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HomeMy WebLinkAbout2655ORDINANCE NO. 2655 AN ORDINANCE of the City of Port Angeles establishing interim criteria for and regu- lation of wetlands in the City of Port Angeles and creating a new Chapter 15.24 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows. Section 1. There is hereby created a new Chapter 15.24 of the Port Angeles Municipal Code to read as follows: Chapter 15.24 WETLANDS PROTECTION Sections: 15.24.010 Findings of Fact and Purpose. 15.24.020 Definitions. 15.24.030 General Provisions. 15.24.040 Lands to Which this Chapter Applies. 15.24.050 Regulated Activities and Allowed Activities. 15.24.060 Procedures for Wetland Permits. 15.24.070 Standards for Permit Decisions. 15.24.080 Temporary Emergency Permit - Enforcement. 15.24.090 Non - Conforming Activities. 15.24.100 Judicial Review 15.24.110 Amendments. 15.24.120 Severability. 15.24.130 Assessment Relief. 15.24.010 - Findings of Fact and Purpose. A. Findings of Fact. The City Council of the City of Port Angeles hereby finds that: 1. Wetlands and their buffer areas are valuable and fragile natural resources with significant development constraints due to flooding, erosion, soil liquefaction potential, and septic disposal limitations. 2. In their natural state, wetlands provide many valuable social and ecological services, including: a. controlling flooding and stormwater runoff by storing or regulating natural flows; b. protecting water resources by filtering out water pollutants, processing biological and chemical oxygen demand, recycling and storing nutrients, and serving as settling basins for naturally occurring sedimentation; -1- c. providing areas for groundwater recharge; d. preventing shoreline erosion by stabilizing the substrate; e. providing habitat areas for many species of fish, wildlife, and vegetation, many of which are dependent on wetlands for their survival, and many of which are on Washington State and Federal Endangered Species lists; f. providing open space and visual relief from intense development in urbanized areas; g. providing recreation opportunities; and g. serving as areas for scientific study and natural resource education. 3. Development in wetlands results in: a. increased soil erosion and sedimentation of downstream water bodies, including navigable channels; b. increased shoreline erosion; c. degraded water quality due to increased turbidity and loss of pollutant removal processes; d. elimination or degradation of wildlife and fisheries habitat; e. loss of fishery resources from water quality degradation, increased peak flow rates, decreased summer low flows, and changes in the streamflow regimen; f. loss of stormwater retention capacity and slow - release detention resulting in flooding, degraded water quality, and changes in the streamflow regimen of watersheds; g. loss of groundwater recharge areas. 4. Buffer areas surrounding wetlands are essential to maintenance and protection of wetland functions and values. Buffer areas protect wetlands from degradation by: a. stabilizing soil and preventing erosion; b. filtering suspended solids, nutrients, and harmful or toxic substances; c. moderating impacts of stormwater runoff; -2- d. moderating system microclimate; e. protecting wetland wildlife habitat from adverse impacts; f. maintaining and enhancing habitat diversity and /or integrity; g. supporting and protecting wetlands plant and animal species and biotic communities; and h. reducing disturbances to wetland resources caused by intrusion of humans and domestic animals. 5. The loss of the social and ecological services provided by wetlands results in a detriment to public safety and welfare; replacement of such services, if require considerable public expenditure. 6. A considerable acreage of these important natural resources has been lost or degraded by draining, dredging, filling, excavating, building, polluting, and other acts inconsistent with the natural uses of such areas. Remaining wetlands are in jeopardy of being lost, despoiled, or impaired by such acts. possible at all, can 7. It is therefore necessary for the City of Port Angeles to ensure maximum protection for wetland areas by discouraging development activities in wetlands and those activities at adjacent sites that may adversely affect wetland functions and values; to encourage restoration and enhancement of already degraded wetland systems; and to encourage creation of new wetland areas. B. Purpose. It is the policy of the City of Port Angeles to require site planning to avoid or minimize damage to wetlands wherever possible; to require that activities not dependent upon a wetland location be located at upland sites; and to achieve no net loss of wetlands by requiring restoration or enhancement of degraded wetlands or creation of new wetlands to offset losses which are unavoidable. In addition, it is the intent of the City of Port -3- Angeles that activities in or affecting wetlands not threaten public safety, cause nuisances, or destroy or degrade natural wetland functions and values by: 1. impeding flood flows, reducing flood storage capacity, or impairing natural flood control functions, thereby resulting in increased flood heights, frequencies, or velocities on other lands; 2. increasing water pollution through location of domestic waste disposal systems in wetlands; unauthorized application of pesticides and herbicides; disposal of solid waste at inappropriate sites; creation of unstable fills, or the destruction of wetland soils and vegetation; 3. increasing erosion; 4. decreasing breeding, nesting, and feeding areas for many species of waterfowl and shorebirds, including those rare and endangered; 5. interfering with the exchange of nutrients needed by fish and other forms of wildlife; 6. decreasing habitat for fish and other forms of wildlife; 7. adversely altering the recharge or discharge functions of wetlands, thereby impacting groundwater or surface water supplies; 8. significantly altering wetland hydrology and thereby causing either short- or long -term changes in vegetational composition, soils characteristics, nutrient cycling, or water chemistry; 9. destroying sites needed for education and scientific research, such as outdoor biophysical laboratories, living classrooms, and training areas; 10. interfering with public rights in navigable waters and the recreation opportunities provided by wetlands for fishing, boating, hiking, birdwatching, photography, and other passive uses; or -4- 11. destroying or damaging aesthetic and property values, including significant public viewsheds. The purposes of this Chapter are to protect the public health, safety, and welfare by preventing the adverse environ- mental impacts of development enumerated in Section 15.24.010, and by: 1. preserving, protecting, and restoring wetlands by regulating development within them and their buffers; 2. protecting the public against losses from: a. unnecessary maintenance and replacement of public facilities, including the dredging of ports and navigation channels; b. publicly funded mitigation of avoidable impacts; c. cost for public emergency rescue and relief operations; and d. potential litigation from improper construction practices authorized for wetland areas; 3. alerting appraisers, assessors, owners, and potential buyers or lessees to the development limitations of wetlands; 4. providing City of Port Angeles officials with information to evaluate, approve, condition, or deny public or private development proposals; 5. adopting the Governor's interim goal of achieving no overall net loss in acreage and functions of Washington's remaining wetland base and the long -term goal of increasing the quantity and quality of Washington's wetland resource base; 6. implementing the goals and policies of the City of Port Angeles Comprehensive Plan encouraging development compatible with the environment of the City, encouraging development to provide open space, encouraging development to preserve and incorporate existing "unusual, unique and interesting natural features ", reducing development intensity as natural environmental -5- constraints increase, and avoiding intensive development of sites with severe environmental constraints; 7. implementing the policies of the Growth Management Act; the State Environmental Policy Act, Chapter 43.21C RCW; the Puget Sound Water Quality Management Plan; Washington State Executive Order 90 -04; Port Angeles Environmental Policy Ordinance, Chapter 15.04 of the Port Angeles Municipal Code; Port Angeles Shoreline Management Ordinance, Chapter 15.08 of the Port Angeles Municipal Code; Port Angeles Flood Damage Prevention Ordinance, Chapter 15.12 of the Port Angeles Municipal Code; the Port Angeles Zoning Code; the Port Angeles Stormwater Management Plan; and all other present and future City of Port Angeles functional, environmental, and community plans, programs and ordinances. 15.24.020 - Definitions. For the purposes of this Chapter, the following definitions shall apply: A. "Applicant" means a person who files an application for permit under this Chapter and who is either the owner of the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person. B. "Best management practices" means conservation practices or systems of practices and management measures that: 1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics, and sediment; and 2. Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands. C. "Compensation project" means actions necessary to replace project- induced wetland and wetland buffer losses, including land acquisition, planning, construction plans, monitoring, and contingency actions. -6- D. "Compensatory mitigation" means replacing project - induced wetland losses or impacts, and includes, but is not limited to, the following: 1. "Restoration" - Actions performed to re- establish wetland functional characteristics and processes which have been lost by alterations, activities, or catastrophic events within an area which no longer meets the definition of a wetland. 2. "Creation" - Actions performed to intentionally establish a wetland at a site where it did not formerly exist. 3. "Enhancement" - Actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality. E. "Critical habitat" means habitat necessary for the survival of endangered, threatened, rare, sensitive, or monitor species. F. "Developable Area" means an area of land outside of wetlands and wetland buffers. G. "Department" means the Washington State Department of Ecology. H. "Emergent wetland" means a regulated wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata. I. "Exotic" means any species of plants or animals that are foreign to the planning area. J. "Existing and ongoing agriculture" includes those activities conducted on lands defined in RCW 84.34.030(2), and those activities involved in the production of crops or livestock. For example, the operation and maintenance of farm and stock ponds or drainage ditches; operation and maintenance of ditches; irrigation systems including irrigation laterals, canals, or irrigation drainage ditches; changes between agricultural activities; and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Activities which bring an area into agricultural use are not part -7- of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricul- tural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. Forest practices are not included in this definition. K. "Extraordinary hardship" means strict application of this Chapter and /or programs adopted to implement this Chapter by the City of Port Angeles would prevent all reasonable economic use of the parcel. L. "Forested wetland" means a regulated wetland with at least 20 percent of the surface area covered by woody vegetation greater than 20 feet in height. M. "Functions ", "beneficial functions ", or "functions and values" means the beneficial roles served by wetlands, including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage; conveyance and attenuation; groundwater recharge and discharge; erosion control; wave attenuation; historical and archaeological and aesthetic value protection; and recreation. These beneficial roles are not listed in order or priority. N. "High intensity land use" includes land uses which are associated with moderate or high levels of human disturbance or substantial wetland habitat impacts including, but not limited to, medium and high density residential, multifamily residential, active recreation, and commercial and industrial land uses. 0. "High quality wetlands" are those regulated wetlands which meet the following criteria: 1. No, or isolated, human alteration of the wetland topography; 2. No human - caused alteration of the hydrology or else the wetland appears to have recovered from the alteration; -8- 3. Low cover and frequency of exotic plant species; 4. Relatively little human- related disturbance of the native vegetation, or recovery from past disturbance; 5. If the wetland system is degraded, it still contains a viable and high quality example of a native wetland community; and 6. No known major water quality problems. P. "Hydric Soil" means a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands ". For the purposes of identifying wetland critical areas, hydric soils that qualify as "prime agricultural soils" only through artificial means that will impair the existence of natural wetlands (specifically soils that are prime agricultural land only when drained), are considered potential wetlands indicators for the purposes of this Chapter, and are not to be considered agricultural resource lands. Q. "Hydrophytic vegetation" means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands ". R. "In -kind compensation" means to replace wetlands with substitute wetlands whose characteristics closely approximate those destroyed or degraded by a regulated activity. It does not mean replacement "in- category ". S. "Isolated wetlands" means those regulated wetlands which: 1. are outside of and not contiguous to any 100 -year floodplain of a lake, river, or stream; and 2. have no contiguous hydric soil or hydrophytic -9- vegetation between the wetland and any surface water. T. "Low- intensity land use" includes land uses which are associated with low levels of human disturbance or low wetland habitat impacts, including, but not limited to, passive recreation, open space, or agricultural or forest management land uses. U. "Mitigation" includes avoiding, minimizing, compensating for adverse wetland impacts. Mitigation, in following order of preference, is: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; 3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; or the 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; 6. Monitoring the impact and the compensation project and taking appropriate corrective measures. Mitigation for individual actions may include a combination of the above measures. V. "Native Vegetation" means plant species which are indigenous to the area in question. W. "Off -site compensation" means to replace wetlands away from the site on which a wetland has been impacted by a regulated activity. X. "On -site compensation" means to replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity. -10- Y. "Out -of -kind compensation" means to replace wetlands with substitute wetlands whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. It does not refer to replacement "out -of- category ". Z. "Practicable alternative" means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to regulated wetlands. It may include an area not owned by the applicant which could reasonably have been or be obtained, utilized, expanded, or managed in order to fulfill the basic purposes of the proposed activity. AA. "Puget Sound" means all salt waters of the State of Washington inside the international boundary line between the State of Washington and the Province of British Columbia, lying east of one hundred twenty -three degrees, twenty -four minutes west longitude. BB. "Regulated activities" means any of the following activities which are directly undertaken or originate in a regulated wetland or its buffer: 1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind; material; 2. The dumping, discharging, or filling with any 3. The draining, flooding, or disturbing of the water level or water table; 4. The driving of pilings; 5. The placing of obstructions; 6. The construction, reconstruction, demolition, or expansion of any structure; 7. The destruction or alteration of wetlands vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character -11- of a regulated wetland; provided that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules; or 8. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetlands water sources, including quantity, or the introduction of pollutants. CC. "Regulated wetlands" means ponds twenty acres or less, including their submerged aquatic beds, and those lands defined as wetlands under the Federal Clean Water Act, 33 USC Sec. 1251 et seq., and rules promulgated pursuant thereto and shall be those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Regulated wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands created as mitigation and wetlands modified for approved land use activities shall be considered as regulated wetlands. Category I, II, III and IV wetlands are defined in Section 15.24.040D, Wetlands Rating System. All Category I wetlands shall be considered regulated wetlands. Regulated wetlands do not include Category II and III wetlands less than 2,500 square feet and Category IV wetlands less than 10,000 square feet. Regulated wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. The applicant shall bear the burden of proving that the site was not previously a wetland. For identifying and delineating a regulated wetland, local government shall consider the latest version of the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands ". DD. "Repair or maintenance" means an activity that restores -12- the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter additional regulated wetlands are not included in this definition. EE. "Scrub -shrub wetland" means a regulated wetland with at least 30 percent of its surface area covered by woody vegetation less than 20 feet in height as the uppermost stratum. FF. "Serviceable" means presently usable. GG. "Unavoidable and necessary impacts" are impacts to regulated wetlands that remain after a person proposing to alter regulated wetlands has demonstrated that no practicable alternative exists for the proposed project. HH. "Water- dependent" means requiring the use of surface water that would be essential to fulfill the purpose of the proposed project. II. "Wetlands ", for the purposes of inventory, incentives, and nonregulatory programs, means those lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For the purposes of this definition, wetlands must have one or more of the following attributes: 1. At least periodically, the land supports predominantly hydrophytes; 2. The substrate is predominantly undrained hydric soil; and 3. The substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year. JJ. "Wetland buffers" or "wetland buffer zones" is an area that surrounds and protects a wetland from adverse impacts to the functions and values of a regulated wetland. KK. "Wetland classes ", "classes of wetlands ", or "wetland -13- types" means descriptive classes of the wetlands taxonomic classification system of the United States Fish and Wildlife Service (Cowardin, et al, 1978). LL. "Wetlands permit" means any permit issued, conditioned, or denied specifically to implement this Chapter. MM. "Wetland edge" means the boundary of a wetland as delineated based on the definitions contained in this Chapter. 15.24.030 - General Provisions. A. Abrogation and Greater Restrictions. It is not intended that this Chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail. B. Interpretation. The provisions of this Chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this Chapter. 15.24.040 - Lands to Which this Chapter Applies. A. Applicability. 1. When any provision of any other Chapter of the Port Angeles Municipal Code conflicts with this Chapter, that which provides more protection to wetlands and wetland buffers shall apply unless specifically provided otherwise in this Chapter. 2. The Planning Director is authorized to adopt written procedures for the purpose of carrying out the provisions of this Chapter. Prior to fulfilling the requirements of this Chapter, the City of Port Angeles shall not grant any approval or permission to conduct a regulated activity in a wetland or wetland buffer, including but not limited to the following: building permit, commercial or residential; binding site plan; conditional use permit; franchise right -of -way construction permit; grading and clearing permit; master plan development; planned unit development; right -of -way permit; shoreline substantial development permit; shoreline variance; shoreline conditional use -14- permit; shoreline environmental redesignation; unclassified use permit; variance; zone reclassification; subdivision; short subdivision; special use permit; utility and other use permit; or any subsequently adopted permit or required approval not expressly exempted by this Chapter. B. Maps and Inventory. This Chapter shall apply to all lots or parcels on which wetlands and /or wetland buffers are located within the jurisdiction of the City of Port Angeles. The approximate location and extent of wetlands in the City of Port Angeles is displayed on the following maps: 1. Wetlands identified on U. S. Fish and Wildlife Service National Wetlands Inventory Angeles Point, Ediz Hook, Elwha, Morse Creek, and Port Angeles maps. 2. Hydric soils and "wet spots" identified by the USDA Soils Conservation Service Soil Survey of Clallam County Area maps numbers 22, 31, 32, 33. 3. City of Port Angeles Composite Wetland Inventory and Hydric Soils map, as may be modified from time to time. These map resources are to be used as a guide to the general location and extent of wetlands. Wetlands not shown on these maps but meeting the criteria set forth in this Chapter are presumed to exist in the City of Port Angeles and are protected under all the provisions of this Chapter. In the event that any of the wetland designations shown on the maps conflict with the criteria set forth in this Chapter, the criteria shall control. C. Determination of Regulatory Wetland Boundary. 'Ihe exct location of the wetland boundary shall be determined through the performance of a field investigation applying the wetland definition provided in Section 15.24.020 of this Chapter. Qualified professional and technical scientists shall perform wetland delineations using the latest version of the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands ". An applicant for a wetland permit is required under Subsection 15.24.060C3 to show the location of the wetland boundary on a -15- scaled drawing as a part of the permit application. The Planning Director shall decide whether the scientists who perform the delineation of boundary requirement are retained by the applicant or by the City with the applicant paying the City for the costs in accordance with the provisions of Section 15.24.060C4 of this Chapter. Where the delineation is performed under the Planning Director's direction, such delineation shall be considered a final determination. Where the applicant has provided a delineation of the wetland boundary, the Planning Director shall verify the accuracy of, and may render adjustments to, the boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the Planning Director shall, at the applicant's expense, obtain expert services to render a final delineation. D. Wetlands Rating System. The following Washington State rating system is hereby adopted as the rating system for the City of Port Angeles. Wetlands buffer widths, replacement ratios, and avoidance criteria shall be based on these rating systems. 1. Washington State Four -Tier Wetlands Rating System. a. Category I Criteria i. Documented habitat for endangered or threatened fish or animal species or for potentially extirpated plant species recognized by State or Federal agencies; or ii. High quality native wetland communities, including documented Category I or II quality Natural Heritage wetland sites and sites which qualify as a Category I or II quality National Heritage wetland; or iii. High quality, regionally rare wetland communities with irreplaceable ecological functions, including sphagnum bogs and fens, estuarine wetlands, or mature forested swamps; or iv. Wetlands of exceptional local signifi- cance. The criteria for such a designation shall be developed and -16- adopted by the local jurisdiction under appropriate public review and administrative appeal procedures. The criteria may include, but not be limited to, rarity, groundwater recharge areas, significant habitats, unique educational sites, or other specific functional values within a watershed or other regional boundary. b. Category II Criteria i. Regulated wetlands that do not contain features outlined in Category I; and ii. Documented habitats for sensitive plant, fish, or animal species recognized by Federal or State agencies; or iii. Rare wetland communities listed in Subsection 15.24.040Dlaiii which are not high quality; or iv. Wetland types with significant functions which may not be adequately replicated through creation or restoration. v. Regulated wetlands with significant habitat value based on diversity and size. vi. Regulated wetlands contiguous with salmonid fish - bearing waters, including streams where flow is intermittent; or vii. Regulated wetlands with significant use by fish and wildlife. c. Category III Criteria i. Regulated wetlands that do not contain features outlined in Category I, II, or IV. d. Category IV Criteria i. Regulated wetlands which do not meet the criteria of a Category I or II wetland; and ii. Isolated wetlands which are less than or equal to one acre in size; and have only one wetland class; and have only one dominant plant species (monotypic vegetation); or iii. Isolated wetlands which are less than or equal to two acres in size, and have only one wetland class and a -17- predominance of exotic species. 2. Wetland rating categories shall be applied as the regulated wetland exists on the date of adoption of the rating system by the local government; as the regulated wetland may nat- urally change thereafter; or as the regulated wetland may change in accordance with permitted activities. Wetland rating cate- gories shall not be altered to recognize illegal modifications. 3. The City of Port Angeles shall apply the latest version of the Washington State Department of Ecology "Washington State Wetlands Rating System for Rating the Resource Value of Regulated Wetlands" and "Field Methodology" as its procedures for the wetland rating system. 4. The City of Port Angeles will initially rate wetlands based on information derived from available maps, reports, and similar materials. Wetlands may be reclassified into another category at a subsequent date should field surveys or other new materials warrant such action. 15.24.050 - Regulated Activities and Allowed Activities. A. Regulated Activities. A permit shall be obtained from local government prior to undertaking the following activities in a regulated wetland or its buffer, unless authorized by Subsection B below: 1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind; material; 2. The dumping, discharging, or filling with any 3. The draining, flooding, or disturbing of the water level or water table. 4. The driving of pilings; 5. The placing of obstructions; 6. The construction, reconstruction, demolition, or expansion of any structure; 7. The destruction or alteration of wetlands vegeta- -18- tion through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a reg- ulated wetland, provided that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules; or 8. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetlands water sources, including quantity, or the introduction of pollutants. B. Allowed Activities. The following uses shall be allowed within a wetland or wetland buffer to the extent that they are not prohibited by any other ordinance or law and provided they are conducted using best management practices, except where such activities result in the conversion of a regulated wetland or wetland buffer to a use to which it was not previously subjected, and provided further that forest practices and conversions shall be governed by Chapter 76.09 RCW and its rules: 1. Conservation or preservation of soil, water vegetation, fish, shellfish, and other wildlife; 2. Outdoor recreational activities, including but not limited to fishing, birdwatching, hiking, boating, horseback riding, swimming, canoeing, and bicycling; 3. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the wetland by changing existing topography, water conditions, or water sources; 4. Existing and ongoing agricultural activities, including farming, horticulture, aquaculture, irrigation, ranching or grazing of animals. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it was conducted has been converted to another use or has laid idle so long that modifications to the -19- hydrological regime are necessary to resume operations; 5. The maintenance (but not construction) of drainage ditches; 6. Education, scientific research, and use of nature trails; 7. Navigation aids and boundary markers; 8. Boat mooring buoys; 9. Site investigative work necessary for land use application submittals, such as surveys, soil logs, percolation tests, and other related activities. In every case, wetland impacts shall be minimized and disturbed areas shall be immediately restored; and 10. The following uses are allowed within wetlands and /or wetland buffers provided that written notice at least ten days prior to the commencement of such work has been given to the Planning Director, and provided that wetland impacts are minimized and that disturbed areas are immediately restored: a. Normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Maintenance and repair does not include any modification that changes the character, scope, or size of the original structure, facility, or improved area and does not include the construction of a maintenance road; and b. Minor modification of existing serviceable structures within a buffer zone where modification does not adversely impact wetland functions. C. Special Permit Uses. Any activity other than those specified in Subsection B may not be conducted in wetlands or wetland buffers except upon issuance of a Wetland Permit by the Planning Director. 15.24.060 - Procedures for Wetland Permits. A. Permit Reauirements. Compliance. Except as specifically provided in Section 15.24.050B, no regulated activity shall occur or be permitted to occur within a regulated wetland or wetland -20- buffer without a written permit from the Planning Director. Any alteration approved by such written permit shall comply fully with the requirements and purposes of this Chapter, other applicable regulations, and any terms or conditions of said permit. All activities which are not allowed or permitted shall be prohibited. B. Wetland Permits, Extensions. Application for a Wetland Permit to conduct any regulated activity not specifically authorized by Section 15.24.050B within a wetland or wetland buffer shall be made to the Planning Director on forms furnished by his /her office. Permits shall normally be valid for a period of three years from the date of issue and shall expire at the end of that time, unless a longer or shorter period is specified by the Planning Director upon issuance of the permit. An extension of an original permit may be granted upon written request to the Planning Director by the original permit holder or the successor in title. Prior to the granting of an extension, the Planning Director shall require updated studies and /or additional hearings if, in his /her judgment, the original intent of the permit is altered or enlarged by the renewal; if the circumstances relevant to the review and issuance of the original permit have changed substantially; or if the applicant failed to abide by the terms of the original permit. C. Permit Applications. 1. Request for determination of applicability: Any person seeking to determine whether a proposed activity or an area is subject to this Chapter may request in writing a determination from the Planning Director. Such a request for determination shall contain plans, data, and other information as may be specified by the Planning Director. 2. Pre - Permit Consultations: Any person intending to apply for a Wetland Permit is strongly encouraged, but not required, to meet with the Planning Director during the earliest possible stages of project planning in order to discuss wetland impact avoidance and minimization and to discuss compensation, -21- before large commitments have been made to a particular project design. Effort put into pre - application consultations and planning will help applicants create projects which will be more quickly and easily processed. 3. Information Requirements: Unless the Planning Director waives one or more of the following information requirements, applications for a Wetland Permit under this Chapter shall include: a. A description and maps overlaid on an aerial photograph at a scale no smaller than 1" =200', showing the entire parcel of land owned by the applicant and the exact boundary pursuant to Section 15.24.040C of the wetland on the parcel; b. A description of the vegetative cover of the wetland and adjacent area, including dominant species; c. A site plan for the proposed activity overlaid on an aerial photograph at a scale no smaller than 1" =200', showing the location, width, depth, and length of all existing and proposed structures, roads, sewage disposal and treatment, and installations within the wetland and its buffer; d. The exact sites and specifications for all regulated activities, including the amounts and methods; e. Elevations of the site and adjacent lands within the wetland and its buffer at contour intervals of no greater than 5 feet; f. Top view and typical cross - section views of the wetland and its buffer to scale; g. The purposes of the project and an explanation why the proposed activity cannot be located at other sites, including an explanation of how the proposed activity is dependent upon wetlands or water - related resources as described in Section 15.24.070D of this Chapter; and h. Specific means to mitigate any potential adverse environmental impacts of the applicant's proposal. The Planning Director may require additional -22- information, including but not limited to, an assessment of wetland functional characteristics, including a discussion of the methodology used; documentation of the ecological, aesthetic, economic, or other values of the wetland; a study of flood, erosion, or other hazards at the site and the effect of any protective measures that might be taken to reduce such hazards; and any other information deemed necessary to verify compliance with the provisions of this Chapter or to evaluate the proposed use in terms of the purposes of this Chapter. The Planning Director shall maintain and make available to the public, all information applicable to any wetland and its buffer. 4. Filing Fees: At the time of an application or request for delineation, the applicant shall pay a filing fee as determined by the Planning Director. Sufficient fees shall be charged to the applicant to cover the costs of evaluation of the application or request for delineation. These fees may be used by the Planning Director to retain expert consultants to provide services pertaining to wetland boundary determinations, functional assessments, and evaluation of mitigation measures. As deemed necessary by the Planning Director, the Planning Director may assess additional reasonable fees as needed to monitor and evaluate permit compliance and mitigation measures. A scope of work and fee estimate shall be provided to the applicant before proceeding with the delineation. 5. Notification: Upon receipt of the completed permit application, the Planning Director shall notify the individuals and agencies, including Federal and State agencies, having jurisdiction over or an interest in the matter, to provide such individuals and agencies an opportunity to comment. The Planning Director shall establish a mailing list of all interested persons and agencies who wish to be notified of such application. 6. Notice on Title: a. The owner of any property with field verified -23- presence of wetland or wetland buffer pursuant to Subsection 15.24.040C, on which a development proposal is submitted shall file for record with the Clallam County Auditor a notice approved by the Planning Director in a form substantially as set forth in Subsection b. below. Such notice shall provide notice in the public record of the presence of a wetland or wetland buffer, the application of this Chapter to the property, and that limitations on actions in or affecting such wetlands and their buffers may exist. The applicant shall submit proof that the notice has been filed for record before the City of Port Angeles shall approve any development proposal for such site. The notice shall run with the land and failure to provide such notice to any purchaser prior to transferring any interest in the property shall be in violation of this Chapter. b. Form of Notice: WETLAND AND /OR WETLAND BUFFER NOTICE Legal Description: Present Owner: NOTICE: This property contains wetlands defined by City of Port Angeles Ordinance. subject of a development proposal for application # filed on or their buffers as The property was the (type of permit (date) . Restrictions on use or alteration of the wetlands or their buffers may exist due to natural conditions of the property and resulting regulations. Review of such application has provided information on the location of wetlands or wetland buffers and restrictions on their use through setback areas. A copy of the plan showing such setback areas is attached hereto. (Signature of owner) STATE OF WASHINGTON ) SS: COUNTY OF CLALLAM ) On this day personally appeared before me to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein stated. Given under my hand and official seal this day of , 19 -24- NOTARY PUBLIC in and for the State of Washington, residing at D. Permit Processing. 1. Consolidation: The Planning Director shall, to the extent practicable and feasible, consolidate the processing of wetlands - related aspects of other City of Port Angeles regulatory programs which affect activities in wetlands, such as subdivision, clearing and grading, floodplain, and environmentally sensitive areas, with the Wetland Permit process established herein so as to provide a timely and coordinated permit process. 2. Completeness of Application: No later than 10 working days after receipt of the permit application, the Planning Director shall notify the applicant as to the completeness of the application. An application shall not be deemed complete until and unless all information necessary to evaluate the proposed activity, its impacts, and its compliance with the provisions of this Chapter have been provided to the satisfaction of the Planning Director. Such determination of completeness shall not be construed as an approval or denial of the permit application. 3. Public Hearings: Following the submittal of an application determined to be complete by the Planning Director, the Planning Director shall hold a public hearing on the application, unless the Planning Director finds that the activity is so minor as to not adversely affect a wetland or wetland buffer. The Planning Director shall, at least fifteen (15) days prior to the date of the hearing, confirm that the following has been accomplished: a. a notice of the hearing has been published at least once a week on the same day of the week for two consecutive weeks in a newspaper having a general circulation in the City of Port Angeles; b. notice has been given to the latest recorded real property owners as shown by the records of the County Assessor within at least three hundred feet of the boundary of the property upon which the regulated activity is proposed; and -25- c. notice has been posted at the proposed site of activity and at public places of assembly near the site of the proposed activity. The notices shall include a brief description of the project, including the location; the time and place of the hearing; statement that the file regarding the permit application is available for public inspection during regular business hours; the address where the file may be inspected; a request for written comments prior to the hearing and attendance and oral testimony by concerned parties at the hearing. All hearings shall be open to the public. A record of the hearings shall be made. Any person may present evidence and testimony at the hearings. At the hearings, applicants shall have the burden of demonstrating that the proposed activity will be in accordance with the purposes of this Chapter and the standards set forth below. 4. Permit Action: a. Upon receipt of a complete application for a permit authorizing activities on a Category I wetland or its buffer, the City of Port Angeles shall submit the application to the Washington State Department of Ecology for its review and comment. When such permits applications are submitted, the Washington State Department of Ecology should submit its comments or should request an extension of the review period within 30 days. Extensions may be up to 30 days in length. When submitted, no permit shall be issued under this Subsection prior to receipt of such comments or the expiration of the time period or any extension. b. The Planning Director shall approve, approve with conditions, or deny a permit application within thirty (30) working days of the public hearing; except that where additional information is required by the Planning Director, he /she may extend this period by sixty (60) days. In acting on the appli- cation, the Planning Director shall in writing deny, permit, or -26- conditionally permit the proposed activity. If a decision must be made in a 90 -day period and there is insufficient information or time to process the application, a denial will be issued. 15.24.070 - Standards for Permit Decisions. A. A permit shall only be granted if the permit, as conditioned, is consistent with the provisions of this Chapter. Additionally, permits shall only be granted if: 1. A proposed action avoids adverse impacts to regulated wetlands or their buffers or takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; 2. The proposed activity results in no net loss; or 3. Denial of a permit would cause an extraordinary hardship on the applicant. B. Wetlands permits shall not be effective and no activity thereunder shall be allowed during the time provided to file a permit appeal. C. Wetland Buffers: 1. Standard Buffer Zone Widths: Wetland buffer zones shall be required for all regulated activities adjacent to regulated wetlands. Any wetland created, restored, or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field, pursuant to the applicable definitions in 15.24.020. The width of the wetland buffer zone shall be determined according to wetland category and the intensity of the proposed land use, as follows: a. Category I High intensity Low intensity b. Category II High intensity Low intensity c. Category III High intensity Low intensity -27- 300 feet 200 feet 200 feet 100 feet 100 feet 50 feet d. Category IV High intensity Low intensity 50 feet 25 feet 2. Increased Wetland Buffers Zone Width: The Planning Director shall require increased standard buffer zone widths on a case -by -case basis when a larger buffer is necessary to protect wetlands functions and values, based on local conditions. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the regulated wetland. Such determination shall be attached as a permit condition and shall demonstrate that: a. a larger buffer is necessary to maintain viable populations of existing species; or b. the wetland is used by species proposed or listed by the Federal Government or the State as endangered, threatened, rare, monitor, or sensitive, critical or outstanding potential habitat for those species, or has unusual nesting or resting sites, such as heron rookeries or raptor nesting trees; or c. the adjacent land is susceptible to severe erosion, and erosion control measures will not effectively prevent adverse wetland impacts; or d. the adjacent land has minimal vegetative cover or slopes greater than 15 percent. 3. Reduction of Standard Wetland Buffer Zone Width: The Planning Director may reduce the standard wetland buffer zone widths on a case -by -case basis where it can be demonstrated that: a. the adjacent land is extensively vegetated and has less than 15 percent slopes and that no direct or indirect, short -term or long -term, adverse impacts to regulated wetlands, as determined by the Planning Director, will result from a regulated activity. The Planning Director may require long -term monitoring of the project and subsequent corrective actions if adverse impacts to regulated wetlands are discovered; or -28- b. the project includes a buffer enhancement plan using native vegetation which substantiates that an enhanced buffer will improve the functional attributes of the buffer to provide additional protection for wetlands functions and values. An enhanced buffer shall not result in greater than a 25 percent reduction in the buffer width, and the reduced buffer shall not be less than 25 feet. 4. Standard Wetland Buffer Width Averaging: Standard wetland buffer zones may be modified by averaging buffer widths. Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following: a. that averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property; b. that the wetland contains variations in sensitivity due to existing physical characteristics; c. that low intensity land uses would be located adjacent to areas where buffer width is reduced, and that such low intensity land uses are guaranteed in perpetuity by covenant, deed restriction, easement, or other legally binding mechanism; d. that width averaging will not adversely impact the wetland functional values; and e. that the total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance shall the buffer width be reduced by more than 50 percent of the standard buffer or be less than 25 feet. 5. Except as otherwise specified, wetland buffer zones shall be retained in their natural condition. Where buffer disturbance has occurred during construction, revegetation with native vegetation may be required. 6. Permitted Uses in a Wetland Buffer Zone: Regulated activities shall not be allowed in a buffer zone except for the following: -29- a. activities having minimal adverse impacts on buffers and no adverse impacts on regulated wetlands. These may include low intensity, passive recreational activities such as pervious trails, nonpermanent wildlife watching blinds, short -term scientific or educational activities, and sports fishing or hunting; b. with respect to Category II and IV wetlands, stormwater management facilities having no reasonable alternative on -site location; or c. with respect to Category III and IV wetlands, development having no feasible alternative location. 7. Building Setback Lines: A building setback line of 15 feet is required from the edge of any wetland buffer. Minor structural intrusions into the area of the building setback may be allowed if the Planning Director determines that such intrusions will not negatively impact the wetland. The setback shall be identified on a site plan which is filed as an attachment to the notice on title required by Subsection 15.24.06006. D. Avoiding Wetland Impacts: 1. Regulated activities shall not be authorized in a regulated wetland except where it can be demonstrated that the impact is both unavoidable and necessary or that all reasonable economic uses are denied. 2. With respect to Category I wetlands, an applicant must demonstrate that denial of the permit would impose an extraordinary hardship on the part of the applicant brought about by circumstances peculiar to the subject property. 3. With respect to Category II and III wetlands, the following provisions shall apply: a. For water - dependent activities, unavoidable and necessary impacts can be demonstrated where there are no practicable alternatives which would not involve a wetland or which would not have less adverse impact on a wetland, and would not have other significant adverse environmental consequences. -30- b. Where nonwater- dependent activities are proposed, it shall be presumed that adverse impacts are avoidable. This presumption may be rebutted upon a demonstration that: i. the basic project purpose cannot reasonably be accomplished utilizing one or more other sites in the general region that would avoid, or result in less, adverse impact on a regulated wetland; and ii. a reduction in the size, scope, configuration, or density of the project as proposed and all alternative designs of the project as proposed that would avoid, or result in less, adverse impact on a regulated wetland or its buffer will not accomplish the basic purpose of the project; and iii. in cases where the applicant has rejected alternatives to the project as proposed due to constraints such as zoning, deficiencies of infrastructure, or parcel size, the applicant has made reasonable attempts to remove or accommodate such constraints. 4. With respect to Category IV wetlands, unavoidable and necessary impacts can be demonstrated where the proposed activity is the only reasonable alternative which will accomplish the applicant's objectives. E. Reasonable Use Exception: 1. If an applicant for a development proposal demonstrates to the satisfaction of the Planning Director that application of these standards would deny all reasonable economic use of the property, development as conditioned may be allowed if the applicant also demonstrates all of the following to the satisfaction of the Planning Director: a. that the proposed project is water - dependent or requires access to the wetland as a central element of its basic function, or is not water - dependent but has no practicable alternative, pursuant to Subsection 15.24.070D; b. that no reasonable use with less impact on the wetland and its buffer is possible (e.g., agriculture, -31- aquaculture, transfer or sale of development rights or credits, sale of open space easements, etc.); c. that there is no feasible on -site alternative to the proposed activities, including reduction in density, phasing of project implementation, change in timing of activities, revision of road and lot layout, and /or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to wetlands and wetland buffers; d. that the proposed activities will result in minimum feasible alteration or impairment to the wetland's functional characteristics and its existing contours, vegetation, fish and wildlife resources, and hydrological conditions; e. that disturbance of wetlands has been minimized by locating any necessary alteration in wetland buffers to the extent possible; f. that the proposed activities will not jeopardize the continued existence of endangered, threatened, rare, sensitive, or monitor species as listed by the Federal government or the State of Washington; g. that the proposed activities will not cause significant degradation of groundwater or surface water quality; h. that the proposed activities comply with all State, local, and Federal laws, including those related to sediment control, pollution control, floodplain restrictions, and on -site wastewater disposal; i. that any and all alterations to wetlands and wetland buffers will be mitigated as provided in Subsection 15.24.070H7; j. that there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and k. that the inability to derive reasonable economic use of the property is not the result of actions by the applicant in segregating or dividing the property and creating the -32- undevelopable condition after the effective date of this Chapter. 2. If the Planning Director determines that alteration of a wetland and /or wetland buffer is necessary and unavoidable, the Planning Director shall set forth in writing in the file he maintains regarding a permit application his findings with respect to each of the items listed in this Subsection. 3. Alternatively, if the Planning Director determines that application of these standards would deny all reasonable economic use of the property, the City may take the property for public use with just compensation being made. F. Minimizing Wetlands Impacts: 1. After it has been determined by the Planning Director pursuant to Subsection 15.24.070D that losses of wetland are necessary and unavoidable or that all reasonable economic use has been denied, the applicant shall take deliberate measures to minimize wetland impacts. 2. Minimizing impacts to wetlands shall include but is not limited to: a. limiting the degree or magnitude of the regulated activity; b. limiting the implementation of the regulated activity; technology; impacts; c. using appropriate and best available d. taking affirmative steps to avoid or reduce e. sensitive site design and siting of facilities and construction staging areas away from regulated wetlands and their buffers; planning; and f. involving resource agencies early in site g. providing protective measures, such as siltation curtains, hay bales, and other siltation prevention measures; scheduling the regulated activity to avoid interference -33- with wildlife and fisheries rearing, resting, nesting, or spawning activities. G. Limited Density Transfer: For development proposals on lands containing wetland buffers, the Planning Director shall determine allowable dwelling units for residential development proposals based on the formulas below. The following formula for density calculations is designed to provide incentives for the preservation of wetlands and wetland buffers, flexibility in design, and consistent treatment of different types of development proposals. The formula shall apply to all properties within existing residential zones on which wetlands and wetland buffers are located. The maximum number of dwelling units (DU) for a lot or parcel which contains wetlands and wetland buffers shall be equal to: (Acres in Wetland Buffer)(DU /Acre)(Density Credit). The density credit figure is derived from the following table: Percentage of site in buffers Density Credit 1 -10% 100% 11 -20% 90% 21 -30% 80% 31 -40% 70% 41 -50% 60% 51 -60% 50% 61 -70% 40% 71 -80% 30% 81 -90% 20% 91 -99% 10% The density credit can only be transferred within the development proposal site. To the extent that application of the formula may result in lot sizes less than the minimum allowed by the underlying district, they are hereby authorized, provided that the resultant lot is of sufficient size for an on -site waste disposal system if no sanitary sewer system exists. Should the density credit allow average lot size to fall below the minimum standard allowed by underlying zoning, the applicant shall use Planned Residential Development procedures for project review. The Planning Director shall not allow credit for density for the portions of the site occupied by wetlands. -34- H. Acting on the Application: 1. Special Use Permit Conditions: a. Sensitive Area Tracts: As a condition of any permit issued pursuant to this Chapter, the permit holder shall be required to create a separate sensitive area tract or tracts containing the areas determined to be wetland and /or wetland buffer in field investigations performed pursuant to Subsection 15.24.040C. Sensitive area tracts are legally created tracts containing wetlands and their buffers that shall remain unde- veloped in perpetuity. Sensitive area tracts are an integral part of the lot in which they are created; are not intended for sale, lease or transfer; and shall be included in the area of the parent lot for purposes of subdivision method and minimum lot size. i. Protection of Sensitive Area Tracts: The Planning Director shall require, as a condition of any permit issued pursuant to this Chapter, that the sensitive area tract or tracts created pursuant to Subsection 15.24.070H1 be protected by one of the following methods: (A) The permit holder shall convey an irrevocable offer to dedicate to the City of Port Angeles or other public or non - profit entity specified by the Planning Director, an easement for the protection of native vegetation within a wetland and /or its buffer; or (B) The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of all lots containing a sensitive area tract or tracts created as a condition of this permit. Such deed restriction(s) shall prohibit in perpetuity the development, alteration, or disturbance of vegetation within the sensitive area tract except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City of Port Angeles, and any other agency with jurisdiction over such activity. -35- b. The deed restriction shall also contain the following language: "Before beginning and during the course of any grading, building construction, or other development activity on a lot or development site subject to this deed restriction, the common boundary between the area subject to the deed restriction and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Port Angeles." c. Regardless of the legal method of protection chosen by the Planning Director, responsibility for maintaining sensitive area tracts shall be held by a homeowners association, adjacent lot owners, the permit applicant or designee, or other appropriate entity as approved by the Planning Director. d. The following note shall appear on the face of all plats, short plats, PRDs, or other approved site plans containing separate sensitive area tracts, and shall be recorded on the title of record for all affected lots: "NOTE: All lots adjoining separate sensitive area tracts identified as Native Vegetation Protection Easements or protected by deed restriction, are responsible for maintenance and protection of the tracts. Maintenance includes ensuring that no alterations occur within the separate tract and that all vegetation remains undisturbed for other than natural reasons, unless the express written authorization of the City of Port Angeles has been received." e. The common boundary between a separate sensitive area tract and the adjacent land must be permanently identified. metal signs follows: This identification shall include permanent wood or on treated or metal posts. Signs shall be worded as "Protection of this natural area is in your care. Alteration or disturbance is prohibited by law. Please call the Port Angeles Planning Department for more information." f. Sign locations and size specifications shall be approved by the Planning Director. The Planning Director shall require permanent fencing of the sensitive area tract or tracts when there is a substantial likelihood of the presence of domestic -36- grazing animals within the development proposal. The Planning Director shall also require as a permit condition that such fencing be provided if, subsequent to approval of the development proposal, domestic grazing animals are in fact introduced. g. Additional Conditions: i. The location of the outer extent of the wetland buffer and the areas to be disturbed pursuant to an approved permit shall be marked in the field, and such field marking shall be approved by the Planning Director prior to the commencement of permitted activities. Such field markings shall be maintained throughout the duration of the permit. ii. The Planning Director may attach such additional conditions to the granting of a special use permit as deemed necessary to assure the preservation and protection of affected wetlands and to assure compliance with the purposes and requirements of this Chapter. 2. Bonding: a. Performance Bonds: The Planning Director shall require the applicant of a development proposal to post a cash performance bond or other security acceptable to the Planning Director in an amount and with surety and conditions sufficient to fulfill the requirements of Subsection 15.24.070H6 and, in addi- tion, to secure compliance with other conditions and limitations set forth in the permit. The amount and the conditions of the bond shall be consistent with the purposes of this Chapter. In the event of a breach of any condition of any such bond, the City of Port Angeles may institute an action in a court of competent jurisdiction upon such bond and prosecute the same to judgment and execution. The Planning Director shall release the bond upon determining the following, provided that prior to such written release of the bond, the principal or surety cannot be terminated or canceled; i. All activities, including any required compensatory mitigation, have been completed in compliance with -37- the terms and conditions of the permit and the requirements of this Chapter; ii. The posting by the applicant of a maintenance bond has occurred. b. Maintenance Bonds: The Planning Director shall require the holder of a development permit issued pursuant to this Chapter to post a cash performance bond or other security acceptable to the Planning Director in an amount and with surety and conditions sufficient to guarantee that structures, improvements, and mitigation required by the permit or by this Chapter perform satisfactorily for a minimum of two (2) years after they have been completed. The Planning Director shall release the maintenance bond upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements, and /or compensatory mitigation have been satisfactorily met for the required period. For compensation projects, the performance standards shall be those contained in the mitigation plan developed and approved during the permit review process, pursuant to Subsection 15.24.070H7. The maintenance bond applicable to a compensation project shall not be released until the Planning Director determines that performance standards established for evaluating the effect and success of the project have been met. 3. Other Laws and Regulations: No permit granted pursuant to this Chapter shall remove an applicant's obligation to comply in all respects with the applicable provisions of any other Federal, State, or local law or regulation, including but not limited to the acquisition of any other required permit or approval. 4. Suspension or Revocation: In addition to other penalties provided for elsewhere, the Planning Director may suspend or revoke a permit if he /she finds that the applicant or permittee has not complied with any or all of the conditions or limitations set forth in the permit; has exceeded the scope of -38- work set forth in the permit; or has failed to undertake the project in the manner set forth in the approved application. 5. Publication of Notice: The Planning Director shall cause notice of his /her denial, issuance, conditional issuance, revocation, or suspension of a permit to be published in a daily newspaper having a broad circulation in the area wherein the wetland lies. Such notice shall be published within five (5) working days of the decision or order and shall include at least the following: a. A brief description of the project, including location; b. The decision or order of the City with respect to the project; c. Notification that the permit file is open for public inspection during regular business hours, and the address where such file may be inspected; and d. A statement of the procedures regarding appeal or judicial review of the decision, if applicable. 6. Compensating for Wetlands Impacts: As a condition of any permit allowing alteration of wetlands and /or wetland buffers, or as an enforcement action pursuant to Subsection 15.24.080C, the Planning Director shall require that the applicant engage in the restoration, creation, or enhancement of wetlands and their buffers in order to offset the impacts resulting from the applicant's or violator's actions. The applicant shall develop a plan which provides for land acquisition, construction, maintenance, and monitoring of replacement wetlands that recreate as nearly as possible the original wetlands in terms of acreage, function, geographic location and setting, and that are larger than the original wetlands. The overall goal of any compensatory project shall be no net loss of wetlands function and acreage and to strive for a new resource gain in wetlands over present conditions. Compensation shall be completed prior to wetland destruction, where possible. -39- Compensatory mitigation shall follow an approved mitigation plan pursuant to Subsection 15.24.070H7 and shall meet the following minimum performance standards: a. Given the uncertainties in scientific knowledge and the need for expertise and monitoring, wetland compensatory projects may be permitted only when the Planning Director finds that the compensation project is associated with an activity or development otherwise permitted and that the restored, created, or enhanced wetland will be as persistent as the wetland it replaces. Additionally, applicants shall: i. demonstrate sufficient scientific expertise, supervisory capability, and financial resources to carry out the project; ii. demonstrate the capability for monitoring the site and to make corrections during this period if the project fails to meet projected goals; and iii. protect and management or provide for the protection and management of the compensation area to avoid further development or degradation and to provide for long -term persistence of the compensation area. b. Wetlands Restoration and Creation: i. Any person who alters regulated wetlands shall restore or create equivalent areas or greater areas of wetlands than those altered in order to compensate for wetland losses. ii. Where feasible, restored or created wetlands shall be a higher category than the altered wetland. iii. Compensation areas shall be determined according to function, acreage, type, location, time factors, ability to be self- sustaining, and projected success. Wetland functions and values shall be calculated using the best profes- sional judgment of a qualified wetland ecologist using the best available techniques. Multiple compensation projects may be -40- proposed for one project in order to best achieve the goal of no net loss. iv. Acreage replacement ratio. The follow- ing ratios apply to creation or restoration which is in -kind, on- site, timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to remedial actions resulting from illegal alterations. The first number specifies the acreage of wetlands requiring replacement and the second specifies the acreage of wetlands altered. Category I 6:1 Category II or III Forested 3:1 Scrub -shrub 2:1 Emergent 1.5:1 Category IV 1.25:1 (A) Increased Replacement Ratio: The Planning Director may increase the ratios under the following circumstances: (1) uncertainty as to the probable success of the proposed restoration or creation; (2) significant period of time between destruction and replication of wetland functions; (3) projected losses in functional value; or (4) off -site compensation. (B) Decreased Replacement Ratio: The Planning Director may decrease these ratios based on findings of special studies coordinated with agencies with expertise which demonstrate that no net loss of wetland function or value is attained under the decreased ratio. (C) In all cases, a minimum acreage replacement ratio of 1:1 shall be required. c. Wetlands Enhancement: i. Any applicant proposing to alter wet- lands may propose to enhance existing significantly degraded wetlands in order to compensate for wetland losses. Applicants -41- proposing to enhance wetlands shall identify how enhancement conforms to the overall goals and requirements of the local wetlands protection program and established regional goals. ii. A wetlands enhancement compensation project shall be determined pursuant to Subsection 15.24.070H6, provided that enhancement for one function and value will not degrade another function or value and that acreage replacement ratios shall be doubled to recognize existing functional values and, provided further, that Category I wetlands shall not be enhanced. d. Wetland Type: i. In -Kind compensation shall be provided except where the applicant can demonstrate that: (A) the wetland system is already signi- ficantly degraded and out -of -kind replacement will result in a wetland with greater functional value; (B) scientific problems, such as exotic vegetation and changes in watershed hydrology make implementation of in -kind compensation impossible; or (C) out -of -kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types). (D) Where out -of -kind replacement is accepted, greater acreage replacement ratios may be required to compensate for lost functional values. e. Location: i. On -site compensation shall be provided except where the applicant can demonstrate that: (A) the hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the on -site loss; and (B) on -site compensation is not scien- tifically feasible due to problems with hydrology, soils, waves, -42- or other factors; or (C) compensation is not practical due to potentially adverse impact from surrounding land uses; or (D) existing functional values at the site of the proposed restoration are significantly greater than lost wetland functional values; or (E) that established regional goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify location of compensatory measures at another site. ii. Off -site compensation shall occur within the same watershed as the wetland loss occurred; provided that Category IV wetlands may be replaced outside of the watershed when there is no reasonable alternative. iii. In selecting compensation sites, appli- cants shall pursue siting in the following order of preference: (A) upland sites which were formerly wetlands; (B) idled upland sites generally having bare ground or vegetative cover consisting primarily of exotic introduced species, weeds, or emergent vegetation; (C) other disturbed upland. f. Timing: i. Where feasible, compensation projects shall be completed prior to activities that will disturb wetlands, and immediately after activities that will temporarily disturb wetlands. In all other cases, except for Category I wetlands, compensatory projects should be completed prior to use or occupancy of the activity or development which was conditioned upon such compensation. Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora. g. Cooperative Restoration, Creation, or Enhancement projects: -43- i. The Planning Director may encourage, facilitate, . and approve cooperative projects wherein a single applicant or other organization with demonstrated capability may undertake a compensation project with funding from other applicants under the following circumstances: (A) restoration, creation, or enhance- ment at a particular site may be scientifically difficult or impossible; or (B) creation of one or several larger wetlands may be preferable to many small wetlands. ii. Persons proposing cooperative compensa- tion projects shall: (A) submit a joint permit application; (B) demonstrate compliance with all standards; (C) demonstrate the organizational and fiscal capability to act cooperatively; and (D) demonstrate that long -term manage- ment can and will be provided. 7. Mitigation Plans: All wetland restoration, creation, and /or enhancement projects required pursuant to this Chapter, either as a permit condition or as the result of an enforcement action, shall follow a mitigation plan prepared by qualified wetland professionals approved by the Planning Director. The applicant or violator shall receive written approval of the mitigation plan by the Planning Director prior to commencement of any wetland restoration, creation, or enhancement activity. Unless the Planning Director, in consultation with qualified wetland professionals, determines, based on the size and nature of the development proposal, the nature of the impacted wetland, and the degree of cumulative impacts on the wetland from other development proposals, that the scope and specific requirements of the mitigation plan may be reduced from what is listed below, the mitigation plan shall contain at least the following components: -44- 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 -45- invasive flora or fauna; potential human or animal disturbance; and previous comparable projects, if any. c. Performance Standards: Specific criteria shall be provided for evaluating whether or not the goals and objectives of the project and for beginning remedial action or contingency measures. Such criteria may include water quality standards, survival rates of planted vegetation, species abundance and diversity targets, habitat diversity indices, or other ecological, geological, or hydrological criteria. d. Detailed Construction Plans: Written specifications and descriptions of compensation techniques shall be provided, including the proposed construction sequence; grading and excavation details; erosion and sediment control features needed for wetland construction and long -term survival; a planting plan specifying plant species, quantities, locations, size, spacing, and density; source of plant materials, propagules, or seeds; water and nutrient requirements for planting; where appropriate, measures to protect plants from predation; specification of substrate stockpiling techniques and planting instructions; descriptions of water control structures and water - level maintenance practices needed to achieve the necessary hydrocycle /hydroperiod characteristics; etc. These written specifications shall be accompanied by detailed site diagrams, scaled cross - sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. The plan shall provide for elevations which are appropriate for the desired habitat type(s) and which provide sufficient tidal prism and circulation data. e. Monitoring Program: A program outlining the approach for monitoring construction of the compensation project and for assessing a completed project shall be provided. Monitoring may include, but is not limited to: -46- i. establishing vegetation plots to track changes in plant species composition and density over time; ii. using photo stations to evaluate vegetation community response; iii. sampling surface and subsurface waters to determine pollutant loading, and changes from the natural variability of background conditions (pH, nutrients, heavy metals); iv. measuring base flow rates and storm water runoff to model and evaluate water quality predictions, if appropriate; v. measuring sedimentation rates, if applicable; and vi. sampling fish and wildlife populations to determine habitat utilization, species abundance, and diversity. A protocol shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the compensation project. A monitoring report shall be submitted annually, at a minimum, documenting milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years. f. Contingency Plan: Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. g. Permit Conditions: Any compensation project prepared pursuant to this section and approved by the Planning Director shall become part of the application for the permit. h. Performance Bonds and Demonstration of Competence: A demonstration of financial resources, administra- tive, supervisory, and technical competence and scientific -47- expertise of sufficient standard to successfully execute the compensation project shall be provided. A compensation project manager shall be named and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. In addition, bonds ensuring fulfillment of the compensation project, monitoring program, and any contingency measure shall be posted pursuant to Subsection 15.24.070H in the amount of one hundred twenty (120) percent of the expected cost of compensation. i. Regulatory authorities are encouraged to consult with and solicit comments of any Federal, State, regional, or local agency, including tribes, having any special expertise with respect to any environmental impact prior to approving a mitigation proposal which includes wetlands compensation. The compensation project proponents should provide sufficient information on plan design and implementation in order for such agencies to comment on the overall adequacy of the mitigation proposal. j. Compensatory mitigation is not required for regulated activities: i. For which a permit has been obtained that occur only in the buffer or expanded buffer and which have no adverse impacts to regulated wetlands; or ii. which are allowed pursuant to Subsection 15.24.050B, provided such activities utilize best management prac- tices to protect the functions and values of regulated wetlands. I. Appeals: Any decision of the Planning Director in the administration of this Chapter may be appealed in writing to the City Council within fifteen days of the issuance of notice of the decision. J. Modification of Wetland Permits: A Wetland Permit holder may request and the Planning Director may approve -48- modification of a previously issued Wetland Permit. K. Resubmittal of Denied Permit Applications: A Wetland Permit application which has been denied may be modified and resubmitted no earlier than one hundred eighty (180) days following action on the original application. A permit application shall be considered a resubmittal if the site proposed for development was the subject of a Wetland Permit application within the previous one hundred eighty (180) days. A new fee will be required for such resubmittal. 15.24.080 - Temporary Emergency Permit - Enforcement. A. Temporary Emergency Permit: Notwithstanding the provisions of this Chapter or any other laws to the contrary, the Planning Director may issue a temporary emergency wetlands permit if: 1. The Planning Director determines that an unaccept- able threat to life or severe loss of property will occur if an emergency permit is not granted; and 2. The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this Chapter and other applicable laws. B. Any emergency permit granted shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency situation, the standards and criteria required for non - emergency activities under this act and shall: 1. be limited in duration to the time required to complete the authorized emergency activity, not to exceed 90 days; and 2. require, within this 90 -day period, the restoration of any wetland altered as a result of the emergency activity; except that if more than the 90 days from the issuance of the emergency permit is required to complete restoration, the emergency permit may be extended to complete this restoration. Issuance of an emergency permit by the Planning Director does not preclude the necessity to obtain necessary approvals from -49- appropriate Federal and State authorities. Notice of the issuance of the emergency permit and request for public comments shall be published at least once a week on the same day of the week for two consecutive weeks in a newspaper having a general circulation in the City of Port Angeles, the City publication to be no later than 10 days after issuance of the emergency permit. The emergency permit may be terminated at any time without process upon a determination by the Planning Director that the action was not or is no longer necessary to protect human health or the environment. C. Enforcement: 1. General enforcement: The City of Port Angeles shall have authority to enforce this Chapter, any rule or regulation adopted, and any permit or order issued, pursuant to this Chapter, against any violation or threatened violation thereof. The City of Port Angeles is authorized to issue violation notices and administrative orders, levy fines, and /or institute legal actions in court. Recourse to any single remedy shall not preclude recourse to any of the other remedies. Each violation of this Chapter, or any rule or regulation adopted, or any permit, permit condition, or order issued pursuant to this Chapter, shall be a separate offense, and, in the case of a continuing violation, each day's continuance shall be deemed to be a separate and distinct offense. All costs, fees, and expenses in connection with enforcement actions may be recovered as damages against the violator. Enforcement actions shall include Civil Penalties, Administrative Orders and Actions for Damages and Restoration. 2. Injunctive relief: The City of Port Angeles may bring appropriate actions at law or equity, including actions for injunctive relief, to ensure that no uses are made of a regulated wetland or their buffers which are inconsistent with this Chapter or an applicable wetlands protection program. -50- 3. Cease and desist order: The City of Port Angeles may serve upon a person a cease and desist order if an activity being undertaken on regulated wetlands or its buffer is in violation of this Chapter or any permit issued to implement this Chapter. Whenever any person violates this Chapter or any permit issued to implement this Chapter, the City of Port Angeles may issue an order reasonably appropriate to cease such violation and to mitigate any environmental damage resulting therefrom. Content of Order: The order shall set forth and contain: (a) A description of the specific nature, extent, and time of violation and the damage or potential damages. (b) A notice that the violation or the potential violation cease and desist or, in appropriate cases, the specific correction action to be taken within a given time. A civil penalty may be issued with the order. (c) Effective date: The cease and desist order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed. (d) Compliance: Failure to comply with the terms of a cease and desist order can result in enforcement actions including, but not limited to, the issuance of a civil penalty. 4. Penalties: Any person who undertakes any activity within a regulated wetland or its buffer without first obtaining a permit required by this Chapter, except as allowed in Subsection 15.24.050B, or any person who violates one or more conditions of any permit required by this Chapter or of any order issued pursuant to this Section, shall incur a penalty allowed per violation. In the case of a continuing violation, each permit violation and each day of activity without a required permit shall be a separate and distinct violation. The penalty amount shall be set in consideration of the previous history of the violator and the severity of the environmental impact of the violation. The penalty provided in this subsection shall be appealable to the Superior Court of Clallam County. -51- 5. Aiding or abetting: Any person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have committed a violation for the purposes of the penalty. 6. Notice of penalty: Civil penalties imposed under this Section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the Department and /or the City of Port Angeles, or from both jointly. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, or, in appropriate cases, require necessary correction action within a specific time. 7. Application for remission or mitigation: Any person incurring a penalty may apply in writing within thirty days of receipt of the penalty to the Planning Director for remission or mitigation of such penalty. Upon receipt of the application, the City of Port Angeles may remit or mitigate the penalty upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. 8. Appeals: Orders and penalties issued pursuant to this subsection may be appealed as provided for in Subsection 15.24.070I. 9. Criminal penalties shall be imposed on any person who wilfully or negligently violates this Chapter or who knowingly makes a false statement, representation, or certification in any application, record or other document filed or required to be maintained under this Chapter; or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device, record or methodology required to be maintained pursuant to this Chapter or pursuant to a Wetland Permit. 15.24.090 - Non - Conforming Activities. A regulated activity which was approved prior to the passage of this Chapter -52- and to which significant economic resources have been committed pursuant to such approval, but which is not in conformity with the provisions of this Chapter, may be continued subject to the following: A. No such activity shall be expanded, changed, enlarged, or altered in any way that increases the extent of its non- conformity without a permit issued pursuant to the provisions of this Chapter; B. Except for cases of discontinuance as part of normal agricultural practices, if a non - conforming activity is discontinued for 12 consecutive months, any resumption of the activity shall conform to this Chapter; C. If a non - conforming use or activity is destroyed by human activities or an act of God, it shall not be resumed except in conformity with the provisions of this Chapter; D. Activities or adjuncts thereof which are or become public nuisances shall not be entitled to continue as non- conforming activities. 15.24.100 - Judicial Review. Any decision or order issued by the City of Port Angeles pursuant to this Chapter, including decisions concerning denial, approval, or conditional approval of a Wetland Permit, may be judicially reviewed in the Clallam County Superior Court, provided that: A. available administrative remedies, including appeals available pursuant to Subsection 15.24.060I, have been exhausted; and B. such litigation is commenced within fifteen (15) days after service of such order or issuance of notice of such decision, as the case may be. Based on these proceedings and consistent with any decision of the Court that is adverse to the City of Port Angeles, the City may elect to: 1. Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the -53- applicant's land; 2. Approve the permit application with lesser restrictions or conditions; or 3. Other appropriate actions ordered by the Court that fall within the jurisdiction of the City of Port Angeles. 15.24.110 - Amendments. These regulations and the maps used to identify wetland critical areas may from time to time be amended in accordance with the procedures and requirements in the general statutes and as new information concerning wetland location, soils, hydrology, flooding, or wetland plants and wildlife become available. 15.24.120 - Assessment Relief. The Assessor of Clallam County shall consider wetland regulations in determining the fair market value of land. Any owner of an undeveloped wetland who has dedicated an easement or entered into a perpetual conservation restriction with the City of Port Angeles or a non - profit organization to permanently control some or all regulated activities in the wetland shall have that portion of land assessed consistent with those restrictions. Such landowner shall also be exempted from special assessments on the controlled wetland to defray the cost of municipal improvements such as sanitary sewers, storm sewers, and water mains. Section 2 - Interim Status. This Ordinance is intended to be interim until the City adopts a new Comprehensive Plan and consistent development regulations, which may supersede this Ordinance. Section 3 - Severability. If any clause, sentence, paragraph, section, or part of this Chapter or the application thereof to any person or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such order or judgment shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate the remainder of any part thereof to any other person or circumstances and to this end the provisions of each clause, sentence, para- -54- graph, section, or part of this Chapter are hereby declared to be severable. Section 4 - Effective Date. This Ordinance shall take effect five (5) days following date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 19th day of November , 1991. ATTEST: Becky J. APPROV D AS TO FORM: Craig D nutson, City Attorney PUBLISHED: November 24, 1991 (By Summary) PS.1N.19B M A Y Summary of Ordinance Adopted by the Port Angeles City Council on November 19, 1991 Ordinance No. 2655 This Ordinance of the City of Port Angeles establishes interim criteria for designating and regulating wetlands and creates Chapter 15.24 of the Port Angeles Municipal Code. The ordinance is enacted pursuant to the require- ments of the Growth Management Act and as provided in the Guidelines promulgated by the Department of Community Development and the Model Wetlands Ordinance promulgated by the Department of Ecology. The ordinance is intended to supplement the environmentally sensitive areas protection ordinance. The ordinance is further intended to be interim until the City adopts a new Comprehensive Plan and consistent development regulations. The wetlands protection ordinance establishes performance -based standards for the designation of wetlands, designates certain activities to be regulated pursuant to the ordinance, establishes a wetland permit process for controlling development within wetlands, provides for a reasonable use determination process in the event that application of the standards would deny all reasonable economic use of private property, provides specific measures for minimizing and mitigating impacts to wetlands, provides for the option of limited density transfers as incentives for the preservation of wetlands, and allows for the continuance of nonconforming activities subject to certain specified conditions. Violations of this Ordinance are subject to civil and /or criminal sanctions. Criminal violations would be subject to prosecution as misdemeanors punishable by a fine of not more than $500 or by imprisonment not to exceed six months or by both such fine and imprisonment. The full text of the Ordinance is available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. This Ordinance will take effect five (5) days after publication of this summary. Becky J. Upton City Clerk Publish: November 24, 1991