HomeMy WebLinkAbout3570 i
.wORDINANCE NO.
2JO.. .
AN ORDINANCE cal" the City of Peart Angeles, Washington amending
development standards by making changes to Chapter 15.20, 15.24,and
15.28 of the Peart Angeles Municipal Code relating to environment.
THE CITY COUNCIL OF THE CITY OF, PORT ANGELES DO ll1?1Z1u,B'1r""
ORDAIN AS FOLLOWS:
Section 1. Ordinance 2656 as amended, and Chapter 15 of the Port Angeles
Municipal Code relating to environment are hereby amended by amending Chapter 15 to
react as follows:
15.20.0 70- Development standards,
A. Streams. All areas falling within the corridors identified in the following Subsection are
sulaject to the requirements ofthis chapter.
1. Stream care-idors.This subsection defines corridor dimensions for different classes ofstrearns
and their tributaries as rated pursuant to WAC 222-16-02.0 and -030. All areas falling within
a corridor are subject to review under this chapter unless excluded by the Director of
Community and Economic Development. Dimensions are measured tram the seasonal high
water mark or elevation of'the stream or waterccaurse as follows:
Type 1 250 feet
Type 2 250 feet
Type 3 150 feet
Type e 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 shell preserve a buffer
which is wide enough to maintain the natural hydraulic and fish and wildlife,habitat functions
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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 (lie top of the batik or dike:
Type I 100 feet
Type 2 100 feet
Type 3 75 feet
Type 4 50 feet
'Type 5 none
3. Stream COITidors and buffers shall be increased to include streamside wetlands r,Oiich provide
overflow storage for stormwaters, feed water back to the stream during low flows or provide
shelter and f*(,)od for fish.
4. Additional buffers. The Director of Community and Economic 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 Director of
Community and Economic Development inay require the applicant to undertake alternative
on-site or off-site mitigation measures, including but not I itnited to a financial contribution to
projects or programs which seek to improve environmental quality Nvithin the same watershed.
B. Locally unique feature—R av i ties, marine bluffs and beaches and associated coastal drift
processes. All areas failing within the corridors identified in the fiollowing subsection are
subject to the requirements of this chapter.
1. Locally unique feature corridors: The fallowing 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 Director of Community and Economic Development:
Ravines 200 fiect;
Marine Bluffs 200 feet;
Beaches and Associated Coastal Drift Shoreline Management Jurisdiction
Processes
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Should locally unique feature corridors also overlay stream corridors, the criteria of this
section will be used.
Ravines 25 feet �
Marine Bluffs 50 feet.
Leaches and associated Coastal D Per the City's Shoreline Master Program as adopted by PAMC
Processes 15.0 .040
2. Buffers, The following bufT'ers of undisturbed vegetation shall be established from the top of
ravines;; the top and toe of marine bluf'f's and ravines:
. 1Jndisturbed buffers adl`oinin2 both marine bluff's and beaches shall be sufficient to assure that
natural coastal drift processes will remain unimpaired..
4. Duffer reduction. The buffer~ may be reduced when expert verification and environmental
information demonstrate to the satisfaction of the Director of Community and Economic
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 of ravine sidewalls and blcrfl's„
c. Use constrerctiotr 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 Director of Community and Economic 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 Director of
Community and Economic DeveloprTreut may require the applicant to undertake alternative
can-site or off-site mitigation measures, including but not limited to a substitute fee per
subsection 15.20.080 1.2.c., for projects or programs which seek to improve environmental
quality within the same watershed.
6. Viewshed enhancement. In ravine and marine bluff buffers, the Director of Community and
Economic Development may approve alterations in vegetation coverage for the purposes of
viewshed enhancement, so long;as such alterations will not:
a. Increase geological hazards such as erosion potential, landslide potential, or seismic hazard
potential.
b. Adversely affect significant fish and wildlife habitat areas.
c. Remove with appropriate and/or acceptable pruning I)ractices by thi""ing more than 25% of
the live crown ofa tree iii over any live-year period. Pruning shall be in suI212ort ofmaintainin
tree health and vigor and shall be in accordance with ANSI A300. Tree toonitw is not an
acceptable orunins-, oractice.
d. Include felling, topping, or removal of trees.
The landowner shall replace any trees that are felled or topped with new trees at a ratio oftwo
trees for each tree t'elled or topped (2:1) within one year in accordance with an approved
restoration plan. Tree species that are native and indigenous to the site and a minimum caliper
of two inches shall be used. Any street trees that are felled or topped shall be replaced in I
accordance to PANIC It.]3.050.
C. Geological hazard (erosion, landslide, seismic) areas. Areas containing or adjacent to
geological hazard areas shall be altered only when the Director of Community and Economic
Development concludes, based on environmental information, the following:
I. 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 Nvill 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
tile proposed development and a quantitative analysis of slope stability indicates no significant
risk to tile 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 as 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. 'file development proposal can be designed so that it will minimize any risk of haste from
seismic activity to public health, safety or welfare oil or off the site.
c. Construction on artificial fills is certified by a civil engineer with geoteclinical expertise as
safe from earthquake darnage as a similar development not located out artificial fill. This
requirement may be waived for actions involving ininor changes, alterations or additions to
developed properties, provided that such activities do not jeopardize public health, safety or
welfare on or off the site.
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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
professionals as prescribed in PANIC 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:
I. 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(SEPT)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.
R Limited density transfer. The calculation of potential dwelling units in residential
development proposals and allowable floor area in nonresidential development proposals
shall be determined by the ratio of developable area to undisturbable environmentally
sensitive area of the development site except as otherwise provided fbr wetlands ill tile City's
Wetlands Protection Ordinance,Chapter 15.24 PANIC.The following flormula for density and
floor area calculations is designed to provide compensation for tile preservation of
environmentally sensitive areas, flexibility, in design, and consistent treatment of different
types of development proposals.
I. 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/D(J)l + [(Undisturbable Area) divided
by(Minimum Lot Area/DL.J)(Development Factor)] =Maximum Number of Dwelling (Jnits.
The maximum amount of non-residential floor area for a site which contains undisturbable
environmentally sensitive areas is equal to:
[(Maximum Permitted FloorArea/Lot rea)(Developable area)] +- [(Maximum Permitted
FloorArea/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 ofdwelling 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 rna imam allowable floor area
for a site which contains undisturbable environmentally sensitive areas. The development
factor is derived from the following table:
Undisturbable Sensitive Area Development
as Percentage of Site factor
1-10 .30
1-20 .27
21--®30 .2
31_....__. 0 .21
41.._.50 .1
51-...._.. 0 .15
fa q.._._.70 .12
71__-___80 .0
81_90 06
9l_____99 .0
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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 Director of Community and Economic
Development 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
c. 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 1.3.
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 ol' the
environmentally sensitive area;
c. The new alteration does not further disrupt the natural functions and values of the
environmentally sensitive area-
& 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 hollowing:
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a. Nondestructive pruning and trimming of vegetation for maintenance purposes. 'free topping.
is considered a destructive trimming practic
b. Thinning of limbs of individual trees to provide for viewshed enhancement that will not harm
tree health and vijyor; or
c. Removal of' tionnative vegetation and replacement with native vegetation; provided that
increased erosion, landslide, or other adverse impacts to the environmentally sensitive areas
do not result.
S. if the Director of Community and Economic Development 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.
6. Alternatively, if the Director of Community and Economic Development determines that
application of these standards would deny all reasonable economic use of the property, the
City may take the property for public use, with just compensation being made.
B. Emergencies. 'I'he Director of Community and Economic Development may approve
improvements or alterations that, are necessary to respond to ernergencies 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 P,AMC
15.20.060(13)(4).
C. Drainage flacilities. Streams and their buffers may be altered for use as a drainage facility
provided that all requirements of the City of Port Angeles Stomiwater 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
Director of Community and Economic Development may approve drainage facilities in a
stream only where fie/she determines that 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 Director of Community and Economic 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 W
habitat.- hen street tree(s) are removedrn
, replaceent trees, or a fee-in-
lieu shall be reg uired in accordance with PAMC IL 13.050.
3. Trail construction and maintenance shall follow the U.S. Forest Service "Trails Management
Handbook" (FSH 2309.18, Jume 1987()ctober 2008 and "Standard Specifications for
Construction of Trails" (EM-7720-10-23,Ame 1984 September 1996) as [nay be amended, or
trail standards adopted by the City of Port Angeles;
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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;afld,
6. Within buffers, trails and trail-related facilities shall be aligned and constructed to minimize I
disturbance to stream functions and values".-
7. In areas where impervious paths and trails are used.pernigable pavernent shall be used where
feasible. All permeable trails must have a maintenance plan.
E. Utilities. Ever),attempt shall be made to avoid locating utilities within streams. The Director
of CornolUnity and Economic Development 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 areas;
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;
6Crossings shall not diminish flood-carrying capacity;
7. (.7rossings shall provide for maintenance of culverts, bridges and utilities; and
8. Crossings shall serve multiple properties whenever possible.
G. Time limitation. A development exception automatically expires and is void if the applicant
tails to file for a building permit or other necessary development permit within one year of
the effective date of the development exception, unless either:
I, The applicant has received an extension for the development exception pursuant to subsection
H. of this section;
I The development exception approval provides for a greater time period.
H. Time extension. The Director of Community and Economic Development may extend a
development extension, not to exceed one year, if,
I. Unforeseen circumstances or conditions necessitate the extension of the development
exception;,
I Termination of the development exception would result in unreasonable hardship to the
applicant, and the applicant is not responsible for the delay; and
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3. The extension of the development exception will not cause adverse impacts to
environmentally sensitive areas.
1. Mitigation. For any allowable development exception provided under this section, tlae
following restoration and compensation mitigation measures to minirnize and reduce impacts
to environmentally sensitive areas shall be required, and a mitigation plan per subsection 1.3.
of this section shall be completed and must be approved by the Director of Community and
Economic 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, biotiltration and meandering.
ii. The Director of Community and Economic 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 cat.the Director of Community and Economic
Development to postpone or limit development may be appealed per section 15.20.110.
b. Beaches and coastal drift processes.
L The applicant shall restore,enhance, or create the beach and associated coastal drift processes
per the City's Shoreline Master Program as adapted by PANIC.
ii. The Director of Community and Economic 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 Director of Community and Economic
Development to postpone or limit development may be appealed per section 1.5.20.110.
c. Substitute fees. In cases where the applicant demonstrates to the satisfaction of the Director
of Community and Economic Development that a suitable compensation site does not; exist,
the Director of Community and Economic 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 fort Angeles Regional watershed.
'file 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 Director of Community and. Economic Development.
2. Mitigation plans.All restoration and compensation required for development exceptions shall
follow a mitigation plan prepared by qualified professional experts as prescribed in PAMC
15.20.060(b)"4) containing the fallowing components:
a. Baseline information. Quantitative data shall be collected and analyzed f'or both the impacted
environmentally sensitive area and the proposed mitigation site, if different from the impacted
environmentally sensitive area,fallowing procedures approved by the Director ofCommunity
and Economic Development;
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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 oftarget 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 lie 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 milestories, successes, problems and
contingency actions of the, restoration or compensation prcJect, The Director of Community,
and Economic Development shall require that the applicant nnonitor the compensation or
restoration project for a minimum of two years,
f. Contingency plan. A plan shall be provided Bally 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 arid maintenance securities. Securities ensuring fulfillment of the mitigation
project,monitoring program and any contingency measures shall be posted pursuant to section
1.5.20.100.
4. Finial Approval, "1"he Director of Community and Economic Development shall grant filial
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.
15,21.050 - 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
, below;
1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals,organic matter,
or material of any kind;
2. The dunnping, discharging, or filling with any material,
The draining, flooding, or disturbing of the water level or water table.
4. The driving of pilings,
5, The placing of obstructions;
h, The construction, reconstruction, demolition, or expansion ofany structure;
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T 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 riot part ofa 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. Storrawater discharges from stormwater facilities or structures may
be allowed when they are in accordance with City of Port Angeles' stormwater plan. In
accordance with Appendix I-D of the Department of Ecology's SWMMWW (2014), Ethe
discharge shall not significantly increase or decrease the rate of flow and/or hydroperiod, nor
decrease the water quality of the wetland. Pre-treatment Of surface water discharge through
biofiltration or other best management practices (BMPs) shall be required. Bioretention cells
and swales,and conversion of existing drainaae ditches to bioretention cells and swales within
the outer 25 vercent of a wetland baaffer ma be allowed if deliaaeci in accordance with
Department of Ecology's SWMMWW 2014).
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 casements, viewing points,etc; and
c. The road or street repair and construction are the minimum necessary tea provide safe, roads
and streets.
d. Mitigation shall be petfornied in accordance with specific pr(ject mitigation plan
requirements.
10. Land divisions and land use permits, All proposed divisions of land and [arid uses (including
but not limited to the following: short plats, Subdivisions, planned residential developments,
binding site plans, conditional use permits, clearing, grading, and filling permits) which
include regulated wetlands, shall comply with the following procedures and development
standards:
a. Regulated wetlands, except the area with perniatient 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
riot be possible by typical lot-by-lot development, the use of the clustered development or
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similar innovative site planning is strongly encouraged for projects with regulated wetlands
on the site.
d. After preliminary approval and prior to final land division approval or other land use permit
approval, the department may require that the common boundary between a regulated wetland
or associated buffer and the adjacent land be identified using permanent signs and/or fencing.
In lieu of signs and/or fencing, alternative methods ofwetland 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. dewing platforms and benches,and access to them,shall be designed and located to minimize
disturbance of'wildlife habitat and/or critical characteristics of"the affected wetland.
d. Trails and rebated 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 30 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 by the department.
12, Parks, Development of public parr: 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 76.0/9 RC W 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;
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2. Outdoor recreational activities, including but not united to fishing, birdwatching, hiking,
boating, horseback riding, swimming, canoeing, and bicycling;
3. The harvesting of wild crops in a rnanner that is not injurious to natural reproduction of such
crops and provided the harvesting does not require tilling of soil, planting of crops, or
alteration of the wetland by changing existing topography,water conditions,or water sources;
4. Existing and ongoing agricultural activities, including farming, horticulture, aquaculture,
irrigation, ranching or grazing of' animals. Activities on areas lying fallow as part of a
conventional rotational cycle are part of an ongoing operation, Activities which bring an area
into agricultural use are not part of an ongoing operation. An operation ceases to be, ongoing
when the area on which it was conducted has been converted to another use or has laid idle
so long that modifications to the hydrological regime are necessary to resume operations;
5. The maintenance (but not construction)of drainage ditches;
6. Education, scientific research, and use of nature trails;
7. Navigation aids and boundary markers;
& Boat mooring buoys;
9. Site investigative work necessary for land use application submittals, such as surveys, soil
logs, percolation tests, and other related activities. In every case, wetland impacts shall be
minimized and disturbed areas shall be immediately restored; and
10, The following uses are allowed within wetlands and/or wetland buffers provided that written
notice at least ten days prior to the commencement of such work has been given to the Director
of Community and Economic Development,and provided that wetland impacts are minimized
and that disturbed areas are immediately restored:
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 ofexisting serviceable structures within a buffer zone where modification
does not adversely impact wetland functions.
C Special pen-nit uses. Any activity other than those specified in subsection B. may not be
conducted in wetlands or wetland buffers except upon issuance of a wetland permit by the
Director of(",'ornmunity and Economic Development.
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:
I. A proposed action avoids adverse impacts to regulated wetlands, its functions,or their buffers
or takes affirmative and appropriate measures to ininirnize and compensate for unavoidable
impacts;
2. The proposed activity results in no net loss of wetland area and function; of-
3. Denial of a permit would cause an extraordinary hardship on the applicant.
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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:
I, 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 1524,020.
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 1:
High intensity 300 feet
Low intensity 200 feet
b. Category It:
I ligh intensity, 200 feet
Low intensity 100 feet
c. Category III:
fligh intensity 100 feet
Low intensity 50 feet
d. Category IV:
Iligh intensity 50 feet
Low, intensity 25 feet
2. Increased wetland buffers zone width: The Director of Community and Economic
Development shall require increased standard buffer zone widths on a case-by-case basis
when a larger buffer is necessary to protect wetlands functions and values, based on local
conditions. This determination shall be supported by appropriate documentation showing that
it is reasonably related to protection of the functions and values ofthe regulated wetland, Such
determination shall be attached as a permit condition and shall demonstrate that:
a. A larger buffer is necessary to maintain viable populations of existing species; or
b. The wetland is used by species proposed or listed by the Federal Government or the State as
endangered,threatened, rare,monitor,or sensitive,critical or outstanding potential habitat for
those species,or has unusual nesting or resting sites, such as heron rookeries or raptor nesting
trees; or
c. The adjacent land is susceptible to severe erosion, and erosion control measures will not,
effectively prevent adverse wetland impacts; or
d. The adjacent land has minimal vegetative cover or slopes greater than 15 percent.
3. Reduction of standard wetland buffer zone width: The Director of Community and Econornic
Development may reduce the standard wetland buffer zone widths on a case-by-case basis
where it can be demonstrated that:
a. The adjacent land is extensively vegetated and has less than 15 percent slopes and that no
direct or indirect, short-term or long-term, adverse impacts to regulated wetlands, as
determined by the Director of Community and Econornic Development, will result from a
regulated activity.The Director of Community and Econornic Development may require long-
term monitoring of the project and subsequent corrective actions if adverse impacts to
regulated wetlands are discovered; or
b. Theproject includes a buffer enhancement plan using native vegetation which substantiates
that an enhanced buffer will improve the functional attributes of the buffer to provide
additional protection for wetlands functions and values. An enhanced buffer shall not result
in greater than a 25 percent reduction in the buffer width, and the reduced buffer shall not be
less than 25 feet.
4. Standard wetland buffer width averaging: Standard wetland buffer zones may be modified by
averaging buffer widths. Wetland buffer width averaging shall be allowed only where the
applicant demonstrates all of the following:
a. That averaging is necessary to avoid all 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 100 percent of the buffer area under the standard buffer
requirement:
b, Reduction of the overall buffer area by no more than 25 percent of the area required under the
standard buffer requirement;
c. Enhancement of existing degraded buffer area and replanting of the disturbed buffer area;
d. Use of LID BMPs and/or linfiltration of stormwater where soils permit where feasible;
e. Retention of existing native vegetation on other portions of the site in order to offset habitat
loss from buffer reduction.
6. Except as otherwise specified, wetland buffer zones shall be retained in their undisturbed
natural condition except where the buffer can be enhanced to improve its functional attributes.
Buffers that are in their natural condition should not be altered and should remain in their
natural condition and be enhanced whenever possible. Any buffer enhancement and/or limited
16
i ;
view clearing activity must be reviewed and approved by the department, leo refuse shall be
placed in the buffer. "here buffers have been altered or disturbance has occurred during
construction and ecological functions and values have been lost, restoration is required to
replace lost functions and values.
7. Permitted uses in a wetland buffer zone: In addition to those activities allowed in regulated
wetlands in this section,the following activities are allowed in wetland buffers without having
to meet the protection standards,or requirements for wetland studies or mitigation set forth in
this section, provided that impacts to buffers are minimized and that disturbed areas are
immediately restored.
a. In association with a single family residence only, the establishment and expansion of lawns,
landscaping, orchards, gardens, and fences, provided that:
i. Lawns, landscaping, orchards, and gardens 4+a4-be 4+a4—beare only llowed within the outer 25
percent of the buffer width where no other area within a
property is available to accommodate these land uses. Native vegetation shall be Drotected
within wetland buffers to the maximum extent practicable.leo 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 may be allowed. 'these include low intensity, passive recreational activities such as
in bA�Fs shall behtile wetlaild,
shall not-if"W-1-4
wildlife viewing and hiin r.
c. Within the bufiurs of Category III and IV wetlands only, vegetation-lined swales and LID
BMPs designed for stormwater management or conveyance when topographic restraints
determine there are no other upland alternative location. Swales, I_JD BMPs and an
stormwater dischar ges from the swales/BMPs used
iieeessar-ymust also protect wetland functions in accordance with ApOendix I-D of the
Department ofEcolo *s SWMMWW (2014)+
ll. Building and impervious surface setback. lines: A building or impervious surface setback line
of 15 feet is required from the edge of any wetland buffer. Minor structural intrusions into the
area of the building setback may be allowed if the Director of Community and Economic
Development detett-nines that such intrusions will not negatively impact the wetland. 'Fhe
setback shall be identified on a site plan which is filed as an attachment to the notice on title
required by subsection 15.24.060.C.6.
D. .Avoiding wetland impacts:
I. regulated activities shall not be authorized in a regulated wetland except where it call be
demonstrated that the inipact is both unavoidable and necessary or that all reasonable
economic uses are denied.
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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.
1 With respect to Category It and III wetlands,the following provisions shall apply:
a. For water-dependent activities, unavoidable and necessary impacts can be dernonstrated
where there are no practicable alternatives which would not involve a wetland or which would
riot have less adverse impact on a wetland, and would riot have other significant adverse
environmental consequences.
b. Where nonwater-dependent activities are proposed, it shall be presumed that adverse impacts
are avoidable. This presumption may be rebutted upon a.demonstration that:.
i. The basic project purpose cannot reasonably be accomplished utilizing one or more other sites
in the general region that would avoid,or result in less„adverse impact on a regulated wetland;
and
ii. A reduction in the size, scope, configuration, or density of the project as proposed and all
alternative designs of the project as proposed that would avoid, or result in Less, adverse
impact on a regulated wetland or its buffer will not accomplish the basic purpose; of the
project; and.
iii. In cases where the; applicant has rejected alternatives to the project as proposed due to
constraints such as zoning,deficiencies of infrastructure,or parcel size,the applicant has made
reasonable attempts to remove or accommodate such constraints.
4. With respect to Category IV wetlands, unavoidable and necessary impacts can be
demonstrated where the proposed activity is the only reasonable: alternative which will
accomplish the applicant's objectives.
E. Reasonable use exception:
I. If an applicant for a development proposal demonstrates to the satisfaction of the Director of
Community and Economic Development that application of these standards would deny all
reasonable economic use of the property, development as conditioned may be allowed ifthe
applicant also demonstrates all of the following to the satisfaction of the Director of
Community and Economic Development:
a. That the proposed project is water-dependent or requires access to the wetland as a central
element of its basic function, or is not water-dependent but has no practicable alternative,
pursuant to subsection 15.24.070.D.;
b. "That no reasonable use with less impact on the wetland and its buffer is possible (e.g.,
agriculture, aquaculture, transfer or sale of development rights or credits, sale of open space
easements, etc.);
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
acid lot layout, and/or related site planning considerations, that would allow a reasonable
economic use with less adverse impacts to wetlands and wetland buffers;
18
i
d. 'That the proposed activities will result in minimurn 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 away necessary alteration in
wetland buffers to the extent passible;
f. "fhat the proposed activities will not jeopardize the continued existence of` endangered,
threatened,rare,sensitive,or monitor species as listed by the lw'ederarl government or the State
of Washington;
g. That the proposed activities will not cause significant degradation of groun6NNater or surface
water duality;
h. That the proposed activities comply with all State, local, and Federal laws, including those
related to sediment:control, pollution control, floodplain restrictions, and can-site wastewater
disposal;
i. That any and all alterations to wetlands and wetland buffers will be mitigated as provided in
subsection 15.74.070.1-1,7.;
j. That there will be no damage to nearby public or private property and no threat to the health
or safety of people can or off tine 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.
7, If tine Director of Community and economic Development determines that alteration of a
wetland andfor wetland br,uffer is necessary and unavoidable, the Director of Community and
Economic Development shall set Barth in writing in the file he maintains regarding a permit
application his findings with respect to each of the items listed in this subsection.
Alternatively, if the Director of Community and Economic Development determines that
application of these standards would deny all reasonable economic use of tlae property, tine
City may take the property for public use with dust compensation being made..
F. Minimizing wetlands impacts:
1. After it has been determined by the Director of Community and Economic Development
pursuant to subsection 15. 4,070.1 . that losses of wetland are necessary and unavoidable or
that all reasonable economic use has been denied, tile 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;
& 'Caking 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;
19
i
f. Involving resource agencies early in site planning; and
f;. Providing protective measures and best management practices, such as siltation curtains, tray
bales, and Cather 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
Director of Community and Economic Development shall determine allowable dwelling units
for residential development proposals based on the formulas below.
The following, formula for density„ calculations is designed to provide incentives for the
preservation of wetlands and wetland buffers, flexibility in design, and consistent treatment
of different types of development proposals, The formula shall apply to all properties within
existing residential zones on which wetlands and wetland buffers are located.
The ma imua°n number of dwelling units(DU)for a lot or parcel which contains wetlands and
wetland buffers shall be equal to: (acres in Wetland Buffer)(DWa cre)(Density Credit).
The density credit figure is derived from the following table:
Percentage of site
Tensity Credit
in buffers
1-----10% 100%
11-20% 90%
21-300,10 8Cb�'/,�
31-40% 20%
41-50%n 600,✓a
51-- 00;/o 50%
61-70% 40"�'a
71-80% 30%
91--99% 10%
20
The density credit,can only,be transferred within the development proposal site. To the extent
that application of the fortnula 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
�I
credit allow average lot size to fall below the minimum standard allowed by underlying
zoning,the applicant shall use planned residential development procedures for project review.
The Director of Community and Economic Development shall not allow credit for density ft)r
the portions of the site occupied by wetlands.
H. Acting oil 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 andlor wetland buffer in field investigations performed pursuant to
subsection 15.24,040.C. Sensitive area tracts are legally created tracts containing wetlands
and their buffers that shall remain undeveloped in perpetuity, Sensitive area tracts are an
integral part of the lot in which they are created; are, not intended for sale, lease or transfer;
and shall be included in the area of the parent lot for put-poses Of Subdivision method and
minimurn lot size.
b. Protection of sensitive area tracts: The Director of"Community and [,conomic Development
shall require, as a condition of"any pen-nit issued pursuant to this chapter, that the sensitive
area tract or tracts created pursuant to subsection I 5.24.070.H.1. be protected by one of the
following methods:
i. The perm it holder shall convey an irrevocable offer to,dedicate to the City of Port Angeles or
other public or tion-profit entity specified by the Director of Community and Economic
Development, an easement for the protection of native vegetation within a wetland and/or its
buffer; or
ii. The permit holder shall establish and record a permanent and irrevocable deed restriction on
the property title of all lots containing a sensitive area tract or tracts created as a condition of
this permit. Such deed restriction(s) shall prohibit in perpetuity the development, alteration,
or disturbance of vegetation within the sensitive area tract except for purposes of habitat
enhancement as part of an enhancernent project which has received prior written approval
from the City of Port Angeles, and any other agency with jurisdiction over Such activity,
c. The deed restriction shall also contain the following language:
"Before beginning and during the course of any grading, building construction, or other
development activity on a lot or development site subject to this deed restriction,the common
boundary between the area SUbJect to the deed restriction and the area of development activity
must be fenced or otherwise marked to the satisfaction of the City ofPort Angeles."
d. Regardless of the legal method of protection chosen by the Director Of COMITILInity and
Economic Development, responsibility for maintaining sensitive areatracts shall be held by
a homeowners association, adjacent lot owners, the permit applicant or designee, or other
appropriate entity as approved by the Director of Community and Economic Development.
21
e. The following, note shall appear oil tine 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
frau°all affected lots: I
"NOTE:E: All lets adjoining separate sensitive area tracts identified as Native Vegetation
Protection basements or protected by deed restriction, are responsible for maintenance and
protection of the tracts, Maintenance includes ensuring that no alterations occur within tine
separate tract and that all vegetation remains undisturbed for other than natural reasons,rainless
tine express written authorization of the City ofPort Angeles has been received."
f. The common boundary between a separate sensitive area tract and the adjacent land must be
permanently identified. This identification shall include permanent wooden fence and/or
metal signs on treated wood or metal hosts. 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 fort Angeles Planning Department for more information."
g. Sign locations and size specifications shall be approved by the Director of Community and
Economic Development. The Director of Community and Economic Development shall
require permanent f'encing of the sensitive area tract or tracts. In lieu of fencing, alternative
methods of wetland and buffer identification may be approved when such methods are
determined by the department to provide adequate protection to the wetland buffer.
h. Additional conditions:
i. The location of the outer extent of the wetland buffer and true areas to be disturbed pursuant
to an approved pen°nit shall be marked in the field, and such field marking shall be approved
by the Director of Community and Economic Development prior to tine commencement of
permitted activities. Such field markings shall be maintained throughout the duration of the
pert-nit.
ii. The Director of. Community and Economic Development may attach such additional
conditions to the granting of a special use permit as deemed necessary to assure the
preservation and protection of affected wetlands and to assure compliance with the purposes
and requirements of this chapter.
2. Bonding:
a. Performance bounds: "The Director of Connnnunity and Econornic Development may require
the applicant of a development proposal to post a cash performance bond or other security
acceptable to the Director of Community and Economic Development in am amount and vv ith
surety and conditions sufficient to fulfill the requirements of subsection 1.5,24.070.H.6. and,
in addition,to secure compliance with other conditions and limitations set forth in the permit.
T'he amount and tine conditions of the bond shall be consistent Nvith the purposes of this
chapter. In the event of a breach of any condition of any such brand, the City of bort Angeles
may institute an action in a court of competent jurisdiction upon such bond and prosecute the
same to judgment and execution. The Director of Community, and Economic Development
shall release the bond upon determining the following, provided that prior to such written
release of the bond, the principal or surety cannot be terminated or canceled;
22
L All activities, including any required compensatory mitigation, have been completed in
compliance with (lie terms and conditions ofthe permit and the requirernents of this chapter;
ii. The posting by the applicant of a maintenance bond has occurred.
b. Maintenance bonds: The Director of Community and Econornic Development shall require
the holder of'a development permit issued pursuant to this chapter to post a cash performance
bond or other security acceptable to the Director of Community and Economic I)eveloprrient
in an amount and with surety and conditions sufficient to guarantee that structures,
improvements, and mitigation required by the permit or by this chapter perform satisfactorily
for a minimum of two years after they have been completed. The Director of Community and
Econornic Development shall release the maintenance bond upon determining that
performance standards established for evaluating the effectiveness and success of the
structures, improvements, and/or compensatory mitigation have been satisfactorily met for
the required period. For compensation projects, the performance standards shall be those
contained in the mitigation plan developed and approved during the permit review process,
pursuant to Subsection 15.24.070.H.7. The maintenance bond applicable to a compensation
project shall riot be released until the Director of Community and Economic Development
determines that performance standards established for evaluating the effect and success of the
project have been met.
3. Other laws and regulations: No permit granted pursuant to this chapter shall remove an
applicant's obligation to comply in all respects with the applicable provisions of any other
federal, state, or local laNv or regulation, including but not limited to the acquisition of any
other required permit or approval.
4. Suspension or revocation: In addition to other penalties provided for elsewhere, the Director-
of
irectorof Community and Economic Development rnay suspend or revoke a permit if'he/she finds
that the applicant or permittee has not complied with any or all of the conditions or limitations
set forth in the permit; has exceeded the scope of'work set forth in the permit; or has failed to
undertake the prqject in the manner set forth in tile approved application.
S. Publication of notice: The Director of Community and Economic Development shall cause
notice of his/her denial, issuance, conditional issuance,, revocation, or suspension of as permit
to be published in a daily newspaper having a broad circulation in the area wherein the wetland
ties. Such notice shall be published within five working days of the decision or order and shall
include at least the following:
a. A brief description of the project, including location;
b. 'The decision or order of the City with respect to tile 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 altenation of
wetlands and/or wetland buffers, or as an enforcement action pursuant to subsection
15,24,080,C,, the Director of Community and Economic Development shall require that tile
applicant engage in the restoration, creation, or enhancement of wetlands and their buffers in
23
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
15.24.070.FI.7. and shall meet the following minimum performance standards:
a. Given the uncertainties in scientific knowledge and the need for expertise and monitoring,
Nvetland compensatory projects may be permitted only when the Director of Community and
Econornic Development finds that the compensation project is associated with an activity or
development otherwise permitted and that the restored, created, or enhanced wetland will be
as persistent as the wetland it replaces. Additionally, applicants shall:
i. Demonstrate Sufficient scientific expertise, supervisory capability, and financial resources to
carry out the project;
ii. Demonstrate the capability for monitoring the site and to make corrections during this period
if the project fails to meet projected goals; and
iii. Protect and manage or provide for the protection and management of the compensation area
to avoid further development or degradation and to provide for long-term persistence of the
compensation area.
b. Wetlands restoration and creation:
i. Any person who alters regulated wetlands shall restore or create equivalent areas or greater
areas of wetlands than those altered in order to compensate for wetland losses.
ii. Where feasible, restored or created wetlands shall be a higher category than the altered
wetland.
iii. Compensation areas shall be determined according to function, acreage, type, location, time
factors,ability to be self-sustaining,and projected success. Wetland functions and values shall
be calculated using the best 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 1 6:1
Category 11 or I I I
24
Forested 3:1
Scrub-shrub _ 2:1
I
Emergent _ 1.5:1
Category IV 1.25:1
(A) Increased replacement ratio: The Director of Community and Economic, Development 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,
(2) Projected losses in functional value; or
(4) Off-site compensation.
(B) Decreased replacement ratio: The Director of Community and 1"conomic Development may,
decrease these ratios based on findings of special studies coordinated with agencies with
expertise which demonstrate that no net lass of wetland function or value is attained under the
decreased ratio.
(C:) In all cases, a minimum acreage replacement ratio of 1:l shall be required.
c. Wetlands enhancement:
i. Any applicant proposing to alter wetlands may propose to enhance existing significantly
degraded wetlands in carder 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
15.24.070.H.6., prodded that enhancement for one function and value will not degrade
another function or value and that acreage replacement ratios shall be doubled to recognize
existing functional values and, provided further, that Category I wetlands shall not be
enhanced.
d. Wetland type:
i. In-kind compensation shall be provided except where tine applicant can demonstrate that:
( ) The wetland system is already significantly degraded and out-of-kind replacement will result
in a wetland with greater functional value;
(f3) Scientific problems, such as exotic vegetation and changes in watershed hydrology make
implementation of in-kind compensation impossible; or
25
(C) OLIt-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:
L 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; an
(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) Fxisting,functional values at the site of the proposed restoration are significantly greater than
lost wetland functional values; or
(El T hat 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.
E Timing:
i. Where feasible, compensation projects shall be completed prior to activities that will disturb
wetlands, and immediately after activities that will temporarily disturb wetlands. In all other-
cases, except for Category I wetlands, compensatory projects should be completed prior to
use or occupancy, of' the activity or development which was conditioned upon such
compensation. Construction of compensation projects shall be timed to reduce impacts to
existing wildlife and flora.
g. Cooperative restoration, creation,or enhancement projects:
L The Director of Community and Economic Development may encourage, facilitate, and
approve cooperative prcjects wherein a single applicant or other organization with
demonstrated capability may undertake a compensation project with funding from other
applicants under the following circumstances:
26
ii
Restoration, creation, or enhancement at a Particular site may be scientifically difficult Or
(A)
impossible; or
(B) Creation of one or several larger wetlands may be preferable to many small vvetlands.
ii. Persons proposing cooperative compensation projects shall:
(A) Submit ajoint 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 I non-compensatory enhancement. Type I non-compensatory enhancement pr(jects
involve the filling, draining, or excavating of a regulated 'wetiand. All applications for Type
I 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.
L The enhancement plan must be submitted for review and approval by the Director of
Community and Economic Development:
ii. The enhancement plan must.either be prepared by a qualified wetlands consultant or accepted
in writing by the U.S. Fish and wildlife Set-vice, and the Washington Department of Fish and
Wildlife, or tile Washington Department of Ecology.
b. Type 2 non-cornpensatory enhancement. Type 2 non-compensatory enhancement prqjects
involve wetland alterations that do not include the filling, draining, or excavation of' a
regulated wetland. Such projects might involve the removal of non-native plant species. All
application for 'type 2 non-compensatory enhancement projects shall be accompanied by an
enhancement plan prepared in accordance with subsections (ii)a) - b), below, which
demonstrates that the proposed activities will result in an increase in wetland functions and
values.
i. The enhancement plan shall be Submitted for review and approval by tile Director of
Community and Economic Development;
ii. The enhancement plan must include a detailed description of the activity including the
following information:
(A) The goal of the enhancement project;
(B) What plants, if any, will be removed or planted;
(C) How the activity will be conducted, including the type(s) of tools or machinery to be used:
and
(D) 'rhe qualifications,of tile individual who will be conducting the enhancement activity.
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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.
8. Mitigation plans: All wetland restoration, creation, and/or enhancement projects require([
pursuant to this chapter, either as a permit condition or as time result of an enforcement action,
shall follow a mitigation plan prepared by qualified wetland professionals approved by the
Director of Community and Economic Development. The applicant or violator shall receive
written approval of the mitigation plan by time Director of Community and Economic
Development prior to commencement of any wetland restoration, creation, or enhancement
activity. Unless the Director of Community and Economic Development, in consultation with
qualified wetland professionals, deten-nines, 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. Basel ine information: A written assessment and accompanying maps of time:
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; buffiers; and ownership,
b. Environmental goals and objectives: A written report shall be provided identifying goals and
objectives and describing:
i. The purposes of the compensation measures, including a description of site selection criteria;
identification of compensation goals; identification of target evaluation species and resource
functions;dates for beginning and completion; and a complete description of the structure and
functional relationships sought in the new wetland, The goals and objectives shall be related
to the functions and values of the original wetland, or if out-of-kind, the type of wetland to be
emulated.
ii. A review of the available literature and/or experience to date in restoring or creating the type
of wetland proposed shall be provided. An analysis of the likelihood of success of the
compensation project at duplicating the original wetland shall be provided based on the
experiences of comparable projects, if any. An analysis of the likelihood of persistence of the
created or restored wetland shall be provided based on such factors as surface and ground
water supply and flow patterns; dynamics of time 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 time
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
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abundance and diversity tat-gets, 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 sedh-nent 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. 'rhese 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 draw,ings 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 arid 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:
L Establishing vegetation plots to track changes in plant species composition and density over
time;
ii. Using photo stations to evaluate vegetation community response;
iii. Sampling surface and subsurface waters to determine pollutant loading,and changes from the
natural variability of background conditions (pH, nutrients, heavy metals);
iv. Measuring base flow rates and storm water runoff to model and evaluate water quality
predictions, if appropriate;
v, Measuring sedimentation rates, if applicable; and
vi. Sampling fish and wildlife populations to, determine habitat utilization, species abundance,
and diversity.
A protocol shall be included outlining how the monitoring data will be evaluated by agencies
that are tracking the progress of the compensation project. A monitoring report shall be
submitted annually, at a minimurn, documenting milestones, successes,, problerns, and
contingency actions of the compensation project. 'rhe 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 years.
f. Contingency plan: Identification of potential courses of action, and any corrective measures
to be taken when monitoring, or evaluation indicates protect performance standards are not
being met.
g. Permit conditions: Any compensation project prepared pursuant to this section and approved
by the Director of Community and Economic Development shall become pall of the
application for the permit.
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li. 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 proj -,t,
monitoring program, and any contingency measure shall be posted pursuant to Subsection
1514.070.1-1. in the amount of 120 percent ofthe expected cost ol"cornpensation.
i. Regulatory authorities are encouraged to consult with and solicit coniments 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.
p. Compensatory mitigation is not required tbr 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 I 5,24,050.B., provided such activities utilize best
management practices to protect the functions and values of regulated wetlands.
L Appeals: Any decision of the Director of ommunity and Economic Development in the
administration of this chapter may be appealed in writing to the City Council within 14 days
of the issuance ol"notice of the decision. The time period for considering the appeal shall not
exceed 90 days.
J. Modification of wetland permits: A wetland permit holder may request and the Director of'
Community and Econornic Development may approve modification of a previously issued
wetland permit.
K. Resubmittal of denied permit applications: A wetland permit application which has been
denied may be modified and resubmitted no earlier than 180 days following action on the
original application.A permit application shall be considered a resubmittal if the site proposed
for development was the subject of a wetland permit application within the previous 180 days.
A new fee will be required for such resubmittal.
15.2 .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,°'8.040. A clearing and
grading permit is required prior to any of the following:
1. Any clearing,filling,excavation,or grading in an environmentally sensitive area,critical area,
or critical area buffer.
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2. Land disturbance of one aer-e 7,000 square feet or more. See the UFban Sep ieeq Standafc
-A
and Guidelines, Seetien 6.02.1 4�rs .1 1—— -He ae+e.
3. Projects that result in 2,000 square feet or more of new plus replaced hard surfaces.
4 .Fill and/or excavation Of 100 Cubic yards or more, even if the excavated material is used as, fill
on the same site. [Quantities of fill and excavation are calculated separately and then added
together to determine the total quantity for the site.]*
*Correction made to conform with Ordinance 3367.
54. Clearing or grading that will likely penetrate the groundwater table, including the cotistrUction
of ponds and reservoirs.
6-4. An excavation which is more than five feet in depth or which creates a cut slope greater than
five feet in depth or which creates a cut slope greater than five feet in height and steeper than
two units horizontal in one unit vertical (2:1).
76. Any re-grading or paving on an area used for stormwater retention or detention or alteration
of an existing drainage course.
8-7. Any proposal to remove a tree or reduce the live crown ofany tree by more than 25'No, in any
rive-year period, that is required to be preserved by City Code, plat condition, or other
requirement.
B. permits are not transferable, unless approved in writing by time City Engineer. 'File transfier
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 below may
not apply in situations where properties include environmentally sensitive areas. An exemption
from a clearing and grading pert-nit does not exempt the person doing the work firorn meeting all
applicable fiederal, state, and local codes, standards, guidelines, regulations, and permit
requirements:
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;
R Land clearing necessitated by order of time City Council related to the abatement of a public
nuisance, where the work is administered by the City;
C. Work pet-formed Under time direction of the City Engineer within a public right-of-way or upon
an easement, for the purpose of installing and maintaining water, stormwater, sanitary sewer,
power, cable, or communication lines;
D. Cemetery graves;
E. Land disturbance that is less than ene aer-e-2,000 square feet, except those sites meeting any
of the conditions listed in 15.28.030 or where an a4jacent area containing disturbed areas
31
i
under the same ownership or chain of ownership has been similarly exempted so that the
c-ombined area is one aefe`? 011 0 square feet or more and final site stabilization is not complete;
{, 1fa building permit is issued, no additional clearing, grading, or tilling permit or associated
fee will be required. However, the standards established in the City's Urban "services
Standards and guidelines manual and by City ordinance shall be applied as as condition of
said building permit;
G. Forest practices regulated under RC1 " 76.09. (Activities involving conversion of"land to uses
other than commercial timber production are subject to clearing and grading regulations.)
K Refuse disposal sites controlled by other regulations.
1. Mining, quarrying, excavation,processing, or stockpiling of rock, sand, gravel, aggregate, or
clay where established and provided by law provided such operations do not affect tile, lateral
support of or increase the stresses in or pressure upon any adjacent or contiguous property.
.l. Agricultural crop management of`existing, and ongoing fanned areas as defined per RCS
4.34.020.
K, Routine landscape maintenance of existing landscaped areas on developed lots.
L. Routine drainage maintenance of existing, constructed stormwater drainage facilities located
outside of an environmentally sensitive or other protected area, including, but not limited to,
detention/retention ponds, wet ponds, sediment ponds, constructed drainage swales, water
quality treatment facilities, such as filtration systems and regional storm facilities that are
necessary to preserve the water- quality treatment and flow control functions of the facility.
This exemption does not apply to any expansion or modification to existing excavated and
constructed stormwater drainage facilities.
M. Roadway repairs and overlays within a public street right-of-way for the purpose of
maintaining the pavement, curbing,or sidewalk of existing paved roadways,
l 5.28.050 - Permit application.
An application for a clearing and grading permit shall be submitted on a form provided by the City
arid identifying the property and owner. Other information may be required by the City Engineer
to carry out tlae provisions of this chapter.
15.28.060 Plans and specifications..
Each application shall be accompanied by three sets of playas and specifications, including
calculations. The City Engineer may require that tlae playas 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 shall include the appropriate iinfiarmation as follows:
A. Ama accurate plan of the entire site as it exists at the time of the application, which includes:
1. All property lines;
32
2. Contours over the entire site(rive-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 ofany areas which impound surface water;
7. The location and estimated discharge of all visible springs;
8. Tile 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;
M Identification ofand 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 Nvork schedule, which details the following:
I. Sequence for clearing, grading, filling, drainage alteration, arid other land-disturbing
activities;
2. On-site soil or earth material storage locations and source of import 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 fbr 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 pert-nit, showing the following:
I. 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 runoffwill be retained, detained, or infiltrated;
5. The method for discharging surface water off-site, including the provisions required to control
the velocity and direction ofdischarge to protect downstream properties;
6. 'file location of building setback lines, and approximate limits Of Cuts and fills, including but
not limited to foundations, retaining walls, and driveways;
33
7. Location and dimensions of environmentally sensitive areas arid buffer zones arid other areas
to be maintained or established;
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.
-D. Construction Stormwater Pollution Prevention Plan (SWPPP)
15. 8.070 -,Additional application information.
The City Engineer may require the applicant to submit additional information when 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. StorniNvater site vlans, includin
all technical information and analysis such as h14,
. ydrologic
and hydraulic computations ofexpeeted stormwater runoff e....,,, ing alld leas4ig4lie-4tt—for
pre-developgdmetvt and developed 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 temporary drainage facilities and final erosion and sediment
control when Such information is necessary for bonding purposes;
L 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 Prceject Approval JI)issued by the Washington State Department
of Fish and Wildlife, if an HP A is required.
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. Vegetation protection: Vegetation that is to be retained shall be delineated on the site plan,
C. Wetland buffers:No land-disturbing activity shall be permitted in an approved wetland buffer,
except as otherwise allowed by applicable laws and permits.
34
D. 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.
E. 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 has been completed. Plantings or a permanent
ground cover shall be provided immediately after completion of grading to sufficiently
restrain erosion.
F. Use of vegetative measures: Native plants shall be used for erosion and sediment control
wherever feasible, rather than structural measures such as pipes, structures, or other devices.
G. Critical areas: Construction within critical areas and critical area buffers shall be in
compliance with Chapter 15.20 PANIC Environmentally Sensitive Areas Protection
Ordinance and shall be subject to the review of the Director of Community and Economic
Development.
H. Removal of dead or diseased trees from environmentally sensitive areas or buffers is allowed
provided that:
I. 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 of 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 cut vegetation (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 vegetation,or if 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 oftwo
replacement trees for each tree f'elled or topped. (2:1)within one (1) year in accordance with
an approved restoration plan, free species that are native and indigenous to the site with a
minimum caliper of two inches shall be used for replacement.--, When street tree(s) are
removed, reylacement trees or a fee-in-lieu shall be required in accordance with PANIC
11.13,050.
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 sat'ety, 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 following such action, the landowner shall submit a clearing and grading permit
application accompanied by a restoration plan that demonstrates compliance with the
provisions ofthis title.
35
2 Conditions.
l 5.�..1I.l acs -
Condrtns.o
In granting any clearing and grading permit, the City Engineer may attach 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 Cather required
plans. In addition the following shall be conditions of all permits:
A. A construction Ston-nwater pollution prevention plan (SWPPP)is required in conjunction with
a clearing and grading permit for sites that result in 2.000 s uare feet or more off ne�
replaced hard surface area or which disturb 7,,000 square feet or more ofland dise
of land or more. A temper-ar-y er sion and Sediment
is FeqUiFed if!
The SWPPP of TESCP shall meet all req uirernetits as set forth in Chapter h of the current
edition of the City of Port Angeles' Urban Services Standards and Guidelines and the
lie artment of Ecology's S /MMWW 2014 , including any amendments or revisions
thereto. A srrrall proiect SWPPP is re aired for sites that result in 2.000 scivare feet or more
but less than 5,000 square feet of new plus replaced hard surface area and less than l acre of`
land disturbance. A large proiect. SWPPP is required for sites that result in 5,000 sc uare feet
or more of new plus replaced hard surface area or one acre of greater of land disturbance.
13. Notify the City at least 48 hours before commencing any land-disturbing activity.
C. Notify the City ofcompletion of any control measures within 48 hours after their completion.
D. Obtain written permission from the City Engineer prior to modification of any approved plans.
E. Install all control measures as identified in the approved plans.
F. Maintain all road drainage systems,stormwater drainage systems, LID MMPs erosion control
measures, and other facilities identified in the plans.
G. Repair siltation or erosion damage to tadjr:rining surfaces and drainage ways resulting from
land disturbing activities.
1-I. Inspect., maintain instal L modify, and/or repair the erosion eefis t,4�wcontrol fneas_.-, rat
w--, ---e eaeli week duritie sofistfuetiefi afid after-ea-eh r.-H.-off pfli�odueiiig fain evew (avet--ff
24 hetir- �' B Ps as needed to assure the
continued performance of their intended function. Inspections on. roiects that disturb one or
more acres shall be conducted by a Certified Erosion and Sediment Control Lead CESCLd
and a written record of said inspections shall be kept on site at all times. Proiect site
disturbing less than one nacre rnav have a Cw ESCL,or a .erson without CESCL, certification
conduct ins getions. The CESCL or inspector shall be identified in writing to the City and
shall be oresent on-site or on-call at all times.
36
1. 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.
1 Keep an up-to-date, approved copy of the plans on the site.
K. Ensure that all workmanship and materials are in accordance with City standards and the most
recent edition of the Washington State Department of Transportation SDOT) Standard
Specifications for Road, Bridge, and Municipal Construction.
15.2 .1.60 - Inspections.
AAll pro�jects which include clearing, grading, filling, or temporary drainage facilities 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 tile 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 Wildlitle.
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:
I. Prior to any clearing, grading, filling, drainage installations or construction if the permitted
development site has a hillnotential for sedinictit transport as determined thro an
rev i ew),
24% Following the installation of sediment control measures or practices and prior to any other
land-disturbing activity;
32. Following the establishment of any tree protection zone(s) and prior to any other land
disturbing,activity;
43, During the construction of sedimeHt basins ei storrnwater management structures and
Nrmanent stormwater facilities;
5. During construction to verify proper installation and maintenance of required erosion and
sediment controls.
64. During rough grading, including hauling of imported or wasted materials;
75. Prior to the removal or modil ication of any sediment control measure or facility; and
�6. Upon completion of final grading„ including establishment of ground covers and planting,
installation of all vegetative measures, and all other work in accordance with the approved
plan or permit-.1 and 12rior to final, approval or occupancy to ensure roper installation of'
permanent stormwater facilities. A maintenance plan for the permanent stormwater facility
must be
37
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 the
approved plan, applicable rules, regulations, pen-nit conditions, and specifications. It'
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. Temporary BN4Ps shall be removed
followine, site stabilization.
Section 2- Corrections. The City Clerk and the codifiers of this ordinance are
authorized to snake necessary corrections to this ordinance including, but not
limited to, the cot-i-ectionofdiescriveticr's/cl(-iicaletioi ,references,ot-diiiaticetiumbering,
section�subsection nLlmtvrs and any references thereto.
Section 3-Severability. Ifany,provisions of this Ordinance,or its application to any
person or circurnstances,are held invalid,the remainder ofthe OMinance,or application of
the provisions of the()rdinance to other persons or circumstances, is not affected.
Section 4 - Effective Date, 'Ibis Ordinatice, being an exercise, of a power specifically
delegated to the City legislative body,is not subject to rcferendurn.This ordinance shall
take effect five (5) days after passage and publication of an approved summary
thereof consisting of the title.
PASSED by the City Council ofthe City of Port,Angeles at ayegular me ting ofsaid
Council field on th(.-Z day of Decernber,2016.
V/
APP /V ED AS "ro Po Patrick f)ownie, Mayor
William*-�'Bloor, City ttorney
TES
'S
.1 nnif*eVeneklasen, City Clerk
2016
PUBLISFIED:D -WLtCZ-1
By Summary
38
Summary of Ordinances adopted by the Port Angeles City Council on December 20, 2016
Ordinance No. 3567
An ORDINANCE of the City of Port Angeles, Washington, makes changes to Streets and
Sidewalks by amending Chapters 11.08, 11.12, 11.13 and 11.14 of the Port Angeles Municipal
Code.
Ordinance No. 3568
An ORDINANCE of the City of Port Angeles, Washington, amends Chapters 13.63 and 17.94
relating to stormwater-utility regulations of the Port Angeles Municipal Code.
Ordinance No. 3569
An ORDINANCE of the City of Port Angeles, Washington, amends street standards and off
street parking by making changes to Chapter 14.01 and 14.40 of the Port Angeles Municipal
Code.
Ordinance No. 3570
An ORDINANCE of the City of Port Angeles, Washington, amends development standards by
making changes to Chapter 15.20, 15.24, and 15.28 Port Angeles Municipal Code relating to
environment.
Ordinance No. 3571
An ORDINANCE of the City of Port Angeles, Washington, amends short plat subdivision
regulations by making changes to Title 16, Chapters 16.04 and 16.08 of the Port Angeles
Municipal Code.
Ordinance No. 3572
An ORDINANCE of the City of Port Angeles, Washington, amends and updates zoning
regulations by making changes to Title 17 of the Port Angeles Municipal Code.
Ordinance No. 3573
An ORDINANCE of the City of Port Angeles, Washington, amends the 2016 budget and funds.
These ordinances are not subject to referendum and shall be in force and take effect 5 days after
publication according to law. The full texts of the Ordinances are available at City Hall in the
City Clerk's office, on the City's website at www.cityofpa.us, or will be mailed upon request.
Office hours are Monday through Friday 8:00 a.m. to 5:00 p.m.
Jennifer Veneklasen
City Clerk
Published by summary: December 28, 2016