmentally Sensitive
Areas Protection Ordinance..
G. EASEMENTS.
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1. Utility easements shall be provided, centered on front, rear, or side lot lines,
where possible.
2. Where a subdivision is traversed by a water course, drainage way, channel,
or stream, there shall be provided a storm water easement or drainage right -of -way conforming
substantially with the lines of such water course, and such further width or construction, or both,
as will be adequate for the purpose. Parallel roads or parkways may be required in connection
therewith.
H. STREET LIGHTING. Street lighting installations shall be located in reference to
the dimensions of full grown trees and in accordance with the determinations and standards of
the Public Works & Utilities Department.
I. DIMENSIONAL STANDARDS. Variations from and exceptions to the following
standards may be made by the City, where topographic or other existing conditions make
adherence to these Regulations impractical.
J. STREET IMPROVEMENTS. Street Improvements shall be provided in accordance
with the Urban Services Standards and Guidelines promulgated consistent with and pursuant
to PAMC 18.08.040 and 18.08.130.
K. BLOCKS.
1. Maximum length of all blocks shall be approximately twelve hundred (1200)
feet.
2. Minimum length of all blocks shall be approximately five hundred (500) feet.
3. Crosswalks may be required near the middle of all blocks longer than
approximately eight hundred (800) feet.
4. Minimum width of all blocks with two tiers of lots (plus width of alley, if
any), shall be three hundred (300) feet.
L. LOTS.
1. The minimum width, depth, area and setback dimensions of all lots in
proposed subdivisions shall conform with City Zoning Regulations. If any dimension in a plat
approved by the City is more restrictive than the said Regulations, then the most restrictive
dimension shall apply.
M. BUILDING LINE SETBACK.
1. The building line setback from the property lines of all lots shall be indicated
by a dashed line on all plats.
2. Required setbacks are a minimum, not a uniform standard. Varied setbacks
along a street help avoid a monotonous barracks appearance.
N. STANDARD PIPE SIZE.
The size of water, sanitary sewer, and storm drainage pipes shall be as set forth in
the Comprehensive Plan, Urban Services Ordinance, the Urban Services Standards and
Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130.
O. PROCEDURE FOR REIMBURSEMENT
Procedures for reimbursement shall be the same as that set forth in Section
13.68.140 PAMC.
P. SIGNAGE One (1) free standing sign no larger than twenty -four (24) square
feet in area shall be permitted for identification of the subdivision. The sign shall be placed in
a location in conformance with the development standards of a particular zone.
16.08.070 - Requirements for Acceptance of Plats.
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A. DATA REQUIRED FOR APPROVAL OF PRELIMINARY PLAT.
The preliminary plat shall be at a scale of not less than two hundred (200) feet to
one (1) inch. Data required for the preliminary plat shall include the following information,
unless otherwise specified by the City:
1. Location, width and purpose of all easements, existing and proposed.
2. Name and right -of -way widths of all existing and proposed streets on or
adjacent to the proposed subdivision.
3. Approximate location and size of all utilities (water mains, sewers, etc.) on
an adjacent to the proposed subdivision.
4. Contours, based on City adopted vertical datum, shall have intervals of not
more than 5 feet for slopes of 10% or more and not more than two feet for slopes of 10% or less.
5. Locations of and results of tests made to ascertain subsurface soil, rock, and
ground water conditions, when required by the City Engineer.
6. Approximate locations of water courses, marshes, rock outcrops, wooded
areas, natural retention areas, direction of drainage, culverts, houses, all non - residential land
uses and all other significant features on and adjacent to the proposed subdivision.
7. Zoning on and adjacent to the proposed subdivision.
8. All highways or other major improvements planned by public authorities for
future construction on or near the proposed subdivision.
9. A vicinity sketch showing relation of the proposed subdivision to the
surrounding area with regard to major improvements.
10. The legal description of the tract to be platted, title under which the proposed
subdivision is to be recorded, names and addresses of the owners, date, scale, north arrow.
11. The legal description of the proposed lots.
12. Ownership of unsubdivided land adjacent to the proposed subdivision and
names of adjoining existing plats.
13. The required building setbacks and any existing buildings and /or major
structures shall be shown for each proposed lot as well as their distances from property lines.
14. Identification of each lot and each block.
15. Approximate square footage and scaled dimensions of each lot.
16. Summary of site data, including total acreage, acreage in residential use,
acreage in streets, and number of acres in parks and other non - residential land uses.
17. Environmental Checklist with filing fee.
18. Shoreline and Wetland permit applications and Environmentally Sensitive
Areas Protection Ordinance compliance (when required).
19. Affidavits of posting and publication.
B. SUBDIVISION IMPROVEMENTS REQUIRED. All street and utility
improvements must be designed to comply with the current APWA standards and as specified
by the City Engineer and with the Comprehensive Plan, the Urban Services Ordinance, and the
Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC
18.08.040 and 18.08.130. Plans and specifications for street and utility improvements must be
approved by the City Engineer prior to the beginning of construction. Minimum improvements
shall be as follows:
C. STREETS.
1. The entire right -of -way shall be cleared and grubbed of all objectionable
materials. Trees approved by the City for preservation shall be identified.
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2. Streets shall be graded and improved with paving, curbs and gutters, drainage
and sidewalks, and pedestrian walkways according to the approved plans and roadway section.
3. Street lights shall be installed as specified by the City Engineer.
4. Street name signs shall be provided and installed by the City at cost to the
developer.
5. Permanent monuments shall be installed and each lot shall be staked.
D. UTILITIES. A water distribution system, storm drainage system, electrical
distribution system and a sanitary sewage disposal system shall be designed and installed in
accordance with the Comprehensive Plan, the Urban Services Ordinance, and the Urban
Services Standards and Guidelines promulgated consistent with and pursuant to PAMC
18.08.040 and 18.08.130.
E. PARKS. Parks and recreation shall be provided consistent with the Comprehensive
Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines
promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130.
F. RECOMMENDED STREETSCAPE IMPROVEMENTS.
1. Street Trees. Sti t gees are a t t t
prom ga a gtaie�
ffStreet trees are to shall
be planted within a planting strip in the right -of -way; of arterial streets. their- pProposed
locations and species to be used arc to shall be submitted for review and approval by the City.
The City can assist the subdivider in location of trees and species to use under varying
conditions. Street trees are a protection against excessive heat and glare, enhance the
attractiveness and value of abutting property, and reduce the amount of stormwater runoff.
G. REQUIRED DATA FOR APPROVAL OF FINAL PLAT. The final plat shall be
an eighteen (18) inch by twenty -four (24) inch permanent reproducible, and shall be at a scale
of not less than two hundred (200) feet to one (1) inch. A reduced copy no larger than 11" x 17"
shall be submitted with the final prints. For large subdivisions, the plat may be on several
sheets, accompanied by an index sheet showing the entire subdivision. The final plat shall be
accompanied by a report containing accurate square footage and dimensions of each lot and
block and the coordinates of each monument; a title report; and shall include a warranty that all
assessments in favor of the City have been paid.
The final plat and survey shall be based on the Washington Coordinate System, North
Zone, as adopted by the City. The final plat shall show the following:
1. A minimum of two permanent plat control monuments with coordinates, to
which all dimensions, bearings, azimuths and similar data on the plat shall be referred.
2. Permanent monuments at all corners.
3. Subdivision boundary lines, right -of -way lines, easements, lot lines with
accurate dimensions, bearings or azimuths, radii, central angles, and lengths of all curves.
4. Name and right -of -way width of each street. Any street not dedicated to the
public must be so marked on the face of the plat (RCW 58.17.165).
5. Location, dimensions and purpose of all easements.
6. Identification of each lot and block with addresses shown on the lots.
7. The required building setbacks and any existing buildings and /or major
structures shall be shown for each proposed lot as well as their distances from property lines.
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8. Purpose for which sites, other than residential, are dedicated to the public or
reserved for future development.
9. The required building setbacks on each proposed lot.
10. Location and description of all monuments.
11. The title under which the subdivision is to be recorded, true north and grid
north arrows, scale, and legend.
12. Legal description of the land to be platted;
13 The legal description of the proposed lots
14. Certification by registered land surveyor as to the accuracy of plat and survey.
15. Certificate by owner(s) containing the legal description of the land to be
platted and dedicating roads, rights -of -way, easements and any sites for public purposes.
16. Certification of approval by: (a) the Planning Commission; (b) Director of
Public Works and Utilities; (c) Health Department (when required); (d) City Council; (e) City
Manager, City Clerk, Fire Chief, Community Development Director, and City Attorney.
17. Certification by the County Treasurer that all state and county taxes levied
against the land to be subdivided have been paid in full.
18. Certification of filing by County Auditor.
19. If improvements are to be deferred rather than actually installed prior to final
plat approval, the plat shall show a notation as follows: "No occupancy of dwelling units will
be allowed until all roadway and utility improvements have been completed and approved by
the City Engineer."
16.08.080 - Variances and Modifications. Where the City finds that extraordinary
hardship may result from strict compliance with these Regulations, it may vary the Regulations
so that substantial justice may be done and the public interest secured; provided that such
variance will not have the effect of nullifying the intent and purpose of the Comprehensive Plan
or these Regulations.
The standards and requirements of these Regulations may be modified by the City through
a Planned Residential Development which in the judgment of the Commission or the Council
will provide adequate public spaces and improvements for the circulation, recreation, light, air
and service needs of the tract when fully developed and populated, and which also will provide
such covenants or other legal provisions as will assure conformity with and achievement of the
plan.
In granting variances and modifications, the City may require such conditions as, in its
judgment, will secure substantially the objectives of the standards or requirements so varied or
modified.
16.08.090 - Validity. Should any section, subsection, paragraph, sentence, clause or
phrase of these Regulations be declared unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining portions of these Regulations.
16.08.095 - Agreements to Transfer Land Conditioned on Final Plat Approval -
Authorized. If performance of an offer or agreement to sell, lease, or otherwise transfer a lot,
tract, or parcel of land following preliminary plat approval is expressly conditioned on the
recording of the final plat containing the lot, tract, or parcel under this Chapter, the offer or
agreement is not subject to PAMC 16.08.100 and does not violate any provision of this
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Chapter. All payments on account of an offer or agreement conditioned as provided in this
Section shall be deposited in an escrow or other regulated trust account and no disbursement to
sellers shall be permitted until the final plat is recorded.
16.08.100 - Enforcement and Penalties. Within any twelve -month period of time, any
person, firm or corporation that has platted, subdivided or divided any parcel of land or property
in two (2) or more lots or tracts, each of which is five (5) acres or less in area, for the purpose
of providing building sites, and has failed to comply with the provisions of these Regulations,
shall be subject to a fine not to exceed one hundred ($100.00) dollars for each lot or tract, or
imprisonment in jail for a period not to exceed thirty (30) days, or both.
Any person, firm or corporation who agrees to transfer, sell or option to sell any lot or
tract by reference to a plat or map of a subdivision or division, before such plat has been filed
for record in the office of the County Auditor, shall pay a penalty of one hundred ($100.00)
dollars for each lot or tract transferred, sold, or optioned to be sold. Description of such lots or
tracts by metes and bounds in the instrument of transfer shall not exempt the transaction from
such penalty.
The Community Development Department shall refer violations to the City Attorney for
appropriate action to enforce these penalties
16.08.110 - Plat Occupancy. If the developer of a plat elects to assign savings or provide
other security or trust approved by the City and thereby assure that the installation of the
required improvements for final plat approval will be done to the satisfaction and approval of
the City Engineer, building permits for the construction of houses within the plat will be issued
to the developer subject to the following conditions:
1. The final plat must have received all required approvals and be recorded with the
County Auditor.
2. No occupancy of any dwelling units will be allowed until all street and utility
improvements have been completed and approved by the City Engineer.
Section 7. Severability. If any provisions of this Ordinance or its applications to any
person or circumstances is held to be invalid, the remainder of the Ordinance or application of
the provisions of the Ordinance to other persons or circumstances is not affected.
Section 8. Corrections.
The City Clerk and the codifiers of this ordinance are authorized to make necessary
corrections to this ordinance including, but not limited to, the correction of the
scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
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Section 9. Effective Date . This Ordinance shall take effect five days after its
publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 7th day of December, 2004.
ATTEST:
APPROVED AS TO FO
William E. Bloor, ity Attorney
PUBLISHED: December 12, 2004
By Summary
G:\ Legal_ Backup\ ORDINANCES& RESOLUTIONS ',2004- 24.DevelopmentRegs- Chapter 14- 16.102604.wpd
November 23, 2004
Summaries of Ordinances Adopted by the
Port Angeles City Council
on December 7, 2004
Ordinance No. 3178
This Ordinance of the City of Port Angeles, Washington, amends the 2004 budget, adopts the 2005
budget, and provides for a cost of living increase for certain city employees.
Ordinance No. 3179
This Ordinance of the City of Port Angeles, Washington, amends and updates the City's development
regulations to be consistent with the City's revised Comprehensive Plan by adding a new Chapter
15.02 Definitions, and amends Chapters 14.36, 15.20, 15.24, 15.28, and 16.08 of the Port Angeles
Municipal Code.
Ordinance No. 3180
This Ordinance of the City of Port Angeles, Washington, amends and updates the City's development
regulations to be consistent with the City's revised Comprehensive Plan by amending portions of the
Zoning Code, Title 17, of the Port Angeles Municipal Code.
Ordinance No. 3181
This Ordinance of the City of Port Angeles, Washington, rezones the following described property:
From RS -9 (Residential, Single Family (9,000 square feet)) and RMD (Residential, Medium Density),
to RS -11 (Residential, Single Family (11,000 square feet)): The subject area is bounded on the
southeast by Milwaukee Drive, the 16th Street right -of -way on the southwest, 106 Street and the Strait
of Juan de Fuca on the north, and the cemetery on the west, with the exception of the area currently
zoned RTP.
From IL (Industrial, Light) to PBP (Public Buildings and Parks): Parcel #0630001173000000, Lot 173
except S & E of right -of -way Recorded in Surveys Volume 56, Page 10.
From CN (Commercial Neighborhood) to CSD (Community Shopping District): The area adjacent
to 8th Street bounded by Laurel and Oak Streets and the 7/8 alley on the north and the 8/9 alley on the
south; also the area adjacent to 8th Street bounded by Chase and Peabody Streets, and the 7/8 alley on
the north and the 8/9 alley on the south; except the area currently zoned PBP and occupied by the City
of Port Angeles' Community Center parking lot.
The full texts of the Ordinances are 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. These Ordinances shall
take effect five days following the date of publication by summary.
Becky J. Upton, CMC
City Clerk
Publish: December 12, 2004