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HomeMy WebLinkAbout2928ORDINANCE NO. 2928 AN ORDINANCE of the City of Port Angeles, Washington, modifying the permit processing provisions in the City's wetlands protection ordinance and amending Ordinance 2655 and Chapter 15.24 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2655 and Chapter 15.24 of the Port Angeles Municipal Code are hereby amended by amending PAMC 15.24.060 and PAMC 15.24.070 to read as follows: 15.24.060 - Procedures for Wetland Permits. A. Permit Requirements. Compliance. Except as specifically provided in Section 15.24.050B, no regulated activity shall occur or be permitted to occur within a regulated wetland_ or wetland buffer without a written permit from the Planning Director. Any alteration approved by such written permit shall comply fully with the requirements and purposes of this Chapter, other applicable regulations, and any terms or conditions of said permit. All activities which are not allowed or permitted shall be prohibited. B. Wetland Permits. Extensions. Application for a Wetland Permit to conduct any regulated activity not specifically authorized by Section 15.24.050B within a wetland or wetland buffer shall be made to the Planning Director on forms furnished by his/her office. Permits shall normally be valid for a period of three years from the date of issue and shall expire at the end of that time, unless a longer or shorter period is specified by the Planning Director upon issuance of the permit. An extension of an original permit may be granted upon written request to the Planning Director by the original permit holder or the successor in title. Prior to the granting of an extension, the Planning Director shall require updated studies and/or additional hearings if, in his/her judgment, the original intent of the permit is altered or enlarged by the renewal; if the circumstances relevant to the review and issuance of the original permit have changed substantially; or if the applicant failed to abide by the terms of the original permit. C. Permit Applications. 1. Request for determination of applicability: Any person seeking to determine whether a proposed activity or an area is subject to this Chapter may request in writing a determination from the Planning Director. Such a request for determination shall contain plans, data, and other information as may be specified by the Planning Director. 2. Pre - Permit Consultations: Any person intending to apply for a Wetland Permit is strongly encouraged, but not required, to meet with the Planning Director during the earliest possible stages of project planning in order to discuss wetland impact avoidance and minimization and to discuss compensation, before large commitments have been made to a particular project design. Effort put into pre - application consultations and planning will help applicants create projects which will be more quickly and easily processed. 3. Information Requirements: Unless the Planning Director waives one or more of the following information requirements, applications for a Wetland Permit under this Chapter shall include: a. A description and maps overlaid on an aerial photograph at a scale no smaller than 1 " =200', showing the entire parcel of land owned by the applicant and the exact boundary pursuant to Section 15.24.040C of the wetland on the parcel; - 1 - b. A description of the vegetative cover of the wetland and adjacent area, including dominant species; c. A site plan for the proposed activity overlaid on an aerial photograph at a scale no smaller than 1 " =200', showing the location, width, depth, and length of all existing and proposed structures, roads, sewage disposal and treatment, and installations within the wetland and its buffer; d. The exact sites and specifications for all regulated activities, including the amounts and methods; e. Elevations of the site and adjacent lands within the wetland and its buffer at contour intervals of no greater than 5 feet; f. Top view and typical cross - section views of the wetland and its buffer to scale; g. The purposes of the project and an explanation why the proposed activity cannot be located at other sites, including an explanation of how the proposed activity is dependent upon wetlands or water - related resources as described in Section 15.24.070D of this Chapter; and h. Specific means to mitigate any potential adverse environmental impacts of the applicant's proposal. The Planning Director may require additional information, including but not limited to, an assessment of wetland functional characteristics, including a discussion of the methodology used; documentation of the ecological, aesthetic, economic, or other values of the wetland; a study of flood, erosion, or other hazards at the site and the effect of any protective measures that might be taken to reduce such hazards; and any other information deemed necessary to verify compliance with the provisions of this Chapter or to evaluate the proposed use in terms of the purposes of this Chapter. The Planning Director shall maintain and make available to the public, all information applicable to any wetland and its buffer. 4. Filing Fees: At the time of an application or request for delineation, the applicant shall pay a filing fee as determined by the Planning Director. Sufficient fees shall be charged to the applicant to cover the costs of evaluation of the application or request for delineation. These fees may be used by the Planning Director to retain expert consultants to provide services pertaining to wetland boundary determinations, functional assessments, and evaluation of mitigation measures. As deemed necessary by the Planning Director, the Planning Director may assess additional reasonable fees as needed to monitor and evaluate permit compliance and mitigation measures. 5. Notification: Upon receipt of the completed permit application, the Planning Director shall notify the individuals and agencies, including Federal and State agencies, having jurisdiction over or an interest in the matter, to provide such individuals and agencies an opportunity to comment. The Planning Director shall establish a mailing list of all interested persons and agencies who wish to be notified of such application. 6. Notice on Title: a. The owner of any property with field verified presence of wetland or wetland buffer pursuant to Subsection 15.24.040C, on which a development proposal is submitted shall file for record with the Clallam County Auditor a notice approved by the Planning Director in a form substantially as set forth in Subsection b. below. Such notice shall provide notice in the public record of the presence of a wetland or wetland buffer, the application of this Chapter to the property, and that limitations on actions in or affecting such wetlands and their buffers may exist. The applicant shall submit proof that the notice has been filed for record before the City of Port Angeles shall approve any development proposal for such site. The notice shall run with the land and failure to provide such notice to any purchaser prior to transferring any interest in the property shall be in violation of this Chapter. b. Form of Notice: WETLAND AND /OR WETLAND BUFFER NOTICE Legal Description: Present Owner: NOTICE: This property contains wetlands or their buffers as defined by City of Port Angeles Ordinance. The property was the subject of a development proposal for (type of permit) application # filed on (date) . Restrictions on use or alteration of the wetlands or their buffers may exist due to natural conditions of the property and resulting regulations. Review of such application has provided information on the location of wetlands or wetland buffers and restrictions on their use through setback areas. A copy of the plan showing such setback areas is attached hereto. STATE OF WASHINGTON ) SS: COUNTY OF CLALLAM (Signature of owner) On this day personally appeared before me to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein stated. 19 Given under my hand and official seal this day of NOTARY PUBLIC in and for the State of Washington, residing at D. Permit Processing. 1. Consolidation: The Planning Director shall, to the extent practicable and feasible, consolidate the processing of wetlands- related aspects of other City of Port Angeles regulatory programs which affect activities in wetlands, such as subdivision, clearing and grading, floodplain, and environmentally sensitive areas, with the Wetland Permit process established herein so as to provide a timely and coordinated permit process. 2. Completeness of Application: No later than 4-628 working days after receipt of the permit application, the Planning Director shall notify the applicant as to the completeness of the application. An application shall not be deemed complete until and unless all information necessary to evaluate the proposed activity, its impacts, and its compliance with the provisions of this Chapter have been provided to the satisfaction of the Planning Director. Such determination of completeness shall not be construed as an approval or denial of the permit application. application, unless thc Planning Dircctor finds that the activity is so minor as to not adversely affect a wetland or wetland buffer. The Planning Director shall, at least fifteen (15) days prior to a. a notice of the hearing has been published at least oncc a wcck in thc City of Port Angeles; b. notice has been given to the latest recorded real property owners - 3 - - c. notice has been postcd at thc proposed site of activity and at The notices shall include a bricf dcscription of thc projcct, - • .,. • • • •1 .- ; -;- • All hcarings shall be open to thc public. A rccord of thc hcarings ., -, : ., • 43. Permit Action: a. Upon receipt of a complete application for a permit authorizing activities on a Category I wetland or its buffer, the City of Port Angeles shall submit the application to the Washington State Department of Ecology for its review and comment. When such permits applications are submitted, the Washington State Department of Ecology should submit its comments or should request an extension of the review period within 30 days. Extensions may be up to 30 days in length. When submitted, no permit shall be issued under this Subsection prior to receipt of such comments or the expiration of the time period or any extension. b. The Planning Director shall approve, approve with conditions, or deny a permit application is insufficient information or timc to process thc application, a denial will be issuc.based on compliance with the standards and requirements of this Chapter. The Planning Director's decision shall include written findings. 15.24.070 - Standards for Permit Decisions. A. A permit shall only be granted if the permit, as conditioned, is consistent with the provisions of this Chapter. Additionally, permits shall only be granted if: 1. A proposed action avoids adverse impacts to regulated wetlands or their buffers or takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; 2. The proposed activity results in no net loss; or 3. Denial of a permit would cause an extraordinary hardship on the applicant. B. Wetlands permits shall not be effective and no activity thereunder shall be allowed during the time provided to file a permit appeal. C. Wetland Buffers: 1. Standard Buffer Zone Widths: Wetland buffer zones shall be required for all regulated activities adjacent to regulated wetlands. Any wetland created, restored, or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field, pursuant to the applicable definitions in 15.24.020. The width of the wetland buffer zone shall be determined according to wetland category and the intensity of the proposed land use, as follows: a. Category I High intensity 300 feet Low intensity 200 feet b. Category II High intensity 200 feet Low intensity 100 feet c. Category III High intensity 100 feet Low intensity 50 feet d. Category IV High intensity 50 feet Low intensity 25 feet 2. Increased Wetland Buffers Zone Width: The Planning Director shall require increased standard buffer zone widths on a case -by -case basis when a larger buffer is necessary to protect wetlands functions and values, based on local conditions. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the regulated wetland. Such determination shall be attached as a permit condition and shall demonstrate that: a. a larger buffer is necessary to maintain viable populations of existing species; or b. the wetland is used by species proposed or listed by the Federal Government or the State as endangered, threatened, rare, monitor, or sensitive, critical or outstanding potential habitat for those species, or has unusual nesting or resting sites, such as heron rookeries or raptor nesting trees; or c. the adjacent land is susceptible to severe erosion, and erosion control measures will not effectively prevent adverse wetland impacts; or d. the adjacent land has minimal vegetative cover or slopes greater than 15 percent. 3. Reduction of Standard Wetland Buffer Zone Width: The Planning Director may reduce the standard wetland buffer zone widths on a case -by -case basis where it can be demonstrated that: a. the adjacent land is extensively vegetated and has less than 15 percent slopes and that no direct or indirect, short-term or long -term, adverse impacts to regulated wetlands, as determined by the Planning Director, will result from a regulated activity. The Planning Director may require long -term monitoring of the project and subsequent corrective actions if adverse impacts to regulated wetlands are discovered; or b. the project includes a buffer enhancement plan using native vegetation which substantiates that an enhanced buffer will improve the functional attributes of the buffer to provide additional protection for wetlands functions and values. An enhanced buffer shall not result in greater than a 25 percent reduction in the buffer width, and the reduced buffer shall not be less than 25 feet. 4. Standard Wetland Buffer Width Averaging: Standard wetland buffer zones may be modified by averaging buffer widths. Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following: a. that averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property; b. that the wetland contains variations in sensitivity due to existing physical characteristics; c. that low intensity land uses would be located adjacent to areas where buffer width is reduced, and that such low intensity land uses are guaranteed in perpetuity by covenant, deed restriction, easement, or other legally binding mechanism; d. that width averaging will not adversely impact the wetland functional values; and e. that the total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance shall the buffer width be reduced by more than 50 percent of the standard buffer or be less than 25 feet. 5. Except as otherwise specified, wetland buffer zones shall be retained in their natural condition. Where buffer disturbance has occurred during construction, revegetation with native vegetation may be required. 6. Permitted Uses in a Wetland Buffer Zone: Regulated activities shall not be allowed in a buffer zone except for the following: a. activities having minimal adverse impacts on buffers and no - 5 - adverse impacts on regulated wetlands. These may include low intensity, passive recreational activities such as pervious trails, nonpermanent wildlife watching blinds, short-term scientific or educational activities, and sports fishing or hunting; b. with respect to Category II and IV wetlands, stormwater management facilities having no reasonable alternative on -site location; or c. with respect to Category III and IV wetlands, development having no feasible alternative location. 7. Building Setback Lines: A building setback line of 15 feet is required from the edge of any wetland buffer. Minor structural intrusions into the area of the building setback may be allowed if the Planning Director determines that such intrusions will not negatively impact the wetland. The setback shall be identified on a site plan which is filed as an attachment to the notice on title required by Subsection 15.24.06006. D. Avoiding Wetland Impacts: 1. Regulated activities shall not be authorized in a regulated wetland except where it can be demonstrated that the impact is both unavoidable and necessary or that all reasonable economic uses are denied. 2. With respect to Category I wetlands, an applicant must demonstrate that denial of the permit would impose an extraordinary hardship on the part of the applicant brought about by circumstances peculiar to the subject property. 3. With respect to Category II and III wetlands, the following provisions shall apply: a. For water - dependent activities, unavoidable and necessary impacts can be demonstrated where there are no practicable alternatives which would not involve a wetland or which would not have less adverse impact on a wetland, and would not have other significant adverse environmental consequences. b. Where nonwater- dependent activities are proposed, it shall be presumed that adverse impacts are avoidable. This presumption may be rebutted upon a demonstration that: i. the basic project purpose cannot reasonably be accomplished utilizing one or more other sites in the general region that would avoid, or result in less, adverse impact on a regulated wetland; and ii. a reduction in the size, scope, configuration, or density of the project as proposed and all alternative designs of the project as proposed that would avoid, or result in less, adverse impact on a regulated wetland or its buffer will not accomplish the basic purpose of the project; and iii. in cases where the applicant has rejected alternatives to the project as proposed due to constraints such as zoning, deficiencies of infrastructure, or parcel size, the applicant has made reasonable attempts to remove or accommodate such constraints. 4. With respect to Category IV wetlands, unavoidable and necessary impacts can be demonstrated where the proposed activity is the only reasonable alternative which will accomplish the applicant's objectives. E. Reasonable Use Exception: 1. If an applicant for a development proposal demonstrates to the satisfaction of the Planning Director that application of these standards would deny all reasonable economic use of the property, development as conditioned may be allowed if the applicant also demonstrates all of the following to the satisfaction of the Planning Director: a. that the proposed project is water - dependent or requires access to the wetland as a central element of its basic function, or is not water - dependent but has no practicable alternative, pursuant to Subsection 15.24.070D; b. that no reasonable use with less impact on the wetland and its buffer is possible (e.g., agriculture, aquaculture, transfer or sale of development rights or credits, sale of open space easements, etc.); c. that there is no feasible on -site alternative to the proposed activities, including reduction in density, phasing of project implementation, change in timing of activities, revision of road and lot layout, and /or related site planning considerations, that would - 6 - allow a reasonable economic use with less adverse impacts to wetlands and wetland buffers; d. that the proposed activities will result in minimum feasible alteration or impairment to the wetland's functional characteristics and its existing contours, vegetation, fish and wildlife resources, and hydrological conditions; e. that disturbance of wetlands has been minimized by locating any necessary alteration in wetland buffers to the extent possible; f. that the proposed activities will not jeopardize the continued existence of endangered, threatened, rare, sensitive, or monitor species as listed by the Federal government or the State of Washington; g. that the proposed activities will not cause significant degradation of groundwater or surface water quality; h. that the proposed activities comply with all State, local, and Federal laws, including those related to sediment control, pollution control, floodplain restrictions, and on -site wastewater disposal; i. that any and all alterations to wetlands and wetland buffers will be mitigated as provided in Subsection 15.24.070H7; J. that there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and k. that the inability to derive reasonable economic use of the property is not the result of actions by the applicant in segregating or dividing the property and creating the undevelopable condition after the effective date of this Chapter. 2. If the Planning Director determines that alteration of a wetland and/or wetland buffer is necessary and unavoidable, the Planning Director shall set forth in writing in the file he maintains regarding a permit application his findings with respect to each of the items listed in this Subsection. 3. Alternatively, if the Planning Director determines that application of these standards would deny all reasonable economic use of the property, the City may take the property for public use with just compensation being made. F. Minimizing Wetlands Impacts: 1. After it has been determined by the Planning Director pursuant to Subsection 15.24.070D that losses of wetland are necessary and unavoidable or that all reasonable economic use has been denied, the applicant shall take deliberate measures to minimize wetland impacts. 2. Minimizing impacts to wetlands shall include but is not limited to: a. limiting the degree or magnitude of the regulated activity; b. limiting the implementation of the regulated activity; c. using appropriate and best available technology; d. taking affirmative steps to avoid or reduce impacts; e. sensitive site design and siting of facilities and construction staging areas away from regulated wetlands and their buffers; f. involving resource agencies early in site planning; and g. providing protective measures, such as siltation curtains, hay bales, and other siltation prevention measures; scheduling the regulated activity to avoid interference with wildlife and fisheries rearing, resting, nesting, or spawning activities. G. Limited Density Transfer: For development proposals on lands containing wetland buffers, the Planning Director shall determine allowable dwelling units for residential development proposals based on the formulas below. The following formula for density calculations is designed to provide incentives for the preservation of wetlands and wetland buffers, flexibility in design, and consistent treatment of different types of development proposals. The formula shall apply to all properties within existing residential zones on which wetlands and wetland buffers are located. The maximum number of dwelling units (DU) for a lot or parcel which contains wetlands and wetland buffers shall be equal to: (Acres in Wetland Buffer)(DU /Acre)(Density Credit). The density credit figure is derived from the following table: Percentage of site in buffers Density Credit 1 -10% 100% 11 -20% 90% 21 -30% 80% 31 -40% 70% 41 -50% 60% 51 -60% 50% 61 -70% 40% 71 -80% 30% 81 -90% 20% 91 -99% 10% The density credit can only be transferred within the development proposal site. To the extent that application of the formula may result in lot sizes less than the minimum allowed by the underlying district, they are hereby authorized, provided that the resultant lot is of sufficient size for an on -site waste disposal system if no sanitary sewer system exists. Should the density credit allow average lot size to fall below the minimum standard allowed by underlying zoning, the applicant shall use Planned Residential Development procedures for project review. The Planning Director shall not allow credit for density for the portions of the site occupied by wetlands. H. Acting on the Application: 1. Special Use Permit Conditions: a. Sensitive Area Tracts: As a condition of any permit issued pursuant to this Chapter, the permit holder shall be required to create a separate sensitive area tract or tracts containing the areas determined to be wetland and/or wetland buffer in field investigations performed pursuant to Subsection 15.24.040C. Sensitive area tracts are legally created tracts containing wetlands and their buffers that shall remain undeveloped in perpetuity. Sensitive area tracts are an integral part of the lot in which they are created; are not intended for sale, lease or transfer; and shall be included in the area of the parent lot for purposes of subdivision method and minimum lot size. i. Protection of Sensitive Area Tracts: The Planning Director shall require, as a condition of any permit issued pursuant to this Chapter, that the sensitive area tract or tracts created pursuant to Subsection 15.24.070111 be protected by one of the following methods: (A) The permit holder shall convey an irrevocable offer to dedicate to the City of Port Angeles or other public or non - profit entity specified by the Planning Director, an easement for the protection of native vegetation within a wetland and/or its buffer; or (B) The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of all lots containing a sensitive area tract or tracts created as a condition of this permit. Such deed restriction(s) shall prohibit in perpetuity the development, alteration, or disturbance of vegetation within the sensitive area tract except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City of Port Angeles, and any other agency with jurisdiction over such activity. b. The deed restriction shall also contain the following language: "Before beginning and during the course of any grading, building construction, or other development activity on a lot or development site subject to this deed restriction, the common boundary between the area subject to the deed restriction and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Port Angeles." c. Regardless of the legal method of protection chosen by the Planning Director, responsibility for maintaining sensitive area tracts shall be held by a homeowners association, adjacent lot owners, the permit applicant or designee, or other appropriate entity as approved by the Planning Director. - 8 - d. The following note shall appear on the face of all plats, short plats, PRDs, or other approved site plans containing separate sensitive area tracts, and shall be recorded on the title of record for all affected lots: "NOTE: All lots adjoining separate sensitive area tracts identified as Native Vegetation Protection Easements or protected by deed restriction, are responsible for maintenance and protection of the tracts. Maintenance includes ensuring that no alterations occur within the separate tract and that all vegetation remains undisturbed for other than natural reasons, unless the express written authorization of the City of Port Angeles has been received." e. The common boundary between a separate sensitive area tract and the adjacent land must be permanently identified. This identification shall include permanent wood or metal signs on treated or metal posts. Signs shall be worded as follows: "Protection of this natural area is in your care. Alteration or disturbance is prohibited by law. Please call the Port Angeles Planning Department for more information." f. Sign locations and size specifications shall be approved by the Planning Director. The Planning Director shall require permanent fencing of the sensitive area tract or tracts when there is a substantial likelihood of the presence of domestic grazing animals within the development proposal. The Planning Director shall also require as a permit condition that such fencing be provided if, subsequent to approval of the development proposal, domestic grazing animals are in fact introduced. g. Additional Conditions: i. The location of the outer extent of the wetland buffer and the areas to be disturbed pursuant to an approved permit shall be marked in the field, and such field marking shall be approved by the Planning Director prior to the commencement of permitted activities. Such field markings shall be maintained throughout the duration of the permit. ii. The Planning Director may attach such additional conditions to the granting of a special use permit as deemed necessary to assure the preservation and protection of affected wetlands and to assure compliance with the purposes and requirements of this Chapter. 2. Bonding: a. Performance Bonds: The Planning Director shall require the applicant of a development proposal to post a cash performance bond or other security acceptable to the Planning Director in an amount and with surety and conditions sufficient to fulfill the requirements of Subsection 15.24.070H6 and, in addition, to secure compliance with other conditions and limitations set forth in the permit. The amount and the conditions of the bond shall be consistent with the purposes of this Chapter. In the event of a breach of any condition of any such bond, the City of Port Angeles may institute an action in a court of competent jurisdiction upon such bond and prosecute the same to judgment and execution. The Planning Director shall release the bond upon determining the following, provided that prior to such written release of the bond, the principal or surety cannot be terminated or canceled; i. All activities, including any required compensatory mitigation, have been completed in compliance with the terms and conditions of the permit and the requirements of this Chapter; ii. The posting by the applicant of a maintenance bond has occurred. b. Maintenance Bonds: The Planning Director shall require the holder of a development permit issued pursuant to this Chapter to post a cash performance bond or other security acceptable to the Planning Director in an amount and with surety and conditions sufficient to guarantee that structures, improvements, and mitigation required by the permit or by this Chapter perform satisfactorily for a minimum of two (2) years after they have been completed. The Planning Director shall release the maintenance bond upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements, and /or compensatory mitigation have been satisfactorily met for the required period. For compensation projects, the performance standards shall be those contained in the mitigation plan developed and approved during the permit review process, pursuant to Subsection 15.24.070H7. - 9 - The maintenance bond applicable to a compensation project shall not be released until the Planning Director determines that performance standards established for evaluating the effect and success of the project have been met. 3. Other Laws and Regulations: No permit granted pursuant to this Chapter shall remove an applicant's obligation to comply in all respects with the applicable provisions of any other Federal, State, or local law or regulation, including but not limited to the acquisition of any other required permit or approval. 4. Suspension or Revocation: In addition to other penalties provided for elsewhere, the Planning Director may suspend or revoke a permit if he /she finds that the applicant or permittee has not complied with any or all of the conditions or limitations set forth in the permit; has exceeded the scope of work set forth in the permit; or has failed to undertake the project in the manner set forth in the approved application. 5. Publication of Notice: The Planning Director shall cause notice of his/her denial, issuance, conditional issuance, revocation, or suspension of a permit to be published in a daily newspaper having a broad circulation in the area wherein the wetland lies. Such notice shall be published within five (5) working days of the decision or order and shall include at least the following: a. A brief description of the project, including location; b. The decision or order of the City with respect to the project; c. Notification that the permit file is open for public inspection during regular business hours, and the address where such file may be inspected; and d. A statement of the procedures regarding appeal or judicial review of the decision, if applicable. 6. Compensating for Wetlands Impacts: As a condition of any permit allowing alteration of wetlands and/or wetland buffers, or as an enforcement action pursuant to Subsection 15.24.080C, the Planning Director shall require that the applicant engage in the restoration, creation, or enhancement of wetlands and their buffers in order to offset the impacts resulting from the applicant's or violator's actions. The applicant shall develop a plan which provides for land acquisition, construction, maintenance, and monitoring of replacement wetlands that recreate as nearly as possible the original wetlands in terms of acreage, function, geographic location and setting, and that are larger than the original wetlands. The overall goal of any compensatory project shall be no net loss of wetlands function and acreage and to strive for a new resource gain in wetlands over present conditions. Compensation shall be completed prior to wetland destruction, where possible. Compensatory mitigation shall follow an approved mitigation plan pursuant to Subsection 15.24.070H7 and shall meet the following minimum performance standards: a. Given the uncertainties in scientific knowledge and the need for expertise and monitoring, wetland compensatory projects may be permitted only when the Planning Director finds that the compensation project is associated with an activity or development otherwise permitted and that the restored, created, or enhanced wetland will be as persistent as the wetland it replaces. Additionally, applicants shall: i. demonstrate sufficient scientific expertise, supervisory capability, and financial resources to carry out the project; ii. demonstrate the capability for monitoring the site and to make corrections during this period if the project fails to meet projected goals; and iii. protect and management or provide for the protection and management of the compensation area to avoid further development or degradation and to provide for long -term persistence of the compensation area. b. Wetlands Restoration and Creation: i. Any person who alters regulated wetlands shall restore or create equivalent areas or greater areas of wetlands than those altered in order to compensate for wetland losses. ii. Where feasible, restored or created wetlands shall be a higher category than the altered wetland. iii. Compensation areas shall be determined according to - 10 - function, acreage, type, location, time factors, ability to be self - sustaining, and projected success. Wetland functions and values shall be calculated using the best professional judgment of a qualified wetland ecologist using the best available techniques. Multiple compensation projects may be proposed for one project in order to best achieve the goal of no net loss. iv. Acreage replacement ratio. The following ratios apply to creation or restoration which is in -kind, on -site, timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to remedial actions resulting from illegal alterations. The first number specifies the acreage of wetlands requiring replacement and the second specifies the acreage of wetlands altered. Category I 6:1 Category II or III Forested 3:1 Scrub -shrub 2:1 Emergent 1.5:1 Category IV 1.25:1 (A) Increased Replacement Ratio: The Planning Director may increase the ratios under the following circumstances: (1) uncertainty as to the probable success of the proposed restoration or creation; (2) significant period of time between destruction and replication of wetland functions; (3) projected losses in functional value; or (4) off -site compensation. (B) Decreased Replacement Ratio: The Planning Director may decrease these ratios based on findings of special studies coordinated with agencies with expertise which demonstrate that no net loss of wetland function or value is attained under the decreased ratio. (C) In all cases, a minimum acreage replacement ratio of 1:1 shall be required. c. Wetlands Enhancement: i. Any applicant proposing to alter wetlands may propose to enhance existing significantly degraded wetlands in order to compensate for wetland losses. Applicants proposing to enhance wetlands shall identify how enhancement conforms to the overall goals and requirements of the local wetlands protection program and established regional goals. ii. A wetlands enhancement compensation project shall be determined pursuant to Subsection 15.24.070H6, provided that enhancement for one function and value will not degrade another function or value and that acreage replacement ratios shall be doubled to recognize existing functional values and, provided further, that Category I wetlands shall not be enhanced. d. Wetland Type: i. In -Kind compensation shall be provided except where the applicant can demonstrate that: (A) the wetland system is already significantly degraded and out -of -kind replacement will result in a wetland with greater functional value; (B) scientific problems, such as exotic vegetation and changes in watershed hydrology make implementation of in -kind compensation impossible; or (C) out -of -kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types). (D) Where out -of -kind replacement is accepted, greater acreage replacement ratios may be required to compensate for lost functional values. e. Location: i. On -site compensation shall be provided except where the applicant can demonstrate that: (A) the hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the on -site loss; and (B) on -site compensation is not scientifically feasible due to problems with hydrology, soils, waves, or other factors; or (C) compensation is not practical due to potentially adverse impact from surrounding land uses; or (D) existing functional values at the site of the proposed restoration are significantly greater than lost wetland functional values; or (E) that established regional goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify location of compensatory measures at another site. ii. Off -site compensation shall occur within the same watershed as the wetland loss occurred; provided that Category IV wetlands may be replaced outside of the watershed when there is no reasonable alternative. iii. In selecting compensation sites, applicants shall pursue siting in the following order of preference: (A) upland sites which were formerly wetlands; (B) idled upland sites generally having bare ground or vegetative cover consisting primarily of exotic introduced species, weeds, or emergent vegetation; (C) other disturbed upland. f. Timing: i. Where feasible, compensation projects shall be completed prior to activities that will disturb wetlands, and immediately after activities that will temporarily disturb wetlands. In all other cases, except for Category I wetlands, compensatory projects should be completed prior to use or occupancy of the activity or development which was conditioned upon such compensation. Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora. g. Cooperative Restoration, Creation, or Enhancement projects: i. The Planning Director may encourage, facilitate, and approve cooperative projects wherein a single applicant or other organization with demonstrated capability may undertake a compensation project with funding from other applicants under the following circumstances: (A) restoration, creation, or enhancement at a particular site may be scientifically difficult or impossible; or (B) creation of one or several larger wetlands may be preferable to many small wetlands. ii. Persons proposing cooperative compensation projects shall: (A) submit a joint permit application; (B) demonstrate compliance with all standards; (C) demonstrate the organizational and fiscal capability to act cooperatively; and (D) demonstrate that long -term management can and will be provided. 7. Mitigation Plans: All wetland restoration, creation, and/or enhancement projects required pursuant to this Chapter, either as a permit condition or as the result of an enforcement action, shall follow a mitigation plan prepared by qualified wetland professionals approved by the Planning Director. The applicant or violator shall receive written approval of the mitigation plan by the Planning Director prior to commencement of any wetland restoration, creation, or enhancement activity. Unless the Planning Director, in consultation with qualified wetland professionals, determines, based on the size and nature of the development proposal, the nature of the impacted wetland, and the degree of cumulative impacts on the wetland from other development proposals, that the scope and specific requirements of the mitigation plan may be reduced from what is listed below, the mitigation plan shall contain at least the following components: - 12 - a. Baseline Information: A written assessment and accompanying maps of the: i. impacted wetland including, at a minimum, wetland delineation; existing wetland acreage; vegetative, faunal, and hydrologic characteristics; soil and substrate conditions; topographic elevations; and ii. compensation site, if different from the impacted wetland site, including, at a minimum, existing acreage; vegetative, faunal, and hydrologic conditions; relationship within watershed and to existing waterbodies; soil and substrate conditions; topographic elevations; existing and proposed adjacent site conditions; buffers; and ownership. b. Environmental Goals and Objectives: A written report shall be provided identifying goals and objectives and describing: i. The purposes of the compensation measures, including a description of site selection criteria; identification of compensation goals; identification of target evaluation species and resource functions; dates for beginning and completion; and a complete description of the structure and functional relationships sought in the new wetland. The goals and objectives shall be related to the functions and values of the original wetland, or if out -of -kind, the type of wetland to be emulated. ii. A review of the available literature and/or experience to date in restoring or creating the type of wetland proposed shall be provided. An analysis of the likelihood of success of the compensation project at duplicating the original wetland shall be provided based on the experiences of comparable projects, if any. An analysis of the likelihood of persistence of the created or restored wetland shall be provided based on such factors as surface and ground water supply and flow patterns; dynamics of the wetland ecosystem; sediment or pollutant influx and/or erosion, periodic flooding and drought, etc.; presence of invasive flora or fauna; potential human or animal disturbance; and previous comparable projects, if any. c. Performance Standards: Specific criteria shall be provided for evaluating whether or not the goals and objectives of the project and for beginning remedial action or contingency measures. Such criteria may include water quality standards, survival rates of planted vegetation, species abundance and diversity targets, habitat diversity indices, or other ecological, geological, or hydrological criteria. d. Detailed Construction Plans: Written specifications and descriptions of compensation techniques shall be provided, including the proposed construction sequence; grading and excavation details; erosion and sediment control features needed for wetland construction and long -term survival; a planting plan specifying plant species, quantities, locations, size, spacing, and density; source of plant materials, propagules, or seeds; water and nutrient requirements for planting; where appropriate, measures to protect plants from predation; specification of substrate stockpiling techniques and planting instructions; descriptions of water control structures and water -level maintenance practices needed to achieve the necessary hydrocycle/hydroperiod characteristics; etc. These written specifications shall be accompanied by detailed site diagrams, scaled cross - sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. The plan shall provide for elevations which are appropriate for the desired habitat type(s) and which provide sufficient tidal prism and circulation data. e. Monitoring Program: A program outlining the approach for monitoring construction of the compensation project and for assessing a completed project shall be provided. Monitoring may include, but is not limited to: i. establishing vegetation plots to track changes in plant species composition and density over time; ii. using photo stations to evaluate vegetation community response; iii. sampling surface and subsurface waters to determine pollutant loading, and changes from the natural variability of background conditions (pH, nutrients, heavy metals); iv. measuring base flow rates and storm water runoff to model and evaluate water quality predictions, if appropriate; v. measuring sedimentation rates, if applicable; and - 13 - vi. sampling fish and wildlife populations to determine habitat utilization, species abundance, and diversity. A protocol shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the compensation project. A monitoring report shall be submitted annually, at a minimum, documenting milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years. f. Contingency Plan: Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. g. Permit Conditions: Any compensation project prepared pursuant to this section and approved by the Planning Director shall become part of the application for the permit. h. Performance Bonds and Demonstration of Competence: A demonstration of financial resources, administrative, supervisory, and technical competence and scientific expertise of sufficient standard to successfully execute the compensation project shall be provided. A compensation project manager shall be named and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. In addition, bonds ensuring fulfillment of the compensation project, monitoring program, and any contingency measure shall be posted pursuant to Subsection 15.24.070H in the amount of one hundred twenty (120) percent of the expected cost of compensation. i. Regulatory authorities are encouraged to consult with and solicit comments of any Federal, State, regional, or local agency, including tribes, having any special expertise with respect to any environmental impact prior to approving a mitigation proposal which includes wetlands compensation. The compensation project proponents should provide sufficient information on plan design and implementation in order for such agencies to comment on the overall adequacy of the mitigation proposal. j. Compensatory mitigation is not required for regulated activities: i. For which a permit has been obtained that occur only in the buffer or expanded buffer and which have no adverse impacts to regulated wetlands; or ii. which are allowed pursuant to Subsection 15.24.050B, provided such activities utilize best management practices to protect the functions and values of regulated wetlands. I. Appeals: Any decision of the Planning Director in the administration of this Chapter may be appealed in writing to the City Council within ftfteenfourteen days of the issuance of notice of the decision. The time period for considering the appeal shall not exceed ninety days. J. Modification of Wetland Permits: A Wetland Permit holder may request and the Planning Director may approve modification of a previously issued Wetland Permit. K. Resubmittal of Denied Permit Applications: A Wetland Permit application which has been denied may be modified and resubmitted no earlier than one hundred eighty (180) days following action on the original application. A permit application shall be considered a resubmittal if the site proposed for development was the subject of a Wetland Permit application within the previous one hundred eighty (180) days. A new fee will be required for such resubmittal. Section 2 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. - 14 - Section 3 - Effective Date. This Ordinance shall take effect five days after the date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 3rd day of Sept.:_, 1996. ATTEST: Becky J. ,� ..4%-t-�c,t ton ity Cleislc APPROVED AS TO FORM: Craig D. Knutson, City Attorney PUBLISHED: September 8. 1996 (By Summary) 96.20 - 15 - Summaries of Ordinances Adopted by the Port Angeles City Council on September 3, 1996 Ordinance No. 2928 This Ordinance of the City of Port Angeles modifies the permit processing provisions in the City's wetlands protection ordinance to bring the regulations for wetland land use permits into compliance with ESHB 1724 and amends Ordinance 2655 and Chapter 15.24 of the Port Angeles Municipal Code. Ordinance No. 2929 This Ordinance of the City of Port Angeles revises the City' s shoreline management regulations to bring the regulations into compliance with ESHB 1724 and amends Ordinance 2033, as amended, and Chapter 15.08 of the Port Angeles Municipal Code, and repeals Section 10 of Ordinance 2595 and PAMC 15.08.105. Ordinance No. 2930 This Ordinance of the City of Port Angeles alters the rates for the sale of electricity to take effect on all billings beginning November 1, 1996 and amends Ordinance 2776, as amended, and Chapter 13.12 of the Port Angeles Municipal Code. The full texts of the Ordinances are available, for a fee, at City Hall in the City Clerk' s office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p. m. These Ordinances shall take effect five days after the date of publication of these summaries. Publish: September 8, 1996 Becky J. Upton City Clerk