HomeMy WebLinkAbout3582 ORDINANCE NO.
AN ORDINANCE A u"CE of the City of Port Angeles, Washington, revising
Title 15, Chapter 15.24 of the Part Angeles Municipal Code relating
to Wetlands Protection..
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as
follows:
WHEREAS, wetland areas and their buffers are valuable and fragile natural resources to
the City and the region with sigmificant development constraints due to flooding, erosion, soil
liquefaction Potential and septic disposal limitations.
WHEREAS, The Washington State Growth Management Act retluires that jurisdictions
periodically update their development regulations for critical areas.
WHEREAS, PANIC 15.24, Wetlands Protection.Ordinance was last updated.in 2004.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY CSF PORT ANGELES DO
HEREBY ORDAIN as follows:
Section 1.. Ordinance 2555 as amended, and Chapter 15.24 of the Port Angeles
Municipal Code are hereby amended to read as follows:
CHAPTER 15.24 _ WETLANDS PROTECTION
15.24.020_ Definitions.
In addition to definitions contained in.Chapter 1.5.02, the following definitions shall apply. Where
definitions exist in both Chapter 15.02 and section 15.24.020, the definitions in 15.24.020 shall
apply;
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 Depaftment ef Eealegy Wetland identifieation and Delineation N4
Corps of Engineers
Wetlands Delineation Manual,Technical Report Y-87-1 and Regional Supplement to the Corps of
Eng`neers Wetland Delineation Manual: 9estern Mountains, T"a Lleys, and Coast Region (Version
X. Qualified Professional — A person with experience and training in the pertinent scientific
discipline, and who is a qualified scientific expert with expertise appropriate for the relevant
critical area subject in accordance with WAC 365-195-905. A qualified professional must have
obtained a B.S. or B.A. or gquivalent deg[ee in biology, engineering
environmental studies,
fisheries, geomorphology, or related field, and have at least five years of related work experience.
A qualified professional for wetlands must be a professional wetland scientist with at least two
years of full-time work experience as a wetlands professional,including delineating wetlands using
the state or federal manuals, pLeparing wetlands rqports, conducting function assessments, and
developing and implementing mitigation plans.
Y. "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;
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 a wetland's water sources, including quantity, or the
introduction of pollutants.
YL "Regulated wetlands" means ponds 20 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 1, 11, 111 and IV wetlands are defined
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in Section 15.24.0400, Wetlands Rating System. All Category I wetlands shall be considered
regulated wetlands. Regulated wetlands do not include Category 11 and III wetlands less than 2,500
square feet and Category IV wetlands less than 10,000 square feet. Regulated wetlands do not
include those artificial wetlands intentionally created from nonwetland sites, including but not
limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities. The applicant shall bear the
burden of proving that the site was not previously a wetland. For identifying and delineating a
regulated wetland, local government shall consider the latest version of the Washington State
Department of Ecology Wetland Identification and Delineation Manual.
ZAAAA. "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.
A-ABB. "Serviceable"means presently usable.
BW.,C-."Unavoidable and necessary impacts"are impacts to regulated wetlands that remain after
an applicant proposing to alter regulated wetlands has demonstrated that no additional mitigation
measures are practicable.
GCDD. "Wedamdi'L, fef the pufpeses of inventovy, ineentives,and noareguleAoFy programs;
fneans those lands transitional be4ween tefr-estfial and whefe thia watef table is
ustta... _1 near- the suffaee of the land is eove Nvatef. �F the PtfFP es of thi-S
ion wetla ds must haAxe one or-mon-of the fellowing attfibtAesi
"fiIii61 --M
I. At least pefiedie-ally, the land supports pr-edominantly hydfophytes;
2. The substfate is predominantly undr-aified hydfie soil;
-ated with watef of eov red by - w-+-- at some
W substfate is fienseil and is satur e
— the gFowing season of eaeh yeaf.
Welland"or "wetlands"means areas that are inundated or saturated b v surace ivater or ground
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water ata freauency and duration sufficient to support, and that under normal circumstances do
supi2ort, a Prevalence of vezetation typically adanted 16r
JtA, in saturated soil conditions.
Wetlands generally include swarm, marshesit
, bogs, and si idar areas,
ffIetlands do not include those artificial wellands intentionaltv created kom non-wetland sites,
includinbut not limitc d to, irrigation and drainage ditches, gz-ass-linerd swalas, canals, detention
,g
.1cacifities, wastewater treatment fizcilities, Larm Ponds, and landscape amenities, or those wetlands
created afier July 1, 1990, that were unintentionally created as a result oLthe construction of a
road
, street, or hhivay. Wetlands do include those artificial wetlands intentionallv created fi-om
non-wetland areas created to mitigate conversion of wetlands.
DDEE. "Wetland buffers""or "wetland bufJer zones"is an area that surrounds and protects a wetland
from adverse impacts to the functions and values of a regulated wetland.
ELEFF. "Wedand classes"" "classes o0vetlands", or ""wetland types""means descriptive classes of
.
the wetlands taxonomic classification system of the Washington State Wetland Rating System for
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Western W/ashin on(Ecology Publication 04-06-025
IdentifiepAien 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 fleet in height.
3. "Scrub-shrub wetland"means a regulated w e- land 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 consists of or is adjacent, to tidal
habitats and is 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 include both estuaries and lagoons.
4_ G "Wetlands permit" means any permit issued, conditioned, or denied specifically to
implement this chapter.
G HH."Wetdand edge" means the boundary of a wetland as delineated based on the definitions
contained in this chapter.
15.24.040 - Lands two which this chapter applies.
C. Determination of regulatory wetland boundag, The exact location of the wetland
boundary shall be determined through the performance of a field investigation applying the
wetland definition provided in section 1.5.24.020 of this chapter. Qualified professionals
shall perforin -wetland delineations using the latest version of the approved
federal wetland delineation manual and a licczlle rc Tonal s lerraents �-,
Wetlands Id ntifieation and Delineation "
9W. An applicant for a wetland permit is required under subsection 15.24.06O.C.3. to
showy the location of the wetland boundary on a scaled drawing as a part of the permit application.
The Director of Community and. Economic Development shall decide whether the qualified
professionals 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
subsection 15.24.060.C.4.ofthis chapter.
Where the delineation is performed under the Director of Community and Economic
Development's direction, such delineation shall be considered a final determination..
Where the applicant has provided a delineation of the wetland boundary, the Director of
Community and Economic 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 Director of Community and Economic Development shall, at the applicant's
expense.,obtain expert services to render a final delineation.
( �I
15.24.060 - Procedures for wetland permits.
f
C. Permit applications.
I. Request.16r determination of pplicabil ty Any person seeping to determine whether a
proposed activity or an area, is subject to this chapter may request in writing a determination from
the Director of Community and Economic Development, Such a request for determination shall
contain plans, data, and other information as may he specified by the Director of Community and,
Economic Development.
2, Pre-permit consultations: Any person intending to apply for a wetland permit is strongly
encouraged,but net required,to meet with the Director of Community and Economic Development
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.
. 106rmat on requirements- -Wetlands: Unless the Director of Community and Economic
Development 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:
a. . A wetland report shall be prepared by a qualified
professional W..' ovetland repo
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 300 feet of the project area,
iii. All shoreline areas, water features, fioodplains, and other environmentally sensitive areas,
and related buffers within 300 feet.
C. Wetland an atyscs. 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 300 feet
of the project area, including the following information at a minimum
(A) Wetland delineation and required buffers;
(B) Existing wetland acreage;
(C) Wetland category; vegetative, faunal, and hydrologic characteristics;
(D) Soil and substrate conditions, and
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(E) 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:
(A) Existing and proposed wetland acreage;
(B) Vegetative, faunal, and hydrologic conditions;
(C) Relationship within watershed and to existing water bodies-,
(D) Soil and substrate conditions, topographic elevations;
(E) Existing and proposed adjacent site conditions;
(F) Required wetland buffers; and
(G) 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 Director of Community and Economic Development 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 Director of Community and Economic Development
shall maintain and make available to the public, all information applicable to any wetland and its
buffer.
Section 2 - 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, refert-nees, ordinance numbering, section/subsection
numbers and any references thereto.
Section 3 - Severabilily. If any provisions of this Ordinance, or its application to any
Person or circurnstances, are held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other Persons or circurnstances, is not affected.
Section 4-Effective Date. This Ordinance,being an exercise of a Power specifically
delegated to the City legislative body, is not subjLvt to referendum. This ordinance shall take
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effect five (5) days after passage and publication of an approved summary thereof consisting
of the title.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 20'h day of June, 2017.
Patrick Downie, Mayor
ATTEST: APPROVED AS TO FORM:
ell,
ACUM I lk
I&im'fek Ven'&1wen, City Clerklil 00 E.'Jilcipi,JCity Attorney
PUBLISHED: 5,� 2!5 1 ZO
By Summary
Summary of Ordinance adopted by the Port Angeles City Council on June 20, 2017
ORDINANCE NO. 3582
AN ORDINANCE of the City of Port Angeles, Washington, revising Title 15, Chapter 15.24 of
the Port Angeles Municipal Code relating to Wetlands Protection.
ORDINANCE NO. 3583
AN ORDINANCE of the City of Port Angeles, Washington adopting amendments to the
Comprehensive Plan.
ORDINANCE NO. 3584
AN ORDINANCE of the City of Port Angeles, Washington amending Chapter 2.78 of the Port
Angeles Municipal Code relating to the Code of Ethical Conduct.
ORDINANCE NO. 3585
AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 3.15 of the Port
Angeles Municipal Code relating to Funds.
These ordinances are not subject to referendum, and shall take effect five days after the
publication of summaries. The full texts of the Ordinances are available at City Hall in the City
Clerk's office on the City's website at www.cityofpa.us, or will be mailed upon request. Office
hours are Monday through Friday 8:00 a.m. to 5:00 p.m.
Jennifer Veneklasen
City Clerk
Published by summary: June 25, 2017