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HomeMy WebLinkAbout2016-06-08 PC Agenda Packet AGENDA PLANNING COMMISSION 321 East Fifth Street June 8, 2016 6:00 p.m. I. CALL TO ORDER Pledge of Allegiance led by Chair II. ROLL CALL III. APPROVAL OF MINUTES Regular meeting of May 25, 2016 IV. FAÇADE AND SIGNAGE GRANTS 1. FSG 16-03 Coyote Barbeque Pub Sign V. PUBLIC MEETING 1. Proposed Amendments to City Wetlands Protection Ordinance VI. COMMUNICATIONS FROM THE PUBLIC VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT C OMMUNITY & E CONOMIC DEVELOPMENT MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 May 25, 2015 6:00 p.m. ROLL CALL Members Present: Elwyn Gee, Brian Hunter, Duane Morris, John Matthews, Andrew Schwab Members Absent: Chad Aubin, Matt Bailey Staff Present: Nathan West, Scott Johns, Ben Braudrick, Heidi Greenwood Public Present: Dan Williams, John Ralston, Mat Spinks, Anne Murray, Randall Johns, Jacob Oppelt, Betsy Robins, Steve Bearman, Laurel Black, Young Johnson, Jerry Austin, John Yarbourgh, Jeff Bowman PLEDGE OF ALLEGIANCE Chair Hunter opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES: Commissioner Schwab moved to approve the Minutes of May 11, 2016. Commissioner Gee Seconded the Motion, and all were in approval. PUBLIC HEARINGS 1. 2016 Comprehensive Plan Update Director of Community and Economic Development Nathan West opened by communicating the importance of the 2016 Comprehensive Plan Update and the involvement of the public in the process. He then introduced Ryan Hughes, a principal planner of Studio Cascade–the firm that was hired to lead the public process for the Comprehensive Plan Update. Mr. Hughes gave a presentation on the process, and the outcomes of the process. Associate Planner Scott Johns presented the Staff Report for the 2016 Comprehensive Plan Update. Director West added that the entire staff report is included as a part of the public record and copies were available for anyone in the audience. He mentioned that there was a remaining schedule which included two City Council Meetings on June 7th, the first reading of the ordinance, and June 21st, the date for adoption of the ordinance. He reiterated that the recommendation from staff tonight was to recommend approval of the 2016 Comprehensive Plan Update to the City Council. He made it clear that there were other options should any Commission be concerned with moving forward tonight: Recommending approval, recommending denial, recommend that staff make changes to the document before moving forward, and another possibility might be that if there are controversial items that the Planning Commission is concerned that they could address them in the January 2017 update. The hearing Planning Commission Minutes May 25, 2016 Page 2 can also be continued to a special meeting at a later date to give the Commission more time to reflect on the document. Commissioner Morris asked about new policy 18 in the Economic Development element that had a typo. Director West agreed that there was a typo. Commissioner Schwab asked if the comments not directly related to the policy development of the Comprehensive Plan were still captured. Director West answered that all comments had been documented. Associate Planner Johns added that there were hard copies available of all the public comment. Chair Hunter asked about a policy that was not included in the update that was developed through the public input related to fossil fuel use and storage in the harbor. He wanted to know about the possibility of expansion of those uses through conditional use or otherwise. Director West responded that any development that fell within 200 feet of the shoreline would require a Shoreline Development Permit or a Shoreline Conditional Use Permit. Chair Hunter responded that the document includes under the Economic Development Element Goal D Policy 2 “[t]he City should encourage and pursue economic development with positive environmental consequences.” For conformance with the comprehensive plan we would have to take that into consideration in regard to fossil fuels. Commissioner Morris asked about the numbering and priority of the policy listing. Director West responded that there is no priority intended related to the numbering of policies. Chair Hunter opened the public hearing. Dan Williams, 2416 Woodside Circle Spoke in support of the Port Angeles Aerial Tram project, of which he is a Senior Analyst. Jerry Austin, 1305 East 1st Street Spoke in support of the development of a marina east of the site of the Red Lion Hotel, and housing downtown to support marina activity. John Ralston, PO 898 Port Angeles Mr. Ralston listed a series of minor corrections and grammatical inaccuracies he thought should be made. He felt that stormwater management portions of the Comprehensive Plan may be getting the cart before the horse when the Stormwater Management Plan has not yet been adopted. He questioned why, in reference to Transportation Goal B identifying Lauridsen Boulevard as a cross-town route, the city has not allowed for the analysis of other east/west arterials as possible Planning Commission Minutes May 25, 2016 Page 3 route options He thought that there needed to be further public discussion on the topic before moving ahead with the current proposed route. He felt that the city did not have a tax base or personnel that would allow for creation of maintenance of either an archeological database or a Tree Management Plan. Jeff Bowman, 3753 South Canyon Circle Commented on the need for a better connection with the regional Olympic Discovery Trial between Valley Creek Estuary and the Tumwater Truck Route. The Olympic Discovery Trail should not only be located in the Transportation Element of the Comprehensive Plan. The Trail should also be identified as an important economic development, recreation, and public health feature for the community. Anne Murray, 306 Lopez Street Felt the current plan for Lauridsen to be developed as a cross-town route is irresponsible. The route travels through two school zones, the local library, the Peninsula Housing Authority’s family housing, as well as the proposed site of a new Boys and Girls Club. She wanted to know what the “desired urban design” was defined as in the context of Lauridsen being proposed as the cross-town route. She thought that the city and community could move beyond the over 25 year old proposal and find a new alternative to the current plan for Lauridsen. Commissioner Schwab asked what the repercussions for not meeting the deadline are. Director West responded that the City did request an extension from the Department of Commerce, but was not granted one. Being out of compliance would mean that the City would be limited in its ability to execute most state related grants. If the Planning Commission felt that it was appropriate to delay the decision and further review the Comprehensive Plan Update, the City would make due. It is important to note that there are opportunities to amend the Plan on an annual basis, and if there were any concerns with the contents of the document, they could be addressed beginning in January of 2017. Director West responded to two of the speakers. Mr. Williams and Mr. Ralston. Mr. Ralston had issues specific to trees, stormwater, and archeology. Policies related to those topics had been included into the Comprehensive Plan prior to the public input so that they could be reviewed throughout the public input process. Those decisions were taken in response to actions already taken by City Council. City Council and Planning Commission adopted a Tree Policy and adopted the Tree City USA Program. Those policies are intended to reflect those adoptions. In regard to stormwater, Port Angeles has a mandate from the State and a permit to complete as required by the State Department of Ecology which include policy creation to support the mandate. Some of the archeology policy is a result of a settlement agreement in 2006 with the Lower Elwha Clallam Tribe, Port of Port Angeles, and the Washington State Department of Transportation that included responsibilities related to archeology. The City currently has an Planning Commission Minutes May 25, 2016 Page 4 archeological database that exists today. Associate Planner Johns read two possible policies that could be included into the Comprehensive Plan to reflect upon transportation issues that Mr. Williams commented on. Commissioner Morris asked if it was staff recommendation to enter both of these in to the comprehensive plan. Associate Planner Johns responded that it was for the Commission to decide. Chair Hunter commented on the history of Lauridsen Boulevard. Director West responded that the crosstown route policies had a long history in the Comprehensive Plan. If you go back to the original plat of the City, almost to its origins, Lauridsen Boulevard is identified as a primary east/west arterial within the City. Chair Hunter asked about permeable paving materials being identified by an earlier public comment, and wanted to know at what time that would be required and how it would be done. Director West responded that policy related to stormwater mitigation were included in response to the Washington Department of Ecology National Pollutant Discharge Elimination System Phase II permit requirements that need to be updated and included by the end of 2016. The permit includes low impact development as the preferred alternative of development. Chair Hunter asked about the policies related to trails and climate change inclusions that are based on best available science. He made the point in regard to the State’s position on climate change policy and best available science; specifically that the North Olympic Peninsula Climate Preparedness Plan meets those requirements for best available science. In his mind, this leads the City to be able to use that plan to make applicable policies. Director West agreed, and made the point that the Comprehensive Plan is a policy document that directs implementation of changes to code and how the City operates at the foundational level. Commissioner Schwab stated that he supported the reevaluation of policies like the Lauridsen Alternative Route and its continued applicability. In regard to the policies read by Associate Planner Johns, he felt there were ways to rephrase it to be more general. He felt the alternative route should be more general as well. Commissioner Matthews added that there are no plans for a cross-town route. There were plans existing as early as 40 years ago before current populations. He felt there was not feasibility for an alternative route, and there probably won’t be one. In his recollection, Archeology wasn’t placed into the Comprehensive Plan, and the Archeological Model that was created was limited. He is worried about specific language in the Plan and would like more time to sift through the document and change wording that might lead to stymied growth. Commissioner Schwab asked that he also be given more time to go through the document. Planning Commission Minutes May 25, 2016 Page 5 Commissioner Gee stated that it is a guide tool, and is subject to continued change. He had misgivings about small things like the words shall and will. It can and should be improved, but it is a guide document. Commissioner Morris. Agreed that the Comprehensive Plan is a guide and 20 years is a long time. We do the best we can with what we have. The best available science is for today and things are subject to continual change, and we have the ability to amend the document. He stated that he would be in favor of an extension of another week, and appreciated the public comment that was heard today. Not much would be changed by the changing of specific words, and he added that he would be open to sending the document as it is to the City Council recommending adoption with the inclusion of the policy that was read by Associate Planner Scott Johns concerning economic development and the National Park. Chair Hunter stated that he was ready to hear a motion. Commissioner Gee made a motion that the Commission recommend approval of the Comprehensive Plan as written. Commissioner Schwab made a friendly amendment to include the changes that staff had suggested and with all grammatical changes that had been identified at the meeting, as well as the suggested new economic development policy concerning the National Park. Commissioner Morris seconded. The motion passed unanimously. Commissioner Schwab made a motion that the staff arrange a meeting for the January 2017 amendment process to address the crosstown route proposed on Lauridsen Boulevard. Commissioner Gee seconded. Four Commissioners were in favor, with Commissioner Matthews opposed. 2. Proposed Amendments to City Wetlands Protection Ordinance Associate Planner Scott Johns read the staff report for the proposed changes for the Ordinance. Commissioner Morris stated that he was disappointed that both of these documents at the same time. The Commission reviewed the changes before they were included in entire document. Chair Hunter asked if there was a timeline similar to the Comprehensive Plan. Director West stated that the critical areas ordinances were reviewed by the Department of Commerce and should be up to date with the Comprehensive Plan. The Department of Commerce identified the wetlands ordinance as the only critical areas ordinance needing to be updated. Commissioner Gee commented that the State has dictated these changes and the City is doing its due diligence in adopting them to remain in compliance. There is not much to discuss because it is state mandated Commissioner Schwab agreed. Chair Hunter opened the public hearing: Planning Commission Minutes May 25, 2016 Page 6 John Ralston, PO Box 898 Port Angeles Commented that he owns property on wetlands and did not find out about the proposed changes until reading them in the newspaper. There are changes which are not required by the state. He sent out the document to two of the wetland delineators in the City. He felt that changes are not all minor, and identified portions of the proposed changes that he felt needed further review. Commissioner Schwab asked for staff response. Associate Planner Johns stated that there is not a comprehensive list of wetlands in the city limits. There was a windshield survey that a lot of property owners would not allow on their property because it might be a determent to the properties ability to be developed. Because of this, not everyone can be contacted when regulations are changed. However, notice was posted as required through the State Environmental Policy Act, and this is really the only method the City has to notice public hearings. He clarified that intent on the comment about changes he made while presenting the Staff Report was in regards to having no major changes to the document since it was reviewed at the meeting two weeks ago. Chair Hunter asked if the definition of “Qualified Professional” was from the State or was developed by the City. Associate Planner Johns responded that he believed that it was a definition from the State, but that he had made a note to check on it. Commissioner Gee made a motion to accept what staff had presented. Chair Hunter seconded. The vote did not carry, with three opposed and two in support. Commissioner Morris moved to continue the conversation at the next Planning Commission on June 8th. Commissioner Morris asked if it would meet the same requirements as the Comprehensive Plan. Director West stated that it would not because there are two readings needed. Commissioner Matthews seconded and three were in favor with Commissioners Gee and Schwab opposed. Planning Commission Minutes May 25, 2016 Page 7 COMMUNICATIONS FROM THE PUBLIC STAFF REPORTS Director West read a letter from Commissioner Bailey made to the Commission and Staff about the Comprehensive Plan Update in his absence: Fellow Commissioners and Staff, I apologize that I am unable to attend this crucial meeting due to a family commitment, but wanted to make the statement that I am very pleased with the amendments to the comprehensive plan thus far; especially in the areas of sustainability, clean energy, and with the addition of the Tree Management Program. Throughout our continued discussions, public comments, and workshops, my personal vision for the future of the City of Port Angeles is to promote our current natural and recreational assets which I feel will encourage development, telecommuting, tourism, and job growth. I am ecstatic to see the amendment regarding promoting Port Angeles’ beauty, amenities, and cultural history, under Goal A, policy 4, of the Conservation Element. I am also encouraged with the new Vision Statements and am looking forward watching Port Angeles grow. Thank you for your time, Commissioner Bailey 5/25/16 REPORTS OF COMMISSION MEMBERS Commissioner Schwab made mention of the waterfront meetings with NOAA and the Fiero Marine Life Center occurring later in the week. ADJOURNMENT The meeting adjourned at 8:10 p.m. Ben Braudrick, Secretary Bryan Hunter, Chair PREPARED BY: Ben Braudrick TO: Planning Commission FROM: Ben Braudrick, Assistant Planner DATE: June 8, 2016 RE: Façade and Signage Competitive Grant Application RECOMMENDATION: The Planning Division recommends that the Planning Commission approve Façade Grant Application 16-03 in the amount as follows: APPLICATION (zone) ADDRESS GRANT AMOUNT 16-03 Coyote Barbeque Pub (CBD) 203 East Front Street $1,000.00 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ANALYSIS A Façade Grant application was submitted to the City on April 29, 2016. The application was reviewed by planning staff and found to meet the application criteria. The project is located in the Central Business District (CBD). Staff’s recommendation is based on the following evaluation criteria that are outlined in the grant documents, including: • Outside contribution over and above the required match • Present condition of existing façade or sign • Expected increase in assessed value of improvement • Historical preservation • Context in the neighborhood • Ability to proceed with project • Other project-specific relevant factors The Façade Grant criteria provides for grants of up to $10,000 for a façade improvement. ATTACHMENTS A. Staff Evaluations B. PADA Design Committee Letter C. Application material DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT Façade Grant – Coyote Barbeque Pub June 8, 2016 Page 2 ATTACHMENT A STAFF EVALUATION Applicant: 16-03 Coyote Barbeque Pub Location: 203 East Front Street (CBD zone) Request: $1,000.00 Evaluation: The application submitted by Aldergrove Construction, Inc. on behalf of Coyote Barbeque Pub asks for the maximum signage grant amount of $1,000.00, matching with $5,900.00 for a total project cost of $6,900.00. The applicant is proposing the addition of a 5 foot diameter sign replacing readerboard signage for Kokopelli Grill. This replacement qualifies the signage for a grant, and furthers the intent of the Façade and Signage Grant Program, which seeks to eliminate certain types of signage that detract from the traditional Main Street architectural language that the grant is endeavoring to support. Readerboard type signs are not an eligible sign type for the grant, and the removal of readerboard signage supports the grant program’s purpose. The applicant worked with staff to ensure that signage for both businesses occupying the building did not breach the allowed signage areas for the zone and building detailed in PAMC 14.36.070(A). Staff also met with the Port Angeles Downtown Association Design Committee and presented the application. The Committee fully supported the sign’s design and did not suggest any changes. A letter from the Committee is attached to this Staff report as “Attachment B”. Staff recommends the grant award amount of $1,000 toward the cost of sign improvements that are estimated to be $6,900. Attachment B Attachment C DATE June 8, 2016 TO: Planning Commission FROM: Scott K. Johns AICP, Associate Planner RE: MCA 16-01 During the May 25, 2016, Planning Commission public hearing questions were raised regarding the proposed amendments to the Wetland Protection Ordinance, PAMC 15.24. Four specific items were questioned and staff was directed to provide answers with regard to those items. The definition of Qualified Professional: The proposed definition of a Qualified Professional was obtained from the Washington State Department of Ecology's publication "Wetlands in Washington State, Volume 2: Guidance for Protecting and Managing Wetlands". Ecology Publication #05-06-008 Using a three tiered land use intensity method to establish wetland buffer size. The proposed system was taken directly from Washington State Department of Ecology's guidance document "Wetlands in Washington State Volume 2 – Protecting & Managing Wetlands, Appendix 8-C". The removal from 15.24.050 (B) Allowed Activities, # 7 Navigation Aids and boundary markers and #8 Boat Mooring buoys. Staff is willing to allow the uses to remain. Boundary markers should remain. Allowing boat mooring buoys or navigational aids to remain as allowed uses is unlikely to have significant adverse impacts to existing wetlands. Few if any wetlands located in Port Angeles have open water and it is unlikely that there will be a request or need for those items. The requirement requiring signs indicating the presence of wetlands was questioned. No size for signs is provided. Typically the City has had the signs made to specification and are provided at cost to developers adjacent to wetlands. The signs are standardized. The code language proposed is only to provide specificity to sign criteria. Staff will include a specific size (18" X 24"). See proposed language below. MEMO COMMUNITY & ECONOMIC DEVELOPMENT Nathan West Director 417-4751 Scott Johns Associate Planner 417-4752 Ben Braudrick Assistant Planner 417-4804 Jim Lierly Building Inspector 417-4816 Patrick Bartholick Compliance Officer Building Inspector 417-4712 Fax: 360-417-4711 Permanent signs shall be made of an enamel-coated metal face and attached to a metal post or another non-treated material of equal durability. Signs shall be 18" X 24" in area and must be posted at an interval of one (1) per lot or every fifty (50) feet, whichever is less, and must be maintained by the property owner in perpetuity. No other issues were identified as needing correction or revision. As stated in past sessions with the Planning Commission, amendments to the wetland ordinance are consistent with State and Federal regulations and guidelines where they exist. Page 1 CHAPTER 15.24 - WETLANDS PROTECTION Sections: 15.24.010 Findings of Fact and Purpose. 15.24.020 Definitions. 15.24.030 General Provisions. 15.24.040 Lands to Which this Chapter Applies. 15.24.045 Wetlands 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 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 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; 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; Page 2 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 functions provided by wetlands results in a detriment to public safety and welfare; replacement of such functions, if possible at all, can require considerable public expenditure. 6. A considerable acreage of these important natural resources has been lost or degraded by draining, dredging, filling, excavating, building, polluting, and other acts inconsistent with the natural uses of such areas. Remaining wetlands are in jeopardy of being lost, despoiled, or impaired by such acts. 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 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; Page 3 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. C. 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; 7. Implementing the policies of the Growth Management Act; the State Environmental Policy Act, Chapter 43.21C RCW; the Puget Sound Water Quality Management Plan; Washington State Executive Order 90-04; Port Angeles Environmental Policy Ordinance, Chapter 15.04 of the Port Angeles Municipal Code; Port Angeles Shoreline Management Ordinance, Chapter 15.08 of the Port Angeles Municipal Code; Port Angeles Flood Damage Prevention Ordinance, Chapter 15.12 of the Port Angeles Municipal Code; the Port Angeles Zoning Code; the Port Angeles Stormwater Management Plan; and all other present and future City of Port Angeles functional, environmental, and community plans, programs and ordinances. (Ord. 3179 § 3 (part), 12/17/2004; Ord. 2655 § 1 (part), 11/29/1991) 15.24.020 - Definitions. In addition to definitions contained in Chapter 15.02, 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: For the purpose of this document, the following definition of a wetland is; “Wetland” or “wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal Page 4 circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands do include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands. 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. "Buffer" means an undisturbed area adjacent contiguous 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. D. "Compensation project" means actions necessary to replace project-induced wetland and wetland buffer losses, including land acquisition, planning, construction plans, monitoring, and contingency actions. E. "Compensation" or "compensatory mitigation" means a form of mitigation that replaces project- induced wetland losses or impacts, and includes, but is not limited to, restoration, enhancement, substitute resources, creation, and preservation which are defined as follows: 1. "Restoration" means actions performed to reestablish wetlands or their buffer area's 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 the manipulation of the physical, chemical, or biological characteristics to develop a wetland on an upland site, where a wetland did not previously existmeans 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. F. Cumulative Impacts or Effects – The combined, incremental effects of human activity on ecological or critical area functions and values. Page 5 FG. "Developable area" means A site or portion of a site that may be used as the location of development, in accordance with the rules of this Chapteran area of land outside of wetlands and wetland buffers. GH. "Director" means the Director of Community and Economic Development or an authorized agent of the Director. HI. "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. IJ. "Extraordinary hardship" means strict application of this title and/or programs adopted to implement this title by the City of Port Angeles would prevent all reasonable economic use of the parcel. JK. "Functions", "beneficial functions", or "functions and values" means the services provided by critical areas to the environment and to society, including, but not limited to, improving and maintaining water quality, providing fish and wildlife habitat, supporting terrestrial and aquatic food chains, reducing flooding and erosive flows, wave attenuation, historical or archaeological importance, educational opportunities, and recreationthe 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. KL. "High intensity land use" includes land uses which are associated with high levels of human disturbance or substantial wetland habitat impacts including, but not limited to, residential development greater than seven twelve (12) dwelling units per acre, active recreation, and commercial and industrial land uses. LM. "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 MN. "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 Washington State Department of Ecology Wetland Identification and Delineation Manual Corps of Engineers Wetlands Delineation Page 6 Manual, Technical Report Y-87-1 and Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0). For the purposes of identifying wetland 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. NO. "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. OP. "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". PQ. In-Lieu-Fee Program – An agreement between a regulatory agency (state, federal, or local) and a single sponsor, generally a public agency or non-profit organization. Under an in-lieu-fee agreement, the mitigation sponsor collects funds from an individual or a number of individuals who are required to conduct compensatory mitigation required under a wetland regulatory program. The sponsor may use the funds pooled from multiple permittees to create one or a number of sites under the authority of the agreement to satisfy the permittees’ required mitigation. R. Infiltration – The downward entry of water into the immediate surface of soil. S. "Isolated wetlands" means those regulated wetlands which: 1. Are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream; and 2. Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. QT. "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 density of seven or fewer dwelling units per acre, passive recreation, or open space, or agricultural or forest management land uses. RU. "Mitigation" means taking measures including 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. SV. Moderate-intensity land use - includes land uses which are associated with moderate levels of human disturbance or moderate wetland habitat impacts, including, but not limited to, residential Page 7 density of more than seven (7) dwelling units per acre, but fewer than twelve (12) dwelling units per acre, moderate-intensity recreation, open space, or agricultural (orchards, hay fields, etc.) or forestry practices (cutting of trees only). W. Monitoring – Evaluating the impacts of development proposals on the biological, hydrological, and geological elements of such systems, and assessing the performance of required mitigation measures through the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features. Monitoring includes gathering baseline data. X. 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). Y. Native Vegetation – Plant species that occur naturally in a particular region or environment and were not introduced by human activities. TZ. "Off-site compensation" means to replace wetlands away from the site on which a wetland has been impacted by a regulated activity. UAA. "On-site compensation" means to replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity. VBB. "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". CC. Ordinary High Water Mark (OHWM) – That mark which is found by examining the bed and banks of water bodies and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, that the soil has a character distinct from that of the abutting upland in respect to vegetation. WDD. "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. EEX. "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. Page 8 FF. 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 equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field, and have at least five years of related work experience. 1. 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, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans. 2. A qualified professional for habitat must have a degree in biology or a related degree and professional experience related to the subject species. 3. A qualified professional for a geological hazard must be a professional engineer or geologist, licensed in the state of Washington. 4. A qualified professional for critical aquifer recharge areas means a hydrogeologist, geologist, engineer, or other scientist with experience in preparing hydrogeologic assessments. Y. "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 I, II, III and IV wetlands are defined in Section 15.24.040D, Wetlands Rating System. All Category I wetlands shall be considered regulated wetlands. Regulated wetlands do not include Category II and III wetlands less than 2,500 square feet and Category IV wetlands less than 10,000 square feet. Regulated wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. The applicant shall bear the burden of proving that the site was not previously a wetland. For identifying and delineating a regulated wetland, local government shall consider the latest version of the Washington State Department of Ecology Wetland Identification and Delineation Manual. ZHH. "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. AAII. "Serviceable" means presently usable. BBJJ. "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. CC. "Wetlands", for the purposes of inventory, incentives, and nonregulatory programs, means those lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For the purposes of this definition, wetlands must have one or more of the following attributes: 1. At least periodically, the land supports predominantly hydrophytes; 2. The substrate is predominantly undrained hydric soil; and Page 9 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. DDKK. "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. EELL. "Wetland classes", "classes of wetlands", or "wetland types" means descriptive classes of the wetlands taxonomic classification system of the Washington State Wetland Rating System for Western Washington (Ecology Publication #04-06-025) Washington State Department of Ecology 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 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. FFMM. "Wetlands permit" means any permit issued, conditioned, or denied specifically to implement this chapter. GGNN. "Wetland edge" means the boundary of a wetland as delineated based on the definitions contained in this chapter. (Ord. 3179 § 4 (part), 12/17/2004; Ord. 2655 § 1 (part), 11/29/1991.) 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. (Ord. 2655 § 1 (part), 11/29/1991.) 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 Director of Community and Economic Development is authorized to adopt written procedures for the purpose of carrying out the provisions of this chapter. Prior to fulfilling the requirements of this chapter, the City of Port Angeles shall not grant any approval or permission to conduct a regulated activity in a wetland or wetland buffer, including but not limited to the following: building permit, commercial or residential; binding site plan; conditional use permit; franchise right-of-way construction permit; clearing and grading permit; master plan development; planned residential 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. Page 10 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 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 "approved federal wetland delineation manual and applicable regional supplements)s). 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 15.24.060.C.3. to show the location of the wetland boundary on a scaled drawing as a part of the permit application. Wetland delineations are valid for five years; after such date the City shall determine whether a revision or additional assessment is necessary. 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. of this 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. D. Rating. Wetlands shall be rated according to the Washington Department of Ecology wetland rating system, as set forth in the Washington State Wetland Rating System for Western Washington – 2014 Update (Ecology Publication #14-06-029 October 2014), or as revised and approved by Ecology), which contains the definitions and methods for determining whether the criteria below are met. DE. Wetlands rating system. The following Washington State rating system is hereby adopted as the rating system for the City of Port Angeles. Wetlands buffer widths, replacement ratios, and avoidance criteria shall be based on these rating systems. 1. Washington State Four-Tier Wetlands Rating System. a. Category I Criteria. wetlands are: (1) relatively undisturbed estuarine wetlands larger than 1 acre; (2) wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program/DNR as high-quality wetlands; (3) bogs; (4) mature Page 11 and old-growth forested wetlands larger than 1 acre; (5) wetlands in coastal lagoons; (6) interdunal wetlands that score 8 or 9 habitat points and are larger than I acre; and (7) wetlands that perform many functions well (scoring 23 points or more). These wetlands: (1) represent unique or rare wetland types; (2) are more sensitive to disturbance than most wetlands; (3) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (4) provide a high level of functions. 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. wetlands are: (1) estuarine wetlands smaller than 1 acre, or disturbed estuarine wetlands larger than 1 acre; (2) interdunal wetlands larger than 1 acre or those found in a mosaic of wetlands; or (3) wetlands with a moderately high level of functions (scoring between 20 and 22 points). 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 15.24.040.D.1.a.iii. 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. wetlands are: (1) wetlands with a moderate level of functions (scoring between 16 and 19 points); (2) Can often be adequately replaced with a well-planned mitigation project; and (3) interdunal wetlands between 0.1 and 1 acre. Wetlands scoring between 16 and 19 points generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands. i. Regulated wetlands that do not contain features outlined in Category I, II, or IV. d. Category IV Criteria. Category IV wetlands have the lowest levels of functions (scoring fewer than 16 points) and are often heavily disturbed. These are wetlands that we should be able to replace, or in some cases to improve. However, experience has shown that Page 12 replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, and should be protected to some degree. i. Regulated wetlands which do not meet the criteria of a Category I or II wetland; and ii. Isolated wetlands which are less than or equal to one acre in size; and have only one wetland class; and have only one dominant plant species (monotypic vegetation); or iii. Isolated wetlands which are less than or equal to two acres in size, and have only one wetland class and a 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 governmentCity of Port Angeles; as the regulated wetland may naturally change thereafter; or as the regulated wetland may change in accordance with 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" "Washington State Wetland Rating System for Western Washington (Ecology Publication #04-06-025" 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. (Ord. 2655 § 1 (part), 11/29/1991.) 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 the 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 Page 13 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 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.) Page 14 A. 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. 1. 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. 2. 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. a. 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. b. 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. c. 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. d. 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. e. 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. f. 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. 3. 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, if managed properly, such wetlands could assist in the treatment of pollutants already carried in the aquifer. a. 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. b. 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. c. Seawater intrusion prevention. Those wetlands which are the boundary between the unconfined aquifer and the marine environment. Loss of water supply or drainage of Page 15 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. d. 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. e. 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. f. 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. B. 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. 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 L 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 H L 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 H L 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 H L H H H H H H L H N Page 16 Water availability for fish H H L L H H H L H H H Water availability for amphibians H H H H H H H H H H H H Water availability for migratory waterfowl L H H H H H L H H H H H Water availability for other wildlife L H H H H H L H H H H L H = High functional value L = performs this function to a limited degree N = Does not perform function * = High value if associated with wetland hydrology C. 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 2.a. through 2.i. 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 subsection 15.24.040.D. with Class I being the most functional and Class IV being the least functional. 1. Habitat type. Classify and delineate wetland habitat types based on the U.S. Fish and 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. 2. Habitat diversity. Calculate both the total number of wetland habitat types and the different wetland habitat types identified in subsection 2.a. of this section for each wetland. 3. Habitat size. Calculate the total wetland acreage and acreage of each individual habitat type identified in subsection 2.a. of this section for each wetland. 4. 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 20 feet in height; native forest greater that 20 feet in height; and mature conifers. 5. 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. 6. Species use. Identify and delineate all known priority habitats for species listed as species of concern or priority species. 7. 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. 8. Significant wildlife movement corridor. Identify whether one or more of the following areas is located within: a. Land and water areas designated as shorelines in the Shoreline Management Act of 1971 and the City of Port Angeles Shoreline master Program; Page 17 b. Lands designated as significant wildlife movement corridors, open space and greenbelt corridors; c. Federal, state, and local parks, wildlife refuges, and other protected natural areas; d. 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. 9. 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. (Ord. 3179 § 4, (part), 12/17/2004) 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; 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. "Class IV - General Forest Practices" under the authority of the "1992 Washington State Forest Practices Act Rules and Regulations," WAC 222-12-030, or as thereafter amended. 89. Activities that result in: a. a significant change of water temperature, b. a significant change of physical or chemical characteristics of wetlands water sources, including quantity, c. or tThe 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 in accordance with Appendix I-D of the Department of Ecology’s SWMMWW (2014),. 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. Bioretention cells and swales, and conversion of existing drainage ditches to bioretention cells and swales within the outer 25 percent of a wetland buffer may be allowed if designed in accordance with Department of Ecology's SWMMWW (2014). 910. 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: Page 18 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. 1011. 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, clearing, grading, and filling permits) which include regulated wetlands, shall comply with the following procedures and development standards: a. Regulated wetlands and wetland buffers, 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. d. After preliminary approval and prior to final land division approval or other land use permit 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. 1112. 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 wildlife viewing areas are allowed only after review of wetland permit application materials substantiates that no adverse impacts to the wetland will occur as a result of the trail or viewing area. b. Trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or any other previously disturbed areas. bc. Trails and related facilities shall be planned to minimize removal of trees, soil disturbance and existing hydrological characteristics, shrubs, snags and important wildlife habitat. d. Walkways and trails proposed for crossing a wetland shall be limited to minor wetland crossings having no adverse impact on water quality. ce. Viewing platforms and benches, and access to them, shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected wetland. Page 19 df. Trails and related facilities shall generally be located outside required buffers. Where trails are permitted within buffers they should be generally parallel to the perimeter of the wetland, and shall be located only in the outer portion 25% of the buffer areaand a minimum of 30 feet from the wetland edge, except where wetland crossings or viewing areas have been approved through project review and adequate mitigation is proposed. e. Trails shall generally be limited to pedestrian use unless other more intensive uses, such as dike bike 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 by the department. 1213. Parks. Development of public 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 eEnhancement 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. These activities do not require submission of a critical area report, except where such activities result in a loss of the functions and values of a wetland or wetland buffer. These activities include; 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 the use of nature trails, fishing, birdwatching, and hiking, boating, horseback riding, swimming, canoeing, and bicycling; 3. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the wetland by changing existing topography, water conditions, or water sources; 4. Existing and ongoing agricultural activities, including farming, horticulture, aquaculture, irrigation, ranching or grazing of animals. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it was conducted has been converted to another use or has laid idle so long that modifications to the hydrological regime are necessary to resume operations; 5. The maintenance (but not construction) of drainage ditches; 6. Education, and scientific research activities, 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 Director of Community and Economic Development, and provided that wetland impacts are minimized and that disturbed areas are immediately restored: Page 20 a. Normal and routine maintenance and repair of any existing public or private facilities within an existing right-of-way, provided that the maintenance or repair does not expand the footprint of the facility or right-of-way.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. 9. Enhancement of a wetland through the removal of non-native invasive plant species. Removal of invasive plant species shall be restricted to hand removal unless permits from the appropriate regulatory agencies have been obtained for approved biological or chemical treatments. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate to that species. Re-vegetation with appropriate native species at natural densities is allowed in conjunction with removal of invasive plant species. 10. Drilling for utilities/utility corridors under a wetland, with entrance/exit portals located completely outside of the wetland buffer, provided that the drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column will be disturbed. C. Exemptions in Wetlands 1. The following wetlands may be exempt from the requirement to avoid impacts and they may be filled if impacts are fully mitigated. If available, impacts should be mitigated through the purchase of credits from an in-lieu fee program or mitigation bank. In order to verify the following conditions, a critical area report for wetlands must be submitted. a. All isolated Category III and IV wetlands less than 4,000 square feet that: i. Are not associated with riparian areas or buffers; ii. Are not associate with shorelines of the state or their associated buffers; iii. Are not part of a wetland mosaic; iv. Do not score 5 or more points for habitat function based on the 2014 update to the WA Wetland Rating systems (WWA Pub. # 14-06-029); v. Do not contain a Priority Habitat or a Priority Area for a Priority Species identified be the Washington Department of Fish and Wildlife, do not contain federally listed species or their critical habitat, or species of local importance identified in Chapter 15.20.070(D). 2. Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally listed species or their critical habitat are exempt from the buffer provisions contained in this chapter CD. 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 Director of Community and Economic Development. (Ord. 3330 § 1, 4/25/2008; Ord. 3179 § 4 (part), 12/17/2004; Ord. 2655 § 1 (part), 11/29/1991) 15.24.060 - Procedures for wetland permits. A. Permit requirements, compliance. Except as specifically provided in subsection 15.24.050.B., no regulated activity shall occur or be permitted to occur within a regulated wetland or wetland buffer without a written permit from the Director of Community and Economic Development. Any alteration Page 21 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 subsection 15.24.050.B. within a wetland or wetland buffer shall be made to the Director of Community and Economic Development 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 Director of Community and Economic Development upon issuance of the permit. An extension of an original permit may be granted upon written request to the Director of Community and Economic Development by the original permit holder or the successor in title. Prior to the granting of an extension, the Director of Community and Economic Development shall require updated studies and/or additional hearings if, in his/her judgment, the original intent of the permit is altered or enlarged by the renewal; if the circumstances relevant to the review and issuance of the original permit have changed substantially; or if the applicant failed to abide by the terms of the original permit. C. Permit applications. 1. Request for determination of applicability: Any person seeking to determine whether a proposed activity or an area is subject to this chapter may request in writing a determination from the Director of Community and Economic Development. Such a request for determination shall contain plans, data, and other information as may be 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 not 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. 3. Information 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 meeting the following informationcriteria: a. Prepared by a qualified professional. A wetland report shall be prepared by a 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 300 feet of the project area. iii. All shoreline areas, water features, flood plains, and other environmentally sensitive areas, and related buffers within 300 feet. 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 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; Page 22 (D) Soil and substrate conditions; and (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. 4. Filing fees: At the time of an application or request for delineation, the applicant shall pay a filing fee as determined by the Director of Community and Economic Development. 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 Director of Community and Economic Development to retain expert consultants to provide services pertaining to wetland boundary determinations, functional assessments, and evaluation of mitigation measures. As deemed necessary by the Director of Community and Economic Development, the Director of Community and Economic Development may assess additional reasonable fees as needed to monitor and evaluate permit compliance and mitigation measures. 5. Notification: Upon receipt of the completed permit application, the Planning Director shall notify the individuals and agencies, including Federal and State agencies, having jurisdiction over or an interest in the matter, to provide such individuals and agencies an opportunity to comment. The Director of Community and Economic Development 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 15.24.040.C., on which a development proposal is submitted shall file for record with the Clallam County Auditor a notice approved by the Director of Community and Economic Development in a form substantially as set forth in subsection b. below. Such notice shall provide notice documentation in the public record of the presence Page 23 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. Page 24 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. Given under my hand and official seal this ;daterule; day of ____________, 20____________. ____________ NOTARY PUBLIC in and for the State of Washington, residing at ____________ Page 25 D. Permit processing. 1. Consolidation: The Director of Community and Economic Development 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 Director of Community and Economic Development 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 Director of Community and Economic Development. 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 permit 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 Director of Community and Economic Development shall approve, approve with conditions, or deny a permit application based on compliance with the standards and requirements of this chapter. The Director of Community and Economic Development's decision shall include written findings. (Ord. 3179 § 4 (part), 12/17/2004; Ord. 2928 (part), 9/13/1996; Ord. 2655 § 1 (part), 11/29/1991) 15.24.065 – Wetland Buffers. A. 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 standard buffer widths in Table 15.24.065.1 have been established in accordance with the best available science. They are based on the category of wetland and the habitat score as determined by a qualified wetland professional using the Washington state wetland rating system for western Washington. The width of the wetland buffer zone shall be determined according to wetland category and the intensity of the proposed land use, as follows: Table 15.24.065.1 Width of buffers needed to protect wetlands in Western Washington considering impacts of proposed land uses. Category of Wetland Land Use with Low Impact* Land Use with Moderate Impact* Land Use with High Impact* IV 25 ft. 40 ft 50 ft III 75 ft 110 ft 150 ft II 150 ft 225 ft 300 ft I 150 ft 225 ft 300 ft *See Table 15.24.065.2 below for types of land uses that can result in low, moderate, and high impacts to wetlands. Page 26 Table 15.24.065.2 Types of proposed land use that can result in high, moderate, and low levels of impacts to adjacent wetlands. Level of Impact from Proposed Change in Land Use Type of Land Use Based on Common Zoning Designations High  Commercial  Urban  Industrial  Institutional  Retail sales  Residential (more than 1 unit / acre  Conversion to high-intensity agriculture (dairies, nurseries, greenhouses, growing and harvesting crops requiring annual tilling and raising and maintaining animals, etc.)  High-intensity recreation (golf courses, ball fields, etc.)  Hobby farms Moderate  Residential (1 unit / acre or less)  Moderate-intensity open space (parks with biking, jogging, etc.)  Conversion to moderate-intensity agriculture (orchards, hay fields, etc,)  Paved trails  Building of logging roads  Utility corridor or right-of-way shared by several utilities and including access/maintenance roads  Low  Forestry (cutting of trees only)  Low intensity open space (hiking, bird-watching, preservation of natural resources, etc.)  Unpaved trails  Utility corridor without a maintenance road and little or no vegetation management. B. Increased Wetland Buffers Zone Width: The Director of Community and Economic Development 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: 1. a larger buffer is necessary to maintain viable populations of existing species; or 2. 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 3. the adjacent land is susceptible to severe erosion, and erosion control measures will not effectively prevent adverse wetland impacts; or 4. the adjacent land has minimal vegetative cover or slopes greater than 15 percent. Page 27 C. Reduction of Standard Wetland Buffer Zone Width: The Director of Community and Economic Development may reduce the standard wetland buffer zone widths on a case-by-case basis where it can be demonstrated that: 1. the adjacent land is a well vegetated plant community appropriate to the ecoregion with 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 Director of Community and Economic Development, will result from a regulated activity. The Director of Community and Economic Development may require long-term monitoring of the project and subsequent corrective actions if adverse impacts to regulated wetlands are discovered; or 2. the project includes a buffer enhancement plan using native vegetation which substantiates that an enhanced buffer will improve the functional attributes of the buffer to provide additional protection for wetlands functions and values. An enhanced buffer shall not result in greater than a 25 percent reduction in the buffer width, and the reduced buffer shall not be less than 25 feet. D. 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: 1. averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property; 2. the wetland contains variations in sensitivity due to existing physical characteristics; 3. 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; 4. width averaging will not adversely impact the wetland functional values; and 5. 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 25 percent of the standard buffer width and the reduced buffer shall not be less than 75 feet for Category I and II, 50 feet for Category III and 25 feet for Category IV, whichever is greater. E. Sequence of buffer reductions. Buffer averaging to improve wetland protection may be permitted when all of the following conditions are met: 1. the wetland has significant differences in characteristics that affect its habitat function such as a wetland with a forested component adjacent to a degraded emergent component or; 2. the wetland is a "dual-rated" wetland with a Category I area adjacent to a lower-rated area; 3. The buffer is increased adjacent to the higher-functioning area of habitat or more-sensitive portion of the wetland and decreased adjacent to the lower-functioning or less-sensitive portion as demonstrated by a critical areas report from a qualified wetland professional; 4. The total area of the buffer after averaging is equal to the area required without averaging; 5. The buffer at its narrowest point is never less than 75% of the required width or 75 feet for Category I and II, 50 feet for Category III and 25 feet for Category IV, whichever is greater. F. Averaging to allow reasonable use of a parcel may be permitted when all of the following are met: 1. There are no feasible alternatives to the site design that could be accomplished without buffer averaging. 2. The averaged buffer will not result in degradation of the wetland's function and values as demonstrated by a critical areas report from a qualified wetland professional. 3. The total buffer area after averaging is equal to the area required without averaging. Page 28 4. The buffer at its narrowest point is never less than 75% of the required width or 75 feet for Category I and II, 50 feet for Category III and 25 feet for Category IV, whichever is greater. G. 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 functional 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 of Community and Economic Development. No refuse shall be placed in the buffer. Where buffers have been altered or disturbance has occurred during construction and ecological functions and values have been lost, restoration is required to replace lost functions and values. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided. H. Allowed Buffer Uses. The following uses may be allowed within a wetland buffer in accordance with the review procedures of this Chapter, provided they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland: 1. Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife. 2. Passive recreation. Passive recreation facilities designed and in accordance with an approved critical area report, including: a. Walkways and trails, provided that those pathways are limited to minor crossings having no adverse impact on water quality. They should be generally parallel to the perimeter of the wetland, located only in the outer twenty-five percent (25%) of the wetland buffer area, and located to avoid removal of significant trees. They should be limited to pervious surfaces no more than five (5) feet in width for pedestrian use only. Raised boardwalks utilizing non- treated pilings may be acceptable. b. Wildlife-viewing structures. 3. Educational and scientific research activities. 4. Normal and routine maintenance and repair of any existing public or private facilities within an existing right-of-way, provided that the maintenance or repair does not increase the footprint or use of the facility or right-of-way. 5. 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, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources. 6. Drilling for utilities/utility corridors under a buffer, with entrance/exit portals located completely outside of the wetland buffer boundary, provided that the drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column is disturbed. 7. Enhancement of a wetland buffer through the removal of non-native invasive plant species. Removal of invasive plant species shall be restricted to hand removal. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate to that species. Revegetation with appropriate native species at natural densities is allowed in conjunction with removal of invasive plant species. Page 29 8. Stormwater management facilities. Stormwater management facilities are limited to stormwater dispersion outfalls and bioswales. They may be allowed within the outer twenty-five percent (25%) of the buffer of Category III or IV wetlands only, provided that: a. No other location is feasible; and b. The location of such facilities will not degrade the functions or values of the wetland; and c. Stormwater management facilities are not allowed in buffers of Category I or II wetlands. 9. Non-Conforming Uses. Repair and maintenance of non-conforming uses or structures, where legally established within the buffer, provided they do not increase the degree of nonconformity. 10. 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 intrusions into the area of the building setback may be allowed if the Director of Community and Economic Development 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 15.24.060(C)(6). 11. In association with a single family residence only, the establishment and expansion of lawns, landscaping, orchards, gardens, and fences, provided that: a. Lawns, landscaping, orchards, and gardens are only allowed within the outer 25 percent of the buffer width where no other area within a property is available to accommodate these land uses. Native vegetation shall be protected within wetland buffers to the maximum extent practicable. 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 b. Fences shall be designed to allow the unimpeded passage of surface water beneath them. c. Activities having minimal adverse impacts on buffers and no adverse impacts on regulated wetlands may be allowed. These include low intensity, passive recreational activities such as wildlife viewing and hiking. d. Within the buffers of Category III and IV wetlands only, vegetation-lined swales and LID BMPs designed for stormwater management or conveyance when topographic restraints determine there are no other upland alternative location. Swales, LID BMPs, and any stormwater discharges from the swales/BMPs must also protect wetland functions in accordance with Appendix I-D of the Department of Ecology's SWMMWW (2014). 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: 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 Page 30 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 Director of Community and Economic Development 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 Director of Community and Economic Development 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 Director of Community and Economic Development, will result from a regulated activity. The Director of Community and Economic Development may require long-term monitoring of the project and subsequent corrective actions if adverse impacts to regulated wetlands are discovered; or b. The project includes a buffer enhancement plan using native vegetation which substantiates that an enhanced buffer will improve the functional attributes of the buffer to provide additional protection for wetlands functions and values. An enhanced buffer shall not result in greater than a 25 percent reduction in the buffer width, and the reduced buffer shall not be less than 25 feet. 4. Standard wetland buffer width averaging: Standard wetland buffer zones may be modified by averaging buffer widths. Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following: a. That averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property; Page 31 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 100 percent of the buffer area under the standard buffer requirement: b. Reduction of the overall buffer area by no more than 25 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. 6. 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 functional 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 and ecological functions and values have been lost, restoration is required to replace lost functions and values. 7. Permitted uses in a wetland buffer zone: 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 Page 32 placed in the outer 25 percent of the buffer. Conveyance swales may be placed through the buffer, if necessary. 8. Building and impervious surface setback lines: A building or impervious surface setback line of 15 feet is required from the edge of any wetland buffer. Minor structural intrusions into the area of the building setback may be allowed if the Director of Community and Economic Development 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 15.24.060.C.6. DC. Avoiding wetland impacts: 1. Regulated activities shall not be authorized in a regulated wetland except where it can be demonstrated that the impact is both unavoidable and necessary or that all reasonable economic uses are denied. 2. With respect to Category I wetlands, an applicant must demonstrate that denial of the permit would impose an extraordinary hardship on the part of the applicant brought about by circumstances peculiar to the subject property. 3. With respect to Category II and III wetlands, the following provisions shall apply: a. For water-dependent activities, unavoidable and necessary impacts can be demonstrated where there are no practicable alternatives which would not involve a wetland or which would not have less adverse impact on a wetland, and would not have other significant adverse environmental consequences. b. Where nonwater-dependent activities are proposed, it shall be presumed that adverse impacts are avoidable. This presumption may be rebutted upon a demonstration that: i. The basic project purpose cannot reasonably be accomplished utilizing one or more other sites in the general region that would avoid, or result in less, adverse impact on a regulated wetland; and ii. A reduction in the size, scope, configuration, or density of the project as proposed and all alternative designs of the project as proposed that would avoid, or result in less, adverse impact on a regulated wetland or its buffer will not accomplish the basic purpose of the project; and iii. In cases where the applicant has rejected alternatives to the project as proposed due to constraints such as zoning, deficiencies of infrastructure, or parcel size, the applicant has made reasonable attempts to remove or accommodate such constraints. 4. With respect to Category IV wetlands, unavoidable and necessary impacts can be demonstrated where the proposed activity is the only reasonable alternative which will accomplish the applicant's objectives. ED. Reasonable use exception: 1. If an applicant for a development proposal demonstrates to the satisfaction of the Director of Community and Economic Development 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 Director of Community and Economic Development: 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 15.24.070.D.; 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.); Page 33 c. That there is no feasible on-site alternative to the proposed activities, including reduction in density, phasing of project implementation, change in timing of activities, revision of road and lot layout, and/or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to wetlands and wetland buffers; d. That the proposed activities will result in minimum feasible alteration or impairment to the wetland's functional characteristics and its existing contours, vegetation, fish and wildlife resources, and hydrological conditions; e. That disturbance of wetlands has been minimized by locating any necessary alteration in wetland buffers to the extent possible; f. That the proposed activities will not jeopardize the continued existence of endangered, threatened, rare, sensitive, or monitor species as listed by the Federal government or the State of Washington; g. That the proposed activities will not cause significant degradation of groundwater or surface water quality; h. That the proposed activities comply with all State, local, and Federal laws, including those related to sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal; i. That any and all alterations to wetlands and wetland buffers will be mitigated as provided in subsection 15.24.070.H.7E.; 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 Director of Community and Economic Development determines that alteration of a wetland and/or wetland buffer is necessary and unavoidable, the Director of Community and Economic Development 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 Director of Community and Economic Development 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. FE. Minimizing wetlands impacts: 1. After it has been determined by the Director of Community and Economic Development pursuant to subsection 15.24.070.D. 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 Page 34 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. GF. Limited density transfer: For development proposals on lands containing wetland buffers, the Director of Community and Economic Development shall determine allowable dwelling units for residential development proposals based on the formulas below. The following formula for density calculations is designed to provide incentives for the preservation of wetlands and wetland buffers, flexibility in design, and consistent treatment of different types of development proposals. The formula shall apply to all properties within existing residential zones on which wetlands and wetland buffers are located. The maximum number of dwelling units (DU) for a lot or parcel which contains wetlands and wetland buffers shall be equal to: (Acres in Wetland Buffer)(DU/Acre)(Density Credit). Page 35 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 Director of Community and Economic Development shall not allow credit for density for the portions of the site occupied by wetlands. HG. 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 15.24.040.C. 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. b. Protection of sensitive area tracts: The Director of Community and Economic Development shall require, as a condition of any permit issued pursuant to this chapter, that the sensitive area tract or tracts created pursuant to subsection 15.24.070.HG.1. be protected by one of the following methods: i. 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 Director of Community and Economic Development, an easement for the protection of native vegetation within a wetland and/or its buffer; or ii. 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 Page 36 enhancement project which has received prior written approval from the City of Port Angeles, and any other agency with jurisdiction over such activity. c. 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." d. Regardless of the legal method of protection chosen by the Director of Community and Economic Development, 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 Director of Community and Economic Development. e. 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." f. The common boundary between a separate sensitive area tract and the adjacent land must be permanently identified. This identification shall include permanent wooden fence and/or metal signs on treated wood or metal posts. i. Permanent signs shall be made of an enamel-coated metal face and attached to a metal post or another non-treated material of equal durability. Signs shall be 18" X 24" in area and must be posted at an interval of one (1) per lot or every fifty (50) feet, whichever is less, and must be maintained by the property owner in perpetuity. ii. 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." Wetlands Area Use of this Environmentally Sensitive Area is regulated by City Ordinance. Its protection is in your care. Alteration or disturbance is prohibited by law. Please call the Port Angeles Planning Division at 417- 4750 for more information. iii. Signs shall include the official Port Angeles City Logo printed no less than a 5" X 5" area. g. Sign locations and size specifications shall be approved by the Director of Community and Economic Development. When The the Director of Community and Economic Development shall requires permanent fencing of the wetland/wetland buffer sensitive area tract or tracts. , fencing shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat. In lieu of 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 buffer. Page 37 h. 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 Director of Community and Economic Development prior to the commencement of permitted activities. Such field markings shall be maintained throughout the duration of the permit. ii. The Director of Community and Economic Development 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 Director of Community and Economic Development may require the applicant of a development proposal to post a cash performance bond or other security acceptable to the Director of Community and Economic Development in an amount and with surety and conditions sufficient to fulfill the requirements of subsection 15.24.070.H.6. 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 Director of Community and Economic Development 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 Director of Community and Economic Development 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 Director of Community and Economic Development 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 years after they have been completed. The Director of Community and Economic Development 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 15.24.070.H.72. The maintenance bond applicable to a compensation project shall not be released until the Director of Community and Economic Development 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 Director of Community and Economic Development may suspend or revoke a permit if he/she finds that the applicant or permittee has not complied with any or all of the conditions or limitations set forth in the permit; has exceeded the scope of work set forth in the permit; or has failed to undertake the project in the manner set forth in the approved application. Page 38 5. Publication of notice: The Director of Community and Economic Development 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 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. 6H. Compensating for wetlands impacts: 1. As a condition of any permit allowing alteration of wetlands and/or wetland buffers, or as an enforcement action pursuant to subsection 15.24.080.C., the Director of Community and Economic Development 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. Fencing shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat. 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 15.24.070.H.7. and shall meet the following minimum performance standards: All development work shall remain stopped until a mitigation/restoration plan is prepared and approved by the City. The mitigation/restoration plan 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 Director of Community and Economic Development 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 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. 2. Mitigation Sequencing: Before impacting any wetland or its buffer, an applicant shall demonstrate that the following actions have been taken. Actions are listed in the order of preference: a. Avoid the impact altogether by not taking a certain action or parts of an action. b. Minimize 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. Page 39 c. Rectify the impact by repairing, rehabilitating, or restoring the affected environment. d. Reduce or eliminate the impact over time by preservation and maintenance operations. e. Compensate for the impact by replacing, enhancing, or providing substitute resources or environments. f. Monitor the required compensation and take remedial or corrective measures when necessary. 3. Preference of Mitigation Actions. Methods to achieve compensation for wetland functions shall be approached in the following order of preference: a. Restoration (re-establishment and rehabilitation) of wetlands. b. Creation (establishment) of wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of non-native species. This should be attempted only when there is an adequate source of water and it can be shown that the surface and subsurface hydrologic regime is conducive to the wetland community that is anticipated in the design. c. Enhancement of significantly degraded wetlands in combination with restoration or creation. Enhancement alone will result in a loss of wetland acreage and is less effective at replacing the functions lost. Enhancement should be part of a mitigation package that includes replacing the impacted area and meeting appropriate ratio requirements. d. Preservation of high-quality, at-risk wetlands as compensation is generally acceptable when done in combination with restoration, creation, or enhancement, provided that a minimum of 1:1 acreage replacement is provided by re-establishment or creation. 4. Preservation of high-quality, at risk wetlands and habitat may be considered as the sole means of compensation for wetland impacts when the following criteria are met: a. Wetland impacts will not have a significant adverse impact on habitat for listed fish, or other ESA listed species. b. There is no net loss of habitat functions within the watershed or basin. c. Mitigation ratios for preservation as the sole means of mitigation shall generally start at 20:1. Specific ratios should depend upon the significance of the preservation project and the quality of the wetland resources lost. d. The impact area is small (generally <½ acre) and/or impacts are occurring to a low- functioning system (Category III or IV wetland). All preservation sites shall include buffer areas adequate to protect the habitat and its functions from encroachment and degradation. b5. Wetlands restoration and creation: ia. 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. iib. Where feasible, restored or created wetlands shall be a higher category than the altered wetland. iiic. 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. ivd. 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 Page 40 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 Category and Type of Wetland Creation or Reestablishment Rehabilitation Enhancement Preservation Category I: Bog, Natural Heritage site Not considered possible 6:1 Case by case 10:1 Category I: Mature Forested 6:1 12:1 24:1 24:1 Category I: Based on functions 4:1 8:1 16:1 20:1 Category II 3:1 6:1 12:1 20:1 Category III 2:1 4:1 8:1 15:1 Category IV 1.5:1 3:1 6:1 10:1 (A)e Increased replacement ratio: The Director of Community and Economic Development may increase the ratios under the following circumstances: (1)i Uncertainty as to the probable success of the proposed restoration or creation; (2)ii Significant period of time between destruction and replication of wetland functions; (3)iii Projected losses in functional value; or (4)iv Off-site compensation. (B)f Decreased replacement ratio: The Director of Community and Economic Development 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)g In all cases, a minimum acreage replacement ratio of 1:1 shall be required. c5. Wetlands enhancement: ia. 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. Page 41 iib. A wetlands enhancement compensation project shall be determined pursuant to subsection 15.24.070.H.6., 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. d6. Wetland type: In-kind compensation shall be provided except where the applicant can demonstrate that: i. In-kind compensation shall be provided except where the applicant can demonstrate that: (A)a The wetland system is already significantly degraded and out-of-kind replacement will result in a wetland with greater functional value; (B)b Scientific problems, such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impossible; or (C)c Out-of-kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types). (D)d Where out-of-kind replacement is accepted, greater acreage replacement ratios may be required to compensate for lost functional values. e7. Location: ia. On-site compensation shall be provided except where the applicant can demonstrate that: (A)i 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)ii On-site compensation is not scientifically feasible due to problems with hydrology, soils, waves, or other factors; or (C)iii Compensation is not practical due to potentially adverse impact from surrounding land uses; or (D)iv Existing functional values at the site of the proposed restoration are significantly greater than lost wetland functional values; or (E)v 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. iib. 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. iiic. In selecting compensation sites, applicants shall pursue siting in the following order of preference: (A)i Upland sites which were formerly wetlands; (B)ii Idled upland sites generally having bare ground or vegetative cover consisting primarily of exotic introduced species, weeds, or emergent vegetation; (C)iii Other disturbed upland. f8. Timing: ia. 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 Page 42 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. g9. Cooperative restoration, creation, or enhancement projects: ia. The Director of Community and Economic 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)i Restoration, creation, or enhancement at a particular site may be scientifically difficult or impossible; or (B)ii Creation of one or several larger wetlands may be preferable to many small wetlands. iib. Persons proposing cooperative compensation projects shall: (A)i Submit a joint permit application; (B)ii Demonstrate compliance with all standards; (C)iii Demonstrate the organizational and fiscal capability to act cooperatively; and (D)iv Demonstrate that long-term management can and will be provided. 710. 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)(65). 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 and Economic 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. i. The enhancement plan shall be submitted for review and approval by the Director of Community and Economic 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; (C) How the activity will be conducted, including the type(s) of tools or machinery to be used; and Page 43 (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. 811. 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 Director of Community and Economic Development. The applicant or violator shall receive written approval of the mitigation plan by the Director of Community and Economic Development prior to commencement of any wetland restoration, creation, or enhancement activity. Unless the Director of Community and Economic Development, 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: 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 Page 44 excavation details; erosion and sediment control features needed for wetland construction and long-term survival; a planting plan specifying plant species, quantities, locations, size, spacing, and density; source of plant materials, propagules, or seeds; water and nutrient requirements for planting; where appropriate, measures to protect plants from predation; specification of substrate stockpiling techniques and planting instructions; descriptions of water control structures and water-level maintenance practices needed to achieve the necessary hydrocycle/hydroperiod characteristics; etc. These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. The plan shall provide for elevations which are appropriate for the desired habitat type(s) and which provide sufficient tidal prism and circulation data. e. Monitoring program: A program outlining the approach for monitoring construction of the compensation project and for assessing a completed project shall be provided. Monitoring may include, but is not limited to: i. Establishing vegetation plots to track changes in plant species composition and density over time; ii. Using photo stations to evaluate vegetation community response; iii. Sampling surface and subsurface waters to determine pollutant loading, and changes from the natural variability of background conditions (pH, nutrients, heavy metals); iv. Measuring base flow rates and storm water runoff to model and evaluate water quality predictions, if appropriate; v. Measuring sedimentation rates, if applicable; and 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 Director of Community and Economic Development 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 15.24.070.H. in the amount of 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 Page 45 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 15.24.050.B., provided such activities utilize best management practices to protect the functions and values of regulated wetlands. I. Appeals: Any decision of the Director of Community and Economic Development in the administration of this chapter may be appealed in writing to the City Council within 14 days of the issuance of notice of the decision. The time period for considering the appeal shall not exceed 90 days. J. Modification of wetland permits: A wetland permit holder may request and the Director of Community and Economic Development 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 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 180 days. A new fee will be required for such resubmittal. (Ord. 3330 § 2, 4/25/2008; Ord. 3179 § 4 (part), 12/17/2004; Ord. 3007 § 3, 1/15/1999; Ord. 2928 (part), 9/13/1996; Ord. 2655 § 1 (part), 11/29/1991) 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 Director of Community and Economic Development may issue a temporary emergency wetlands permit if: 1. The Director of Community and Economic Development 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 Director of Community and Economic Development 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 ten days after issuance of the emergency permit. Page 46 The emergency permit may be terminated at any time without process upon a determination by the Director of Community and Economic Development that the action was not or is no longer necessary to protect human health or the environment. C. Enforcement: 1. General enforcement: The City of Port Angeles shall have authority to enforce this chapter, any rule or regulation adopted, and any permit or order issued, pursuant to this chapter, against any violation or threatened violation thereof. The City of Port Angeles is authorized to issue violation notices and administrative orders, levy fines, and/or institute legal actions in court. Recourse to any single remedy shall not preclude recourse to any of the other remedies. Each violation of this chapter, or any rule or regulation adopted, or any permit, permit condition, or order issued pursuant to this chapter, shall be a separate offense, and, in the case of a continuing violation, each day's continuance shall be deemed to be a separate and distinct offense. All costs, fees, and expenses in connection with enforcement actions may be recovered as damages against the violator. Enforcement actions shall include civil penalties, administrative orders and actions for damages and restoration. 2. Injunctive relief: The City of Port Angeles may bring appropriate actions at law or equity, including actions for injunctive relief, to ensure that no uses are made of a regulated wetland or their buffers which are inconsistent with this chapter or an applicable wetlands protection program. 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, party, firm, corporation, or other legal entity 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 15.24.050.B., or any person, party, firm, corporation, or other legal entity 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. Page 47 6. Notice of penalty: Civil penalties imposed under this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the Department and/or the City of Port Angeles, or from both jointly. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, or, in appropriate cases, require necessary correction corrective action within a specific time. 7. Application for remission or mitigation: Any person incurring a penalty may apply in writing within 30 days of receipt of the penalty to the Director of Community and Economic Development 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 15.24.070.I. 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. (Ord. 2655 § 1 (part), 11/29/1991) 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 Godnature, 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. (Ord. 2655 § 1 (part), 11/29/1991) 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 15.24.070I1, have been exhausted; and B. Such litigation is commenced within 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; 2. Approve the permit application with lesser restrictions or conditions; or Page 48 3. Other appropriate actions ordered by the court that fall within the jurisdiction of the City of Port Angeles. (Ord. 2990 § 2, 5/15/1998; Ord. 2655 § 1 (part), 11/29/1991) 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. (Ord. 2655 § 1 (part), 11/29/1991) 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. (Ord. 2655 § 1 (part), 11/29/1991) References: Environmental Laboratory. (1987). "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. U.S. Army Corps of Engineers. 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-10-3. Vicksburg, MS: U.S. Army Engineer Research and Development Center.