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HomeMy WebLinkAbout3179ORDINANCE NO. 3179 AN ORDINANCE of the City of Port Angeles, Washington, amending and updating the City's development regulations to be consistent with the City's revised Comprehensive Plan by adding a new Chapter 15.02 Definitions, and amending Chapters 14.36, 15.20, 15.24, 15.28 and 16.08 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES does hereby ordain as follows: Whereas, a revised Comprehensive Plan was adopted by the City Council on June 14, 2004; and Whereas, the City's development regulations need to be amended and updated to be consistent with the City's revised Comprehensive Plan. NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance 2152, as amended, and a portion of the Title 14, Buildings and Construction, Chapter 14.36, Sign Code, Section 14.37.070 PAMC, are hereby amended to read as follows: 14.36.070 Permitted Signs. A. Signs in the Central Business District (CBD) Zone. Signs in the CBD zone shall comply with the requirements of this Subsection. Each individual business with street frontage may have a total sign area of all non - exempt signs not to exceed 20 % of the surface area of the building facade occupied by the business, or two hundred (200) square feet, whichever is less, and up to 90 % of the sign may be on a part of the same facade not occupied by the business. When a building is located on more than one street frontage, each visible building facade shall be considered separately. Such signs may be wall signs, marquee signs, pedestrian signs, free - standing signs, projecting signs, or any combination thereof, subject to the following standards: 1 1. Wall Signs. Wall signs shall be mounted parallel to the building facade and shall project no more than eighteen (18) inches from the wall on which they are attached. 2. Marquee or Awning Signs . A sign may be mounted on the front or front outer top edge of a marquee or awning, parallel to the street frontage; provided that the sign shall not exceed a vertical distance of two (2) feet above the front outer top horizontal edge of the marquee or awning and all supporting mechanisms are concealed from view; or a sign may be mounted on the side of a marquee or awning, provided it does not extend above the top of the side. A sign may be mounted on top of a marquee or awning, provided that it does not project more than four and one -half (4 -1/2) feet from the building facade. A sign that projects below the marquee or awning shall comply with the requirements of PAMC 14.36.070(A)(3) (Pedestrian Signs). The sign area for a back -lit marquee or awning sign comprised of individual letters, figures, design, symbol, or trademark painted or mounted and projecting less than three (3) inches from the surface of the marquee or awning shall not include the lighted background that is outside the area that circumscribes the exterior limits of the dimensions of the sign. 3. Pedestrian Signs. A pedestrian sign attached to the underside of a marquee or awning shall be at a right angle to the plane of the building facade and not extend beyond the outer edge of the marquee or awning. A clearance of not less than eight (8) feet from the underlying sidewalk shall be maintained. Said sign shall not exceed six (6) square feet in sign area per side. 4. Freestanding Signs. Where all portions of a building are located more than fifteen (15) feet from the street right -of -way the building may have one freestanding sign in addition to the signs allowed on the building, provided that it shall not exceed twenty-five (25) square feet in sign area per side or twenty (20) feet in height. If the building has frontage on two or more streets and the building is more than forty (40) feet from those streets, the building may have one free - standing sign that shall not exceed one hundred (100) square feet of sign area per side or a total of two hundred (200) square feet of sign area, whichever is less, or thirty (30) feet in height; provided that the sign area shall be considered part of the total sign area of the building and deducted equally from the allowable sign area of the facades that are more than forty (40) feet from the street; and further provided that the sign area of the freestanding sign shall not exceed the total sign area allowed the building. 5. Projecting Signs. Projecting signs may be mounted at a right angle to the plane of the building facade, provided the sign shall not extend more than four and one- half (4 -1/2) feet beyond the facade of the building. Further provided that signs occurring under marquees or awnings shall be governed by the requirements for pedestrian signs in PAMC 14.36.070(A)(3). Projecting signs not occurring under marquees shall maintain a clearance of not less than eight (8) feet from the underlying sidewalk. 6. Upper Floor Businesses. The total sign area for a business occupying an upper story of a building with street frontage shall not exceed 20% of the surface of the building facade occupied by the business, or two hundred (200) square feet, whichever is less. An upper floor business or businesses may have one sign on the street level identifying the upstairs businesses, provided that said sign shall not exceed six (6) square feet. 2 7. Multiple Businesses, Arcades, and Galleries. The total sign area of two or more businesses sharing a common facade with at least one business not having a street frontage shall not exceed 20% of the surface area of the common facade. One additional sign, not exceeding six (6) square feet, listing all of the businesses may be provided. 8. Sign Area on Alleys. Each individual business with alley frontage may have a total sign area of all signs not to exceed 10% of the surface area of the building facade on the alley occupied by the business; provided, however, that individual businesses without street frontage may have 20 % or 200 square feet, whichever is less. Alley signs shall be mounted parallel to the building facade and project no further than twelve (12) inches from the wall on which the sign is attached. 9. Sign Area on Side Walls. Signs may be mounted on exposed side walls of buildings, which walls do not have street frontage, in accordance with Subsection (A) of this Section; provided, that only the area of the exposed wall shall be considered the surface area of the facade. 10. Shopping Malls. The total sign area for a shopping mall facade shall not exceed 20% of the facade or three hundred (300) square feet, whichever is less. Signs may be placed on any facade of a shopping mall, provided the maximum allowable sign area of that facade is not exceeded, and the sign is part of a master sign permit in the name of the manager of the mall that identifies all of the signs for the shopping mall. Where all portions of the shopping mall are more than fifteen (15) feet from the street right -of -way, one freestanding sign per street frontage, with a maximum of two (2) such signs per site, may be installed, provided that each sign shall not exceed twenty (20) feet in height and two hundred (200) square feet in total area, or one hundred (100) square feet in area per side; provided, however, that for those signs containing over one hundred (100) square feet of sign area, the display surfaces shall be parallel and back -to -back to each other; and further provided that the sign area shall be included in the total permitted sign area for the facade on that same street frontage. 11. Non - Building Business. The total sign area for a business in which no portion of the business occurs within a building shall not exceed 64 square feet per street frontage and shall be located on the property of the business. Non - building business signs may be free - standing, provided that each sign shall not exceed twenty (20) feet in height and thirty -two (32) square feet in sign area per side; provided that there shall not be more than one (1) free - standing sign per street frontage. B. Signs in the Commercial Arterial (CA) Zone. Signs in the CA zone shall comply with requirements of this Subsection. Signs may be lighted but not intermittent or flashing type. All signs over ten (10) square feet in area shall be restricted to territory no closer than 100 feet from all residential property in a residential zone. Maximum height shall be 35 feet. Such signs may be wall signs, marquee signs, pedestrian signs, freestanding signs, projecting signs, fluttering devices, or any combination thereof, subject to the following standards: 1. Building- Mounted Signs. Building- mounted signs may be placed on any wall not facing an adjacent residential zone. Building- mounted signs may not extend above the top of the eaves or parapet and may not be located on a roof. For buildings occupied by -3- a single business, the total building- mounted sign area shall not exceed 20 % of the area of the building elevation facing a public street to a maximum of two hundred and fifty (250) square feet on each building elevation which faces a public street. In buildings occupied by more than one business, the total building- mounted sign area for each business shall not exceed 20 % of that business's portion of the building elevation facing a public street to a maximum of two hundred and fifty (250) square feet. 2. Freestanding Signs. One and one quarter (1.25) square feet of freestanding visible sign area shall be allowed for every one (1) lineal foot of arterial street frontage of the site, provided that the maximum area of any freestanding sign face does not exceed half of the maximum visible sign area. The maximum visible sign area for a particular site shall be as follows: Site Area Less than .50 acre .50 to .99 acre 1 to 1.99 acres 2 to 2.99 acres 3 acres or more Maximum Visible Sign Area 100 square feet 200 square feet 300 square feet 400 square feet 500 square feet 3. Off - Premise Signs. One off - premise sign containing a commercial message unrelated to any use or activity of the property on which the sign is located, including billboards and other outdoor advertising signs not exceeding three hundred (300) square feet in total sign area and thirty -five (35) feet in height, may be permitted on any site that does not contain any sign for businesses located on said site, subject to approval of a conditional use permit. No billboard or other off - premise outdoor advertising sign shall be located within 1,000 feet of another such sign that is on the same side of the street. 4. Shopping Malls. The total sign area for a shopping mall facade shall not exceed 20% of the facade or three hundred (300) square feet, whichever is less. Signs may be placed on any facade of a shopping mall, provided the maximum allowable sign area of that facade is not exceeded and the sign is part of a master sign permit in the name of the manager of the mall that identifies all of the signs for the shopping mall. Where all portions of the shopping mall are more than fifteen (15) feet from the street right -of -way, one freestanding sign per street frontage, with a maximum of two (2) such signs per site, may be installed, provided that each sign shall not exceed twenty (20) feet in height and two hundred (200) square feet in total area, or one hundred (100) square feet in area per side. For such signs containing over one hundred (100) square feet of sign area, the display surfaces shall be parallel and back -to -back to each other, and the sign area shall be included in the total permitted sign area for the facade on that same street frontage. 5. Fluttering Devices. Pennants, flags, flyers, ribbons, balloons, or other fluttering devices or strings of such devices, which are used to attract attention to outdoor sales lots of new and used dealerships of automobiles, trucks, trailers, motorcycles, recreational vehicles, tractors, and boats, are allowed, provided such devices are not made of conductive material such as mylar which can cause an electrical shock or shortage. -4 C. Signs in the Community Shopping District (CSD) Zone. Signs in the CSD zone shall comply with the requirements of this Subsection. Signs may be lighted but not intermittent or flashing type. All signs over ten (10) square feet in area shall be restricted to territory no closer than 100 feet from all residential property in a residential zone. Maximum height shall be 30 feet. Such signs may be wall signs, marquee signs, pedestrian signs, freestanding signs, projecting signs, or any combination thereof, subject to the following standards: 1. Building- Mounted Signs. Building- mounted signs may be placed on any wall not facing an adjacent residential zone. Building- mounted signs may not extend above the top of the eaves or parapet and may not be located on a roof. a. For buildings occupied by a single business, the total building - mounted sign area shall not exceed 10% of the area of the building elevation facing a public street to a maximum of one hundred and twenty -frveseventy -five (125175) square feet on each building elevation which faccsis adjacent a public street. b. In buildings occupied by more than one business, the total building - mounted sign area for each business shall not exceed 10 % of that business's portion of the building elevation facing a public street to a maximum of one hundred and twenty-five seventy -five (125 175) square feet. c. Sign Area on Alleys. Each individual business with alley frontage may have a total sign area not to exceed 10% of that business' portion of the building elevation adjacent to the alley to a maximum of one hundred and seventy -five (175) square feet. Alley signs shall be mounted parallel to the building facade and project no further than twelve (12) inches from the wall on which the sign is attached. d. Sign Area on Side Walls. Signs may be mounted on exposed side walls of buildings, which walls do not have street frontage, may have a total sign area not to exceed 10% of that business' portion of the building elevation visible from a public street to a maximum of one hundred and seventy -five (175) square feet; provided, that only the area of the side wall visible from the public street shall be used in calculating the sign area. 2. Freestanding Signs. One and one quarter (1.25) square feet of freestanding visible sign area shall be allowed for every one (1) lineal foot of arterial street frontage of the site, provided that the maximum area of any freestanding sign face does not exceed half of the maximum visible sign area. The maximum visible sign area for a particular site shall be as follows: Site Area Maximum Visible Sign Area Less than .50 acre 50 square feet Lcss than 1 acrc.50 to .99 acre 50 75 square feet 1 to 1.99 acres 7-5 100 square feet 2 to 2.99 acres +00 125 square feet 3 acres or more 125 150 square feet 3. Off - Premise Signs. Off - premise signs, including billboards, shall be prohibited within the Community Shopping District Zone. -5 D. Signs in the Commercial Neighborhood (CN) Zone . Signs in the CN zone shall comply with the requirements of this Subsection. Signs may be lighted, but not intermittent or flashing type, and shall not exceed one hundred (100) square feet in total sign area. All signs over ten (10) square feet in area shall be restricted to territory no closer than 100 feet from all residential property in a residential zone. Maximum height shall be 20 feet. Off - premise signs, including billboards, shall be prohibited within the Commercial Neighborhood Zone. E. Signs in the Commercial Office (CO) Zone . Signs in the CO zone shall comply with the requirements of this Subsection. Signs may be lighted, but not intermittent or flashing type, and shall not exceed fifty (50) square feet in total sign area, provided , however, if the site area is 14,000 square feet or more, then signs shall not exceed one hundred (100) square feet in total sign area. No more than fifty (50) square feet of lighted sign area may face residential property in a residential zone located directly across a street. All freestanding signs shall not exceed five (5) feet in height. Building- mounted signs shall not exceed 20 feet in height. Off - premise signs, including billboards, shall be prohibited within the Commercial Office Zone. F. Signs in the Industrial Park (IP) Zone. Signs in the IP zone shall comply with the requirements of this Subsection. 1. One building- mounted sign, not to exceed one (1) square foot for each one (1) horizontal lineal foot of the building wall or three hundred (300) square feet, whichever is less, shall be permitted for each building elevation facing a public or private street. 2. One freestanding sign, not to exceed thirty -five (35) square feet in area and fifteen (15) feet in height, shall be permitted for each business site. 3. Public and private directional, traffic, and warning attached and detached signs shall not exceed six (6) square feet in area. 4. Signs may be lighted, but not intermittent or flashing. 5. Off - premise signs, including billboards, shall be prohibited within the Industrial Park Zone. G. Signs in the Industrial Light (IL) Zone Signs in the IL zone shall comply with the requirements of this Subsection. 1. One building- mounted sign, not to exceed one (1) square foot for each one (1) horizontal lineal foot of the building wall or three hundred (300) square feet, whichever is less, shall be permitted for each building elevation facing a public or private street. 2. One freestanding sign, not to exceed thirty -five (35) square feet in area and fifteen (15) feet in height, shall be permitted for each business site. 3. Public and private directional, traffic, and warning attached and detached signs shall not exceed six (6) square feet in area. 4 Signs may be lighted, but not intermittent or flashing. 5. One off - premise sign containing a commercial message unrelated to any use or activity of the property on which the sign is located, including billboards and other outdoor advertising signs not exceeding three hundred (300) square feet in total sign area and 6 thirty -five (35) feet in height, may be permitted on any site that does not contain any sign for businesses located on said site, subject to approval of a conditional use permit. No billboard or other off - premise outdoor advertising sign shall be located within 1,000 feet of another such sign that is on the same side of the street. H. Signs in the Industrial Heavy (IH) Zone. Signs in the IH zone shall comply with the requirements of this Subsection. 1. One building- mounted sign, not to exceed one (1) square foot for each one (1) horizontal lineal foot of the building wall or four hundred (400) square feet, whichever is less, shall be permitted for each building elevation facing a public or private street. 2. One freestanding sign, not to exceed one hundred (100) square feet in area and thirty -five (35) feet in height, shall be permitted for each business site. 3. Signs may be lighted, but not intermittent or flashing. 4. One off - premise sign containing a commercial message unrelated to any use or activity of the property on which the sign is located, including billboards and other outdoor advertising signs not exceeding three hundred (300) square feet in total sign area and thirty -five (35) feet in height, may be permitted on any site that does not contain any sign for businesses located on said site, subject to approval of a conditional use permit. No billboard or other off - premise outdoor advertising sign shall be located within 1,000 feet of another such sign that is on the same side of the street. I. Signs in the Public Buildings and Parks (PBP) Zone . Signs in the PBP zone shall comply with the requirements of this Subsection. One building- mounted sign per building shall be permitted, provided that the sign does not exceed one hundred (100) square feet in total sign area and is unlighted, and provided further that intermittent or flashing lights lighted signs are prohibited. One freestanding sign per site shall be permitted, provided that the sign does not exceed one hundred (100) square feet in total sign area. Signs shall be placed so as not to impact a facing residential zone. Maximum height shall be 20 feet. Off - premise signs, including billboards, shall be prohibited within the Public Buildings and Parks Zone. J. Temporary Commercial Event Signs. The total sign area of temporary commercial event signs that are intended to advertise a special event such as a new business grand opening, going- out -of- business sale, or similar special sales event shall not exceed one hundred (100) square feet for a business, provided the temporary commercial event signs are removed within one (1) day after the event and are not up for more than one (1) month commencing at the date of installation and not up for more than three (3) months in any calendar year, except that this Section shall not allow the type of signs that are specifically prohibited by PAMC 14.36.080. K. A -Frame Signs. One A -frame sign shall be permitted per site as a freestanding sign. An A -frame sign shall be no larger than ten (10) square feet per side with the top of the sign no higher than forty -four (44) inches nor lower than thirty (30) inches from ground level and the width of the sign no greater than thirty -two (32) inches. A -frame signs shall not be located in public rights -of -way, except where a building is built to the front lot line and provided the sign owner obtains a right -of -way use permit and identifies the specific sign in, 7 and names the City as an insured on, the sign owner's insurance policy. A -frame signs shall not be located in a vision clearance area as described in PAMC 17.94.090. Section 2. Ordinance , as amended, and Title 15, Environment, shall be amended by adding a new Chapter 15.02, Definitions, to read as follows: 15.02 - Definitions. These definitions shall apply to Chapters 15.20, 15.24 and 15.28, additional definitions are located in individual chapters. A. "Best Available Science" That scientific information applicable to the critical area prepared by local, state or federal natural resource agencies, a qualified scientific professional or team of qualified scientific professionals, that is consistent with criteria established in WAC 365- 195 -900 through WAC 365 -195 -925. B. "Best Management Practices" means conservation practices or systems of practices and management measures that: 1. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment; 2. Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands; 3. Protect trees and vegetation designated to be retained during and following site construction; and 4. Provide standards for proper use of chemical herbicides within critical areas. C. "Critical habitat" means habitat necessary for the survival of endangered, threatened, rare, sensitive, or monitor species as identified under the Endangered Species Act. D. Development" means any activity upon the land consisting of construction or alteration of structures, earth movement, dredging, dumping, grading, filling, driving of piles, drilling operations, bulkheading, clearing of vegetation, or other land disturbance. Development includes the storage or use of equipment or materials inconsistent with the existing use. Development also includes approvals issued by the City that binds land to specific patterns of use, including zoning changes, conditional use permits, and binding site plans. Development activity does not include the following activities: 1. Interior building improvements. 2. Exterior structure maintenance activities, including painting and roofing. 3. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning and weeding. 4. Maintenance of the following existing facilities that does not expand the affected areas: individual utility service connections; and individual cemetery plots in established and approved cemeteries. E. "Engineer" means a professional civil engineer, licensed by and in good standing in the State of Washington. 8 F. "Erosion" means the wearing away of the land or ground surface by the action of wind, water, ice, gravity, or any combination thereof. G. "Exotic" means any species of plant or animal that are not native to the area. H. "Frequently flooded areas" means lands in the floodplain subject to a one percent or greater chance of flooding in any given year (the 100 -year storm flood). These areas include but are not limited to streams, rivers, lakes, coastal areas, wetlands, and the like. I. "Historic Condition" means the condition of the land, including flora, fauna, soil, topography, and hydrology that existed before the area and vicinity were developed or altered by human activity. J. "Hydraulic project approval (HPA)" means a permit issued by the state Department of Fish and Wildlife for modifications to waters of the state in accordance with Chapter 75.20 RCW. K. "Indigenous" means any species of plant or animal native to an area. Not introduced. L. "Infiltration" means the downward entry of water into the immediate surface of soil. M. "Joint Aquatic Resource Permits Application (JARPA)" means a single application form that may be used to apply for hydraulic project approvals, shoreline management permits, Department ofNatural Resources use authorization, and Army Corps of Engineers permits. N. "Land- disturbing activity" means any use of the land that results in: L change in the natural cover or topography that exposes soils or 2. may cause or contribute to erosion or sedimentation. This does not include nondestructive vegetation trimming. O. "Marine bluffs" means coastal features that resulted from wave erosion undercutting uplands located adjacent to the shoreline, creating vertical cliffs that are an important source of sediment for coastal drift processes and /or the landforms created by these processes. P. "Native" means any species of plants or animals that are indigenous to the area. Q "Nondestructive vegetation trimming" means the trimming, or pruning of trees, shrubs, or plants, that does not harm the continued life and health of the plant R. "Priority Habitats" means habitat types or elements with unique or significant value to one or more species as classified by the Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant species, a described successional stage, or a specific structural element.(WAC 173 -26- 020(34). S. "Puget Sound" means all salt waters of the State of Washington inside the international boundary line between the State of Washington and the Province of British Columbia, lying east of one hundred twenty -three degrees, twenty -four minutes west longitude and includes the Strait of Juan de Fuca. T. "Qualified professional" means a person with experience and training in the applicable critical area. A qualified professional must have obtained a B.S. or B.A. or equivalent 9 degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field and two years of related professional work experience. L A qualified professional for habitats or wetlands must have a degree in biology, marine biology, wetland biology, habitat ecology. 2. A qualified professional for a geological hazard must be a professional civil engineer or geologist, licensed in the State of Washington. 3. A qualified professional for tree maintenance and tree pruning must be an arborist certified by the International Society of Arboriculture. U. "Topping or tree topping" means the indiscriminate cutting back of tree branches to stubs or lateral branches that are not large enough to assume the terminal role and is harmful to the life and health of the plant. V. "Viewshed enhancement" means the removal or thinning of trees or vegetation to enhance a view when proposed in ravine and marine bluff buffers so long as such alterations will not: L Increase geological hazards such as erosion potential, landslide potential, or seismic hazard potential; 2. Adversely affect significant fish and wildlife habitat areas; 3. Through thinning, remove more than 30% of the live branches of a tree; 4. Include felling, topping, or removal of trees in critical areas. Viewshed enhancement does not include nondestructive trimming of vegetation as defined in this Title. Section 3. Ordinance 2656, as amended, and Title 15, Environment, shall be amended by amending Chapter 15.20 PAMC, Environmentally Sensitive Areas Protection, in its entirety to read as follows: CHAPTER 15.20 ENVIRONMENTALLY SENSITIVE AREAS PROTECTION Sections: 15.20.010 Findings of Fact 15.20.020 Purpose. 15.20.030 Definitions. 15.20.040 Applicability. 15.20.050 Permitted Uses. 15.20.060 Submittal Requirements. 15.20.070 Development Standards. 15.20.080 Development Exceptions. 15.20.090 Tracts and Easements. 15.20.100 Securities and Enforcement. 15.20.110 Appeals. 15.20.010 - Findings of Fact. The City Council of the City of Port Angeles hereby finds that: A. Development in stream corridors results in: 1. Siltation of streams, which destroys spawning beds, kills fish eggs and alevins, irritates fish gills, reduces aquatic insect populations, fills stream channels, and causes flooding; 2. Loss of stream corridor vegetation, which raises stream temperatures, destabilizes streambanks, causes erosion, removes nutrients by removing source of fallen leaves and streamside insects, increases sedimentation, and reduces recruitment of large wood debris necessary for stream structure; 3. Elimination of wildlife and fish habitat. The stream corridor is especially sensitive and is recognized as being among the most productive terrestrial and aquatic ecosystems. It usually provides all four of the basic habitat components - water, food, cover and space. The stream corridor is usually richer in habitat diversity and, consequently, wildlife diversity and numbers of individuals are higher than in adjoining upland plant communities. Certain fish and wildlife species are totally dependent on the stream corridor and as uplands are developed, stream corridors become a place of refuge for many wildlife species; 4. Increased peak flow rates and decreased summer low flow rates of streams, resulting in negative impacts to the physical and chemical requirements critical for sustained fish populations; 5. Stream channelization, which increases current velocity and bank erosion, removes critical fish rearing and spawning habitat, and reduces habitat diversity and simplifies the biotic community; 6. Piping of streamflow and crossing of streams by culverts, which increases potential for downstream flooding, reduces migratory fishery range and, therefore, fish populations, removes habitat, and eliminates the biotic community; and 7. Construction near or within streams, which adversely impacts fish and wildlife by destroying habitat and degrading water quality and increases potential for flooding, property damage, and risk to public health, safety, and welfare. B. Development of geological (erosion hazard, landslide hazard, seismic hazard) hazard areas results in: 1. Potential threat to the health and safety of residents and employees of businesses within the City; 2. Potential damage or loss to public and private property within the City; 3. Potential degradation of water quality and the physical characteristics of waterways due to increased sedimentation; 4. Potential losses to the public as a result of increased expenditures for replacing or repairing public facilities; providing publicly funded facilities to reduce or eliminate potential hazards to life and property; providing emergency rescue and relief operations; and from potential litigation resulting from incompatible development in these areas. C. Development of fish and wildlife habitat areas results in: 1. Losses in the numbers and varieties of aquatic and terrestrial wildlife species; 2. Loss of streamside vegetation that increases erosion and sedimentation, and reduces the quality of water resources; 3. Loss of opportunities for outdoor recreation such as hunting, fishing, bird - watching, sightseeing and similar activities; 4. Loss of economic opportunities in forestry, fisheries, shellfish and tourism industries; 5. Loss of opportunities for scientific research and education. D. Development of locally unique land features (ravines, marine bluffs, beaches) results in: 1. Disruption of the natural functioning of region surface drainage systems and the aquatic and terrestrial wildlife that depend on this habitat; 2. Increased threat to life and property as a consequence of exposure to geologic hazards and flooding; 3. Disruption of natural longshore drift processes that help maintain Ediz Hook and Port Angeles Harbor; 4. Destruction of natural greenbelts that serve to enhance the visual character of the community and serve as "community separators" that reduce the perceived degree of urbanization; 5. Loss of opportunities for trail systems and other forms of passive recreation. 15.20.020 - Purpose. Surface streams and flood hazards, geologic hazards (erosion, landslide, seismic), fish and wildlife habitat areas, locally unique features (ravines, marine bluffs, beaches) and required buffers constitute environmentally sensitive areas that are of special concern to the City of Port Angeles. The purpose of this Chapter is to protect the environmentally sensitive resources of the Port Angeles community as required by the Growth Management Act and as provided in the Guidelines promulgated by the State of Washington. Accordingly, the intent of this Chapter is to use a functions and values approach and establish minimum standards for development of properties which contain environmentally sensitive features and to protect the public health, safety, and welfare in regard to environmentally sensitive areas by: A. Avoiding disturbance of these areas; B. Mitigating unavoidable impacts; C. Protecting from impacts of development by regulating alterations; - 12- D. Protecting the public from personal injury, loss of life or property damage due to flooding, erosion, landslides, seismic events, or soil subsidence; E. Protecting against publicly financed expenditures in the event environmentally sensitive areas are misused, which causes: 1. Unnecessary maintenance and replacement of public facilities; 2. Publicly funded mitigation of avoidable impacts; 3. Cost for public emergency rescue and relief operations where the causes are avoidable; or 4. Degradation of the natural environment; F. Protecting the public trust in navigable waters and aquatic resources; G. Preventing adverse impacts to water availability, water quality and streams; H. Protecting unique, fragile, and valuable elements of the environment, including wildlife and its habitat; I. Alerting appraisers, assessors, owners, potential buyers, or lessees to the development limitations of environmentally sensitive areas; J. Providing City officials with sufficient information to adequately protect environmentally sensitive areas when approving, conditioning, or denying public or private development proposals; and K. Implementing the policies of the State Environmental Policy Act, Chapter 43.21 C RCW; the City of Port Angeles Comprehensive Plan; this Chapter of the Port Angeles Municipal Code; and all updates and amendments, functional plans, and other land use policies formally adopted or accepted by the City of Port Angeles. L. Provide protection of environmentally sensitive areas for a period until the City can complete more detailed studies of the environmentally sensitive areas within the City and adopt a comprehensive set of policies pertaining to protection of environmental resources and amend regulations which implement the policies. 15.20.030 - Definitions. In addition to definitions contained in Chapter 15.02, the following definitions shall apply. Where definitions exist in both 15.02 and 15.20.030, the definitions in 15.20.030 shall apply. A. "Beaches and associated coastal drift process areas" means the areas that encompass marine shorelines which contain important sites of material supply, transport and deposition that define the present landforms and natural character of the Port Angeles shoreline. B. "Buffer" means an undisturbed area adjacent to an environmentally sensitive feature area that is required to permanently remain in an undisturbed and untouched condition protect or enhance the environmentally sensitive features area and is considered part of the environmentally sensitive area. No building, clearing, grading, or filling is permitted, except for minor maintenance necessary to protect life and property. A buffer is different than a setback. C. "Clearing and Grading Permit" means the written permission of the City to the applicant to proceed with the act of clearing, grading, filling, and /or drainage which could disturb the land surface. - 13 - 11 1wso u1 • moans actions pelt�fined to plavl luau . Creation" means actions p ronally ablish of cxpaild a1� If D. "Critical areas" . • ' . : • . means any of the following areas, environmentally sensitive areas as defined and described in Chapter 15.20, wetlands as defined and described in Chapter 15.24, shorelines, beaches and associated coastal drift processes as described in Chapter 15.08 and the Port Angeles Shoreline Master Program and their associated buffers-. 1 Wetlands; 2 Stleams or sticam earlldurs, 3 Frcqucntly floodcd areas; eolagieally lazardous areas. a. MS 01 nacarcl aromas, 1QG 1biu1C. 11aGalu al l.aJ, 1of riy spc • • P y unfgtie r attucs. E. fnts; d1111� Vlurl�, 111 IlaUUal a1GaJ, c. ueacires -a assottatcct coastal ann pro cesscs. "Environmentally sensitive areas" means any of the following areas and their associated buffers: 1. 2. 3. 4. Aquifer Recharge Areas Streams or stream corridors; Frequently flooded areas; Geologically hazardous areas: a. Erosion hazard areas, b. Landslide hazard areas, c. Seismic hazard areas; 5. Habitat areas for priority species and species of concern and 6. Locally unique features: a. Ravines; b. Marine bluffs; c. Beaches and associated coastal drift processes. F. "Erosion hazard areas" means those areas containing soils which, according to the United States Department of Agriculture Soil Conservation Service Soil Classification System, may experience severe to very severe erosion. - 14- HG. "Functions and Values" means the natural processes and intrinsic environmental benefits offered by an environmentally sensitive feature. As examples, a function and an associated environmental value of a marine bluff is to provide materials to shorelines and thereby maintain beaches and spits from erosion, and a function and an associated environmental value of a stream is to provide water that in turn insures the survival of a diversity of flora and fauna. .11-1. "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological event, are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns. �I. "Habitats of local importance" means a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long -term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alteration, such as cliffs, talus, and wetlands. J. "Habitat Area for Priority Species and Species of Concern" ( "Priority species and Species of Concern Habitat ") means habitat supporting: 1. fish and wildlife species that are designated by the State to be of concern due to their population status and their sensitivity to habitat alteration; and 2. recreationally important species for which the maintenance of a stable population and surplus for recreation may be affected by habitat loss or change. K. "Historic Condition" means the condition of the land, including flora, fauna, soil, topography, and hydrology that existed before the area and vicinity were developed or altered by human activity. K. L. "Landslide hazard areas" means areas potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. The following areas are considered to be subject to landslide hazards: 1. Areas of historic failures or potentially unstable slopes, such as areas mapped within Soils Conservation Service Slide Hazard Area Studies; as unstable by the 1978 Coastal Zone Atlas; and as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the United States Geological Survey or Department of Natural Resources Division of Geology and Earth Resources. 2. Any area with a combination of: a. slopes fifteen percent (15 %) or steeper, and b. impermeable soils (typically silt and clay) frequently interbedded with granular soils (predominantly sand and gravel); and, c. springs or ground water seepage. 3. Any area potentially unstable as a result of rapid stream incision, stream bank erosion (e.g. ravines) or under - cutting by wave action (e.g. marine bluffs). 4. Areas of potential failure due to over steepening of the slope beyond the in -place soil's ability to resist sliding (slope exceeds angle of repose). - 15 - M. "Locally unique features" means landforms and features that are important to the character of the City of Port Angeles and the adjoining Port Angeles Urban Growth Area. These features or landforms usually contain more than one environmentally sensitive area or "critical area ". Locally unique features in the Port Angeles region include ravines, marine bluffs, and beaches and associated coastal drift processes. ON. "Mitigation" means taking measures including avoiding, minimizing, and compensating for adverse impacts to an environmentally sensitive area and should be taken in the following order of preference and may include a combination of these measures: 1. Avoiding the impacts altogether by not taking a certain action or parts of an action but still accomplishing the objective of the proposed action; 2. Minimizing the impacts by limiting the degree or magnitude of an action, by using appropriate technology and best management practices, or by taking affirmative action to reduce impacts; 3. Rectifying the impacts of an action by repairing, rehabilitating, or restoring the affected environment; 4. Reducing or eliminating the impacts over time by preservation and maintenance operations during the life of an action; 5. Compensating for the impacts by restoring, enhancing, providing substitute resources, or creating new environments; and 6. Monitoring the impacts and the mitigation and taking appropriate corrective measures. pI nit acid does iiut cAt,OSC t1it.. ace "D..: 'W. 1_e1 • It at Uonccrn l lat,itat" means llal,itat supporting. (a) O . "Riparian habitat" means areas adjacent to aquatic systems with flowing water that contains elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian aquatic and terrestrial - associated wildlife. Widths shall be measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified. It includes the entire extent of - 16 - the flood plain and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that directly influence the stream system. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities. PP. "Seismic hazard areas" means areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow groundwater table. UQ. "Setback" means the minimum distance for any use, structure or building from a hazard area as required by a qualified expert as identified in PAMC 15.20.060(B)(4)(b) to protect safety for occupants of a development and /or users of a site. ¥R. "Stream corridor" means variable width planning area defined by the type of stream or watercourse, or from the top of the bank or dike. Stream corridors include both year - round and seasonal waterways, but vary in width depending on the rating of the stream. If the stream or watercourse is contained within a ravine, the stream corridor may be established using the Locally Unique Feature Corridor. ,, Iivu- �lw iv iifllining OI vgv atLf types" 117Gluae catCgOfits cMaaV11s1k • �nnea ny iapt . r. i aJ 15.20.040 - Applicability. This Section establishes regulations for the protection of areas which are environmentally sensitive. Areas listed, identified, classified, or rated as environmentally sensitive are those which are or may become designated environmentally sensitive by the City of Port Angeles Comprehensive Plan or by separate studies which indicate that an area is environmentally sensitive. A site specific analysis which indicates that any element regulated by this Chapter is present will result in an area being classified as environmentally sensitive. A. All development proposals, including enhancement projects, in environmentally sensitive areas shall comply with the requirements and provisions of this Chapter. Responsibility for administration and enforcement of the provisions of this Chapter shall rest with the Planning Director or the Director's designee. B. For the purposes of this Chapter, development proposals include proposals which require any of the following: building permit, clearing and grading permit, shoreline substantial development permit, shoreline conditional use permit, shoreline variance, shoreline environmental redesignation, conditional use permit, zoning variance, zone reclassification, planned residential development, subdivision, short subdivision, or any other land use approvals required by ordinance of the City of Port Angeles or the Revised Code of Washington. Where possible, the City shall attach conditions to development proposals or combine permit decisions to ensure compliance with this Chapter while alleviating duplicate permit decisions. C. When any provision of any other City ordinance conflicts with this Chapter, that which provides the greatest protection to environmentally sensitive areas shall apply unless specifically provided otherwise in this Chapter. D. This Chapter applies to all environmentally sensitive areas located on or adjacent to properties within the jurisdiction of the City of Port Angeles. Specific environmentally sensitive features (streams, ravines, marine bluffs, beaches) shall be defined and designated as - 17 - set forth below. The approximate distribution and extent of environmentally sensitive areas in the City are displayed on the following series of maps on file with the City of Port Angeles Planning Department: 1. Wetland and Hydric Soil Composite Map, as promulgated pursuant to the City's Wetlands Protection Ordinance, Chapter 15.24 PAMC. 2. Environmentally Sensitive Areas Composite Maps, which shall be prepared and revised as necessary from time to time by the Planning Director or his designee in accordance with this Chapter. These maps are to be used as a guide to the general location and extent of environmentally sensitive areas. The maps shall be used to alert the public and City officials of the potential presence of environmentally sensitive areas on -site or off -site of a development proposal. Given the generalized nature of these maps and recognizing that environmentally sensitive areas are a dynamic environmental process, the actual presence and location of environmentally sensitive areas, as determined by qualified professional and technical scientists, shall be established and protected in accordance with all the provisions of this Chapter, which shall govern the treatment of proposed development sites. In the event that any of the environmentally sensitive areas shown on the maps conflict with the criteria set forth in this Chapter, the criteria shall control. E. The exact location of the boundary of an environmentally sensitive area shall be determined through the performance of a field investigation applying the definitions and criteria provided in this Chapter. A giQualified professional . i shall perform delineations of environmentally sensitive area boundaries. For example, in areas where a Class II or Class III Landslide Hazard is suspected, a geotechnical study would be required to specifically identify the nature and extent of the potential hazard. The Planning Director of Community Development, as assisted by other City officials, has final responsibility for the accuracy of the submitted information. The applicant may be required to show the location of the environmentally sensitive area boundary on a scaled drawing as a part of a City permit application. The Planning Director of Community Development may require the delineation of the environmentally sensitive area boundary by • • .. qualified professionals retained by the applicant. Alternatively, the Planning Director may retain qualified professional scientists and technical experts or other experts as needed to perform the delineation, in which event the applicant will be charged for the costs incurred in accordance with the provisions of this Chapter. Where the Planning Director of Community Development performs approves an environmentally sensitive area delineation, such delineation shall be considered a final determination unless appealed to the Port Angeles City Council. Where the applicant's beientists andh,i eAp . i tb qualified professionals have provided a delineation of the environmentally sensitive area boundary the Planning Director shall verify the accuracy of and may render adjustments to, the boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the Planning Director shall, at the applicant's expense, obtain expert - services a qualified professional to render a final delineation. Decisions of the Planning Director in applying this Chapter may be appealed to the City Council per Section 15.20.110 of this Chapter. 15.20.050 - Permitted Uses and Development Restrictions. - 18 - A. Permitted Uses Uses permitted on properties which contain an area classified as environmentally sensitive shall be the same as those permitted in the underlying zone. Each use shall be evaluated in accordance with the review process required for the proposed use in the underlying zone in conjunction with the requirements of this Chapter, State and Federal regulations. Nothing in this Chapter is intended to preclude reasonable use of property. If an applicant feels that the requirements of this Chapter as applied to a specific lot or parcel of land do not permit a reasonable use of property, the applicant may request that the Planning Director make a determination as to what constitutes reasonable use of such property. Any decision of the Planning Director in making such a determination shall be subject to the appeal provisions set forth in Section 15.20.110 of this Chapter, and the burden of proof in such an appeal shall be upon the appellant to prove that the determination of reasonable use made by the Planning Director is incorrect. B. Development Restrictions. 1. The following environmentally sensitive areas shall remain undisturbed except as otherwise provided in Section 15.20.080, Development Exceptions: a. Significant and important wetlands and their buffers, pursuant to the regulations presented in the City's Wetlands Protection Ordinance, Chapter 15.24 PAMC. b. Surface Streams and their buffers, pursuant to Section 15.20.070 ofthis Chapter. c. Ravines, marine bluffs and their buffers, pursuant to Section 15.20.070 of this Chapter. d. Beaches and associated coastal drift processes pursuant to Section 15.20.070 of this Chapter. 2. All other environmentally sensitive areas identified above in PAMC 15.20.030E are developable pursuant to the provisions of Section 15.20.070 of this Chapter. The applicant shall clearly and convincingly demonstrate to the satisfaction of the Planning Director that the proposal incorporates measures pursuant to this Chapter which adequately protect the public health, safety and welfare. (Ord. 2979 §1 (part), 2/13/98; Ord. 2656 §1 (part), 11/29/91.) 15.20.060 - Submittal Requirements and Support Information Required. A. Submittal Requirements Applications for land uses or developments proposed within areas listed, identified, inventoried, classified, rated, or otherwise determined to be environmentally sensitive or which have been so determined by the Planning Director of Community Development based upon a site specific analysis or such other information supplied which supports the finding that a site or area is likely to contain environmentally sensitive characteristics, shall be filed with all the information requested on the application forms available from the Planning Dt-parttncnt Division. The Planning Director of Community Development may waive specific submittal requirements determined to be unnecessary for review of a specific application type. The applicant shall provide the information necessary for the Planning DepartiiiLul Division to determine if and to what extent the site contains environmentally sensitive characteristics. The Planning Director of Community Development shall make the determination to classify an area as environmentally sensitive pursuant to the procedures set forth in PAMC 15.20.040E. B. Supporting Information Required. All land uses and developments proposed in an area listed, identified, inventoried, classified, or rated as environmentally sensitive shall include supporting studies, prepared to describe the environmental limitations of the site. No - 19 - construction activity, including clearing or grading, shall be permitted until the information required by this Chapter is reviewed and approved by the City as adequate. Special environmental studies shall include a comprehensive site inventory and analysis, a discussion of the potential impacts of the proposed development, and specific measures designed to mitigate any potential adverse environmental impacts of the applicant's proposal, both on -site and off -site, as follows: 1. A description of how the proposed development will or will not impact each of the following; a. Erosion hazards; b. Landslide hazards; c. Seismic hazards; d. Drainage, surface and subsurface hydrology, and water quality; e. Flood prone areas; f. Existing vegetation as it relates to steep slopes, soil stability, and natural habitat value (for wetlands, refer to Chapter 15.24 PAMC); g. Locally unique landforms: ravines, marine bluffs, beaches and associated coastal drift processes; 2. Recommended methods for mitigating identified impacts and a description of how these mitigating measures may impact adjacent areas. 3. Any additional information determined to be relevant by the City or by the professional consultant who prepared the study. 4. Such studies shall be prepared with assistance by experts qualified professionals in the area of concern, which at a minimum shall include the following types of experts: a. Flood hazard areas: Professional Civil Engineer licensed by the State of Washington; b. Erosion Hazard Areas, Landslide Hazard Areas, and Seismic Hazard Areas: Geologist and /or CivilGeotLclmical Engineer with Geotechnical expertise; c. Wetlands: Biologist with wetlands ecology expertise; d. Streams, Rivers, Riparian Areas, Drainage Corridor, Ravine: Geologist or Civil6eot Engineer with Geotechnical expertise; e. Marine Bluffs, Beaches: Geologist, or CivilGeoLchuical Engineer with Geotechnical expertise, or Oceanographer; f. Fish and Wildlife Habitats: Biologist with freshwater and /or marine habitat ecology expertise. C. Environmentally sensitive area Reports - Requirements 1. Prepared by qualified professional. The applicant shall submit an environmentally sensitive area report prepared by a qualified professional as defined herein. 2. Incorporating best available science. The environmentally sensitive area report shall use scientifically valid methods and studies in the analysis of environmentally sensitive area data and field reconnaissance and reference the source of science used. The environmentally sensitive area report shall evaluate the proposal and all probable impacts to environmentally sensitive areas in accordance with the provisions of this Title. 3. Minimum report contents. At a minimum, the report shall contain the following: - 20 - a. The name and contact information of the applicant, a description of the proposal, and identification of the permit requested; b. A copy of the site plan for the development proposal showingi i. Identifies environmentally sensitive areas, buffers, and the development proposal with dimensions; ii. Limits of any areas to be cleared; and a description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations; c. The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site; d. Identification and characterization of all environmentally sensitive areas, wetlands, water bodies, and buffers adjacent to the proposed project area; e. A statement specifying the accuracy of the report, and all assumoptions made and relied upon; f. An assessment of the probable cumulative impacts to environmentally sensitive areas resulting from the proposed development; g_ An analysis of site development alternatives:, h. A description of reasonable efforts made to apply mitigation sequencing pursuant to Mitigation Sequencing [Section 15.20.080(I)(3)(d)] to avoid, minimize, and mitigate impacts to environmentally sensitive areas; i. Plans for adequate mitigation, as needed, to offset any impacts, in accordance with Mitigation plan requirements [Section 15.20.080(I)(3)], including, but not limited to: i. The impacts of any proposed development within or adjacent to a environmentally sensitive area or buffer on the environmentally sensitive area; and ii. The impacts of any proposed alteration of a environmentally sensitive area or buffer on the development proposal, other properties and the environment; L A discussion of the performance standards applicable to the environmentally sensitive area and proposed activity; k. Financial guarantees to ensure compliance; and 1. Any additional information required for the environmentally sensitive area as specified in the corresponding Chapter. 4. Unless otherwise provided, a environmentally sensitive area report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approve by the Director of Community Development. Environmentally sensitive area Report - modifications to requirements 1. Limitations to study area. The Director of Community Development may limit the required geographic area of the environmentally sensitive area report as appropriate if: a. The applicant, with assistance from the City cannot obtain permission to access properties adjacent to the project area; or b. The proposed activity will affect only a limited part of the subject site. 2. Modifications to required contents. The applicant may consult with the Director of Community Development prior to or during preparation of modification to the required contents of the report where, in the judgment of a qualified professional, more or less - 21 - information is required to adequately address the potential environmentally sensitive area impacts and required mitigation. 3. Additional information may be required. The Director of Community Development may require additional information to be included in the environmentally sensitive area report when determined to be necessary to the review of the proposed activity in accordance with this Title. Additional information that may be required, includes, but is not limited to: a. Historical data, including original and subsequent mapping, aerial photographs, data compilations and summaries, and available reports and records relating to the site or past operations at the site, b. Grading and drainage plans; and c. Information specific to the type, location, and nature of the environmentally sensitive area. €E. City Review. 1. The City may in some cases retain consultants at the applicant's expense to assist the review of studies outside the range of staff expertise. 2. All environmentally sensitive studies shall be prepared under the supervision of the City. The Planning Director of Community Development will make the final determination on the adequacy of these studies. 15.20.070 - Development Standards. A. Streams. All areas falling within the corridors identified in the following subsection are subject to the requirements of this Chapter. 1. Stream Corridors. This subsection defines corridor dimensions for different classes of streams and their tributaries as rated pursuant to WAC 222 -16 -020 and -030. All areas falling within a corridor are subject to review under this Chapter unless excluded by the Planning Director of Community Development. Dimensions are measured from the seasonal high water mark or elevation of the stream or watercourse as follows: Type 1 250 feet; Type 2 250 feet; Type 3 150 feet; Type 4 100 feet; Type 5 none. Should the stream be located within a ravine, the greater dimension of either the stream corridor, or the ravine corridor, will be used to define areas subject to the requirements of this Chapter. 2. Stream Buffers. Any development or construction adjacent to a stream shall preserve a buffer which is wide enough to maintain the natural hydraulic and fish and wildlife habitat functions of that stream. The following buffers of undisturbed native vegetation shall be provided for different classes of streams and their tributaries as rated pursuant to WAC 222 -16 -020 and -030. Dimensions are measured from the ordinary high water mark or elevation of the stream or watercourse, or from the top of the bank or dike: Type 1 100 feet Type 2 100 feet Type 3 75 feet Type 4 50 feet Type 5 none. - 22 - 3. Stream corridors and buffers shall be increased to include streamside wetlands which provide overflow storage for stormwaters, feed water back to the stream during low flows or provide shelter and food for fish. 4. Additional Buffers. The Planning Director of Community Development may require either additional native vegetation or increased buffer sizes when environmental information indicates the necessity for additional vegetation or greater buffers in order to achieve the purposes of this Chapter. In cases where additional buffers are not feasible, the I'la�mi�ig Director of Community Development may require the applicant to undertake alternative on -site or off -site mitigation measures, including but not limited to a financial contribution to projects or programs which seek to improve environmental quality within the same watershed. B. Locally Unique Feature - Ravines, Marine Bluffs and Beaches and Associated Coastal Drift Processes. All areas falling within the corridors identified in the following subsection are subject to the requirements of this Chapter. 1. Locally Unique Feature Corridors: The following corridors, as measured from the top of ravines, the top and toe of marine bluffs, and beaches, define areas subject to the requirements of this Chapter, unless excluded by the Planning Director of Community Development: Ravines 200 feet; Marine Bluffs 200 feet; Beaches and Associated Coastal Drift Processes Shoreline Management Jurisdiction. Should locally unique feature corridors also overlay stream corridors, the criteria of this Section will be used. 2. Buffers. The following buffers of undisturbed vegetation shall be established from the top of ravines; the top and toe of marine bluffs and ravines: Ravines 25 feet; Marine Bluffs 50 feet; Beaches and Associated Coastal Drift Processes Per the City's Shoreline Master Program as adopted by PAMC 15.08.040. 3. Undisturbed buffers adjoining both marine bluffs and beaches shall be sufficient to assure that natural coastal drift processes will remain unimpaired. 4. Buffer Reduction. The buffer may be reduced when expert verification and environmental information demonstrate to the satisfaction of the Planning Director of Community Development that the proposed construction method will: a. Not adversely impact the stability of ravine sidewalls and bluffs; b. Not increase erosion and mass movement potential ofravine sidewalls and bluffs; c. Use construction techniques which minimize disruption of the existing topography and vegetation; and d. Include measures to overcome any geological, soils and hydrological constraints of the site. 5. Additional Buffers. The Panning Director of Community Development may require either additional native vegetation or increased buffer sizes when environmental information indicates the necessity for additional vegetation or greater buffers in order to achieve the purposes of this Chapter. In cases where additional buffers are not feasible, the Planning - 23 - Director may require the applicant to undertake alternative on -site or off -site mitigation measures, including but not limited to a substitute fee per Section 15.20.080(I)(2)(C) for projects or programs which seek to improve environmental quality within the same watershed. 6. Viewshed enhancement. In ravine and marine bluffbuffers, the Planning Director of Community Develoment may approve alterations in vegetation coverage for the purposes of vewshed enhancement, so long as such alterations will not: a. will-not increase geological hazards such as erosion potential, landslide potential, or seismic hazard potential. or- b. will not adversely affect significant fish and wildlife habitat areas„--and c. remove by thinning more than 30% of the live crown of a tree. d. include felling, topping, or removal of trees. . 1 1 • 1 . • . • po iai. The landowner shall replace any trees that are felled or topped with new trees at a ratio of two trees for each tree felled or topped (2:1) within one (1) year in accordance with an approved restoration plan. Tree species that are native and indigenous to the site and a minimum caliper of two (2) inches shall be used. C. Geological Hazard (Erosion, Landslide, Seismic) Areas. Areas containing or adjacent to geological hazard areas shall be altered only when the Planning Director concludes, based on environmental information, the following: 1. For Landslide hazard areas: a. That the land clearing, grading or filling activities will adhere to the best management practices. b. That the vegetation in erosion hazard areas will be preserved or replaced. 2. There will be no increase in surface water discharge or sedimentation to adjacent properties; a. There will be no decrease in slope stability on adjacent properties; and b. Either: i. There is no hazard as proven by evidence of no landslide activity in the past in the vicinity of the proposed development and a quantitative analysis of slope stability indicates no significant risk to the development proposal and adjacent properties; ii. The landslide hazard area can be modified or the development proposal can be designed so that the landslide hazard is eliminated or mitigated so that the site is as safe as a site without a landslide hazard; or iii. The alteration is so minor as not to pose a threat to slope stability. 3. For Seismic hazard areas: a. There is no actual hazard based on a lack of seismic activity in the past in the area of the development proposal, and a quantitative analysis of potential for seismic activity indicates no significant risk to the development proposal; or b. The development proposal can be designed so that it will minimize any risk of harm from seismic activity to public health, safety or welfare on or off the site. c. Construction on artificial fills is certified by a geote■-hnical /civil engineer with geotechnical expertise as safe from earthquake damage as a similar development not located on artificial fill. This requirement may be waived for actions involving minor - 24 - changes, alterations or additions to developed properties, provided that such activities do not jeopardize public health, safety or welfare on or off the site. 4. Geological Hazard Area Setbacks: In the event that it is determined that a geological hazard area is unstable and cannot be safely developed and must remain as permanent open space, setbacks from hazard areas shall be required as necessary to mitigate erosion, landslide, and seismic hazards, or as otherwise necessary to protect the public health, safety, and welfare of the occupants of a development and /or the users of a site and shall be determined by qualified vcpeits professionals as prescribed in PAMC 15.20.060(B)(4). D. Priority Species and Species of Concern Habitat Areas. To protect the habitat of species which are designated by the State to be priority species or species of concern and thereby maintain and increase their populations, priority species and species of concern habitat areas shall be subject to the following: 1. When a development proposal contains a priority species or species of concern habitat, the applicant shall submit a habitat management plan. The need for a Habitat Management Plan should be determined during State Environmental Policy Act (SEPA) review of the proposal. The habitat management plan should identify how the impacts from the proposed project will be mitigated. Possible mitigation measures should include, but are not limited to: (a) establishment of buffer zones; (b) preservation of critically important plants and trees, (c) limitation of access to habitat area, (d) scheduling construction activities to avoid interference with wildlife and fisheries rearing, resting, nesting or spawning activities; (e) using best available technology to avoid or reduce impacts; (f) using drainage and erosion control measures to prevent siltation of aquatic areas; and (g) reducing the size, scope, configuration or density of the project. 2. Buffer: To retain adequate natural habitat for priority species, buffers shall be established on a case -by -case basis as described in a habitat management plan. 3. Uses and activities allowed within a priority species or species of concern habitat area as identified by a habitat management plan shall be limited to low intensity land uses which will not adversely affect or degrade the habitat and which will not be a threat to the critical ecological processes such as feeding, breeding, nesting and resting. E. Frequently Flooded Areas. Development in frequently flooded areas which are not subject to the standards of other environmentally sensitive areas, including wetlands, will be directed by Chapter 15.12 "Flood Hazard Areas" of the City of Port Angeles Municipal Code. F. Limited Density Transfer. The calculation of potential dwelling units in residential development proposals and allowable floor area in non - residential development proposals shall be determined by the ratio of developable area to undisturbable environmentally sensitive area of the development site except as otherwise provided for wetlands in the City's Wetlands Protection Ordinance, Chapter 15.24 PAMC. The following formula for density and floor area calculations is designed to provide compensation for the preservation of environmentally sensitive areas, flexibility in design, and consistent treatment of different types of development proposals. 1. Formulas. The maximum number of dwelling units (DU) for a site which contains undisturbable environmentally sensitive areas is equal to: [(Developable Area) divided by (Minimum Lot Area/DU)] + [(Undisturbable Area) divided by (Minimum Lot Area/DU) (Development Factor)] = Maximum Number of Dwelling Units. - 25 - The maximum amount of non - residential floor area for a site which contains undisturbable environmentally sensitive areas is equal to: [(Maximum Permitted Floor Area/Lot Area)(Developable Area)] + [(Maximum Permitted Floor Area/Lot Area) (Undisturbable Area) (Development Factor)] = Maximum Amount of Floor Area. Environmentally sensitive areas which are to be disturbed shall receive full credit towards calculating the number of dwelling units or floor area. 2. Development Factor. As used in the preceding Subsection, the development factor is a number to be used in calculating the number of dwelling units or the maximum allowable floor area for a site which contains undisturbable environmentally sensitive areas. The development factor is derived from the following table: Undisturbable Sensitive Area as Percentage of Site Development Factor 1 - 10 .30 11 - 20 .27 21 - 30 .24 31 - 40 .21 41 - 50 .18 51 - 60 .15 61 - 70 .12 71 - 80 .09 81 - 90 .06 91 - 99 .03 15.20.080 - Development Exceptions. Exceptions to the development restrictions and standards set forth in Sections 15.20.050 and 15.20.070 may be permitted by application to the Planning Director pursuant to the provisions of this Section. A. Reasonable Use Development Exceptions in Stream and Locally Unique Feature Corridors. 1. Development Proposals. An applicant may propose a reasonable use development exception pursuant to the following decision criteria: a. The proposal is limited to the minimum necessary to fulfill reasonable use of the property, and there is no other reasonable alternative; b. The proposal is compatible in design, scale, and use with other development or potential development in the immediate vicinity of the subject property in the same zone classification and with similar site constraints; c. The proposal utilizes to the maximum extent possible the best available construction, design, and development techniques which result in the least adverse impact on the environmentally sensitive area or areas; d. The proposal incorporates all other development standards of Section 15.20.070; and e. The proposal is consistent with the purpose and intent of this Chapter. f. When the functions and values of the environmentally sensitive area will be disrupted, the applicant has prepared a mitigation plan per Subsection I.3. - 26 - 2. Minor Additions to and Modifications of Existing Structures. Existing structures or improvements that do not meet the requirements of this Chapter may be remodeled, reconstructed or replaced provided that the new construction does not further disturb an environmentally sensitive area. 3. Previously Altered Environmentally Sensitive Areas. If any portion of an environmentally sensitive area has been altered from its natural state, the applicant may propose to develop within the altered area pursuant to the following decision criteria: a. The environmentally sensitive area was lawfully altered in accordance with the provisions of this Chapter and any state and federal laws at the time the alteration occurred; b. The previous alteration has significantly disrupted the natural functions and values of the environmentally sensitive area; c. The new alteration does not further disrupt the natural functions and values of the environmentally sensitive area; d. The proposal utilizes to the maximum extent possible the best available construction, design and development techniques which result in the least adverse impact on the environmentally sensitive area; e. The proposal incorporates all other development standards of Section 15.20.070, and f. The proposal is consistent with the purpose and intent of this Chapter. 4. Vegetation management practices may allow the following; a. Nondestructive pruning and trimming of vegetation for maintenance purposes; enhancement or b. thinning of limbs of individual trees to provide for viewshed c. removal of nonnative vegetation and replacement with native vegetation; provided, that increased erosion, landslide, or other adverse impacts to the 45. If the Planning Director determines that a reasonable use exception may be granted, the applicant shall sign a waiver indemnifying the City from any liability due to damages that could result from location of the development in or near an environmentally sensitive area. 56. Alternatively, if the Planning Director determines that application of these standards would deny all reasonable economic use of the property, the City may take the property for public use with just compensation being made. B. Emergencies. The Planning Director of Community Development may approve improvements or alterations that are necessary to respond to emergencies that threaten the health and safety, when he /she determines that no reasonable alternative exists and the benefit outweighs the loss. Emergencies shall be verified by qualified experts as prescribed in PAMC 15.20.060(B)(4). C. Drainage Facilities. Streams and their buffers may be altered for use as a drainage facility provided that all requirements of the City of Port Angeles Stormwater Management Plan and all other local, state, and federal laws are satisfied, and so long as increased and multiple natural resource functions are achievable and the benefits outweigh any lost resource. The Planning Director may approve drainage facilities in a stream only where he /she determines that - 27 - long -term impacts are minimal or where there are no practicable or reasonable alternatives and mitigation is provided. D. Trails and Trail- Related Facilities. Public and private trails and trail - related facilities, such as picnic tables, benches, interpretive centers and signs, and viewing platforms shall be allowed, but use of impervious surface shall be minimized. Trails and trail - related facilities shall be avoided within stream channels. The Planning Director of Community Development may approve such trails and facilities only when he /she determines that there is no practicable or reasonable upland alternative. Trail planning, construction and maintenance shall adhere to the following additional criteria: 1. Trails and related facilities shall, to the extent feasible, be placed on existing levies, road grades, utility corridors, or any other previously disturbed areas; 2. Trails and related facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat; 3. Trail construction and maintenance shall follow the U.S. Forest Service "Trails Management Handbook" (FSH 2309.18, June 1987) and "Standard Specifications for Construction of Trails" (EM- 7720 -102, June 1984) as may be amended, or trail standards adopted by the City of Port Angeles; 4. Viewing platforms, interpretive centers, picnic areas, benches and access to them shall be designed and located to minimize disturbance; 5. Trails and related facilities shall provide water quality protection measures to assure that runoff from them does not directly discharge to wetlands or streams; and 6. Within buffers, trails and trail - related facilities shall be aligned and constructed to minimize disturbance to stream functions and values. E. Utilities. Every attempt shall be made to avoid locating utilities within streams. The Planning director may approve utilities in streams only when he /she determines that there is no practicable or reasonable upland alternative. F. Stream Crossings. Stream crossings, whether for access or utility purposes, shall be avoided to the extent possible; but when necessary due to the lack of feasible alternatives, crossing of streams shall follow all applicable local, state and federal laws and the following criteria: 1. Bridges are required for streams which support salmonids, unless otherwise allowed by the Washington State Department of Fisheries; 2. All crossings using culverts shall use superspan or oversize culverts; 3. Any work within the stream channel shall be constructed and installed per the requirements of an applicable State hydraulics permit; 4. No work within the stream channel shall occur in salmonid spawning 5. Bridge piers or abutments shall not be placed in either the floodway or between the ordinary high water marks unless no other feasible alternative placement exists; 6. Crossings shall not diminish flood - carrying capacity; 7. Crossings shall provide for maintenance of culverts, bridges and utilities; 8. Crossings shall serve multiple properties whenever possible. G. Time Limitation. A development exception automatically expires and is void if the applicant fails to file for a building permit or other necessary development permit within one year of the effective date of the development exception, unless either: areas; and - 28 - 1. The applicant has received an extension for the development exception pursuant to Subsection H of this Section; 2. The development exception approval provides for a greater time period. H. Time Extension. The Planning Director of Community Development may extend a development extension, not to exceed one year, if: 1. Unforeseen circumstances or conditions necessitate the extension of the development exception; 2. Termination of the development exception would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and 3. The extension of the development exception will not cause adverse impacts to environmentally sensitive areas. I. Mitigation. For any allowable development exception provided under this Section, the following restoration and compensation mitigation measures to minimize and reduce impacts to environmentally sensitive areas shall be required, and a mitigation plan per Subsection I.3 of this Section shall be completed and must be approved by the Panning Director of Community Development prior to development approval: 1. Restoration. Restoration is required when the functions and values of environmentally sensitive areas have been disrupted by alteration prior to development approval. 2. Compensation. Compensation is required from developers for all approved alterations to environmentally sensitive areas. Compensation required for specific development standards shall include, but is not limited to, the following: a. Streams i. The applicant shall maintain or improve stream channel dimensions, including depth, length, and gradient; restore or improve native vegetation and fish and wildlife habitat; and create an equivalent or improved channel bed, biofiltration and meandering. ii. The Planning Director of Community Development may postpone or limit development, require bonds pursuant to Section 15.20.100, or use other appropriate techniques to ensure the success of the mitigation plan. The decision of the Planning Director of Community Development to postpone or limit development may be appealed per Section 15.20.110. b. Beaches and Coastal Drift Processes i. The applicant shall restore, enhance, or create the beach and associated coastal drift processes per the City's Shoreline Master Program as adopted by PAMC. ii. The Planning Director of Community Development may postpone or limit development, require bonds pursuant to Section 15.20.100, or use other appropriate techniques to ensure the success of the mitigation plan. The decision of the Planning Director of Community Development to postpone or limit development may be appealed per Section 15.20.110. c. Substitute Fees. In cases where the applicant demonstrates to the satisfaction of the Planning Director of Community Development that a suitable compensation site does not exist, the Planning Director of Community Development may allow the applicant to make a financial contribution to an established environmental project or program. The project or program must improve environmental quality within the Port Angeles Regional watershed. The amount of the fee must be equal to the cost of mitigating the impact of stream or shoreline alteration and must be approved by the Planning Director of Community Development. - 29 - 3. Mitigation Plans. All restoration and compensation required for development exceptions shall follow a mitigation plan prepared by qualified experts as prescribed in PAMC 15.20.060(b)(4) containing the following components: a. Baseline Information. Quantitative data shall be collected and analyzed for both the impacted environmentally sensitive area and the proposed mitigation site, if different from the impacted environmentally sensitive area, following procedures approved by the Planning Director of Community Development; b. Environmental Goals and Objectives. Goals and objectives describing the purposes of the mitigation measures shall be provided, including a description of site selection criteria, identification of target evaluation species and resource functions; c. Performance Standards. Specific criteria for fulfilling environmental goals and objectives, and for beginning remedial action or contingency measures shall be provided, including water quality standards, species richness and diversity targets, habitat diversity indices, or other ecological, geological or hydrological criteria. d. Detailed Construction Plan. Written specifications and descriptions of mitigation techniques shall be provided, including the proposed construction sequence, accompanied by detailed site diagrams and blueprints that are an integral requirement of any development proposal. e. Monitoring Program. A program outlining the approach for assessing a completed project shall be provided, including descriptions or proposed experimental and control site survey or sampling techniques. A protocol shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the mitigation project. A report shall be submitted at least twice yearly documenting milestones, successes, problems and contingency actions of the restoration or compensation project. The Planning Director shall require that the applicant monitor the compensation or restoration project for a minimum of two years. f. Contingency Plan. A plan shall be provided fully identifying potential courses of action and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. g. Performance and Maintenance Securities. Securities ensuring fulfillment of the mitigation project, monitoring program and any contingency measures shall be posted pursuant to Section 15.20.100. 4. Final Approval. The Planning Director of Community Development shall grant final approval of a completed restoration or compensation project if the final report of the project mitigation plan satisfactorily documents that the area has achieved all requirements of this section. 15.20.090 - Sensitive Area Tracts. As a condition of any permit issued pursuant to this Chapter, the permit holder may be required to create a separate sensitive area tract or tracts containing the areas determined to be environmentally sensitive in field investigations performed pursuant to Subsection 15.20.040(E). Sensitive area tracts are legally created tracts containing environmentally sensitive features and their buffers that shall remain undisturbed in perpetuity. Sensitive area tracts are an integral part of the lot in which they are created, are not intended for sale, lease or transfer, and shall be included in the area of the parent lot for purposes of subdivision method and zoning regulations. - 30 - A. Legal Protection of Sensitive Area Tracts. When the Planning Director of Community Development requires the creation of a sensitive area tract as a condition of any permit issued pursuant to this Chapter, the sensitive area tract or tracts shall be protected by one of the following methods to be determined by the Planning Director of Community Development: 1. Easement. The permit holder shall convey an irrevocable offer to dedicate to the City of Port Angeles, or other public or non - profit entity specified by the Planning Director of Community Development, an easement for the protection of the environmentally sensitive area; or 2. Deed Restriction. The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of all lots containing a sensitive area tract or tracts created as a condition of any permit. Such deed restriction(s) shall prohibit in perpetuity the development, alteration, or disturbance of vegetation within the sensitive area tract, except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City of Port Angeles and any other agency with jurisdiction over such activity. The deed restriction shall also contain the following language: "Before, beginning, and during the course of any grading, building construction, or other development activity on a lot or development site subject to this deed restriction, the common boundary between the area subject to the deed restriction and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Port Angeles ". 3. Additional Note. The following note shall appear on the face of all plats, short plats, PRDs, or other approved site plans containing separate sensitive area tracts and shall be recorded on the title of record for all affected lots: "NOTE: All owners of lots adjoining separate sensitive area tracts identified as sensitive area easements or protected by deed restriction are responsible for maintenance and protection of the tracts. Maintenance includes ensuring that no alterations occur within the separate tract and that all vegetation remains undisturbed for other than natural reasons, unless the express written authorization of the City of Port Angeles has been received." B. Identification of Sensitive Area Tracts. The common boundary between a separate sensitive area tract and the adjacent land must be permanently identified. 1. Signs. Identification shall include permanent signs available at the Planning D.ppartin.autDivision on treated or metal posts. Sign locations, wording, and size specifications shall be approved by the Planning Director of Community Development. 2. Fencing. The Planning Director of Community Development may require permanent fencing for the purpose of delineating the sensitive area tract or tracts. C. Maintenance of Sensitive Area Tracts. Responsibility for maintaining sensitive area tracts shall be held by either the property owner, a homeowners' association, adjacent lot owners, the permit applicant or designee, or other appropriate entity as approved by the Planning Director of Community Development. 15.20.100 - Securities and Enforcement. - 31 - A. Performance Securities. The Planning Director of Community Development may require the applicant of a development proposal to post a cash performance bond or other acceptable security to guarantee that the applicant will properly construct all structures and improvements required by this Chapter. The security shall guarantee that the work and materials used in construction are free from defects. All securities shall be on a form approved by the Planning Director of Community Development. Until written release of the security, the security may not be terminated or canceled. The Planning Director shall release the security upon determining that all structures and improvements have been satisfactorily constructed and upon the posting by the applicant of a maintenance security if one is required. B. Maintenance Securities. The Planning Director of Community Development may require the applicant to post a cash maintenance bond or other acceptable security guaranteeing that structures and improvements required by this chapter satisfactorily perform for a minimum of two years. This requirement shall also apply in the case of required mitigation improvements. All securities shall be on a form approved by the Planning Director. Until written release of the security, the principal or surety may not be terminated or canceled. The Planning Director of Community Development shall release the security upon determining that performance standards established for evaluating the effectiveness and success of the structures and improvements have been satisfactorily met. The performance standards shall be approved by the Plane ug Director of Community Development and contained in the mitigation plan developed and approved during the review process. C. Renewable Bonds. Any bonds required by this Section may be in the form of one -year bonds to be renewed as appropriate. D. Enforcement. Violations of this Chapter shall be subject to the enforcement provisions of the Port Angeles Municipal Code. 15.20.110 - Appeals. A. Any person aggrieved by the decision of the ?tanning Director of Community Development may appeal the decision to the City Council. B. Appeals shall be submitted to the Planning DL,partmeni1Division in writing within fourteen (14) days following the date of notification of the decision. C. The City Council shall conduct an open record public hearing on the appeal of the Planning Director's decision with notice being given for the time, place, and purpose of the hearing at least fifteen (15) days prior to the date of the public hearing by publishing in the City's officially designated newspaper, by posting the subject property in a conspicuous manner, and by mailing to the latest recorded real property owners within at least 300 feet of the boundary of the subject site as shown by the records of the County Assessor. D. The City Council's decision shall be final unless appealed to Clallam County Superior Court within twenty -one (21) days of such decision. Section 4. Ordinance 2655, as amended, and Title 15, Environment, shall be amended by amending Section 15.24 PAMC, Wetlands Protection, in its entirety to read as follows: Chapter 15.24 - 32 - WETLANDS PROTECTION Sections: 15.24.010 Findings of Fact and Purpose. 15.24.020 Definitions. 15.24.030 General Provisions. 15.24.040 Lands to Which this Chapter Applies. 15.24.045 Wetland Functional Assessment. 15.24.050 Regulated Activities and Allowed Activities. 15.24.060 Procedures for Wetland Permits. 15.24.070 Standards for Permit Decisions. 15.24.080 Temporary Emergency Permit - Enforcement. 15.24.090 Non - Conforming Activities. 15.24.100 Judicial Review 15.24.110 Amendments. 15.24.120 Assessment Relief. 15.24.010 - Findings of Fact and Purpose. A. Findings of Fact. The City Council of the City of Port Angeles hereby finds that: 1. Wetlands and their buffer areas are valuable and fragile natural resources with significant development constraints due to flooding, erosion, soil liquefaction potential, and septic disposal limitations. 2. In their natural state, wetlands provide many valuable social services and ecological .setvie� functions, including: a. controlling flooding and stormwater runoff by storing or regulating natural flows; b. protecting water resources by filtering out water pollutants, processing biological and chemical oxygen demand, recycling and storing nutrients, and serving as settling basins for naturally occurring sedimentation; c. providing areas for groundwater recharge; d. preventing shoreline erosion by stabilizing the substrate; e. providing habitat areas for many species of fish, wildlife, and vegetation, many of which are dependent on wetlands for their survival, and inany some of which are on Washington State and Federal Endangered Species lists; f. providing open space and visual relief from intense development in urbanized areas; g. providing recreation opportunities; and h. serving as areas for scientific study and natural resource education. 3. Development in wetlands results in: a. increased soil erosion and sedimentation of downstream water bodies, including navigable channels; b. increased shoreline erosion; - 33 - c. degraded water quality due to increased turbidity and loss of pollutant removal processes; d. elimination or degradation of wildlife and fisheries habitat; e. loss of fishery resources from water quality degradation, increased peak flow rates, decreased summer low flows, and changes in the streamflow regimen; f. loss of stormwater retention capacity and slow - release detention resulting in flooding, degraded water quality, and changes in the streamflow regimen of watersheds; g. loss of groundwater recharge areas. 4. Buffer areas surrounding wetlands are essential to maintenance and protection of wetland functions and values. Buffer areas protect wetlands from degradation by: a. stabilizing soil and preventing erosion; b. filtering suspended solids, nutrients, and harmful or toxic substances; c. moderating impacts of stormwater runoff; d. moderating system microclimate; e. protecting wetland wildlife habitat from adverse impacts; f. maintaining and enhancing habitat diversity and /or integrity; g. supporting and protecting wetlands plant and animal species and biotic communities; and h. reducing disturbances to wetland resources caused by intrusion of humans and domestic animals. 5. The loss of the social services and ecological services functions provided by wetlands results in a detriment to public safety and welfare; replacement of such J erviee� functions, if possible at all, can require considerable public expenditure. 6. A considerable acreage ofthese important natural resources has been lost or degraded by draining, dredging, filling, excavating, building, polluting, and other acts inconsistent with the natural uses of such areas. Remaining wetlands are in jeopardy of being lost, despoiled, or impaired by such acts. 7. It is therefore necessary for the City of Port Angeles to ensure maximum protection for wetland areas by discouraging development activities in wetlands and those activities at adjacent sites that may adversely affect wetland functions and values; to encourage restoration and enhancement of already degraded wetland systems; and to encourage creation of new wetland areas. B. Purpose. It is the policy of the City of Port Angeles to require site planning to avoid or minimize damage to wetlands wherever possible; to require that activities not dependent upon a wetland location be located at upland sites; and to achieve no net loss of wetlands by requiring restoration or enhancement of degraded wetlands or creation of new wetlands to offset losses which are unavoidable. In addition, it is the intent of the City of Port Angeles that activities in or affecting wetlands not threaten public safety, cause nuisances, or destroy or degrade natural wetland functions and values by: 1. impeding flood flows, reducing flood storage capacity, or impairing natural flood control functions, thereby resulting in increased flood heights, frequencies, or velocities on other lands; 2. increasing water pollution through location of domestic waste disposal systems in wetlands; unauthorized application of pesticides and herbicides; disposal of solid - 34 - waste at inappropriate sites; creation of unstable fills, or the destruction of wetland soils and vegetation; 3. increasing erosion; 4. decreasing breeding, nesting, and feeding areas for many species of waterfowl and shorebirds, including those rare and endangered; 5. interfering with the exchange of nutrients needed by fish and other forms of wildlife; 6. decreasing habitat for fish and other forms of wildlife; 7. adversely altering the recharge or discharge functions of wetlands, thereby impacting groundwater or surface water supplies; 8. significantly altering wetland hydrology and thereby causing either short- or long -term changes in vegetational composition, soils characteristics, nutrient cycling, or water chemistry; 9. destroying sites needed for education and scientific research, such as outdoor biophysical laboratories, living classrooms, and training areas; 10. interfering with public rights in navigable waters and the recreation opportunities provided by wetlands for fishing, boating, hiking, birdwatching, photography, and other passive uses; or 11. destroying or damaging aesthetic and property values, including significant public viewsheds. The purposes of this Chapter are to protect the public health, safety, and welfare by preventing the adverse environmental impacts of development enumerated in Section 15.24.010, and by: 1. preserving, protecting, and restoring wetlands by regulating development within them and their buffers; 2. protecting the public against losses from: a. unnecessary maintenance and replacement of public facilities, including the dredging of ports and navigation channels; b. publicly funded mitigation of avoidable impacts; c. cost for public emergency rescue and relief operations; and d. potential litigation from improper construction practices authorized for wetland areas; 3. alerting appraisers, assessors, owners, and potential buyers or lessees to the development limitations of wetlands; 4. providing City of Port Angeles officials with information to evaluate, approve, condition, or deny public or private development proposals; 5. adopting the Governor's interim goal of achieving no overall net loss in acreage and functions of Washington's remaining wetland base and the long -term goal of increasing the quantity and quality of Washington's wetland resource base; 6. implementing the goals and policies of the City of Port Angeles Comprehensive Plan encouraging development compatible with the environment of the City, encouraging development to provide open space, encouraging development to preserve and incorporate existing "unusual, unique and interesting natural features ", reducing development intensity as natural environmental constraints increase, and avoiding intensive development of sites with severe environmental constraints; - 35 - 7. implementing the policies of the Growth Management Act; the State Environmental Policy Act, Chapter 43.21 C RCW; the Puget Sound Water Quality Management Plan; Washington State Executive Order 90 -04; Port Angeles Environmental Policy Ordinance, Chapter 15.04 of the Port Angeles Municipal Code; Port Angeles Shoreline Management Ordinance, Chapter 15.08 of the Port Angeles Municipal Code; Port Angeles Flood Damage Prevention Ordinance, Chapter 15.12 of the Port Angeles Municipal Code; the Port Angeles Zoning Code; the Port Angeles Stormwater Management Plan; and all other present and future City of Port Angeles functional, environmental, and community plans, programs and ordinances. 15.24.020 - Definitions. In addition to definitions contained in Chapter 15.02, the following definitions shall apply. Where definitions exist in both 15.02 and 15.24.020, the definitions in 15.24.020 shall apply. hail apply: A. "Applicant" means a person who files an application for permit under this Chapter and who is either the owner of the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person. B. raaation taus y i �� iuij�a�L� to �tti Iat watvi and gratin clwat . r now, "Buffer" means an undisturbed area adjacent to a wetland area that is required to permanently remain in an undisturbed and untouched condition to protect or enhance the functions of the wetland area and is considered part of the wetland area. A buffer is different than a setback. C. "Clearing" means the removal of timber, brush, grass, ground cover, or other vegetative matter from a site which exposes the earth's surface on the site or results in the loss of forested areas. ED. "Compensation project" means actions necessary to replace project- induced wetland and wetland buffer losses, including land acquisition, planning, construction plans, monitoring, and contingency actions. fE. "Compensation" or "Compensatory mitigation" means replacing a form of mitigation that replaces project- induced wetland losses or impacts, and includes, but is not limited to, the -- fallowing restoration, enhancement, substitute resources, creation, and preservation which are defined as follows: "Resturatian" - Actions pk,rfu to re- est n ion Actions perfuimed to piu e k.,Ant���g - 36 - 1. "Restoration" means actions performed to reestablish wetlands or their buffer areas functional and value characteristics and processes which have been lost by alterations, activities, or catastrophic events within an area; a. Active steps taken to restore damaged wetlands, or their buffers to the functioning condition that existed prior to an alteration; and b. Actions performed to reestablish structural and functional characteristics of wetlands that have been lost by alteration, past management activities, or catastrophic events. 2. "Enhancement" means actions performed to improve the condition of an existing environmentally sensitive area so that the functions and values provided are of a higher quality; 3. "Substitute Resources" means actions performed to provide for an alternative environmentally sensitive area; or 4. "Creation" means actions performed to intentionally establish or expand an environmentally sensitive area where it did not formerly exist. 5. "Preservation" means actions taken to ensure the permanent protection of existing, high - quality environmentally sensitive areas. E "Cr 'tie aHlal,itat 'Hrreans habitat ncecssary far the survival of endangcrcd, F. "Developable Area" means an area of land outside of wetlands and wetland buffers. . li.,panment" in cans the Washington Stato D■-pa rtinent of Ecology. G. "Director" means the Director of Community Development or an authorized agent of the Director. II al ca. 3H. "Existing and ongoing agriculture" includes those activities conducted on lands defined in RCW 84.34.030(2), and those activities involved in the production of crops or livestock. For example, the operation and maintenance of farm and stock ponds or drainage ditches; operation and maintenance of ditches; irrigation systems including irrigation laterals, canals, or irrigation drainage ditches; changes between agricultural activities; and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. Forest practices are not included in this definition. ICI. "Extraordinary hardship" means strict application of this Chaplci Title and /or programs adopted to implement this Clrapl�i Title by the City of Port Angeles would prevent all reasonable economic use of the parcel. - 37 - MJ. "Functions ", "beneficial functions ", or "functions and values" means the beneficial roles served by wetlands, including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage; conveyance and attenuation; groundwater recharge and discharge; erosion control; wave attenuation; historical and archaeological and aesthetic value protection, protection from hazards„ and recreation. These beneficial roles are not listed in order or priority. NK. "High intensity land use" includes land uses which are associated with moderate or high levels of human disturbance or substantial wetland habitat impacts including, but not limited to, residential development greater than seven dwelling units per acre, i uni and higli • : , ' . : , active recreation, and commercial and industrial land uses. 9L. "High quality wetlands" are those regulated wetlands which meet the following criteria: 1. No, or isolated, human alteration of the wetland topography; 2. No human - caused alteration of the hydrology or else the wetland appears to have recovered from the alteration; 3. Low cover and frequency of exotic plant species; 4. Relatively little human - related disturbance of the native vegetation, or recovery from past disturbance; 5. If the wetland system is degraded, it still contains a viable and high quality example of a native wetland community; and 6. No known major water quality problems. PM. " Hydric Soil" means a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the "I'edcral Manual f 1 Identifying and Delineating Jurisdictional Wetlands" Washington State Department ofEcologv Wetland Identification and Delineation Manual. For the purposes of identifying wetland u. itical al ear environmentally sensitive areas, hydric soils that qualify as "prime agricultural soils" only through artificial means that will impair the existence of natural wetlands (specifically soils that are prime agricultural land only when drained), are considered potential wetlands indicators for the purposes of this Chapter, and are not to be considered agricultural resource lands. $N. "Hydrophytic vegetation" means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the : : : ' _ . ' Washington State Department of Ecology Wetland Identification and Delineation Manual. RO. "In -kind compensation" means to replace wetlands with substitute wetlands whose characteristics closely approximate those destroyed or degraded by a regulated activity. It does not mean replacement "in- category ". SP. "Isolated wetlands" means those regulated wetlands which: 1. are outside of and not contiguous to any 100 -year floodplain of a lake, river, or stream; and 2. have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. TO. "Low- intensity land use" includes land uses which are associated with low levels of human disturbance or low wetland habitat impacts, including, but not limited to, residential - 38 - density of seven or fewer dwelling units per acre, passive recreation, open space, or agricultural or forest management land uses. I:}R. "Mitigation" means taking measures including includes avoiding, minimizing, or compensating for adverse wetland impacts. Mitigation, in the following order of preference, is: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; 3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; 6. Monitoring the impact and the compensation project and taking appropriate corrective measures. Mitigation for individual actions may include a combination of the above measures. S. Non - Compensatory Enhancement: Non - compensatory enhancements are those wetland enhancement projects which are conducted solely to increase the functions and values of an existing wetland and which are not required to be conducted pursuant to the requirements of Section 15.24.070(H)(6). WT. "Off -site compensation" means to replace wetlands away from the site on which a wetland has been impacted by a regulated activity. XU. "On -site compensation" means to replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity. YV. "Out -of -kind compensation" means to replace wetlands with substitute wetlands whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. It does not refer to replacement "out -of- category ". ZW. "Practicable alternative" means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to regulated wetlands. It may include an area not owned by the applicant which could reasonably have been or be obtained, utilized, expanded, or managed in order to fulfill the basic purposes of the proposed activity. intern 1.10n ounctaly l�n twt,cn th laic of Washington and t f 1fCL 0 1 LSiiti� BB-X. "Regulated activities" means any of the following activities which are directly undertaken or originate in a regulated wetland or its buffer: 1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind; 2. The dumping, discharging, or filling with any material; 3. The draining, flooding, or disturbing of the water level or water table; - 39 - 4. The driving of pilings; 5. The placing of obstructions; 6. The construction, reconstruction, demolition, or expansion of any structure; 7. The destruction or alteration of wetlands vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a regulated wetland; provided that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules; or 8. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetlands water sources, including quantity, or the introduction of pollutants. CCY. "Regulated wetlands" means ponds twenty acres or less, including their submerged aquatic beds, and those lands defined as wetlands under the Federal Clean Water Act, 33 USC Sec. 1251 et seq., and rules promulgated pursuant thereto and shall be those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Regulated wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands created as mitigation and wetlands modified for approved land use activities shall be considered as regulated wetlands. Category I, II, III and IV wetlands are defined in Section 1524.040D, Wetlands Rating System. All Category I wetlands shall be considered regulated wetlands. Regulated wetlands do not include Category II and III wetlands less than 2,500 square feet and Category IV wetlands less than 10,000 square feet. Regulated wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. The applicant shall bear the burden of proving that the site was not previously a wetland. For identifying and delineating a regulated wetland, local government shall consider the latest version of th Wetlands" Washington State Department of Ecology Wetland Identification and Delineation Manual. DDZ. "Repair or maintenance" means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter additional regulated wetlands are not included in this definition. "ScruL- shrub wetland" means a legula ith at leapt 30 pCie141t �f 11L • • • S't11Iace area cov rcCi Vy-wvoay vcg 118r1 1css bran LU r.tt lri 11e1g11t as t11e upp . FFAA. "Serviceable" means presently usable. €€BB. "Unavoidable and necessary impacts" are impacts to regulated wetlands that remain after a person an applicant proposing to alter regulated wetlands has demonstrated that no additional mitigation measures are practicabl Essential to fulfill she purpose oftl1e proposLd project. HCC. "Wetlands ", for the purposes of inventory, incentives, and nonregulatory programs, means those lands transitional between terrestrial and aquatic systems where the - 40 - water table is usually at or near the surface or the land is covered by shallow water. For the purposes of this definition, wetlands must have one or more of the following attributes: 1. At least periodically, the land supports predominantly hydrophytes; 2. The substrate is predominantly undrained hydric soil; and 3. The substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year. 3JDD. "Wetland buffers" or "wetland buffer zones" is an area that surrounds and protects a wetland from adverse impacts to the functions and values of a regulated wetland. fEE. "Wetland classes ", "classes of wetlands ", or "wetland types" means descriptive classes of the wetlands taxonomic classification system ofthe L. Statks Fish a��d Wildlif1. Service (Cow Washington State Department of Ecolo.gy Wetland Identification and Delineation Manual. Wetlands include the following classes or types: 1. "Emergent wetland" means a regulated wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata. 2. "Forested wetland" means a regulated wetland with at least 20 percent of the surface area covered by woody vegetation greater than 20 feet in height. 3. "Scrub -shrub wetland" means a regulated wetland with at least 30 percent of its surface area covered by woody vegetation less than 20 feet in height as the uppermost stratum. 4. "Estuarine wetland" means a regulated wetland that consist of or are adjacent to tidal habitats and are usually semi - enclosed by land but often have open, partly obstructed, or sporadic access to saltwater, and in which saltwater is at least occasionally diluted by freshwater runoff from the land. Estuarine systems includes both estuaries and lagoons. LLFF. "Wetlands permit" means any permit issued, conditioned, or denied specifically to implement this Chapter. MMGG. "Wetland edge" means the boundary of a wetland as delineated based on the definitions contained in this Chapter. 15.24.030 - General Provisions. A. Abrogation and Greater Restrictions. It is not intended that this Chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail. B. Interpretation. The provisions of this Chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this Chapter. 15.24.040 - Lands to Which this Chapter Applies. A. Applicability. 1. When any provision of any other Chapter of the Port Angeles Municipal Code conflicts with this Chapter, that which provides more protection to wetlands and wetland buffers shall apply unless specifically provided otherwise in this Chapter. 2. The Planning Director is authorized to adopt written procedures for the purpose of carrying out the provisions of this Chapter. Prior to fulfilling the requirements of this Chapter, the City of Port Angeles shall not grant any approval or permission to conduct a - 41 - regulated activity in a wetland or wetland buffer, including but not limited to the following: building permit, commercial or residential; binding site plan; conditional use permit; franchise right -of -way construction permit; grading and clearing permit; master plan development; planned unit development; right -of -way permit; shoreline substantial development permit; shoreline variance; shoreline conditional use permit; shoreline environmental redesignation; unclassified use permit; variance; zone reclassification; subdivision; short subdivision; special use permit; utility and other use permit; or any subsequently adopted permit or required approval not expressly exempted by this Chapter. B. Maps and Inventory. This Chapter shall apply to all lots or parcels on which wetlands and /or wetland buffers are located within the jurisdiction of the City of Port Angeles. The approximate location and extent of wetlands in the City of Port Angeles is displayed on the following maps: 1. Wetlands identified on U. S. Fish and Wildlife Service National Wetlands Inventory Angeles Point, Ediz Hook, Elwha, Morse Creek, and Port Angeles maps. 2. Hydric soils and "wet spots" identified by the USDA Soils Conservation Service Soil Survey of Clallam County Area maps numbers 22, 31, 32, 33. 3. City of Port Angeles Composite Wetland Inventory and Hydric Soils map, as may be modified from time to time. These map resources are to be used as a guide to the general location and extent of wetlands. Wetlands not shown on these maps but meeting the criteria set forth in this Chapter are presumed to exist in the City of Port Angeles and are protected under all the provisions of this Chapter. In the event that any of the wetland designations shown on the maps conflict with the criteria set forth in this Chapter, the criteria shall control. C. Determination of Regulatory Wetland Boundary. The exact location of the wetland boundary shall be determined through the performance of a field investigation applying the wetland definition provided in Section 15.24.020 of this Chapter. Qualified professional and technical scientists shall perform wetland delineations using the latest version of the "Fc al Mdnitll f.,r IdEntify� a ng .1 g ictional Wetlands" "Washington State Wetlands Identification and Delineation Manual ". Publication #96 -94 Washington Department of Ecology 1997. An applicant for a wetland permit is required under Subsection 15.24.060C3 to show the location of the wetland boundary on a scaled drawing as a part of the permit application. The Planning Director of Community Development shall decide whether the scientists who perform the delineation of boundary requirement are retained by the applicant or by the City with the applicant paying the City for the costs in accordance with the provisions of Section 15.24.060C4 of this Chapter. Where the delineation is performed under the Planning Director's of Community Development's direction, such delineation shall be considered a final determination. Where the applicant has provided a delineation of the wetland boundary, the Planning Director of Community Development shall verify the accuracy of, and may render adjustments to, the boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the Planning Director of Community Development shall, at the applicant's expense, obtain expert services to render a final delineation. D. Wetlands Rating System. The following Washington State rating system is hereby adopted as the rating system for the City of Port Angeles. Wetlands buffer widths, replacement ratios, and avoidance criteria shall be based on these rating systems. - 42 - 1. Washington State Four -Tier Wetlands Rating System. a. Category I Criteria i. Documented habitat for endangered or threatened fish or animal species or for potentially extirpated plant species recognized by State or Federal agencies; or ii. High quality native wetland communities, including documented Category I or II quality Natural Heritage wetland sites and sites which qualify as a Category I or II quality National Heritage wetland; or iii. High quality, regionally rare wetland communities with irreplaceable ecological functions, including sphagnum bogs and fens, estuarine wetlands, or mature forested swamps; or iv. Wetlands of exceptional local significance. The criteria for such a designation shall be developed and adopted by the local jurisdiction under appropriate public review and administrative appeal procedures. The criteria may include, but not be limited to, rarity, groundwater recharge areas, significant habitats, unique educational sites, or other specific functional values within a watershed or other regional boundary. b. Category II Criteria i. Regulated wetlands that do not contain features outlined in Category I; and ii. Documented habitats for sensitive plant, fish, or animal species recognized by Federal or State agencies; or iii. Rare wetland communities listed in Subsection 15 .24.040D 1 aiii which are not high quality; or iv. Wetland types with significant functions which may not be adequately replicated through creation or restoration. v. Regulated wetlands with significant habitat value based on diversity and size. vi. Regulated wetlands contiguous with salmonid fish - bearing waters, including streams where flow is intermittent; or vii. Regulated wetlands with significant use by fish and wildlife. viii. Wetlands that contain plant, fish or animal species listed as priority species by the Department of Fish and Wildlife. c. Category III Criteria i. Regulated wetlands that do not contain features outlined in Category I, II, or IV. d. Category IV Criteria i. Regulated wetlands which do not meet the criteria of a Category I or II wetland; and ii. Isolated wetlands which are less than or equal to one (1) acre in size; and have only one wetland class; and have only one dominant plant species (monotypic vegetation); or iii. Isolated wetlands which are less than or equal to two (2) acres in size, and have only one wetland class and a predominance of exotic species. 2. Wetland rating categories shall be applied as the regulated wetland exists on the date of adoption of the rating system by the local government; as the regulated wetland may naturally change thereafter; or as the regulated wetland may change in accordance with - 43 - permitted activities. Wetland rating categories shall not be altered to recognize illegal modifications. 3. The City of Port Angeles shall apply the latest version of the Washington State Department of Ecology "Washington State Wetlands Rating System for Rating the Resource Value of Regulated Wetlands" and "Field Methodology" as its procedures for the wetland rating system. 4. The City of Port Angeles will initially rate wetlands based on information derived from available maps, reports, and similar materials. Wetlands may be reclassified into another category at a subsequent date should field surveys or other new materials warrant such action. 15.24.045 Wetland Functional Assessment Wetlands functional assessment section is intended to assist in establishing a values based system for reviewing and approving wetland permit requests and mitigation plans. The wording will bring the Port Angeles method of wetland protection into closer consistency with the Clallam County method of evaluations. Wetlands provide valuable functions in providing and /or facilitating high quality habitat for plant and animal species. Some of these plants and animals have been classified as endangered, threatened, or monitored species, either by the federal government or by the State of Washington. Most of the wetlands in Port Angeles do not provide primary habitat for these plants or animals; however, all wetland functions facilitate a quality environment in areas that do provide primary habitat. Water that enters streams, lakes, marine environments or groundwater eventually impacts habitat. Wetlands function to cleanse and cool those waters, as well as moderate the rate of flow into larger bodies of water. The functions of wetlands are discussed in more detail in following section. Wetlands shall be classified based on hydrology types specified in Table 1 and assessed on hydrologic functions as specified in Table 2. Wetland functions are also assessed through the Class I - Class IV as characterized in Section 15.24.040. Table 1 Classification of Wetland Hydrology Types Hydrology Type Landscape Position Water Source ** Water Output* Type 1 Shallow soils formed on glacial till on hillsides Perched Discharges to stream Type 2 Moderately deep soils found in basins and drainage ways formed in depressions in glacial drift on hills Perched Initiates streams Type 3 Very deep soils occurring on basins on low terraces formed in alluvium (i.e., stream deposited materials) Perched Enclosed basin Type 4 Wetlands found in depressions associated with coarse material over glacial till Unconfined aquifer Unconfined aquifer - 44 - Type 5 Very deep soils on level terraces and in valleys, formed in organic material Unconfined aquifer Initiates or supplements streamflow Type 6 Very deep soils on low level tereaces and floodplains formed in alluvium near marine shorelines Unconfined aquifer, tidally influenced Lower reaches of streams and marine waters Type 7 wetlands formed along the margin of surficial geological units that have a restrictive layer (i.e., glacial till), where they come into contact with unrestricted coarse units Perched or unconfined aquifer Unconfined aquifer Type 8 Wetlands formed within the floodplain of streams Stream discharges to wetland Wetland discharges to stream Type 9 Wetlands (e.g., bogs) located in depressions where water tables are at or near the surface normally year -round Precipitation Evapotranspiration Type 10 Floodplains underlain by glacial till Perched Discharges to stream Type 11 Wetlands associated with lakes Lake Lake Type 12 Wetlands located along marine shorelines behind coastal dunes, other land forms or structures Marine, tidally influenced Marine and evapotranspiration *Refers to the factors that control the sources(s) of water to a wetland and where the water goes after leaving the wetland. * *Refers to natural wetland hydrology (i.e., does not include hydrologic modifications.) 1.Wetland Hydrologic Functions shall be classified by the effect that classified wetland hydrology types have on the overall flow and quality of water in the watershed in comparison to nonwetland areas. For the purposes of this chapter, wetland hydrologic functions are defined as follows. a.Floodflow desynchronization. Ability of a wetland to retain/detain floodwaters in the upper watershed, reducing the severity of flooding and increasing the time of concentration above that which occurs in adjacent upslope areas. b.Surface water treatment. This wetland function is significant but not in the context that wetlands act as the major source of surface water flow. Although some wetlands do provide a significant amount of surface water to streams and rivers, the impacts are significant due to the fact that wetlands in contact with surface water flows are capable of treating water quality prior to its entry into the surface water body. i.Nutrient removal /transformation opportunity. Ability of a wetland to retain or transform inorganic phosphorus and /or nitrogen into their organic forms, or transform nitrogen into its gaseous form on either a net annual basis, or during the growing season. ii.Sediment /toxicant/bacterial retention. Ability of a wetland to retain suspended solids and chemical contaminants such s pesticides, pathogens, and heavy metals absorbed by them, on a net annual basis. - 45 - iii.Seawater Intrusion Prevention. Those wetlands which are the boundary between the unconfined aquifer and the marine environment. Loss of water supply or drainage of wetlands will likely increase seawater intrusion into estuarine wetlands. iv.Streamflow/channel maintenance. Wetlands that due to detention or groundwater discharge supply a significant proportion of streamflow during summer and fall. These areas regulate the amount and timing of stream energy and therefore are crucial to defining the shape of stream channels since they largely determine the shape of the hydrograph. v.Temperature maintenance. Those wetlands that provide thermal refuges during winter and summer months, due to influence from springs or contact with the unconfined aquifer. During summer months wetlands with this function are important as fish habitat for salmonids; during winter months, these wetlands provide waterfowl habitat by maintaining ice - free conditions. vi.Water availability. The ability of a wetland through hydrologic continuity to provide surface water for migratory and resident species based on the timing, duration, and depth of surface water availability. c.Groundwater recharge. This wetland function is significant but not in the context that wetlands act as the major locations of ground water recharge to aquifers. Although some wetlands do provide a significant amount of ground water recharge, ground water recharge is significant due to the fact that wetlands in contact with the aquifer are most susceptible to carrying pollutants to the aquifer. Conversely, ifmanaged properly, such wetlands could assist in the treatment of pollutants already carried in the aquifer. i.Nutrient removal /transformation opportunity. Ability of a wetland to retain or transform inorganic phosphorus and /or nitrogen into their organic forms, or transform nitrogen into its gaseous form on either a net annual basis, or during the growing season. ii.Sediment /toxicant/bacterial retention. Ability of a wetland to retain suspended solids and chemical contaminants such s pesticides, pathogens, and heavy metals absorbed to them, on a net annual basis. iii. Seawater Intrusion Prevention. Those wetlands which are the boundary between the unconfined aquifer and the marine environment. Loss of water supply or drainage of wetlands will likely increase seawater intrusion to unconfined aquifers supplying drinking water to coastal inhabitants. The City of Port Angeles has no unconfined aquifers that supply drinking water to coastal inhabitants. iv.Streamflow /channel maintenance. Wetlands that due to detention or groundwater discharge supply a significant proportion of streamflow during summer and fall. These areas regulate the amount and timing of stream energy and therefore are crucial to defining the shape of stream channels since they largely determine the shape of the hydrograph. v.Temperature maintenance. Those wetlands that provide thermal refuges during winter and summer months, due to influence from springs or contact with the unconfined aquifer. During summer months wetlands with this function are important as fish habitat for salmonids; during winter months, these wetlands provide waterfowl habitat by maintaining ice - free conditions. vi.Water availability. The ability of a wetland through hydrologic continuity to provide surface water for migratory and resident species based on the timing, duration, and depth of surface water availability. 2.Drinking water. Ability of a wetland to recharge, maintain, and /or enhance surface or ground water resources that yield potable water in sufficient quantities to be economically useful. - 46 - Provision of potable water in sufficient quantities to be economically useful is a low priority within the existing City limits. Table 2 Assessment of Wetland Hydrologic Functions Wetland Hydrology Types Hydrologic Function 1 2 3 4 5 6 7 8 9 10 11 12 Flood storage L L L L L L L H L L H Floodflow desynchronization L H L L H L L H H H Streamflow and channel maintenance L H N L* H H N H N Ground water recharge N N L H N L H H H H H - Temperature maintenance L H L H H H N L HL L - Sediment/bacterial removal L H H L H L L H H H' H N Nutrient removal L H L H H H H H H H H H Toxicant removal opportunity L HL H H H H H H H H H Seawater intrusion prevention N N N N N* H N N L N N N Drinking water L HL H H H H H H L H N Water availability f o r f i s h H H L L H H HL H H H Water availability for H H H amphibians Water availability for L H H migratory waterfowl Water availability for other wildlife L H H H H h = High functional value L = performs this function to a limited degree N = Does not perform function * = High value if associated with wetland hydrology 3.Wetland Habitat Functions. Wetland landscape functions shall be characterized and assessed based on existing wetland and adjacent upland conditions, landscape position, documented species use, and existing management /modifications pursuant to the criteria in subsections 2a through 2i of this section as they relate to the subject property or within the jurisdiction of this chapter as it applies to regulated wetlands. Based on these criteria, habitat functions shall be further classified into one of four wetland classes, as specified in Section 15.24.040D with Class I being the most functional and Class IV being the least functional. - 47 - a.Habitat type. Classify and delineate wetland habitat types based on the U. S. Fish an Wildlife Service Classification of Wetlands and Deepwater Habitats, Dated 1979, as now or hereafter amended. Identify the dominant vegetation communities associated with each classified wetland habitat type. b.Habitat diversity. Calculate both the total number of wetland habitat types and the different wetland habitat types identified in subsection 2a of this section for each wetland. c.Habitat size. Calculate the total wetland acreage and acreage of each individual habitat type identified in subsection 2a of this section for each wetland. d.Upland habitat type. Classify and delineate all lands into one or more of the following land cover categories: developed lands; agriculture; non - native plant species; water; native upland grasses; native forests less than twenty feet in height; native forest greater that twenty feet in height; and mature conifers. e.Significant habitat features. Identify and delineate the presence of significant habitat features including, but not limited to: estuaries, snags, islands, rare or unique plant communities, mature conifers, Class I wildlife habitat conservation areas, and /or wetlands classified as exhibition a high functional value of water availability for migratory waterfowl or other wildlife species. f.Species use. Identify and delineate all known priority habitats for species listed as species of concern or priority species. g.Anadromous fish use. Identify wetlands contiguous to Type 1 - 23 aquatic habitat conservation areas, or other waters containing anadromous fisheries recognized by local or state public agencies. h. Significant wildlife movement corridor. Identify whether one or more of the following areas is located within: i.Land and water areas designated as shorelines in the Shoreline Management Act of 1971 and the City of Port Angeles Shoreline master Program; ii.Lands designated as significant wildlife movement corridors, open space and greenbelt corridors; iii.Federal, state, and local parks, wildlife refuges, and other protected natural areas; iv.Easements or other dedicated lands granted to the City of Port Angeles or other organizations devoted to protection and management of critical areas, open spaces, or wildlife habitat. i.Management and modification. Identify existing management and alteration s of wetlands, and the impact of such actions on the above classification. Wetlands management activities include, but are not limited to: forestry, livestock grazing, agriculture, commercial recreation (e.g., golf courses), residential (e.g., lawns), public lands (e.g., parks, natural areas), and /or land not managed for any other use. Wetland alterations include, but are not limited to: flooding, impounding of water, excavation, filling, grading, draining, or discharge from irrigation or drainage facilities. 15.24.050 - Regulated Activities and Allowed Activities. A. Regulated Activities. A permit shall be obtained from local government prior to undertaking the following activities in a regulated wetland or its buffer, unless authorized by Subsection B below: 1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind; - 48 - 2. The dumping, discharging, or filling with any material; 3. The draining, flooding, or disturbing of the water level or water table. 4. The driving of pilings; 5. The placing of obstructions; 6. The construction, reconstruction, demolition, or expansion of any structure; 7. The destruction or alteration of wetlands vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a regulated wetland, provided that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules; or 8. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetlands water sources, including quantity, or the introduction of pollutants. Stormwater discharges from stormwater facilities or structures may be allowed when they are in accordance with City of Port Angeles' stormwater plan. The discharge shall not significantly increase or decrease the rate of flow and /or hydroperiod, nor decrease the water quality of the wetland. Pre - treatment of surface water discharge through biofiltration or other best management practices (BMPs) shall be required. 9. Road /street repair and construction. Any private or public road or street repair, maintenance, expansion or construction may be permitted, subject to the following standards: a. No other reasonable or practicable alternative exists and the road or street crossing serves multiple properties whenever possible; b. Publicly owned or maintained road or street crossings should provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc. and c. The road or street repair and construction are the minimum necessary to provide safe roads and streets. d. Mitigation shall be performed in accordance with specific project mitigation plan requirements. 10. Land Divisions and Land Use Permits. All proposed divisions of land and land uses (including but not limited to the following: short plats, subdivisions, planned residential developments, binding site plans, conditional use permits) which include regulated wetlands, shall comply with the following procedures and development standards: a. Regulated wetlands, except the area with permanent open water, and wetland buffers may be included in the calculation of minimum lot area for proposed lots provided that other standards, including subdivision (c) below, are met. b Land division approvals shall be conditioned to require that regulated wetlands and regulated wetland buffers be dedicated as open space tracts, or as an easement or covenant encumbering the wetland and wetland buffer. Such dedication, easement or covenant shall be recorded together with the land division and represented on the final plat, short plat or binding site plan, and title. c. In order to implement the goals and policies of this title, to accommodate innovation, creativity, and design flexibility, and to achieve a level of environmental protection that would not be possible by typical lot -by -lot development, the use of the clustered development or similar innovative site planning is strongly encouraged for projects with regulated wetlands on the site. - 49 - d. After preliminary approval and prior to final land division approval, the department may require that the common boundary between a regulated wetland or associated buffer and the adjacent land be identified using permanent signs and /or fencing. In lieu of signs and /or fencing, alternative methods of wetland and buffer identification may be approved when such methods are determined by the department to provide adequate protection to the wetland and buffer. 11. Trails and trail- related facilities. Construction of public and private trails and trail - related facilities, such as benches and viewing platforms may be allowed in wetlands or wetland buffers pursuant to the following guidelines: a. trails and related facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or any other previously disturbed areas. b. Trails and related facilities shall be planned to minimize removal of trees, soil disturbance and existing hyrdological characteristics, shrubs, snags and important wildlife habitat. c. Viewing platforms and benches, and access to them, shall be designed and locate to minimize disturbance of wildlife habitat and /or critical characteristics of the affected wetland. d. Trails and related facilities shall generally be located outside required buffers. Where trails are permitted within buffers they shall be located in the outer portion of the buffer and a minimum of thirty feet from the wetland edge, except where wetland crossings or viewing areas have been approved. e. Trails shall generally be limited to pedestrian use unless other more intensive uses, such as dike or horse trails, have been specifically allowed and mitigation has been provided. Trail width shall not exceed five feet unless there is a demonstrated need, subject to review and approval by the department. Trails shall be constructed with pervious materials unless otherwise approved be the department. 12. Parks. Development ofpublic park and recreation facilities may be permitted provided that the following standards are followed: No alteration of wetlands or wetland buffers is allowed except for such uses which are allowed below. For example enhancement of wetlands and development of trails may be allowed in wetlands and wetland buffers subject to special use requirements and approval of a wetland mitigation plan. B. Allowed Activities. The following uses shall be allowed within a wetland or wetland buffer to the extent that they are not prohibited by any other ordinance or law and provided they are conducted using best management practices, except where such activities result in the conversion of a regulated wetland or wetland buffer to a use to which it was not previously subjected, and provided further that forest practices and conversions shall be governed by Chapter 76.09 RCW and its rules: 1. Conservation or preservation of soil, water vegetation, fish, shellfish, and other wildlife that does not include changing the structure or functions of the existing wetland; 2. Outdoor recreational activities, including but not limited to fishing, birdwatching, hiking, boating, horseback riding, swimming, canoeing, and bicycling; 3. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the wetland by changing existing topography, water conditions, or water sources; - 50 - 4. Existing and ongoing agricultural activities, including farming, horticulture, aquaculture, irrigation, ranching or grazing of animals. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it was conducted has been converted to another use or has laid idle so long that modifications to the hydrological regime are necessary to resume operations; 5. The maintenance (but not construction) of drainage ditches; 6. Education, scientific research, and use of nature trails; 7. Navigation aids and boundary markers; 8. Boat mooring buoys; 9. Site investigative work necessary for land use application submittals, such as surveys, soil logs, percolation tests, and other related activities. In every case, wetland impacts shall be minimized and disturbed areas shall be immediately restored; and 10. The following uses are allowed within wetlands and /or wetland buffers provided that written notice at least ten days prior to the commencement of such work has been given to the Planning Director, and provided that wetland impacts are minimized and that disturbed areas are immediately restored: a. Normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Maintenance and repair does not include any modification that changes the character, scope, or size of the original structure, facility, or improved area and does not include the construction of a maintenance road; and b. Minor modification of existing serviceable structures within a buffer zone where modification does not adversely impact wetland functions. C. Special Permit Uses. Any activity other than those specified in Subsection B may not be conducted in wetlands or wetland buffers except upon issuance of a Wetland Permit by the Planning Director. 15.24.060 - Procedures for Wetland Permits. A. Permit Requirements, Compliance. Except as specifically provided in Section 15.24.050B, no regulated activity shall occur or be permitted to occur within a regulated wetland or wetland buffer without a written permit from the Planning Director. Any alteration approved by such written permit shall comply fully with the requirements and purposes of this Chapter, other applicable regulations, and any terms or conditions of said permit. All activities which are not allowed or permitted shall be prohibited. B. Wetland Permits, Extensions. Application for a Wetland Permit to conduct any regulated activity not specifically authorized by Section 15.24.050B within a wetland or wetland buffer shall be made to the Planning Director on forms furnished by his /her office. Permits shall normally be valid for a period of three years from the date of issue and shall expire at the end of that time, unless a longer or shorter period is specified by the Planning Director upon issuance of the permit. An extension of an original permit may be granted upon written request to the Planning Director by the original permit holder or the successor in title. Prior to the granting of an extension, the Planning Director shall require updated studies and /or additional hearings if, in his/her judgment, the original intent of the permit is altered or enlarged by the renewal; if the circumstances relevant to the review and issuance of the original permit have changed substantially; or if the applicant failed to abide by the terms of the original permit. -51 - C. Permit Applications. 1. Request for determination of applicability: Any person seeking to determine whether a proposed activity or an area is subject to this Chapter may request in writing a determination from the Planning Director. Such a request for determination shall contain plans, data, and other information as may be specified by the Planning Director. 2. Pre - Permit Consultations: Any person intending to apply for a Wetland Permit is strongly encouraged, but not required, to meet with the Planning Director during the earliest possible stages of project planning in order to discuss wetland impact avoidance and minimization and to discuss compensation, before large commitments have been made to a particular project design. Effort put into pre- application consultations and planning will help applicants create projects which will be more quickly and easily processed. 3. Information Requirements - Wetlands: Unless the Planning Director waives one or more of the following information requirements, applications for a Wetland Permit under this Chapter shall include a Wetland Report containing the following information: t g. ie pulp ases or tiie project alit an c-aplanatlan wtiy tlic props activity cannot lie beat,.. at other sits, iluding an explana is dcpendent upon wetlands or water - related resources as described in this Chapter, a d pow use p posea act�v� pccltic means to mitigat any potnti al ad v ei Sl. cu Vii uiuiiiii1aI iiiipaLt� a. Prepared by a qualified professional. A wetland report shall be prepared by qualified professional who is a wetland biologist, with experience preparing wetland reports. b. Area addressed in wetland report. The following areas shall be addressed in a wetland report. i. The project area of the proposed activity; ii. All wetlands and recommended buffers within three hundred (300) feet of the project area. iii. All shoreline areas, water features, flood plains, and other environmentally sensitive areas, and related buffers within three hundred (300) feet. - 52 - c. Wetland analysis. In addition to the minimum required contents of environmentally sensitive area reports, a wetland report shall contain an analysis of the wetlands including the following site- and proposal- related information at a minimum. i. A written assessment and accompanying maps of the wetlands and buffers within three hundred (300) feet of the project area, including the following information at a minimum: Wetland delineation and required buffers; a) Existing wetland acreage; Wetland category; vegetative, faunal, and hydrologic characteristics; (4) Soil and substrate conditions; and L5) Topographic elevations, at two -foot contours. ii. A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land use activity. iii. Proposed mitigation, if needed, including a written assessment and accompanying maps of the mitigation area, including the following information at a minimum: (1) Existing and proposed wetland acreage; (2) Vegetative, faunal, and hydrologic conditions; (3) Relationship within watershed and to existing water bodies; (4) Soil and substrate conditions, topographic elevations; (5) Existing and proposed adjacent site conditions; Required wetland buffers; and E) Property ownership iv. A discussion of ongoing management practices that will protect wetlands after the project site has been developed, including proposed monitoring and maintenance programs The Planning Director may require additional information, including but not limited to, an assessment of wetland functional characteristics, including a discussion of the methodology used; documentation of the ecological, aesthetic, economic, or other values of the wetland; a study of flood, erosion, or other hazards at the site and the effect of any protective measures that might be taken to reduce such hazards; and any other information deemed necessary to verify compliance with the provisions of this Chapter or to evaluate the proposed use in terms of the purposes of this Chapter. The Planning Director shall maintain and make available to the public, all information applicable to any wetland and its buffer. 4. Filing Fees: At the time of an application or request for delineation, the applicant shall pay a filing fee as determined by the Planning Director. Sufficient fees shall be charged to the applicant to cover the costs of evaluation of the application or request for delineation. These fees may be used by the Planning Director to retain expert consultants to provide services pertaining to wetland boundary determinations, functional assessments, and evaluation ofmitigation measures. As deemed necessary by the Planning Director, the Planning Director may assess additional reasonable fees as needed to monitor and evaluate permit compliance and mitigation measures. - 53 - 5. Notification: Upon receipt of the completed permit application, the Planning Director shall notify the individuals and agencies, including Federal and State agencies, having jurisdiction over or an interest in the matter, to provide such individuals and agencies an opportunity to comment. The Planning Director shall establish a mailing list of all interested persons and agencies who wish to be notified of such application. 6. Notice on Title: a. The owner of any property with field verified presence of wetland or wetland buffer pursuant to Subsection 15.24.040C, on which a development proposal is submitted shall file for record with the Clallam County Auditor a notice approved by the Planning Director in a form substantially as set forth in Subsection b. below. Such notice shall provide notice in the public record of the presence of a wetland or wetland buffer, the application of this Chapter to the property, and that limitations on actions in or affecting such wetlands and their buffers may exist. The applicant shall submit proof that the notice has been filed for record before the City of Port Angeles shall approve any development proposal for such site. The notice shall run with the land and failure to provide such notice to any purchaser prior to transferring any interest in the property shall be in violation of this Chapter. b. Form of Notice: WETLAND AND /OR WETLAND BUFFER NOTICE Legal Description: Present Owner: NOTICE: This property contains wetlands or their buffers as defined by City of Port Angeles Ordinance. The property was the subject of a development proposal for (type of permit) application # filed on (date) _ . Restrictions on use or alteration of the wetlands or their buffers may exist due to natural conditions of the property and resulting regulations. Review of such application has provided information on the location of wetlands or wetland buffers and restrictions on their use through setback areas. A copy of the plan showing such setback areas is attached hereto. (Signature of owner) STATE OF WASHINGTON ) ) SS: COUNTY OF CLALLAM ) On this day personally appeared before me to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein stated. - 54 - Given under my hand and official seal this day of +920 NOTARY PUBLIC in and for the State of Washington, residing at D. Permit Processing. 1. Consolidation: The Planning Director shall, to the extent practicable and feasible, consolidate the processing of wetlands - related aspects of other City of Port Angeles regulatory programs which affect activities in wetlands, such as subdivision, clearing and grading, floodplain, and environmentally sensitive areas, with the Wetland Permit process established herein so as to provide a timely and coordinated permit process. 2. Completeness of Application: No later than 28 working days after receipt of the permit application, the Planning Director shall notify the applicant as to the completeness of the application. An application shall not be deemed complete until and unless all information necessary to evaluate the proposed activity, its impacts, and its compliance with the provisions of this Chapter have been provided to the satisfaction of the Planning Director. Such determination of completeness shall not be construed as an approval or denial of the permit application. 3. Permit Action: a. Upon receipt of a complete application for a permit authorizing activities on a Category I wetland or its buffer, the City of Port Angeles shall submit the application to the Washington State Department of Ecology for its review and comment. When such permits applications are submitted, the Washington State Department of Ecology should submit its comments or should request an extension of the review period within 30 days. Extensions may be up to 30 days in length. When submitted, no permit shall be issued under this Subsection prior to receipt of such comments or the expiration of the time period or any extension. b. The Planning Director shall approve, approve with conditions, or deny a permit application based on compliance with the standards and requirements of this Chapter. The Planning Director's decision shall include written findings. 15.24.070 - Standards for Permit Decisions. A. A permit shall only be granted if the permit, as conditioned, is consistent with the provisions of this Chapter. Additionally, permits shall only be granted if: 1. A proposed action avoids adverse impacts to regulated wetlands, its functions, or their buffers or takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; 2. The proposed activity results in no net loss of wetland area and function; or 3. Denial of a permit would cause an extraordinary hardship on the applicant. B. Wetlands permits shall not be effective and no activity thereunder shall be allowed during the time provided to file a permit appeal. C. Wetland Buffers: - 55 - 1. Standard Buffer Zone Widths: Wetland buffer zones shall be required for all regulated activities adjacent to regulated wetlands. Any wetland created, restored, or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field, pursuant to the applicable definitions in 15.24.020. The width of the wetland buffer zone shall be determined according to wetland category and the intensity of the proposed land use, as follows: a. Category I High intensity 300 feet Low intensity 200 feet b. Category II High intensity 200 feet Low intensity 100 feet c. Category III High intensity 100 feet Low intensity 50 feet d. Category IV High intensity 50 feet Low intensity 25 feet 2. Increased Wetland Buffers Zone Width: The Planning Director shall require increased standard buffer zone widths on a case -by -case basis when a larger buffer is necessary to protect wetlands functions and values, based on local conditions. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the regulated wetland. Such determination shall be attached as a permit condition and shall demonstrate that: a. a larger buffer is necessary to maintain viable populations of existing species; or b. the wetland is used by species proposed or listed by the Federal Government or the State as endangered, threatened, rare, monitor, or sensitive, critical or outstanding potential habitat for those species, or has unusual nesting or resting sites, such as heron rookeries or raptor nesting trees; or c. the adjacent land is susceptible to severe erosion, and erosion control measures will not effectively prevent adverse wetland impacts; or d. the adjacent land has minimal vegetative cover or slopes greater than 15 percent. 3. Reduction of Standard Wetland Buffer Zone Width: The Planning Director may reduce the standard wetland buffer zone widths on a case -by -case basis where it can be demonstrated that: a. the adjacent land is extensively vegetated and has less than 15 percent slopes and that no direct or indirect, short-term or long -term, adverse impacts to regulated wetlands, as determined by the Planning Director, will result from a regulated activity. The Planning Director may require long -term monitoring of the project and subsequent corrective actions if adverse impacts to regulated wetlands are discovered; or b. the project includes a buffer enhancement plan using native vegetation which substantiates that an enhanced buffer will improve the functional attributes of the buffer - 56 - to provide additional protection for wetlands functions and values. An enhanced buffer shall not result in greater than a 25 percent reduction in the buffer width, and the reduced buffer shall not be less than 25 feet. 4. Standard Wetland Buffer Width Averaging: Standard wetland buffer zones may be modified by averaging buffer widths. Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following: a. that averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property; b. that the wetland contains variations in sensitivity due to existing physical characteristics; c. that low intensity land uses would be located adjacent to areas where buffer width is reduced, and that such low intensity land uses are guaranteed in perpetuity by covenant, deed restriction, easement, or other legally binding mechanism; d. that width averaging will not adversely impact the wetland functional values; and e. that the total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance shall the buffer width be reduced by more than 50 percent of the standard buffer or be less than 25 feet. 5. When applicable the order of sequence for buffer reductions shall be as follows. a. Use of buffer averaging maintaining one hundred percent of the buffer area under the standard buffer requirement: b. Reduction of the overall buffer area by no more than twenty -five percent of the area required under the standard buffer requirement; c. enhancement of existing degraded buffer area and replanting of the disturbed buffer area; d. Infiltration of stormwater where soils permit; e. Retention of existing native vegetation on other portions of the site in order to offset habitat loss from buffer reduction. 56. Except as otherwise specified, wetland buffer zones shall be retained in their undisturbed natural condition except where the buffer can be enhanced to improve its fuctional attributes. Buffers that are in their natural condition should not be altered and should remain in their natural condition, and be enhanced whenever possible. Any buffer enhancement and /or limited view clearing activity must be reviewed and approved by the department. No refuse shall be placed in the buffer. Where buffers have been altered or disturbance has occurred during construction, rcvcgctation with native vegctation may be requircd and ecological functions and values have been lost, restoration is required to replace lost functions and values. 67. Permitted Uses in a Wetland Buffer Zone: Regulated activities shall not be allowcd in a buffcr zonc cxccpt for the following. a. activities navmg minimal aavcrsc impacts on butters and no aavcrs or caucanonai activities, an sports nsning or nunnng, - 57 - wctlands, stormwatcr managcmcnt , acvciopmcnt navmg no In addition to those activities allowed in regulated wetlands in this Section, the following activities are allowed in wetland buffers without having to meet the protection standards, or requirements for wetland studies or mitigation set forth in this section, provided that impacts to buffers are minimized and that disturbed areas are immediately restored. a. In association with a single family residence only, the establishment and expansion of lawns, landscaping, orchards, gardens, and fences, provided that: i Lawns, landscaping, orchards, and gardens shall be allowed within the outer 25 percent of the buffer width where no reasonable alternative is available. No structure other than fences nor any impervious surface shall be included in the above. No pesticides, herbicides or fertilizers may be used in wetland buffers., and ii Fences shall be designed to allow the unimpeded passage of surface water beneath them. b. Activities having minimal adverse impacts on buffers and no adverse impacts on regulated wetlands. These include low intensity, passive recreational activities such as pervious trails, nonpermanent wildlife watching blinds, and scientific or educational activities. Trails within buffers shall be designed to minimize impacts to the wetland, and shall not include any impervious surfaces. c. Within the buffers of Category III and IV wetlands only, vegetation - lined swales designed for stormwater management or conveyance when topographic restraints determine there are no other upland alternative location. Swales used for detention purposes may only be placed in the outer 25% of the buffer. Conveyance swales may be placed through the buffer, if necessary. 78. Building and Impervious Surface Setback Lines: A building or impervious surface setback line of fifteen (15) feet is required from the edge of any wetland buffer. Minor structural impervious surface intrusions into the area of the building setback may be allowed if the Planning Director determines that such intrusions will not negatively impact the wetland. The setback shall be identified on a site plan which is filed as an attachment to the notice on title required by Subsection 15.24.06006. D. Avoiding Wetland Impacts: 1. Regulated activities shall not be authorized in a regulated wetland except where it can be demonstrated that the impact is both unavoidable and necessary or that all reasonable economic uses are denied. 2. With respect to Category I wetlands, an applicant must demonstrate that denial of the permit would impose an extraordinary hardship on the part of the applicant brought about by circumstances peculiar to the subject property. 3. With respect to Category II and III wetlands, the following provisions shall apply: a. For water - dependent activities, unavoidable and necessary impacts can be demonstrated where there are no practicable alternatives which would not involve a wetland or which would not have less adverse impact on a wetland, and would not have other significant adverse environmental consequences. - 58 - b. Where nonwater- dependent activities are proposed, it shall be presumed that adverse impacts are avoidable. This presumption may be rebutted upon a demonstration that: i. the basic project purpose cannot reasonably be accomplished utilizing one or more other sites in the general region that would avoid, or result in less, adverse impact on a regulated wetland; and ii. a reduction in the size, scope, configuration, or density of the project as proposed and all alternative designs of the project as proposed that would avoid, or result in less, adverse impact on a regulated wetland or its buffer will not accomplish the basic purpose of the project; and iii. in cases where the applicant has rejected alternatives to the project as proposed due to constraints such as zoning, deficiencies of infrastructure, or parcel size, the applicant has made reasonable attempts to remove or accommodate such constraints. 4. With respect to Category IV wetlands, unavoidable and necessary impacts can be demonstrated where the proposed activity is the only reasonable alternative which will accomplish the applicant's objectives. E. Reasonable Use Exception: 1. If an applicant for a development proposal demonstrates to the satisfaction of the Planning Director that application of these standards would deny all reasonable economic use of the property, development as conditioned may be allowed if the applicant also demonstrates all of the following to the satisfaction of the Planning Director: a. that the proposed project is water - dependent or requires access to the wetland as a central element of its basic function, or is not water - dependent but has no practicable alternative, pursuant to Subsection 15.24.070D; b. that no reasonable use with less impact on the wetland and its buffer is possible (e.g., agriculture, aquaculture, transfer or sale of development rights or credits, sale of open space easements, etc.); c. that there is no feasible on -site alternative to the proposed activities, including reduction in density, phasing of project implementation, change in timing of activities, revision of road and lot layout, and /or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to wetlands and wetland buffers; d. that the proposed activities will result in minimum feasible alteration or impairment to the wetland's functional characteristics and its existing contours, vegetation, fish and wildlife resources, and hydrological conditions; e. that disturbance of wetlands has been minimized by locating any necessary alteration in wetland buffers to the extent possible; f. that the proposed activities will not jeopardize the continued existence of endangered, threatened, rare, sensitive, or monitor species as listed by the Federal government or the State of Washington; g. that the proposed activities will not cause significant degradation of groundwater or surface water quality; - 59 - h. that the proposed activities comply with all State, local, and Federal laws, including those related to sediment control, pollution control, floodplain restrictions, and on -site wastewater disposal; i. that any and all alterations to wetlands and wetland buffers will be mitigated as provided in Subsection 15.24.070H7; j. that there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and k. that the inability to derive reasonable economic use of the property is not the result of actions by the applicant in segregating or dividing the property and creating the undevelopable condition after the original effective date of this Chapter. 2. If the Planning Director determines that alteration of a wetland and /or wetland buffer is necessary and unavoidable, the Planning Director shall set forth in writing in the file he maintains regarding a permit application his findings with respect to each of the items listed in this Subsection. 3. Alternatively, if the Planning Director determines that application of these standards would deny all reasonable economic use of the property, the City may take the property for public use with just compensation being made. F. Minimizing Wetlands Impacts: 1. After it has been determined by the Planning Director pursuant to Subsection 15.24.070D that losses of wetland are necessary and unavoidable or that all reasonable economic use has been denied, the applicant shall take deliberate measures to minimize wetland impacts. 2. Minimizing impacts to wetlands shall include but is not limited to: a. limiting the degree or magnitude of the regulated activity; b. limiting the implementation of the regulated activity; c. using appropriate and best available technology; d. taking affirmative steps to avoid or reduce impacts; e. sensitive site design and siting of facilities and construction staging areas away from regulated wetlands and their buffers; f. involving resource agencies early in site planning; and g. providing protective measures and best management practices, such as siltation curtains, hay bales, and other siltation prevention measures; scheduling the regulated activity to avoid interference with wildlife and fisheries rearing, resting, nesting, or spawning activities. G. Limited Density Transfer : For development proposals on lands containing wetland buffers, the Planning Director shall determine allowable dwelling units for residential development proposals based on the formulas below. The following formula for density calculations is designed to provide incentives for the preservation of wetlands and wetland buffers, flexibility in design, and consistent treatment of different types of development proposals. The formula shall apply to all properties within existing residential zones on which wetlands and wetland buffers are located. - 60 - The maximum number of dwelling units (DU) for a lot or parcel which contains wetlands and wetland buffers shall be equal to: (Acres in Wetland Buffer)(DU /Acre)(Density Credit). The density credit figure is derived from the following table: Percentage of site in buffers Density Credit 1 -10% 100% 11-20% 90% 21-30% 80% 31-40% 70 % 41-50% 60 % 51-60% 50 % 61-70% 40 % 71-80% 30 % 81 -90% 20% 91 -99% 10% The density credit can only be transferred within the development proposal site. To the extent that application of the formula may result in lot sizes less than the minimum allowed by the underlying district, they are hereby authorized, provided that the resultant lot is of sufficient size for an on -site waste disposal system if no sanitary sewer system exists. Should the density credit allow average lot size to fall below the minimum standard allowed by underlying zoning, the applicant shall use Planned Residential Development procedures for project review. The Planning Director shall not allow credit for density for the portions of the site occupied by wetlands. H. Acting on the Application: 1. Special Use Permit Conditions: a. Sensitive Area Tracts: As a condition of any permit issued pursuant to this Chapter, the permit holder may be required to create a separate sensitive area tract or tracts containing the areas determined to be wetland and /or wetland buffer in field investigations performed pursuant to Subsection 15.24.040C. Sensitive area tracts are legally created tracts containing wetlands and their buffers that shall remain undeveloped in perpetuity. Sensitive area tracts are an integral part of the lot in which they are created; are not intended for sale, lease or transfer; and shall be included in the area of the parent lot for purposes of subdivision method and minimum lot size. i. Protection of Sensitive Area Tracts: The Planning Director shall require, as a condition of any permit issued pursuant to this Chapter, that the sensitive area tract or tracts created pursuant to Subsection 15.24.070111 be protected by one of the following methods: (A) The permit holder shall convey an irrevocable offer to dedicate to the City of Port Angeles or other public or non - profit entity specified by the Planning Director, an easement for the protection of native vegetation within a wetland and /or its buffer; or - 61 - (B) The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of all lots containing a sensitive area tract or tracts created as a condition of this permit. Such deed restriction(s) shall prohibit in perpetuity the development, alteration, or disturbance of vegetation within the sensitive area tract except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City of Port Angeles, and any other agency with jurisdiction over such activity. b. The deed restriction shall also contain the following language: "Before beginning and during the course of any grading, building construction, or other development activity on a lot or development site subject to this deed restriction, the common boundary between the area subject to the deed restriction and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Port Angeles." c. Regardless of the legal method of protection chosen by the Planning Director, responsibility for maintaining sensitive area tracts shall be held by a homeowners association, adjacent lot owners, the permit applicant or designee, or other appropriate entity as approved by the Planning Director. d. The following note shall appear on the face of all plats, short plats, PRDs, or other approved site plans containing separate sensitive area tracts, and shall be recorded on the title of record for all affected lots: "NOTE: All lots adjoining separate sensitive area tracts identified as Native Vegetation Protection Easements or protected by deed restriction, are responsible for maintenance and protection of the tracts. Maintenance includes ensuring that no alterations occur within the separate tract and that all vegetation remains undisturbed for other than natural reasons, unless the express written authorization of the City of Port Angeles has been received. " e. The common boundary between a separate sensitive area tract and the adjacent land must be permanently identified. This identification shall include permanent wood or metal signs on treated wood or metal posts. Signs shall be worded as follows: "Protection of this natural area is in your care. Alteration or disturbance is prohibited by law. Please call the Port Angeles Planning Department for more information." f. Sign locations and size specifications shall be approved by the Planning Director. The Planning Director shall require permanent fencing of the sensitive area tract or tracts when there is a substantial likelihood of the presence of domestic grazing animals within the development proposal. The Planning Director shall also require as a permit condition that such fencing be provided if, subsequent to approval of the development proposal, domestic grazing animals are in fact introduced. g. Additional Conditions: i. The location of the outer extent of the wetland buffer and the areas to be disturbed pursuant to an approved permit shall be marked in the field, and such field marking shall be approved by the Planning Director prior to the commencement of - 62 - permitted activities. Such field markings shall be maintained throughout the duration of the permit. ii. The Planning Director may attach such additional conditions to the granting of a special use permit as deemed necessary to assure the preservation and protection of affected wetlands and to assure compliance with the purposes and requirements of this Chapter. 2. Bonding: a. Performance Bonds: The Planning Director may require the applicant of a development proposal to post a cash performance bond or other security acceptable to the Planning Director in an amount and with surety and conditions sufficient to fulfill the requirements of Subsection 15.24.070116 and, in addition, to secure compliance with other conditions and limitations set forth in the permit. The amount and the conditions of the bond shall be consistent with the purposes of this Chapter. In the event of a breach of any condition of any such bond, the City of Port Angeles may institute an action in a court of competent jurisdiction upon such bond and prosecute the same to judgment and execution. The Planning Director shall release the bond upon determining the following, provided that prior to such written release of the bond, the principal or surety cannot be terminated or canceled; i. All activities, including any required compensatory mitigation, have been completed in compliance with the terms and conditions of the permit and the requirements of this Chapter; ii. The posting by the applicant of a maintenance bond has occurred. b. Maintenance Bonds: The Planning Director shall require the holder of a development permit issued pursuant to this Chapter to post a cash performance bond or other security acceptable to the Planning Director in an amount and with surety and conditions sufficient to guarantee that structures, improvements, and mitigation required by the permit or by this Chapter perform satisfactorily for a minimum of two (2) years after they have been completed. The Planning Director shall release the maintenance bond upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements, and /or compensatory mitigation have been satisfactorily met for the required period. For compensation projects, the performance standards shall be those contained in the mitigation plan developed and approved during the permit review process, pursuant to Subsection 15.24.070117. The maintenance bond applicable to a compensation project shall not be released until the Planning Director determines that performance standards established for evaluating the effect and success of the project have been met. 3. Other Laws and Regulations: No permit granted pursuant to this Chapter shall remove an applicant' s obligation to comply in all respects with the applicable provisions of any other Federal, State, or local law or regulation, including but not limited to the acquisition of any other required permit or approval. 4. Suspension or Revocation: In addition to other penalties provided for elsewhere, the Planning Director may suspend or revoke a permit if he/she finds that the - 63 - applicant or permittee has not complied with any or all of the conditions or limitations set forth in the permit; has exceeded the scope of work set forth in the permit; or has failed to undertake the project in the manner set forth in the approved application. 5. Publication of Notice: The Planning Director shall cause notice of his /her denial, issuance, conditional issuance, revocation, or suspension of a permit to be published in a daily newspaper having a broad circulation in the area wherein the wetland lies. Such notice shall be published within five (5) working days of the decision or order and shall include at least the following: a. A brief description of the project, including location; b. The decision or order of the City with respect to the project; c. Notification that the permit file is open for public inspection during regular business hours, and the address where such file may be inspected; and d. A statement of the procedures regarding appeal or judicial review of the decision, if applicable. 6. Compensating for Wetlands Impacts: As a condition of any permit allowing alteration of wetlands and /or wetland buffers, or as an enforcement action pursuant to Subsection 15.24.080C, the Planning Director shall require that the applicant engage in the restoration, creation, or enhancement of wetlands and their buffers in order to offset the impacts resulting from the applicant's or violator's actions. The applicant shall develop a plan which provides for land acquisition, construction, maintenance, and monitoring of replacement wetlands that recreate as nearly as possible the original wetlands in terms of acreage, function, geographic location and setting, and that are larger than the original wetlands. The overall goal of any compensatory project shall be no net loss of wetlands function and acreage and to strive for a new resource gain in wetlands over present conditions. Compensation shall be completed prior to wetland destruction, where possible. Compensatory mitigation shall follow an approved mitigation plan pursuant to Subsection 15.24.070H7 and shall meet the following minimum performance standards: a. Given the uncertainties in scientific knowledge and the need for expertise and monitoring, wetland compensatory projects may be permitted only when the Planning Director finds that the compensation project is associated with an activity or development otherwise permitted and that the restored, created, or enhanced wetland will be as persistent as the wetland it replaces. Additionally, applicants shall: i. demonstrate sufficient scientific expertise, supervisory capability, and financial resources to carry out the project; ii. demonstrate the capability for monitoring the site and to make corrections during this period if the project fails to meet projected goals; and iii. protect and manage ntent or provide for the protection and management of the compensation area to avoid further development or degradation and to provide for long -term persistence of the compensation area. b. Wetlands Restoration and Creation: i. Any person who alters regulated wetlands shall restore or create equivalent areas or greater areas of wetlands than those altered in order to compensate for wetland losses. - 64 - ii. Where feasible, restored or created wetlands shall be a higher category than the altered wetland. iii. Compensation areas shall be determined according to function, acreage, type, location, time factors, ability to be self - sustaining, and projected success. Wetland functions and values shall be calculated using the best professional judgment of a qualified wetland ecologist using the best available techniques. Multiple compensation projects may be proposed for one project in order to best achieve the goal of no net loss. iv. Acreage replacement ratio. The following ratios apply to creation or restoration which is in -kind, on -site, timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to remedial actions resulting from illegal alterations. The first number specifies the acreage of wetlands requiring replacement and the second specifies the acreage of wetlands altered. Category I 6:1 Category II or III Forested 3:1 Scrub -shrub 2:1 Emergent 1.5:1 Category IV 1.25:1 (A) Increased Replacement Ratio: The Planning Director may increase the ratios under the following circumstances: (1) uncertainty as to the probable success of the proposed restoration or creation; (2) significant period of time between destruction and replication of wetland functions; (3) projected losses in functional value; or (4) off -site compensation. (B) Decreased Replacement Ratio: The Planning Director may decrease these ratios based on findings of special studies coordinated with agencies with expertise which demonstrate that no net loss of wetland function or value is attained under the decreased ratio. (C) In all cases, a minimum acreage replacement ratio of 1:1 shall be required. c. Wetlands Enhancement: i. Any applicant proposing to alter wetlands may propose to enhance existing significantly degraded wetlands in order to compensate for wetland losses. Applicants proposing to enhance wetlands shall identify how enhancement conforms to the overall goals and requirements of the local wetlands protection program and established regional goals. ii. A wetlands enhancement compensation project shall be determined pursuant to Subsection 15.24.070H6, provided that enhancement for one function and value will not degrade another function or value and that acreage replacement ratios shall be doubled to recognize existing functional values and, provided further, that Category I wetlands shall not be enhanced. - 65 - 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. - 66 - g. Cooperative Restoration, Creation, or Enhancement projects: i. The Planning Director may encourage, facilitate, and approve cooperative projects wherein a single applicant or other organization with demonstrated capability may undertake a compensation project with funding from other applicants under the following circumstances: (A) restoration, creation, or enhancement at a particular site may be scientifically difficult or impossible; or (B) creation of one or several larger wetlands may be preferable to many small wetlands. ii. Persons proposing cooperative compensation projects shall: (A) submit a joint permit application; (B) demonstrate compliance with all standards; (C) demonstrate the organizational and fiscal capability to act cooperatively; and (D) demonstrate that long -term management can and will be provided. 7. Non - Compensatory Enhancement: Non - compensatory enhancements are those wetland enhancement projects which are conducted solely to increase the functions and values of an existing wetland and which are not required to be conducted pursuant to the requirements of Section 15.24.070(H)(6). There are two types of non - compensatory enhancement: a. Type 1 Non - Compensatory Enhancement. Type 1 non - compensatory enhancement projects involve the filling, draining, or excavating of a regulated wetland. All applications for Type 1 non - compensatory enhancement projects shall be accompanied by an enhancement plan prepared in accordance with subsections (i)(A) - (B), below, which demonstrates that the proposed activities will result in an increase in wetland functions and values. (i)The enhancement plan must be submitted for review and approval by the Director of Community Development: (ii). The enhancement plan must either be prepared by a qualified wetlands consultant or accepted in writing by the U.S. Fish and wildlife Service, and the Washington Department of Fish and Wildlife, or the Washington Department of Ecology. b. Type 2 Non - Compensatory Enhancement. Type 2 non - compensatory enhancement projects involve wetland alterations that do not include the filling, draining, or excavation of a regulated wetland. Such projects might involve the removal of non - native plant species. All application for Type 2 non - compensatory enhancement projects shall be accompanied by an enhancement plan prepared in accordance with subsections (ii)(A) -(B), below, which demonstrates that the proposed activities will result in an increase in wetland functions and values. the enhancement plan shall be submitted for review and approval by the Director of Community Development; (ii) The enhancement plan must include a detailed description of the activity including the following information: (A) The goal of the enhancement project; (B) What plants, if any, will be removed or planted; - 67 - (C) How the activity will be conducted, including the type(s) of tools or machinery to be used and (D) The qualifications of the individual who will be conducting the enhancement activity. (iii) The enhancement plan must either be prepared by a qualified wetlands consultant or accepted in writing by the U.S. Fish and Wildlife Service, the Washington Department of Fish and Wildlife, or the Washington department of Ecology. d. Wetland Type: i. In -Kind compensation shall be provided except where the applicant can demonstrate that: (A) the wetland system is already significantly degraded and out -of -kind replacement will result in a wetland with greater functional value; (B) scientific problems, such as exotic vegetation and changes in watershed hydrology make implementation of in -kind compensation impossible; or (C) out -of -kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types). (D) Where out -of -kind replacement is accepted, greater acreage replacement ratios may be required to compensate for lost functional values. e. Location: i. On -site compensation shall be provided except where the applicant can demonstrate that: (A) the hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the on -site loss; and (B) on -site compensation is not scientifically feasible due to problems with hydrology, soils, waves, or other factors; or (C) compensation is not practical due to potentially adverse impact from surrounding land uses; or (D) existing functional values at the site of the proposed restoration are significantly greater than lost wetland functional values; or (E) that established regional goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify location of compensatory measures at another site. ii. Off -site compensation shall occur within the same watershed as the wetland loss occurred; provided that Category IV wetlands may be replaced outside of the watershed when there is no reasonable alternative. iii. In selecting compensation sites, applicants shall pursue siting in the following order of preference: (A) upland sites which were formerly wetlands; (B) idled upland sites generally having bare ground or vegetative cover consisting primarily of exotic introduced species, weeds, or emergent vegetation; (C) other disturbed upland. f. Timing: i. Where feasible, compensation projects shall be completed prior to activities that will disturb wetlands, and immediately after activities that will temporarily - 68 - disturb wetlands. In all other cases, except for Category I wetlands, compensatory projects should be completed prior to use or occupancy of the activity or development which was conditioned upon such compensation. Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora. g_ Cooperative Restoration, Creation, or Enhancement projects: i. The Director of Community Development may encourage, facilitate, and approve cooperative projects wherein a single applicant or other organization with demonstrated capability may undertake a compensation project with funding from other applicants under the following circumstances: (A) restoration. creation, or enhancement at a particular site may be scientifically difficult or impossible; or (B) creation of one or several larger wetlands may be preferable to many small wetlands. ii. Persons proposing cooperative compensation projects shall: submit a joint permit application; demonstrate compliance with all standards; demonstrate the organizational and fiscal capability to act cooperatively; and SDI demonstrate that long -term management can and will be provided. 78. Mitigation Plans: All wetland restoration, creation, and /or enhancement projects required pursuant to this Chapter, either as a permit condition or as the result of an enforcement action, shall follow a mitigation plan prepared by qualified wetland professionals approved by the Planning Director. The applicant or violator shall receive written approval of the mitigation plan by the Planning Director prior to commencement of any wetland restoration, creation, or enhancement activity. Unless the Planning Director, in consultation with qualified wetland professionals, determines, based on the size and nature of the development proposal, the nature of the impacted wetland, and the degree of cumulative impacts on the wetland from other development proposals, that the scope and specific requirements of the mitigation plan may be reduced from what is listed below, the mitigation plan shall contain at least the following components: a. Baseline Information: A written assessment and accompanying maps of the: i. impacted wetland including, at a minimum, wetland delineation; existing wetland acreage; vegetative, faunal, and hydrologic characteristics; soil and substrate conditions; topographic elevations; and ii. compensation site, if different from the impacted wetland site, including, at a minimum, existing acreage; vegetative, faunal, and hydrologic conditions; relationship within watershed and to existing waterbodies; soil and substrate conditions; topographic elevations; existing and proposed adjacent site conditions; buffers; and ownership. b. Environmental Goals and Objectives: A written report shall be provided identifying goals and objectives and describing: - 69 - 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); - 70 - iv. measuring base flow rates and storm water runoff to model and evaluate water quality predictions, if appropriate; v. measuring sedimentation rates, if applicable; and vi. sampling fish and wildlife populations to determine habitat utilization, species abundance, and diversity. A protocol shall be included outlining how the monitoring data will be evaluated by agencies that are tracking the progress of the compensation project. A monitoring report shall be submitted annually, at a minimum, documenting milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years. f. Contingency Plan: Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. g. Permit Conditions: Any compensation project prepared pursuant to this section and approved by the Planning Director shall become part of the application for the permit. h. Performance Bonds and Demonstration of Competence: A demonstration of financial resources, administrative, supervisory, and technical competence and scientific expertise of sufficient standard to successfully execute the compensation project shall be provided. A compensation project manager shall be named and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. In addition, bonds ensuring fulfillment of the compensation project, monitoring program, and any contingency measure shall be posted pursuant to Subsection 15.24.07011 in the amount of one hundred twenty (120) percent of the expected cost of compensation. i. Regulatory authorities are encouraged to consult with and solicit comments of any Federal, State, regional, or local agency, including tribes, having any special expertise with respect to any environmental impact prior to approving a mitigation proposal which includes wetlands compensation. The compensation project proponents should provide sufficient information on plan design and implementation in order for such agencies to comment on the overall adequacy of the mitigation proposal. j. Compensatory mitigation is not required for regulated activities: i. For which a permit has been obtained that occur only in the buffer or expanded buffer and which have no adverse impacts to regulated wetlands; or ii. which are allowed pursuant to Subsection 15.24.050B, provided such activities utilize best management practices to protect the functions and values of regulated wetlands. I. Appeals : Any decision of the Planning Director in the administration of this Chapter may be appealed in writing to the City Council within fourteen days of the issuance of notice of the decision. The time period for considering the appeal shall not exceed ninety days. -71 - J. Modification of Wetland Permits: A Wetland Permit holder may request and the Planning Director may approve modification of a previously issued Wetland Permit. K. Resubmittal of Denied Permit Applications: A Wetland Permit application which has been denied may be modified and resubmitted no earlier than one hundred eighty (180) days following action on the original application. A permit application shall be considered a resubmittal if the site proposed for development was the subject of a Wetland Permit application within the previous one hundred eighty (180) days. A new fee will be required for such resubmittal. 15.24.080 - Temporary Emergency Permit - Enforcement. A. Temporary Emergency Permit: Notwithstanding the provisions of this Chapter or any other laws to the contrary, the Planning Director may issue a temporary emergency wetlands permit if: 1. The Planning Director determines that an unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted; and 2. The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this Chapter and other applicable laws. B. Any emergency permit granted shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency situation, the standards and criteria required for non - emergency activities under this act and shall: 1. be limited in duration to the time required to complete the authorized emergency activity, not to exceed 90 days; and 2. require, within this 90 -day period, the restoration of any wetland altered as a result of the emergency activity; except that if more than the 90 days from the issuance of the emergency permit is required to complete restoration, the emergency permit may be extended to complete this restoration. Issuance of an emergency permit by the Planning Director does not preclude the necessity to obtain necessary approvals from appropriate Federal and State authorities. Notice of the issuance of the emergency permit and request for public comments shall be published at least once a week on the same day of the week for two consecutive weeks in a newspaper having a general circulation in the City of Port Angeles, the City publication to be no later than 10 days after issuance of the emergency permit. The emergency permit may be terminated at any time without process upon a determination by the Planning Director that the action was not or is no longer necessary to protect human health or the environment. C. Enforcement: 1. General enforcement: The City of Port Angeles shall have authority to enforce this Chapter, any rule or regulation adopted, and any permit or order issued, pursuant to this Chapter, against any violation or threatened violation thereof. The City of Port Angeles is authorized to issue violation notices and administrative orders, levy fines, and /or institute legal actions in court. Recourse to any single remedy shall not preclude recourse to any of the other remedies. Each violation of this Chapter, or any rule or regulation adopted, or any permit, permit condition, or order issued pursuant to this Chapter, shall be a separate - 72 - offense, and, in the case of a continuing violation, each day's continuance shall be deemed to be a separate and distinct offense. All costs, fees, and expenses in connection with enforcement actions may be recovered as damages against the violator. Enforcement actions shall include Civil Penalties, Administrative Orders and Actions for Damages and Restoration. 2. Injunctive relief: The City of Port Angeles may bring appropriate actions at law or equity, including actions for injunctive relief, to ensure that no uses are made of a regulated wetland or their buffers which are inconsistent with this Chapter or an applicable wetlands protection program. 3. Cease and desist order: The City of Port Angeles may serve upon a person a cease and desist order if an activity being undertaken on regulated wetlands or its buffer is in violation of this Chapter or any permit issued to implement this Chapter. Whenever any person violates this Chapter or any permit issued to implement this Chapter, the City of Port Angeles may issue an order reasonably appropriate to cease such violation and to mitigate any environmental damage resulting therefrom. Content of Order: The order shall set forth and contain: (a) A description of the specific nature, extent, and time of violation and the damage or potential damages. (b) A notice that the violation or the potential violation cease and desist or, in appropriate cases, the specific correction action to be taken within a given time. A civil penalty may be issued with the order. (c) Effective date: The cease and desist order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed. (d) Compliance: Failure to comply with the terms of a cease and desist order can result in enforcement actions including, but not limited to, the issuance of a civil penalty. 4. Penalties: Any person who undertakes any activity within a regulated wetland or its buffer without first obtaining a permit required by this Chapter, except as allowed in Subsection 15.24.050B, or any person who violates one or more conditions of any permit required by this Chapter or of any order issued pursuant to this Section, shall incur a penalty allowed per violation. In the case of a continuing violation, each permit violation and each day of activity without a required permit shall be a separate and distinct violation. The penalty amount shall be set in consideration of the previous history of the violator and the severity of the environmental impact of the violation. The penalty provided in this subsection shall be appealable to the Superior Court of Clallam County. 5. Aiding or abetting: Any person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have committed a violation for the purposes of the penalty. 6. Notice of penalty: Civil penalties imposed under this Section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the Department and /or the City of Port Angeles, or from both jointly. The notice shall describe the violation, approximate the - 73 - date(s) of violation, and shall order the acts constituting the violation to cease and desist, or, in appropriate cases, require necessary correction action within a specific time. 7. Application for remission or mitigation: Any person incurring a penalty may apply in writing within thirty days of receipt of the penalty to the Planning Director for remission or mitigation of such penalty. Upon receipt of the application, the City of Port Angeles may remit or mitigate the penalty upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. 8. Appeals: Orders and penalties issued pursuant to this subsection may be appealed as provided for in Subsection 15.24.070I. 9. Criminal penalties shall be imposed on any person who wilfully or negligently violates this Chapter or who knowingly makes a false statement, representation, or certification in any application, record or other document filed or required to be maintained under this Chapter; or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device, record or methodology required to be maintained pursuant to this Chapter or pursuant to a Wetland Permit. 15.24.090 - Non - Conforming Activities. A regulated activity which was approved prior to the passage of this Chapter and to which significant economic resources have been committed pursuant to such approval, but which is not in conformity with the provisions of this Chapter, may be continued subject to the following: A. No such activity shall be expanded, changed, enlarged, or altered in any way that increases the extent of its non - conformity without a permit issued pursuant to the provisions of this Chapter; B. Except for cases of discontinuance as part of normal agricultural practices, if a non - conforming activity is discontinued for 12 consecutive months, any resumption of the activity shall conform to this Chapter; C. If a non - conforming use or activity is destroyed by human activities or an act of God, it shall not be resumed except in conformity with the provisions of this Chapter; D. Activities or adjuncts thereof which are or become public nuisances shall not be entitled to continue as non - conforming activities. 15.24.100 - Judicial Review. Any decision or order issued by the City of Port Angeles pursuant to this Chapter, including decisions concerning denial, approval, or conditional approval of a Wetland Permit, may be judicially reviewed in the Clallam County Superior Court, provided that: A. available administrative remedies, including appeals available pursuant to Subsection 15.24.060I, have been exhausted; and B. such litigation is commenced within twenty -one (21) days after service of such order or issuance of notice of such decision, as the case may be. Based on these proceedings and consistent with any decision of the Court that is adverse to the City of Port Angeles, the City may elect to: 1. Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant's land; - 74 - 2. Approve the permit application with lesser restrictions or conditions; or 3. Other appropriate actions ordered by the Court that fall within the jurisdiction of the City of Port Angeles. 15.24.110 - Amendments. These regulations and the maps used to identify wetland critical areas may from time to time be amended in accordance with the procedures and requirements in the general statutes and as new information concerning wetland location, soils, hydrology, flooding, or wetland plants and wildlife become available. 15.24.120 - Assessment Relief. The Assessor of Clallam County shall consider wetland regulations in determining the fair market value of land. Any owner of an undeveloped wetland who has dedicated an easement or entered into a perpetual conservation restriction with the City of Port Angeles or a non -profit organization to permanently control some or all regulated activities in the wetland shall have that portion of land assessed consistent with those restrictions. Such landowner shall also be exempted from special assessments on the controlled wetland to defray the cost of municipal improvements such as sanitary sewers, storm sewers, and water mains. Section 5. Ordinance 2734, as amended, and Title 15, Environment, shall be amended by amending Chapter 15.28 PAMC, Clearing, Grading, Filling, and Drainage Regulations, in its entirety to read as follows: Chapter 15.28 CLEARING, GRADING, FILLING, AND DRAINAGE REGULATIONS Sections: 15.28.010 Purpose. 15.28.020 Definitions. 15.28.030 Clearing and Grading Permit Required. 15.28.040 Permit Exemptions. 15.28.050 Permit Application. 15.28.060 Plans and Specifications. 15.28.070 Additional Application Information. 15.28.080 Review Criteria. 15.28.090 Standards. 15.28.100 Conditions. 15.28.110 Maintenance Responsibilities. 15.28.120 Permit Issuance - Expiration - Extension. 15.28.130 Permit Fees. 15.28.140 Security. 15.28.150 Insurance. 15.28.160 Inspections. - 75 - 15.28.170 Suspension of Permits. 15.28.180 Completion of Work. 15.28.190 Posting of Permit. 15.28.200 Administration and Enforcement. 15.28.210 Appeals. 15.28.220 Clearing, Grading, Filling, and Drainage Rules and Guidelines. 15.28.230 Other Laws. 15.28.240 Removal of Dirt, Debris, or Other Material - Sanctions. 15.28.250 Public Nuisance. 15.28.260 Penalty. 15.28.010 - Purpose. This Chapter is adopted for the following purposes: A. To promote, protect, and preserve the public interest by establishing standards for and regulating land alteration, particularly the clearing, grading, filling, and /or drainage ofland in the City without preventing the reasonable use of land; B. To regulate land - disturbing activity for control of erosion, sedimentation, stormwater runoff, water pollution, vegetation removal, and landslide in order to minimize damage to public and private property; C. To promote building and site planning practices that are consistent with the City's natural topography, soils, and vegetation features and which implement the Port Angeles Comprehensive Plan and the Washington State Environmental Policy Act; D. To minimize hazards to life, health, and property; E. To require that development of environmentally sensitive lands be accomplished in a manner which protects those areas from damage or degradation and which promotes the health, safety, and welfare of the public. Notwithstanding the above - stated purposes, nothing in this Chapter is intended to or shall be deemed to create a duty of the City to protect or promote the interests of any particular person or class of persons. Further, the existence of these regulations or any failure, refusal, or omission of the City to enforce any provision in this Chapter is not intended to prevent, supplant, or affect the right of any person affected by the clearing, grading, filling, and /or drainage operations of another to invoke such private remedies as may be available against such other persons. 15.28.020 - Definitions. In addition to definitions contained in Chapter 15.02, the following definitions shall apply. Where definitions exist in both 15.02 and 15.28.020, the definitions in 15.28.020 shall apply. t1..scril,e the meaning of the t\,iiiiS UM., . A. "Accelerated erosion" means any increase over the rate of natural erosion as a result of land- disturbing activity. B. "Approval" means for the purposes of this Chapter approval by the City Engineer. C. "Buffer zone" means a parcel or strip ofland that is required to permanently remain in an undisturbed and untouched condition and within which no building, clearing, grading, or filling is permitted, except for minor maintenance necessary to protect life and property. - 76 - D. "Clearing" means the removal of timber, brush, grass, ground cover, or other vegetative matter from a site which exposes the earth's surface on the site or results in the loss of forested areas. E. "Clearing and Grading Permit" means the written permission of the City to the applicant to proceed with the act of clearing, grading, filling, and /or drainage which could disturb the land surface. F. "Director" means the Director of Public Works and Utilities or an authorized agent of the Public Works and Utilities Department. 111 Llri, JLaiO 0l W dS111116W11. HG. "Environmentally Sensitive Lands Areas" include, but are not limited to, lands identified as environmentally sensitive areas, locally unique features, or critical areas by the City in accordance with the provisions of the State Environmental Policy Act and the Growth Management Act and Section 15.20 of the Port Angeles Municipal Code. I "Eiosion" means the wearing away of the an 01 ground surfaces by lilt acllall uf 'ind, Ala t.,i, ice, gravity, or any combination thereof. �H. "Filling" means the act of transporting or placing (by any manner or mechanism) fill material from, to, or on any soil surface, natural vegetative covering of soil surface, or fill material (including temporary stockpile of material). IEI. "Grading" means any act which changes the grade or elevation of the ground surface and for the purposes of this Chapter also includes the excavation and removal of earth material. J. "Impervious surface" means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater. sLdimentation. This dots not incltl non - destructive v%..gLtatlon trimming. "Non- dcstructivc vL.getation tairlifting " means the trimming, lopping, or p1 a11111g NK. "Sedimentation" means the process of deposition of soil and organic particles displaced, transported, and deposited by erosive processes. include noel- destructive trimming of vugi.tation as in l,y this C;llap t a. 15.28.030 - Clearing and Grading Permit Required. A. No person, corporation, or other legal entity shall make changes or cause changes to be made in the surface of any land by clearing, grading, filling, or drainage alteration in the City without having first obtained a valid clearing and grading permit from the City Engineer; except for those activities that are exempt as described in Section 15.28.040. - 77 - B. Permits are not transferable, unless approved in writing by the City Engineer. The transfer will only be approved when the new applicant has demonstrated that it can and has complied with the conditions of the permit. 15.28.040 - Permit Exemptions. Written permit exemptions shall be issued by the City Engineer. The following shall be exempt from the permit requirements of this Chapter, provided that the exemptions set forth in Subsections G -J shall not apply in situations where properties include environmentally sensitive areas: A. Land clearing, grading, filling, sandbagging, diking, ditching, or similar work during or after periods of extreme weather or other emergency conditions which have created situations such as flooding or high fire danger that present an immediate danger to life or property; B. Land clearing necessitated by order of the City Council related to the abatement of a public nuisance, where the work is administered by the City; C. The removal of dead trees or of diseased or damaged trees which constitute a hazard to life or property as described in 15.28.090(G); D. The clearing by a public agency or a franchised utility within a public right -of -way or upon an easement, for the purpose of installing and maintaining water, storm, sewer, power, cable, or communication lines; E. Cemetery graves; F. Non - destructive vegetation trimming with proper removal and disposal of debris. G. Land that is one acre or less, except where an adjacent area under the same ownership or chain of ownership has been similarly exempted so that the combined area is greater than one acre and erosion control has not been re- established; H. If a building permit is issued, no additional clearing, grading, or filling permit or associated fee will be required; provided that the standards established in this Chapter and pursuant hereto shall be applied to the issuance of said building permit; I. Developments larger than one acre in improved areas served by paved streets, curbs, gutters, storm drains, and other drainage facilities; J. Work, when approved by the City Engineer, in an isolated, self - contained area, if there is no danger to private or public property. 15.28.050 - Permit Application. An application for a clearing and grading permit shall be submitted on a form provided by the City and identifying the property and owner. Other information may be required by the City Engineer to carry out the provisions of this Chapter. 15.28.060 - Plans and Specifications. Each application shall be accompanied by a minimum of three (3) sets of plans and specifications, including calculations. The plans and specifications shall be prepared by a person familiar with the site. For more complicated sites, the City Engineer may require that the plans and specifications be prepared by an appropriate qualified professional who shall have his/her signature and stamp affixed to each set. The plans and specifications may include the appropriate information from the following: A. An accurate plan of the entire site as it exists at the time of the application, which includes: 1. All property lines; - 78 - 2. Contours over the entire site (five -foot contour intervals are standard, but other intervals may be required in specific circumstances); 3. The date, basis, and datum of the contours; 4. A graphic representation of existing vegetation on the site designated by its common names, the amount of bare ground, and the amount and type of impervious material (rock and artificial); 5. The location of all existing drainage facilities, natural and man -made; 6. The location and estimated capacity of any areas which impound surface water; 7. The location and estimated discharge of all visible springs; 8. The location of all structures, utilities, and their appurtenances, including structures and utilities on adjacent properties when such information is reasonably available; 9. Date, north arrow, and adequate scale as approved by the City Engineer on all maps and plans; 10. Identification of and mitigation measures for on -site areas which are subject to severe erosion, and off -site areas which are especially vulnerable to damage from erosion and /or sedimentation. B. The proposed work schedule, which details the following: 1. Sequence for clearing, grading, filling, drainage alteration, and other land - disturbing activities; 2. On -site soil or earth material storage locations and source ofimport materials, and location of the site where spoils will be disposed; 3. Schedule for installation and removal of all interim erosion and sediment control measures, including vegetative measures; 4. Schedule for construction of final improvements, if any; 5. Schedule for the installation of required permanent erosion and sediment control devices; 6. An outline of the methods to be used in clearing vegetation and in storing and disposing of the cleared vegetative matter. C. An accurate finished grading plan of the entire site as it would appear after the completion of work covered by the permit, showing the following: 1. The finished contours achieved by grading (at the same intervals as the existing contours) 2. The boundaries of all areas to remain undisturbed, and identification and the location of all other vegetation shown on the plan that will remain after the completion of work; 3. Drainage and related facilities to be constructed with and as a part of the proposed work; 4. Boundaries of all areas where surface water runoff will be retained, detained, or infiltrated; 5. The method for discharging surface water off -site, including the provisions required to control the velocity and direction of discharge to protect downstream properties; 6. The location of building setback lines, and approximate limits of cuts and fills, including but not limited to foundations, retaining walls, and driveways; 7. Location and dimensions of buffer zones and other areas to be maintained or established; - 79 - 8. The location and description of proposed erosion and sedimentation control devices or structures and schedule of maintenance; 9. Off -site grading shall be noted on the plans, and a dated letter of permission from the property owner of the land affected shall be provided and noted on the plans. 15.28.070 - Additional Application Information. The City Engineer may require the applicant to submit additional information when he finds the submitted plans and specifications and associated information are not clear enough to allow for an adequate determination, or when special conditions are found to exist which require specific explanation. This additional information may include, but is not limited to, the following: A. Hydrologic and hydraulic computations of expected storm runoff entering and leaving the site for pre- and post - development conditions; B. Engineering geology and soils reports as needed for hydrology, hydraulics, and erosion control design; C. Erosion and Sediment Control Plan and supporting calculations; D. An engineer's cost estimate of the drainage facilities and final erosion and sediment control when such information is necessary for bonding purposes; E. Inspection and maintenance agreement; F. Letters of Permission: Off -site grading shall be supported by a dated letter of permission from the affected property owner(s); G. A copy of the Hydraulic Permit Application issued by the Washington Sate Department of Fisheries, if it is required. 15.28.080 - Review Criteria. The City Engineer shall review the permit application for compliance with all City ordinances, adopted standards, requested additional data, and Comprehensive Plans. 15.28.090 - Standards. No land- disturbing activity subject to the control of this Chapter shall be undertaken except in accordance with the following mandatory standards: A. Protection of property: Persons and entities conducting land- disturbing activities shall take all reasonable measures to protect all public and private property from damage caused by such activities. B. Wetland buffers zone. No land- disturbing activity shall be permitted in an approved wetland buffers zone, except as otherwise allowed by applicable laws and permits. C. Graded slopes and fills: The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. D. Ground cover: No land- disturbing activity shall be undertaken until installation of sufficient erosion and sediment control devices to retain the sediment generated by the activity within the boundaries of the tract during construction upon and development of said tract. Plantings or a permanent ground cover shall be provided immediately after completion of grading to sufficiently restrain erosion. E. Use of vegetative measures: Vegetation measures using native plants shall be used for erosion and sediment control wherever feasible, rather than structural measures such as pipes, structures, or other devices. - 80 - a. will riot inerease gt,ol ogle aHraLar such as eres10 fl pe andsllde pe la l, . i .. V. Will no actverscly alleet slgnlheant Iisli afltl Wi Ntat alea5, anQ C. Will revcg istal Led an tv re du p al. 6F. Environmentally sensitive areas: Construction within environmentally sensitive areas shall be in compliance with Chapter 15.20 PAMC Environmentally Sensitive Areas Protection Ordinance and shall be subject to the review of the Planning Director. G. Removal of dead or diseased trees from environmentally sensitive areas or buffers is allowed provided that: L The applicant submits a report from a certified arborist, registered landscape architect, or professional forester or arborist that documents the hazard and provides a replanting schedule for the replacement trees; 2. Tree cutting shall be limited to limbing and crown thinning, unless otherwise justified by a qualified professional. Where limbing or crown thinning is not sufficient to address the hazard, trees should be reduced in height to remove the hazard rather than cut at or near the base of the tree; 3. All vegetation cut (tree stems, branches, tops, etc.) shall be left within the environmentally sensitive area or buffer unless removal is warranted due to the potential for disease transmittal to other healthy vegetation, or the environmentally sensitive area is a steep slope or marine bluff. 4. The landowner shall replace any trees that are felled or topped with new trees at a ratio of two replacement trees for each tree felled or topped (2:1) within one (1) year in accordance with an approved restoration plan. Tree species that are native and indigenous to the site and a minimum caliper of two (2) inches shall be used; 5. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified professional wildlife biologist shall be consulted to determine timing and methods or removal that will minimize impacts; and 6. Hazard trees determined to pose an imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation may be removed or pruned by the landowner prior to receiving written approval from the City of Port Angeles provided that within fourteen (14) days following such action, the landowner shall submit a restoration plan that demonstrates compliance with the provisions of this Title. 15.28.100 - Conditions. In granting any clearing and grading permit, the City Engineer may attach the conditions reasonably necessary to prevent erosion and sedimentation. Such conditions may include, but are not limited to, installing walls, swales, drains, retention facilities, or other structures; planting appropriate vegetation; installing erosion and sediment control measures or devices; furnishing necessary letters of permission and /or easements; and specifying method of performing the work. Such items must be identified on the approved grading, erosion, and sediment control or other required plans. In addition, the following shall be conditions of all permits: A. Notify the City forty -eight (48) hours before commencing any land - disturbing activity. - 81 - B. Notify the City of completion of any control measures within forty -eight (48) hours after their completion. C. Obtain permission in writing from the City prior to modifying any of the plans. D. Install all control measures as identified in the approved plans. E. Maintain all road drainage systems, stormwater drainage systems, control measures, and other facilities identified in the plans. F. Repair siltation or erosion damage to adjoining surfaces and drainage ways resulting from land developing or disturbing activities. G. Inspect the erosion construction control measures at least once each week during construction after each rain of 0.5 inches or more (over a 24 -hour period), and immediately make any needed repairs. H. Allow the City to enter the site for the purpose of inspecting compliance with the plans or for performing any work necessary to bring the site into compliance with the plans. I. Keep an up -to -date, approved copy of the plans on the site. J. Ensure that all workmanship and materials are in accordance with City standards and the most recent edition of the Washington State Specifications for Road, Bridge, and Municipal Construction. 15.28.110 - Maintenance Responsibilities. A maintenance schedule of constructed private facilities shall be developed for facilities constructed and measures implemented pursuant to this Chapter. The schedule shall set forth the maintenance to be completed, the time period for completion, and who shall perform the maintenance. The schedule shall be included with all required plans and permits and shall be recorded by the property owner or agent with the County Auditor so that maintenance responsibilities attach to the property and shall be the duty of the property owner(s). 15.28.120 - Permit Issuance - Expiration - Extension. A. A clearing and grading permit shall be issued only after compliance with the requirements of this Chapter and the deposit with the City Treasurer of permit fees for plan review, inspection, and related expenses as required pursuant to PAMC 15.28.130 B. Any permit granted under this Chapter shall expire one (1) year from the date of issuance; provided, however, that the City Engineer may set specific limits to the permit if it is advisable to do so. Upon a showing of good cause, a permit may be extended for one (1) twelve -month period. 15.28.130 - Permit Fees. There shall be a non - refundable fee as set forth in Chapter 3.70 PAMC in the amount necessary to compensate the City for the expense of reviewing and processing plans, conducting inspections, providing for outside consulting services, and other services determined to be necessary for the administration and enforcement of the provisions of this Chapter. Such fees shall only apply when plans or other documentation are required to be submitted with permit applications for grading and filling or clearing and drainage activity, and no building permit including such activities has been issued. The permit fee shall be paid at the time of submitting plans and other documentation for review. After approval of the plans and specifications, the City Engineer shall provide the applicant with an estimate of the construction inspection fee, based upon the inspections which will be necessary as listed in 15.28.160 PAMC. Such inspection fee shall be separate from the above plan review fees. A - 82 - permit for construction will be issued only after the deposit of the inspection fee has been made with the City Treasurer. If the City Engineer determines that the remaining funds on deposit are not adequate to pay for the inspections required for project completion, the applicant will be so notified and provided with an estimate of the amount of additional fee deposit required. This additional fee shall be deposited with the City Treasurer prior to depletion of the funds on deposit. Any monies unexpended from the deposit shall be refunded to the depositor upon final completion and acceptance of the project. The basis of the estimate shall be as set forth in Chapter 3.70 PAMC. 15.28.140 - Security. The City Engineer may require the applicant to furnish security in the form of a bond, cash escrow account, an irrevocable letter of credit, or other security which may be acceptable to the City in its sole discretion, in an amount determined by the City Engineer to be sufficient to reimburse the City if it should be come necessary for the City to enter the property to correct hazardous conditions relating to soil stability, erosion, or environmental damage caused by failure to complete the work or improper action. 15.28.150 - Insurance. If, in the opinion of the City Engineer, the nature of the work is such that it may create a hazard to human life or endanger streams or public or private property, then the City Engineer may, before issuing the permit, require that the applicant file a certificate of insurance. The certificate must provide to the City satisfactory proof of the existence of a comprehensive liability insurance policy, in an amount and form determined necessary by the City Engineer or the City Attorney, but in no event providing coverage of less than two hundred thousand dollars ($200,000) for personal injury to any one person, five hundred thousand dollars ($500,000) for injury to more than one person arising out of the same incident, and one hundred thousand dollars ($100,000) for property damage, against claims arising pursuant to permits issued under this Chapter, whether the performance be by the applicant, a subcontractor of the applicant, or any person directly or indirectly employed by the applicant. Additional amounts of insurance may be required by the City Engineer in accordance with the nature of the risks involved. Insurance must be written by a company licensed to do business in the State of Washington. 15.28.160 - Inspections. A. All projects which include clearing, grading, filling, or drainage shall be subject to inspection by the City Engineer or his designee, who shall be granted reasonable right of entry to the work site by the permittee. When required by the City Engineer, special inspection of the grading operations and special testing shall be performed by qualified professionals employed by the permittee. Inspections in conjunction with Hydraulic Permits will be performed and enforced by the Washington State Department of Fisheries or Wildlife. B. Each site that has approved grading, erosion and sediment control or other required plans must be inspected as necessary to ensure that the sediment control measures are installed and effectively maintained in compliance with the approved plan and permit requirements. Where applicable, the permittee must obtain inspection by the City at the following stages: 1. Following the installation of sediment control measures or practices and prior to any other land- disturbing activity; 2. During the construction of sediment basins or stormwater management structures; - 83 - 3. During rough grading, including hauling of imported or wasted materials; 4. Prior to the removal or modification of any sediment control measure or facility; and 5. Upon completion of final grading, including establishment of ground covers and planting, installation of all vegetative measures, and all other work in accordance with an approved plan or permit. C. The permittee may secure the services of an engineer, subject to the approval of the City Engineer, to inspect the construction of the facilities and provide the City with a fully documented certification that all construction is done in accordance with the provisions of an approved, grading, erosion and sedimentation control or other required plan, applicable rules, regulations, permit conditions, and specifications. If inspection certification is provided to the City, then the normal inspections performed by the City for the permit may be waived. In these cases, the City shall be notified at the required inspection points and may make spot inspections. 15.28.170 - Suspension of Permits. The City Engineer may suspend or revoke a permit or issue a stop work order, whenever he determines that: A. The act or intended act of clearing, grading, or filling has become or will constitute a hazard to persons; endangers property; adversely affects the safety, use or stability of any public way, drainage facility, stream or surface water, including siltation and sedimentation; B. The permittee has violated a provision of the permit or of this Chapter or other City ordinances; C. There are changes in site runoff characteristics upon which a waiver was granted or permit was approved; D. Construction is not in accordance with the approved plans and specifications; E. Noncompliance with correction notice(s) or stop work order(s) issued for erosion or sediment controls. 15.28.180 - Completion of Work. A. Construction Changes. Whenever changes must be made to the original, approved plan, the changes shall be submitted to and approved by the City Engineer in advance of the construction of those changes. B. Final Reports. Upon completion of the rough grading and at the final completion of the work, the City Engineer may require the following reports, drawings, and supplements thereto to be prepared and submitted by the owner and /or an appropriate qualified professional approved by the City Engineer: 1. An as -built grading plan, including original ground surface elevations, final surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities. 2. A soils grading and /or geologic grading report, including locations and elevations of field density tests and geologic features, summaries of field and other laboratory tests, and other substantiating data and comments or any other changes made during grading and their effect on the recommendations made in the approved grading plan. C. Notification of Completion. The permittee or his/her agent shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work has been completed in accordance with the final approved grading, erosion - 84 - and sedimentation control, and other required plans, and the required reports have been submitted and accepted. 15.28.190 - Posting of Permit. No work shall commence until a permit has been posted by the applicant on the subject site at a conspicuous location. The permit shall remain posted until the project has been completed and final inspection approved. 15.28.200 - Administration and Enforcement. The City Engineer is authorized and directed to administer and enforce the provisions of this Chapter. For such purpose, he shall have the powers as detailed in PAMC 14.01.060 of a police officer and may appoint and deputize such officers, inspectors, assistants, and other employees as may be necessary to carry out the duties and functions of his office and to provide technical data for plans and on -site follow -up inspections to assure implementation of required plans and specifications; except that enforcement of Hydraulic Permits shall be performed by the Department of Fisheries. 15.28.210 - Appeals. Any person or persons aggrieved by any action of the City Engineer pursuant to the provisions of this Chapter may file an appeal with the Construction Code Board of Appeals as set forth in Chapter 14.01 PAMC. 15.28.220 - Clearing and Grading Rules and Guidelines. Clearing and grading and related storm water management and administrative rules and guidelines shall be developed, updated, administered, enforced, and may be appealed in the same manner as the Urban Services Standards and Guidelines as set forth in PAMC 18.08.130. These rules and regulations shall be filed with the City Clerk, and shall be made available to the general public. Such rules and guidelines shall apply to all clearing, grading, filling, and drainage activities in the City, including activities for which permits are required and activities which are exempt from the permit requirements of this Chapter. 15.28.230 - Other Laws. A. Whenever conflicts exist between Federal, State, or local laws, ordinances, or rules, the more restrictive provision shall apply. B. Neither this Chapter nor any administrative decision made under it: 1. Exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit; or 2. Limits the right of any person to maintain against the permittee at any time, any appropriate action, at law or in equity, for relief from damages caused by the permittee arising from the permitted activity. 15.28.240 - Removal of Dirt, Debris, or Other Material; Sanctions. A. Whenever property damage is occurring or imminent as a result of an activity inconsistent with the purpose and intent of this Chapter, as determined by the City Engineer, the offending person, company, or firm shall, after notice of clean -up by the City Engineer, remove such material or make necessary revisions, as instructed by the City Engineer, to remove the cause of the offending activity. B. If the person, company, or firm does not take the action ordered by the City Engineer, such offending party shall be guilty of a civil infraction and shall be punished as set - 85 - forth in Section 15.28.260. In addition, the City Engineer may cause the debris and other materials to be cleaned up and /or the activity altered. All expenses of such work, including the costs of litigation, if necessary, and administrative costs shall be chargeable to the owner or other person having charge of or having ordered the activity. 15.28.250 - Public Nuisance. Any violation of the provisions of this Chapter is declared to be a public nuisance and may be abated through proceedings for injunction or similar relief in superior court or other court of competent jurisdiction. 15.28.260 - Penalty. Any person, firm, or corporation, violating any of the provisions of this Chapter, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued, or permitted. Each such offense shall be punishable by a maximum civil fine of Five Hundred Dollars ($500). Section 6. Ordinance 1631, as amended, and Title 16, Subdivisions, shall be amended by amending Chapter 16.08 PAMC, Subdivision Regulations, in its entirety to read as follows: CHAPTER 16.08 SUBDIVISION REGULATIONS Sections 16.08.010 Purpose and Intent. 16.08.020 Authority and Jurisdiction. 16.08.030 Definitions. 16.08.040 Applicability. 16.08.045 Parcels Traversed by Public Ways. 16.08.050 Procedure. 16.08.060 Standards and Policies. 16.08.070 Requirements for Acceptance of Plats. 16.08.080 Variances. 16.08.090 Validity. 16.08.095 Agreements to Transfer Land Conditioned on Final Plat Approval - Authorized. 16.08.100 Enforcement and Penalties. 16.08.110 Plat Occupancy. 16.08.010 - Purpose and Intent. A. PURPOSE. Land subdivision is the first step in the process of community development. Once land has been cut up into streets, lots, and blocks and has been publicly recorded, the correction of defects is costly and difficult. It is therefore in the interest of the - 86 - public, the developer, and future property owners that subdivisions be designed and developed in accordance with sound rules and proper minimum standards. The purpose of this Chapter is to provide uniform regulations for the subdivision and resubdivision of land into five or more parcels, so as to promote the public health, safety and general welfare. It is further the purpose of this Chapter to implement the requirements of the Growth Management Act of 1990 through the goals, policies, and objectives of the Comprehensive Plan of the City, to comply with the requirements of the Zoning Code and Urban Services Ordinance of the City, to ensure orderly growth consistent with the desired urban design of the City, to promote effective and energy - efficient use of land, to prevent over- crowding of land, to provide for adequate light and air, to promote safe and convenient travel and lessen congestion on streets and highways, to provide for proper ingress and egress, to ensure adequate provision for open spaces, drainage ways, transit stops, potable water supplies, sanitary wastes, parks and recreation areas, playgrounds, schools and school grounds, sidewalks and safe walking conditions on school routes, and other public requirements, to require uniform monumenting of land subdivisions and conveyancing by accurate legal description, and to prevent the creation of public nuisances. B. INTENT. It is the intent of these regulations to provide the minimum controls required to ensure that all platting and subdivision of land in the City of Port Angeles shall be in the public interest and shall meet minimum standards of public health and public safety. 16.08.020 - Authority and Jurisdiction. A. AUTHORITY. The Planning Commission is designated and assigned the administrative and coordinating responsibilities contained herein, pursuant to the Laws of the State of Washington, for the recommendation of approval or disapproval of plats, subdivisions and dedications. B. JURISDICTION. The City Council shall appoint a person who shall have the authority, duties and responsibilities of Subdivision Administrator for the City of Port Angeles. 16.08.030 - Definitions. A. ACCESS STREET - A street with the main function of providing access to adjacent properties or for local traffic. B. BUFFER STRIP - An area or strip of land located and planted with trees and shrubs to provide a screen between conflicting land uses. (Parks, playgrounds and the site of public buildings are sometimes used as a buffer.) C. COLLECTOR ARTERIAL STREET - A street which provides for movement within the smaller areas which are often definable neighborhoods and may be bound by higher class (minor or principal) arterials. Collector arterials serve very little "through traffic" but serve a high portion of local traffic requiring direct access to abutting land uses. D. COMMISSION - The City of Port Angeles Planning Commission. E. COMMUNITY DEVELOPMENT DEPARTMENT OR DEPARTMENT - The City of Port Angeles Community Development Department. F. COMPREHENSIVE PLAN - A Comprehensive Plan adopted by the Council in compliance with the Growth Management Act of 1990 and which indicates the general locations recommended for residential, commercial, and industrial land uses or zones and for streets, parks, public buildings, and other public improvements. The Comprehensive Plan includes all - 87 - its Appendices and individual comprehensive service and facility plans such as the Capital Facilities Plan, the Comprehensive Water Plan and the Comprehensive Parks Plan. G. COUNCIL - Port Angeles City Council. H. CROSSWALK -WAY - A right -of -way dedicated to public use, ten feet or more in width, which cuts across ablock to facilitate pedestrian access to adjacent streets and properties. I. CUL -DE -SAC - (Court or Dead End Street) - A short street having one end open to traffic and being permanently terminated by a vehicle turn- around. J. DEDICATION - The deliberate appropriation of land by an owner for public uses, reserving to the owner no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final subdivision plat showing the dedication thereon. Acceptance of the dedication by the City shall be evidenced by the approval of such final subdivision plat. K. DESIRED URBAN DESIGN OF THE CITY - The land use pattern and street system as described by the Comprehensive Plan land use map and policies, the zoning map and regulations, the subdivision regulations, and the Urban Services Standards and Guidelines. L. EASEMENT - A grant by the property owner of the use of a strip of land by the public, a corporation, or persons for specific purposes. M. FINAL PLAT - The final drawing of the subdivision and dedication prepared for filing for record with the County Auditor and containing all elements and requirements set forth in this Chapter. N. IMPROVEMENTS - Streets, with or without curb or gutter, sidewalks, crosswalk - ways, water mains, sanitary and storm sewers, street trees, power and other appropriate items. O. LOT - A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development. P. LOT FRONT - Unless otherwise specified on a plat, the narrow width of a lot which abuts a public street shall be considered the front of said lot. Q. MINOR ARTERIAL STREET - A street which provides for movement within the large sub -parts prescribed by principal arterials. Minor arterials may also serve "through traffic" but provide much more direct service to abutting land uses than principal arterials. R. OWNER - A person, firm, association, partnership, private corporation, public or quasi - public corporation, or any combination thereof. S. PLANNED RESIDENTIAL DEVELOPMENT (PRD) - A planned residential development is a site specific development which has been approved by the City Council under the provisions of Chapter 17.19 of the Port Angeles Municipal Code. It may include a subdivision of land in which residential lots are designed in clusters of individual lots with park and open space areas between clusters and in which lots may be below the minimum lot widths and lot areas required by the Zoning Code. T. PRELIMINARY PLAT - An approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of the subdivision consistent with the requirements of this Chapter. U. PRINCIPAL ARTERIAL STREET - A street which provides for movement across and between large sub -parts of an urban region and serve predominantly "through trips" with minimum direct service to abutting land uses. V. STREET - A right -of -way, dedicated to public use, which provides vehicular and pedestrian access to adjacent properties. - 88 - W. SKETCH - A drawing showing proposed lot- layout, building line setbacks and proposed locations and width of streets, width and area of each lot, sanitary and storm drainage. X. SUBDIVIDER - DEVELOPER - A person who undertakes the subdividing or the resubdividing of a lot, tract or parcel of land into two or more lots or other divisions of land for the purpose, immediate or future, of transfer of ownership or development, including all changes in street or lot lines. Y. SUBDIVISION - The division or redivision of land into five or more lots, tracts, parcels, sites, or division for the purpose of sale, lease, or transfer of ownership. 16.08.040 - Applicability. A final subdivision, approved in accordance with the provisions of this Chapter and filed with the County Auditor, is required for all subdivisions within the City, and no lot, tract, or parcel within any subdivision shall be sold, leased transferred, redivided, altered, or vacated without compliance with the terms of this Chapter. 16.08.045 - Parcels Traversed by Public Ways. Public streets, roads, highways, alleys, and other public ways, which traverse a parcel of land under one ownership, will be considered to have divided that land into non - contiguous pieces without further need for complying with subdivision requirements. 16.08.050 - Procedure A. PRELIMINARY STEPS. The developer shall submit a sketch of a proposed subdivision of land to the Community Development Department for review prior to submittal of the Preliminary Plat. B. PRELIMINARY APPROVAL. The developer or his surveyor shall then transmit six (6) (or more if required) copies of the Preliminary plat, together with a filing fee, to the Community Development Department. The amount of the filing fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. The Community Development Department shall submit written recommendations to the Planning Commission prior to the Commission's public hearing in which the Preliminary plat is on its agenda. The proposed plat shall be prepared by a licensed land surveyor and shall be submitted to the Community Development Department at least thirty (30) days prior to the public hearing of the Planning Commission. Notice of the public hearing on a proposed plat or subdivision shall be posted by the developer in a conspicuous place on or adjacent to the land proposed to be subdivided. Such notices shall clearly indicate the time and place of the public hearing and shall be posted not less than ten days prior to the hearing. The Planning Commission shall examine the proposed plat, along with written recommendations of the City departments, and shall recommend either approval or denial thereon to the City Council. Within a period of ninety (90) days after a preliminary plat has been submitted to the Community Development Department and other affected agencies, the City Council shall either approve or disapprove the proposed Preliminary plat. The ninety (90) days time period may be extended with the consent of the applicant. If an Environmental Impact Statement is required, the ninety (90) day period shall not include the time spent preparing and circulating the EIS. Following final action of the City Council on a preliminary plat, the Community Development Department shall notify the developer regarding changes required and the type - 89 - and extent of improvements to be made. A copy of the City Council's action and recommendations shall be forwarded to the developer and to any agency submitting recommendations in regard to the preliminary plat. Approval of a preliminary plat shall be considered conditional approval of the preliminary plat, and shall not constitute approval of the Final plat; it shall be considered only as approval of the layout submitted on the preliminary plat as a guide to the preparation of the Final plat. If the preliminary plat is approved by the City Council, the developer, before requesting final approval, shall elect to install or assure installation of the improvements required by Section 16.08.070 PAMC by one of the following methods: 1. Actual installation of the required improvements, to the satisfaction and approval of the City Engineer; 2. Furnishing to the City an assignment of a savings account or another approved security or placing in trust, an amount equal to 150% of the cost of the improvements as determined by the City Engineer, which assignment of savings account, other security, or trust shall assure to the City the installation of the improvements, to the satisfaction and approval of the City Engineer. This savings account, or other security, or trust shall be conditioned so that no amount may be removed therefrom without prior written approval of the City, and shall further provide that, if the improvements are not installed within the time limitations set by the City Engineer, or not installed to the satisfaction of the City Engineer, then the City may withdraw from the savings account, other security, or trust the amount necessary to complete the improvement. The City Engineer shall determine the period of the assignment of the savings account, other security, or the trust. After completion of all required improvements the City Engineer and any government agency involved shall submit a written notice to the Community Development Department stating that the developer has completed the required improvements in accordance with PAMC 16.08.070 and with required installation standards. C. FINAL APPROVAL. The Final plat shall conform to the Preliminary plat as approved by the City Council. If desired by the developer, the Final plat may constitute only that portion of the approved Preliminary plat which he proposes to record and develop at the time. The Final plat shall be submitted to the Community Development Department within five years after City Council approval of the Preliminary plat. Said preliminary approval shall become void unless a Final plat is submitted and approved by the City. The developer shall submit a mylar tracing and six (6) prints (or more if required) of the Final plat and other required exhibits, including a filing fee, to the Community Development Department at least fourteen days prior to the meeting in which the Final plat is to be considered by the Planning Commission. The amount of the fee shall be set by Resolution of the City Council and may be amended or changed by Resolution from time to time, or as necessary. The Planning Commission shall review the Final plat to determine if the plat conforms with the Preliminary plat, the provisions of the Comprehensive Plan, the Zoning Code and other land use regulations, the Urban Services Ordinance, the Urban Services Standards and Guidelines, and these Subdivision Regulations and shall make its recommendation to the City Council. If the Planning Commission recommends approval ofthe Final plat, the Chairperson shall sign the Final tracing. - 90 - Following the recommendation of approval of the Final plat by the Planning Commission, the Community Development Department shall obtain the signatures of the County Health Officer (when required by the Commission), City Clerk, City Manager, Fire Chief, Director of Public Works and Utilities, Community Development Director, and City Attorney on the Final tracing and shall submit the tracing of the Final plat to the City Council for approval and signature by the Mayor. At least ten days prior to the public hearing of the City Council in which the Final plat is to be considered, the developer shall post a notice regarding said hearing in a conspicuous location on the site. Within thirty (30) days the City Council shall act upon the Final plat. The thirty (30) day limit may be extended from the date of the Final plat being filed with the Community Development Department with the consent of the applicant. The developer shall have the Final plat recorded within thirty (30) days from the date his Final plat is approved by the City Council. After obtaining signatures of City officials and prior to thirty (30) days after recording, the developer shall obtain and give to the Community Development Department a mylar or equivalent duplicate of the Final plat. D. APPROVAL AND REVIEW OF PRELIMINARY AND FINAL PLATS. When a proposed plat or subdivision is situated adjacent to the right -of -way of state highways, said plat or subdivision shall be submitted to the Director of Highways. Approval by the City shall be withheld until said Director or his assistant has made a report to the City. When a proposed plat, subdivision or dedication is adjacent to unincorporated territory notice of such proposed plat shall be given to the Clallam County Planning Commission. Any decision by the City Council approving or refusing to approve a plat or subdivision shall be reviewable for arbitrary, capricious or corrupt action or non - action, by petition before the Superior Court of Clallam County, by any aggrieved property owner of the county having jurisdiction thereof. Provided, that due application for petition shall be made to such court within twenty -one days from the date of any decision so to be reviewed. 16.08.060 - Standards and Policies. A. GENERAL STANDARDS. If a proposed street and /or lot pattern for any zone in Port Angeles has been made by the City Council or the Planning Commission, the street layout of any new plat submitted shall be in general conformance to said pattern or plan. Otherwise proposed streets in new subdivisions shall conform to the Comprehensive Plan, the Urban Services Ordinance, the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130, and the standards and requirements of this Chapter. No territory proposed to be subdivided shall be a part of, nor encroach upon, any area designated in the Comprehensive Plan for future public facilities. No plan for the platting, replatting, subdivision, or dedication of any area shall be approved by the City unless each lot shall abut on a dedicated, improved, and maintained City street and such street shall connect directly to an existing improved street that meets current street improvement standards as set forth in the Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. If any existing rights -of -way abutting the property being subdivided do not meet minimum width standards, additional right -of -way shall be required in accordance with the -91 - standards as set forth in the Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. Where the Comprehensive Plan or the City's official street plan indicates the necessity of a new right -of -way of a required width or portion thereof for street purposes, whether within a new plat or new subdivision, or along the boundaries of a new plat, new subdivision or new lot, such required right -of -way or portion thereof shall be dedicated to the City of Port Angeles by the filing of a plat. The area of a cemetery in one unit shall be not more than eighty (80) acres, which may or can be surrounded by streets and highways. If the area of a cemetery is intersected or cut by dedicated or unplatted streets the areas on opposite sides of said streets shall form and be considered separate units. Sidewalks, pedestrian walkways, and other planning features that intended to assure safe walking conditions for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and 58.17.110. The Planning Commission may require plats to provide areas for parks, playgrounds, open spaces, recreation facilities, schools, school grounds, transit stops, and drainage ways. Each proposed subdivision and the ultimate use of the land therein shall be in the interests of public health, safety and welfare, and subdividers shall be prepared to present evidence to this effect when requested by the City. Restrictive covenants not contrary to existing regulations regarding the use of land, governing and binding all future owners of lots or tracts, may be shown on any plat. No Final plat of land within the force and effect of existing Zoning Regulations shall be approved unless it is conforming with such Zoning Regulations. Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in Zoning Regulations, Building Codes, or other official Regulations, the highest standard shall apply. B. GENERAL PRINCIPLES, POLICIES. The Commission shall ensure that appropriate provision is made for: (1) the harmonious development of neighborhoods by requiring coordination of streets within subdivisions with existing or planned streets, or with other elements of the Comprehensive Plan; (2) adequate open spaces for recreation, schools, light and air; (3) distribution of population and traffic which will create conditions favorable to public health, safety and convenience. The Commission shall inquire into the public use, interest or need proposed to be served by the establishment of a subdivision. If the results of such an inquiry indicate that a subdivision will not serve the public use, interest or need, the Commission may recommend denial of such subdivision. The Commission shall ensure that a subdivision is consistent with the Comprehensive Plan and Urban Services Ordinance. Land which the Commission has found to be unsuitable for subdivision due to flooding, bad drainage, steep slopes, rock formations or other feature likely to be harmful to the safety, welfare and general health of the future residents, - and the Commission considers inappropriate for subdivision, - shall not be subdivided unless adequate methods which are consistent with the City's Wetlands and Environmentally Sensitive Areas Protection Ordinances are formulated by the developer and approved by the Community Development Director. C. STREETS. 1. The arrangement, character, extent, width, grade and location of all streets shall conform with the Comprehensive Plan, the Capital Facilities Plan, the Urban Services - 92 - Ordinance, and the Urban Services Standards and Guidelines, and shall be considered in their relation to existing and planned roads, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such roads. 2. Where such is not shown on the Comprehensive Plan, the arrangement of streets in a subdivision shall either provide for the continuation or appropriate projection of existing streets in the surrounding area; or shall conform to a street plan for the neighborhood, approved by the City, to meet a particular situation where topographic or other conditions make continuance or conformance to existing streets impracticable. This shall also apply to cluster subdivisions. 3. If a street plan for an area has been made by the City, the street layout of a proposed subdivision in such an area shall be in general conformance to the plan. 4. When a portion of a subdivider's tract is to be subdivided, a street plan for the entire tract shall be submitted to indicate how the street pattern of the plat submitted will coordinate with the entire tract when fully platted and with streets in the surrounding area. 5. Where a tract is subdivided into lots or tracts larger in area than twice the minimum lot size, the City may require an arrangement of lots and streets such as to permit a later re- subdivision in conformity with the street and lot requirements specified in these Regulations. 6. Where a proposed subdivision abuts or contains an existing or proposed arterial street of or is adjacent to an existing or planned business, commercial or industrial district, the City may require treatment as may be necessary (1) for the adequate protection of residential properties; and (2) to afford separation of through and local traffic. 7. Where a subdivision borders or contains a railroad or limited access highway right -of -way, the City may require a road approximately parallel to and on each side of such right -of -way at a distance suitable for appropriate use of the intervening land. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. 8. Streets shall be laid out so as to intersect as nearly as possible at right angles. Acute angle intersection shall be avoided. 9. There shall be no reserve strips controlling access to roads, except where the control of such strips is definitely placed with the City under conditions approved by the Commission. 10. Sidewalks, pedestrian walkways, and other planning features that intended to assure safe walking conditions for students who only walk to and from school shall be provided pursuant to RCW 58.17.060 and 58.17.110. D. BLOCKS. 1. The lengths, widths and shapes of blocks shall be determined with due regard to provision of adequate building sites suitable to the special needs of the type of land use contemplated, the zoning requirements as to lot area and dimensions, limitations and opportunities of the topography and other environmental constraints, needs for convenient access, circulation, control and safety of vehicular and pedestrian traffic, and the desired urban design of the City. 2. Where the local access streets follow a grid system, the width of blocks shall be sufficient for two tiers of lots, unless existing conditions are such, in the judgment of the City, to render such requirements undesirable or impractical. - 93 - 3. Where the local access streets follow a curvilinear system, the size of blocks should follow the large rectangular area bounded by arterial streets, unless future considerations are such that, in the judgment of the City, will render such allowances undesirable or impractical. 4. For residential subdivisions, where frontage is on an arterial, the short dimension of the block should front the arterial. 5. Pedestrian crosswalk and sidewalks shall be required where deemed essential to provide circulation or access to schools, playgrounds and parks, shopping areas, arterial streets and trails, and other community facilities. E. LOTS. 1. The lot area, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision, for the type of development and land use contemplated, and for the type of street systems planned for the area, and shall conform with the requirements of the Zoning Ordinance. 2. Excessive depth in relation to width shall be avoided. No lot shall have a depth greater than three times its width. 3. Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets. 4. To ensure public health, convenience and safety, the subdividing of land shall provide, by means of a public street, each lot with direct access to an existing public street that is improved to City street standards. 5. Double frontage and reverse frontage lots shall be avoided, except where essential to provide separation of residential development from arterial streets or to overcome specific disadvantages of topography and orientation. A planting screen easement across which there shall be no right of access shall be provided along the line of lots abutting such a principal arterial street or disadvantageous use. 6. Side lot lines shall be substantially at right angles or radial to street lines and front lot lines. 7. No lot or lots for residential purposes shall be divided or sold into additional lots or building sites, without compliance with Title 16 PAMC. F. PUBLIC SPACES. 1. Where a proposed park, playground, school, or other public use shown in the Comprehensive Plan, including the Capital Facilities Plan, and Urban Services Ordinance is located in whole or in part in a subdivision, the City may require the dedication or reservation of such area within the subdivision in those cases in which the City deems such requirement to be reasonable. 2. Where deemed essential by the City due to the location of the subdivision and upon consideration of the particular type of development proposed in the subdivision, and especially in subdivisions of 30 lots or more, the City may require the dedication or reservation of such areas or sites of a character, extent and location suitable to the needs created by such large subdivisions for schools, parks and other neighborhood purposes. 3. Due regard shall be shown for the preservation of outstanding natural and cultural features such as scenic spots, water courses, and historic sites, consistent with the Comprehensive Plan, the Wetlands Protection Ordinance, and the Environmentally Sensitive Areas Protection Ordinance.. G. EASEMENTS. - 94 - 1. Utility easements shall be provided, centered on front, rear, or side lot lines, where possible. 2. Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right -of -way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose. Parallel roads or parkways may be required in connection therewith. H. STREET LIGHTING. Street lighting installations shall be located in reference to the dimensions of full grown trees and in accordance with the determinations and standards of the Public Works & Utilities Department. I. DIMENSIONAL STANDARDS. Variations from and exceptions to the following standards may be made by the City, where topographic or other existing conditions make adherence to these Regulations impractical. J. STREET IMPROVEMENTS. Street Improvements shall be provided in accordance with the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. K. BLOCKS. 1. Maximum length of all blocks shall be approximately twelve hundred (1200) feet. 2. Minimum length of all blocks shall be approximately five hundred (500) feet. 3. Crosswalks may be required near the middle of all blocks longer than approximately eight hundred (800) feet. 4. Minimum width of all blocks with two tiers of lots (plus width of alley, if any), shall be three hundred (300) feet. L. LOTS. 1. The minimum width, depth, area and setback dimensions of all lots in proposed subdivisions shall conform with City Zoning Regulations. If any dimension in a plat approved by the City is more restrictive than the said Regulations, then the most restrictive dimension shall apply. M. BUILDING LINE SETBACK. 1. The building line setback from the property lines of all lots shall be indicated by a dashed line on all plats. 2. Required setbacks are a minimum, not a uniform standard. Varied setbacks along a street help avoid a monotonous barracks appearance. N. STANDARD PIPE SIZE. The size of water, sanitary sewer, and storm drainage pipes shall be as set forth in the Comprehensive Plan, Urban Services Ordinance, the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. O. PROCEDURE FOR REIMBURSEMENT Procedures for reimbursement shall be the same as that set forth in Section 13.68.140 PAMC. P. SIGNAGE One (1) free standing sign no larger than twenty -four (24) square feet in area shall be permitted for identification of the subdivision. The sign shall be placed in a location in conformance with the development standards of a particular zone. 16.08.070 - Requirements for Acceptance of Plats. - 95 - A. DATA REQUIRED FOR APPROVAL OF PRELIMINARY PLAT. The preliminary plat shall be at a scale of not less than two hundred (200) feet to one (1) inch. Data required for the preliminary plat shall include the following information, unless otherwise specified by the City: 1. Location, width and purpose of all easements, existing and proposed. 2. Name and right -of -way widths of all existing and proposed streets on or adjacent to the proposed subdivision. 3. Approximate location and size of all utilities (water mains, sewers, etc.) on an adjacent to the proposed subdivision. 4. Contours, based on City adopted vertical datum, shall have intervals of not more than 5 feet for slopes of 10% or more and not more than two feet for slopes of 10% or less. 5. Locations of and results of tests made to ascertain subsurface soil, rock, and ground water conditions, when required by the City Engineer. 6. Approximate locations of water courses, marshes, rock outcrops, wooded areas, natural retention areas, direction of drainage, culverts, houses, all non - residential land uses and all other significant features on and adjacent to the proposed subdivision. 7. Zoning on and adjacent to the proposed subdivision. 8. All highways or other major improvements planned by public authorities for future construction on or near the proposed subdivision. 9. A vicinity sketch showing relation of the proposed subdivision to the surrounding area with regard to major improvements. 10. The legal description of the tract to be platted, title under which the proposed subdivision is to be recorded, names and addresses of the owners, date, scale, north arrow. 11. The legal description of the proposed lots. 12. Ownership of unsubdivided land adjacent to the proposed subdivision and names of adjoining existing plats. 13. The required building setbacks and any existing buildings and /or major structures shall be shown for each proposed lot as well as their distances from property lines. 14. Identification of each lot and each block. 15. Approximate square footage and scaled dimensions of each lot. 16. Summary of site data, including total acreage, acreage in residential use, acreage in streets, and number of acres in parks and other non - residential land uses. 17. Environmental Checklist with filing fee. 18. Shoreline and Wetland permit applications and Environmentally Sensitive Areas Protection Ordinance compliance (when required). 19. Affidavits of posting and publication. B. SUBDIVISION IMPROVEMENTS REQUIRED. All street and utility improvements must be designed to comply with the current APWA standards and as specified by the City Engineer and with the Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. Plans and specifications for street and utility improvements must be approved by the City Engineer prior to the beginning of construction. Minimum improvements shall be as follows: C. STREETS. 1. The entire right -of -way shall be cleared and grubbed of all objectionable materials. Trees approved by the City for preservation shall be identified. - 96 - 2. Streets shall be graded and improved with paving, curbs and gutters, drainage and sidewalks, and pedestrian walkways according to the approved plans and roadway section. 3. Street lights shall be installed as specified by the City Engineer. 4. Street name signs shall be provided and installed by the City at cost to the developer. 5. Permanent monuments shall be installed and each lot shall be staked. D. UTILITIES. A water distribution system, storm drainage system, electrical distribution system and a sanitary sewage disposal system shall be designed and installed in accordance with the Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. E. PARKS. Parks and recreation shall be provided consistent with the Comprehensive Plan, the Urban Services Ordinance, and the Urban Services Standards and Guidelines promulgated consistent with and pursuant to PAMC 18.08.040 and 18.08.130. F. RECOMMENDED STREETSCAPE IMPROVEMENTS. 1. Street Trees. Sti t gees are a t t t prom ga a gtaie� ffStreet trees are to shall be planted within a planting strip in the right -of -way; of arterial streets. their- pProposed locations and species to be used arc to shall be submitted for review and approval by the City. The City can assist the subdivider in location of trees and species to use under varying conditions. Street trees are a protection against excessive heat and glare, enhance the attractiveness and value of abutting property, and reduce the amount of stormwater runoff. G. REQUIRED DATA FOR APPROVAL OF FINAL PLAT. The final plat shall be an eighteen (18) inch by twenty -four (24) inch permanent reproducible, and shall be at a scale of not less than two hundred (200) feet to one (1) inch. A reduced copy no larger than 11" x 17" shall be submitted with the final prints. For large subdivisions, the plat may be on several sheets, accompanied by an index sheet showing the entire subdivision. The final plat shall be accompanied by a report containing accurate square footage and dimensions of each lot and block and the coordinates of each monument; a title report; and shall include a warranty that all assessments in favor of the City have been paid. The final plat and survey shall be based on the Washington Coordinate System, North Zone, as adopted by the City. The final plat shall show the following: 1. A minimum of two permanent plat control monuments with coordinates, to which all dimensions, bearings, azimuths and similar data on the plat shall be referred. 2. Permanent monuments at all corners. 3. Subdivision boundary lines, right -of -way lines, easements, lot lines with accurate dimensions, bearings or azimuths, radii, central angles, and lengths of all curves. 4. Name and right -of -way width of each street. Any street not dedicated to the public must be so marked on the face of the plat (RCW 58.17.165). 5. Location, dimensions and purpose of all easements. 6. Identification of each lot and block with addresses shown on the lots. 7. The required building setbacks and any existing buildings and /or major structures shall be shown for each proposed lot as well as their distances from property lines. - 97 - 8. Purpose for which sites, other than residential, are dedicated to the public or reserved for future development. 9. The required building setbacks on each proposed lot. 10. Location and description of all monuments. 11. The title under which the subdivision is to be recorded, true north and grid north arrows, scale, and legend. 12. Legal description of the land to be platted; 13 The legal description of the proposed lots 14. Certification by registered land surveyor as to the accuracy of plat and survey. 15. Certificate by owner(s) containing the legal description of the land to be platted and dedicating roads, rights -of -way, easements and any sites for public purposes. 16. Certification of approval by: (a) the Planning Commission; (b) Director of Public Works and Utilities; (c) Health Department (when required); (d) City Council; (e) City Manager, City Clerk, Fire Chief, Community Development Director, and City Attorney. 17. Certification by the County Treasurer that all state and county taxes levied against the land to be subdivided have been paid in full. 18. Certification of filing by County Auditor. 19. If improvements are to be deferred rather than actually installed prior to final plat approval, the plat shall show a notation as follows: "No occupancy of dwelling units will be allowed until all roadway and utility improvements have been completed and approved by the City Engineer." 16.08.080 - Variances and Modifications. Where the City finds that extraordinary hardship may result from strict compliance with these Regulations, it may vary the Regulations so that substantial justice may be done and the public interest secured; provided that such variance will not have the effect of nullifying the intent and purpose of the Comprehensive Plan or these Regulations. The standards and requirements of these Regulations may be modified by the City through a Planned Residential Development which in the judgment of the Commission or the Council will provide adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which also will provide such covenants or other legal provisions as will assure conformity with and achievement of the plan. In granting variances and modifications, the City may require such conditions as, in its judgment, will secure substantially the objectives of the standards or requirements so varied or modified. 16.08.090 - Validity. Should any section, subsection, paragraph, sentence, clause or phrase of these Regulations be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of these Regulations. 16.08.095 - Agreements to Transfer Land Conditioned on Final Plat Approval - Authorized. If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel under this Chapter, the offer or agreement is not subject to PAMC 16.08.100 and does not violate any provision of this - 98 - Chapter. All payments on account of an offer or agreement conditioned as provided in this Section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. 16.08.100 - Enforcement and Penalties. Within any twelve -month period of time, any person, firm or corporation that has platted, subdivided or divided any parcel of land or property in two (2) or more lots or tracts, each of which is five (5) acres or less in area, for the purpose of providing building sites, and has failed to comply with the provisions of these Regulations, shall be subject to a fine not to exceed one hundred ($100.00) dollars for each lot or tract, or imprisonment in jail for a period not to exceed thirty (30) days, or both. Any person, firm or corporation who agrees to transfer, sell or option to sell any lot or tract by reference to a plat or map of a subdivision or division, before such plat has been filed for record in the office of the County Auditor, shall pay a penalty of one hundred ($100.00) dollars for each lot or tract transferred, sold, or optioned to be sold. Description of such lots or tracts by metes and bounds in the instrument of transfer shall not exempt the transaction from such penalty. The Community Development Department shall refer violations to the City Attorney for appropriate action to enforce these penalties 16.08.110 - Plat Occupancy. If the developer of a plat elects to assign savings or provide other security or trust approved by the City and thereby assure that the installation of the required improvements for final plat approval will be done to the satisfaction and approval of the City Engineer, building permits for the construction of houses within the plat will be issued to the developer subject to the following conditions: 1. The final plat must have received all required approvals and be recorded with the County Auditor. 2. No occupancy of any dwelling units will be allowed until all street and utility improvements have been completed and approved by the City Engineer. Section 7. Severability. If any provisions of this Ordinance or its applications to any person or circumstances is held to be invalid, the remainder of the Ordinance or application of the provisions of the Ordinance to other persons or circumstances is not affected. Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. - 99 - Section 9. Effective Date . This Ordinance shall take effect five days after its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 7th day of December, 2004. ATTEST: APPROVED AS TO FO William E. Bloor, ity Attorney PUBLISHED: December 12, 2004 By Summary G:\ Legal_ Backup\ ORDINANCES& RESOLUTIONS ',2004- 24.DevelopmentRegs- Chapter 14- 16.102604.wpd November 23, 2004 Summaries of Ordinances Adopted by the Port Angeles City Council on December 7, 2004 Ordinance No. 3178 This Ordinance of the City of Port Angeles, Washington, amends the 2004 budget, adopts the 2005 budget, and provides for a cost of living increase for certain city employees. Ordinance No. 3179 This Ordinance of the City of Port Angeles, Washington, amends and updates the City's development regulations to be consistent with the City's revised Comprehensive Plan by adding a new Chapter 15.02 Definitions, and amends Chapters 14.36, 15.20, 15.24, 15.28, and 16.08 of the Port Angeles Municipal Code. Ordinance No. 3180 This Ordinance of the City of Port Angeles, Washington, amends and updates the City's development regulations to be consistent with the City's revised Comprehensive Plan by amending portions of the Zoning Code, Title 17, of the Port Angeles Municipal Code. Ordinance No. 3181 This Ordinance of the City of Port Angeles, Washington, rezones the following described property: From RS -9 (Residential, Single Family (9,000 square feet)) and RMD (Residential, Medium Density), to RS -11 (Residential, Single Family (11,000 square feet)): The subject area is bounded on the southeast by Milwaukee Drive, the 16th Street right -of -way on the southwest, 106 Street and the Strait of Juan de Fuca on the north, and the cemetery on the west, with the exception of the area currently zoned RTP. From IL (Industrial, Light) to PBP (Public Buildings and Parks): Parcel #0630001173000000, Lot 173 except S & E of right -of -way Recorded in Surveys Volume 56, Page 10. From CN (Commercial Neighborhood) to CSD (Community Shopping District): The area adjacent to 8th Street bounded by Laurel and Oak Streets and the 7/8 alley on the north and the 8/9 alley on the south; also the area adjacent to 8th Street bounded by Chase and Peabody Streets, and the 7/8 alley on the north and the 8/9 alley on the south; except the area currently zoned PBP and occupied by the City of Port Angeles' Community Center parking lot. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. These Ordinances shall take effect five days following the date of publication by summary. Becky J. Upton, CMC City Clerk Publish: December 12, 2004