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SUBTITLE VIII

CHAPTER 20.160

STATE ENVIRONMENTAL POLICY ACT (SEPA)

Sections: 20.160.010 Authority. 20.160.020 Definitions adopted by reference. 20.160.030 Additional definitions. 20.160.040 Process. 20.160.050 Designation of responsible official. 20.160.060 Lead agency determination and responsibilities. 20.160.070 Transfer of lead agency status to a state agency. 20.160.080 Categorical exemptions – Adoption by reference. 20.160.090 Categorical exemptions – Determination. 20.160.100 Integration of SEPA with project permits and land use decisions. 20.160.110 Threshold determinations. 20.160.120 Environmental checklist. 20.160.130 Timing. 20.160.144 Mitigated DNS. 20.160.150 Environmental impact statement. 20.160.160 Preparation of EIS – Additional considerations. 20.160.170 Additional elements to be covered by EIS. 20.160.180 Adoption by reference. 20.160.190 Public notice. 20.160.200 Designation of official to perform consulted agency responsibilities for the City. 20.160.210 Using existing environmental documents. 20.160.220 SEPA and agency decisions. 20.160.230 Substantive authority. 20.160.240 Appeals. 20.160.250 Notice. 20.160.260 Agency compliance. 20.160.270 Fees. 20.160.280 Adoption of forms by reference.

20.160.010 Authority. The City adopts this chapter under the State Environmental Policy Act (SEPA),

RCW 43.21C.120 and the SEPA Rules, chapter 197-11 WAC. This ordinance contains the City’s SEPA

procedures and policies. The SEPA Rules, chapter 197-11 WAC must be used in conjunction with this

chapter.

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20.160.020 Definitions adopted by reference. This part contains the basic requirements that apply to

the SEPA process. The City adopts the following sections of chapter 197-11 of the Washington

Administrative Code by reference:

WAC

197-11-040 Definitions.

197-11-220 SEPA/GMA definitions.

197-11-700 Definitions.

197-11-702 Act.

197-11-704 Action.

197-11-706 Addendum.

197-11-708 Adoption.

197-11-710 Affected Tribe.

197-11-712 Affecting.

197-11-714 Agency.

197-11-716 Applicant.

197-11-718 Built Environment.

197-11-720 Categorical exemption.

197-11-721 Consolidated appeal.

197-11-724 Consulted agency.

197-11-726 Cost-benefit analysis.

197-11-728 County/city.

197-11-730 Decision-maker.

197-11-732 Department.

197-11-734 Determination of nonsignificance (DNS).

197-11-736 Determination of significance (DS).

197-11-738 EIS.

197-11-740 Environment.

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197-11-742 Environmental checklist.

197-11-744 Environmental document.

197-11-746 Environmental review.

197-11-750 Expanded scoping.

197-11-752 Impacts.

197-11-754 Incorporation by reference.

197-11-756 Lands covered by water.

197-11-758 Lead agency.

197-11-760 License.

197-11-762 Local agency.

197-11-764 Major action.

197-11-766 Mitigated DNS.

197-11-768 Mitigation.

197-11-770 Natural environment.

197-11-772 NEPA.

197-11-774 Nonproject.

197-11-775 Open record hearing.

197-11-776 Phased review.

197-11-778 Preparation.

197-11-780 Private project.

197-11-782 Probable.

197-11-784 Proposal.

197-11-786 Reasonable alternative.

197-11-788 Responsible official.

197-11-790 SEPA.

197-11-792 Scope.

197-11-793 Scoping.

197-11-794 Significant.

197-11-796 State agency.

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197-11-797 Threshold determination.

197-11-799 Underlying government action.

20.160.030 Additional definitions. In addition to those definitions contained with WAC 197-11-700

through 197-11-799 and 197-11-220, when used in this chapter, the following terms shall have the

following meanings, unless the context indicates otherwise:

A. “Department” means any division, unit or department of the City.

B. “Ordinance” or “chapter” means the ordinance, resolution or other procedure used by

the City to adopt regulatory requirements.

C. “Early notice” means the City’s response to an applicant stating whether it considers

issuance of a determination of significance likely for the applicant’s proposal (mitigated determination

of nonsignificance (MDNS) procedures).

D. “Director” means the Community Development Director or Designee.

E. “Site-specific proposal” means a proposal meeting the criteria of WAC 197-11-704(2)(a)

for an action involving a decision on a specific project, such as a construction or management activity

located in a defined geographic area.

20.160.040 Process. The City adopts the following sections of Chapter 197-11 WAC by reference:

WAC

197-11-050 Lead Agency.

197-11-055 Timing of the SEPA Process.

197-11-060 Content of Environmental Review.

197-11-070 Limitations on actions during SEPA Process.

197-11-080 Incomplete or unavailable information.

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197-11-090 Supporting documents.

197-11-100 Information required of applicants

197-11-158 GMA project review – reliance on existing plans, laws and

regulations.

197-11-164 Planned actions – definitions and criteria.

197-11-168 Ordinances or resolutions designating planned actions.

197-11-172 Planned actions – project review.

197-11-210 SEPA/GMA integration.

197-11-228 Overall SEPA/GMA integration procedures.

197-11-230 Timing of an integrated GMA/SEPA process.

197-11-232 SEPA/GMA integration procedures for preliminary planning,

environmental analysis, and expanded scoping.

197-11-235 Documents.

197-11-238 Monitoring.

197-11-250 SEPA/Model Toxics Control Act Integration.

197-11-253 SEPA Lead Agency for MTCA actions.

197-11-256 Preliminary evaluation.

197-11-259 Determination of nonsignificance and EIS for MTCA

remedial actions.

197-11-265 Early scoping for MTCA remedial actions.

197-11-268 MTCA interim actions.

20.160.050 Designation of responsible official.

A. For those proposals for which the City is the lead agency, the responsible official shall be

the Director.

B. For all proposals for which the City is the lead agency, the responsible official shall make

the threshold determination, supervise scoping and preparation of any required environmental impact

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statement (EIS) and perform any other functions assigned to the “lead agency” or responsible official”

by those sections of the SEPA rules that were adopted by reference in this chapter.

20.160.060 Lead agency determination and responsibilities.

A. The SEPA Responsible Official shall determine the lead agency for any application for or

initiation of a proposal that involves a nonexempt action, as provided in WAC 197-11-050, unless the

lead agency has been previously determined or if another agency is in the process of determining the

lead agency.

B. When the City is the lead agency for a proposal, the SEPA Responsible Official shall

supervise compliance with the necessary threshold determination requirements, and if an EIS is

necessary, shall supervise preparation of the EIS.

C. When the City is not the lead agency for a proposal, all departments of the City shall use

and consider, as appropriate, either the DNS or the final DIS of the lead agency in making decisions on

the proposal. No City department shall prepare or require preparation of a DNS or EIS in addition to

that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the City may

conduct supplemental environmental review under WAC 197-11-600.

D. If the City or any of its departments receives a lead agency determination made by any

other agency that appears inconsistent with the criteria of WAC 197-11-253 or 197-11-922 through 197-

11-940, it may object to the determination. Any objection must be made to the agency originally

making the determination and resolved within fifteen days of receipt of the determination, or the City

must petition the department of ecology for lead agency determination under WAC 197-11-946 within

the fifteen day time period. Any such petition on behalf of the City may be initiated by the Director.

E. Departments of the City are authorized to make agreements as to lead agency status or

shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; PROVIDED, that the

responsible official and any department that will incur responsibilities as the result of such agreement

approve the agreement.

F. Any department making a lead agency determination for a private project shall require

sufficient information from the applicant to identify which other agencies have jurisdiction over the

proposal.

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20.160.070 Transfer of lead agency status to a state agency. For any proposal for a private project

where the City would be the lead agency and for which one or more state agencies have jurisdiction, the

City’s responsible official may elect to transfer the lead agency duties to a state agency. The state

agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency

and the City shall be an agency with jurisdiction. To transfer lead agency duties, the City’s responsible

official must transmit a notice of the transfer together with any relevant information available on the

proposal to the appropriate state agency with jurisdiction. The responsible official of the City shall also

give notice of the transfer to the private applicant and any other agencies with jurisdiction over the

proposal.

20.160.080 Categorical exemptions – Adoption by reference. The City adopts the following rules for

categorical exemptions from chapter 197-11 WAC:

WAC

197-11-300 Purpose of this part.

197-11-305 Categorical exemptions.

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

20.160.090 Categorical exemptions – Determination.

A. Each department within the City that receives an application for a license or, in the case of

governmental proposals, the department initiating the proposal, shall determine whether the license,

permit and/or proposal is exempt. The department’s determination that a proposal is exempt shall be

final and is not subject to administrative review. If a proposal is exempt, none of the procedural

requirements of this chapter apply to the proposal. The City shall not require completion of an

environmental checklist for an exempt proposal.

B. In determining whether or not a proposal is exempt, the Department shall make certain that

the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-

070). If a proposal includes exempt and non-exempt actions, the Department shall determine the lead

agency, even if the license application that triggers the Department’s consideration is exempt.

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C. If a proposal includes both exempt and nonexempt actions, the City may authorize exempt

actions prior to compliance with the procedural requirements of this chapter, except that:

1. The City shall not give authorization for:

a. any nonexempt action;

b. any action that would have an adverse environmental impact; or

c. any action that would limit the choice of alternatives.

2. The Department may withhold approval of an exempt action that would lead to

modification of the physical environment, when such modification would serve no purpose if the

nonexempt action(s) were not approved; and

3. A department may withhold approval of exempt actions that would lead to

substantial financial expenditures by a private applicant when the expenditures would serve no purpose

if the nonexempt actions were not approved.

The City will normally identify whether an action is categorically exempt within 30 days of

receiving a completed application. The Director shall certify when an application is complete based

upon review of the environmental checklist, or for project permit applications, based on the

requirements for a complete application set forth in the City’s code for each permit type. If additional

information is required to supplement the checklist, the application shall not be certified complete until

the required information is received by the Director.

20.160.100 Integration of SEPA with project permits and land use decisions. Under chapter 36.70B

RCW, the procedure for review and processing of project permit applications shall be combined with the

environmental review process, both procedural and substantive. The process under the State

Environmental Policy Act (SEPA) and this chapter shall integrate the following procedures, insofar as

possible, with any applicable process for decision-making on permit and land use applications:

A. Staff review of the application under City codes and regulations and the environmental

review and determination thereon;

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B. The staff report on the application, and the report or documentation concerning

environmental review;

C. Hearings and other public processes, including required public notices, required by City

code or regulation, and hearings and other public processes, including public notices and appeals,

required or conducted under SEPA.

D. Such other review processes as determined by the Director.

20.160.110 Threshold determinations. This part contains the rules for deciding whether a proposal

has a “probable, significant, adverse environmental impact” requiring an environmental impact

statement to be prepared. This part also contains rules for evaluating the impacts of proposals not

requiring an EIS. The City adopts the following sections by reference, as supplemented in this part:

WAC

197-11-310 Threshold determination required.

197-11-315 Environmental Checklist.

197-11-330 Threshold Determination Process.

197-11-335 Additional Information.

197-11-340 Determination of Significance (DS)

197-11-350 Mitigated DNS.

197-11-355 Optional DNS process.

197-11-360 Determination of significance (DS)(initiation of scoping)

197-11-390 Effect of threshold determination

20.160.120 Environmental checklist.

A. Except as provided in subsection (4) of this section, a completed environmental checklist (or

a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a

permit, license, certificate or other approval not specifically exempted in this chapter, except that a

checklist is not needed if the City and applicant agree that an EIS is required, SEPA compliance has been

completed, or SEPA compliance has been initiated by another agency. The City shall use the

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environmental checklist to determine the lead agency, and if the City is the lead agency, for determining

the responsible official and for making the threshold determinations.

B. For private proposals, the City will require the applicant to complete the environmental

checklist, providing assistance as necessary. For City proposals, the Department initiating the proposal

shall complete the environmental checklist for that proposal.

C. The City may require that it, and not the private applicant, will complete all or part of the

environmental checklist for a private proposal, if either of the following occurs:

1. The City has technical information on a question or questions that are unavailable to

the private applicant; or

2. The applicant has provided inaccurate information on previous proposals or on

proposals currently under consideration.

D. For projects submitted as planned actions under WAC 197-11-164, the City shall use its

existing environmental checklist form or may modify the environmental checklist form as provided in

WAC 197-11-315. The modified environmental checklist form may be prepared and adopted along with

or as part of a planned action ordinance; or developed after the ordinance is adopted. In either case, a

proposed modified environmental checklist form must be sent to the Department of Ecology to allow at

least a thirty-day review prior to use.

20.160.130 Timing. For those project permit applications that are not subject to chapter 36.70B RCW,

the following will apply:

A. The City will attempt to issue a threshold determination on a completed application

within ninety (90) days after the application and supporting documentation are complete.

B. A complete application for a threshold determination consists of the following

information:

1. A description of the proposed action;

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2. Site information, including site plans, vicinity maps and other information

required for a land use certification or other application;

3. The environmental checklist;

4. Additional information/environmental checklist (WAC 197-11-335). The

environmental checklist covers sixteen (16) subjects. If, after review of the environmental checklist, it is

determined that there is insufficient information to make a threshold determination, additional

information will be required using any one or more of the following:

a. The applicant will provide more information on subjects in the checklist;

b. The City makes its own further study;

c. The City will consult with other agencies, requesting information on the

proposal’s probable or potential impacts which lie within the other agency’s jurisdiction or expertise.

C. It is the policy of the City that adequate information must be provided before a

threshold decision can be made. The City will not commence processing environmental checklists which

are not complete.

20.160.140 Mitigated DNS.

A. As provided in this section and in WAC 197-11-350, the responsible official may issue a

DNS based on conditions attached to the proposal by the responsible official or on changes to, or

clarifications of, the proposal made by the applicant.

B. An applicant may request in writing early notice of whether a DS is likely under WAC

197-11-350. The request must:

1. Follow submission of a permit application and environmental checklist for a

nonexempt proposal for which the department is lead agency; and

2. Precede the City’s actual threshold determination for the proposal.

C. The responsible official should respond to the request for early notice within 30 working

days. The response shall:

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1. Be written;

2. State whether the City currently considers issuance of a DS likely and if so,

indicate the general or specific area(s) of concern that is/are leading the City to consider a DS; and

3. State that the applicant may change or clarify the proposal to mitigate the

indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect

the changes or clarifications.

D. As much as possible, the City should assist the applicant with identification of impacts to

the extent necessary to formulate mitigation measures.

E. When an applicant submits a changed or clarified proposal, along with a revised or

amended environmental checklist, the City shall base its threshold determination on the changed or

clarified proposal and should make the determination within fifteen days of receiving the changed or

clarified proposal;

1. If the City indicated specific mitigation measures in its response to the request

for early notice, and the applicant changed or clarified the proposal to include those specific mitigation

measures, the City shall issue and circulate a DNS under WAC 197-11-340(2).

2. If the City indicated areas of concern, but did not indicate specific mitigation

measures that would allow it to issue a DNS, the City shall make the threshold determination, issuing a

DNS or DS as appropriate.

3. The applicant’s proposed mitigation measures (clarifications, changes or

conditions) must be in writing and must be specific. For example, proposals to “control noise” or

“prevent storm water runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or

“construct 200-foot storm water retention pond at Y location” are adequate.

4. Mitigation measures which justify issuance of a mitigated DNS may be

incorporated in the DNS by reference to agency staff reports, studies or other documents.

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F. A mitigated DNS is issued under WAC 197-11-340(2), requiring a fourteen-day comment

period and public notice.

G. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of

approval of the permit decision and may be enforced in the same manner as any term or condition of

the permit, or enforced in any manner specifically prescribed by the City.

H. If the City’s tentative decision on a permit or approval does not include mitigation

measures that were incorporated in a mitigated DNS for the proposal, the City should evaluate the

threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).

I. The City’s written response under subsection (B) of this section shall not be construed as

a determination of significance. In addition, preliminary discussion of clarifications or changes to a

proposal, as opposed to a written request for early notice, shall not bind the City to consider the

clarifications or changes in its threshold determination.

18.40.150 Environmental impact statement. This part contains the rules for preparing environmental

impact statements. The City adopts the following sections by reference, as supplemented by this part:

WAC

197-11-400 Purpose of EIS

197-11-402 General Requirements

197-11-405 EIS types

197-11-406 EIS timing

197-11-408 Scoping

197-11-410 Expanded Scoping (Optional)

197-11-420 EIS preparation

197-11-425 Style and Size

197-11-430 Format

197-11-435 Cover letter or memo

197-11-440 EIS contents

197-11-442 Contents of EIS on nonproject proposals

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197-11-443 EIS contents when prior nonproject EIS

197-11-444 Relationship of EIS to other considerations

197-11-450 Cost-benefit analysis

197-11-455 Issuance of DEIS

197-11-460 Issuance of FEIS

20.160.160 Preparation of EIS – Additional considerations.

A. Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS)

is the responsibility of the Director and/or the responsible official. Before the City issues an EIS, the

responsible official shall be satisfied that it complies with this ordinance and chapter 197-11 WAC.

Draft, Final, and Supplemental EIS costs shall be allocated as set forth in 20.160.290.

B. The DEIS and FEIS or draft and final SEIS shall be prepared by the City staff, the applicant, or

by a consultant selected by the City. If the responsible official requires an EIS for a proposal and

determines that someone other than the City will prepare the EIS, the responsible official shall notify the

applicant immediately after completion of the threshold determination. The responsible official shall

also notify the applicant of the City’s procedure for EIS preparation, including approval of the DEIS and

FEIS prior to distribution.

C. The City may require an applicant to provide information the City does not possess,

including specific investigations. However, the applicant is not required to supply information that is not

required under this chapter or that is being requested from another agency. However, this does not

apply to information the City may request under another ordinance or statute.

D. Subject to delays caused by the applicant’s failure to provide information requested by

the City and other delays beyond the City’s control, an EIS will be completed within one (1) year of the

date of the declaration of significance, unless an appeal is files or the City and applicant agree in writing

to a different estimated time period for completion of the EIS.

20.160.170 Additional elements to be covered by EIS. The following additional elements are part of

the environment for the purpose of EIS content, but do not add to the criteria for threshold

determinations or perform any other function or purpose under this chapter: economy; social policy

analysis and cost-benefit analysis.

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20.160.180 Adoption by reference. This part contains rules for consulting, commenting and responding

on all environmental documents under SEPA, including rules for public notice and hearings. The City

adopts the following sections by reference, as supplemented by this part:

WAC

197-11-500 Purpose of this part

197-11-502 Inviting comment

197-11-504 Availability and cost of environmental documents

197-11-508 SEPA register

197-11-510 Public notice

197-11-535 Public hearings and meetings

197-11-545 Effect of no comment

197-11-550 Specificity of comments

197-11-560 FEIS response to comments

197-11-570 Consulted agency costs to assist lead agency

20.160.190 Public notice.

A. Whenever the City issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-

360(3), the City shall give public notice as follows:

1. If public notice is required for a nonexempt license, the notice shall state

whether a DS or DNS has been issued and when comments are due;

2. If no public notice is required for the permit or approval, the City shall give

notice of the DNS or DS by:

a. Posting the property, for a site-specific proposal;

b. Publishing notice in a newspaper of general circulation in the county,

city or general area where the proposal is located;

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c. Mailing notice to all property owners in the vicinity whose property is

within 300 feet of the property containing a site specific proposal.

B. When the City issues a DS under WAC 197-11-360(3), the City shall state the scoping

procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.

C. Whenever the City issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-

620, notice of the availability of those documents shall be given by:

1. Indicating the availability of the DEIS in any public notice required for a

nonexempt license; and

a. Posting the property, for site-specific proposals;

b. Publishing notice in a newspaper of general circulation in the County, City or

general area where the proposal is located;

c. Mailing notice to all property owners in the vicinity whose property is

within 300 feet of the property containing a site specific proposal.

D. Whenever possible, the City shall integrate the public notice required under this Section with

existing notice procedures for the City’s nonexempt permit(s) or approval(s) required for the proposal.

E. The City may require an applicant to complete the public notice requirements for the applicant’s

proposal at his/her expense.

20.160.200 Designation of official to perform consulted agency responsibilities for the City.

A. The responsible official shall be responsible for preparation of written comments for the City in

response to a consultation requires prior to a threshold determination, participation in scoping, and

reviewing a DEIS.

B. The responsible official shall be responsible for the City’s compliance with WAC 197-11-440

whenever the City is a consulted agency and is authorized to develop operating procedures that will

ensure that responses to consultation requests are prepared in a timely fashion and include data from

all appropriate departments of the City.

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20.160.210 Using existing environmental documents. This part contains rules for using and

supplementing existing environmental documents prepared under SEPA or National Environmental

Policy Act (NEPA) for the City’s own environmental compliance. The City adopts the following sections

by reference:

WAC

197-11-600 When to use existing environmental documents

197-11-610 Use of NEPA documents

197-11-620 Supplemental environmental impact statement –

procedures

197-11-625 Addenda – procedures

197-11-630 Adoption – procedures

197-11-635 Incorporation by reference – procedures

197-11-640 Combining documents

20.160.220 SEPA and agency decisions. This part contains rules (and policies) for SEPA’s substantive

authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains

procedures for appealing SEPA determinations to agencies or the courts. The City adopts the following

sections by reference:

WAC

197-11-650 Purpose of this part

197-11-655 Implementation

197-11-660 Substantive authority and mitigation

197-11-680 Appeals

20.160.230 Substantive authority.

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A. The policies and goals set forth in this ordinance are supplementary to those in the

existing authorization of the City.

B. The City may attach conditions to a permit or approval for a proposal, so long as:

1. Such conditions are necessary to mitigate specific probable adverse

environmental impacts identified in environmental documents prepared pursuant to this chapter; and

2. Such conditions are in writing; and

3. The mitigation measures included in such conditions are reasonable and capable

of being accomplished; and

4. The City has considered whether other local, state, or federal mitigation

measures applied to the proposal are sufficient to mitigate the identified impacts; and

5. Such conditions are based on one or more policies in subsection (D) of this

section and cited in the license or other decision document.

C. The City may deny a permit or approval for a proposal on the basis of SEPA so long as:

1. A finding is made that approving the proposal would result in probable

significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to

this chapter; and

2. A finding is made that there are no reasonable mitigation measures capable of

being accomplished that are sufficient to mitigate the identified impact; and

3. The denial is based on one or more policies identified in writing the decision

document.

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D. The City designates and adopts by reference the following policies as the basis for the

City’s exercise of authority pursuant to this section:

1. The City shall use all practicable means, consistent with other essential

considerations of state policy, to improve and coordinate plans, functions, programs, and resources to

the end that the state and its citizens may:

a) fulfill the responsibilities of each generation as trustee of the

environment for succeeding generations;

b) assure for all people of Washington safe, healthful, productive and

aesthetically and culturally pleasing surroundings;

c) attain the widest range of beneficial uses of the environment without

degradation, risk to health or safety, or other undesirable and unintended consequences;

d) preserve important historic, cultural and natural aspects of our national

heritage;

e) maintain, wherever possible, an environment which supports diversity

and variety of individual choice;

f) achieve a balance between population and resource use which will

permit high standards of living and a wide sharing of life’s amenities; and

g) enhance the quality of renewable resources and approach the

maximum attainable recycling of depletable resources;

2. The City recognizes that each person has a fundamental and inalienable right to

a healthful environment and that each person has a responsibility to contribute to the preservation and

enhancement of the environment.

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3. The City adopts by reference the policies in the following City codes, ordinances,

resolutions and plans, as they now exist or may hereafter be amended, as a possible basis for the

exercise of substantive SEPA authority in the conditioning or denying of proposals:

a. Chapter 43.21C RCW – State Environmental Policy Act.

b. Chapter 5.12 of the POMC Business Licenses and Regulations.

c. Title 6 of the POMC – Health and Sanitation

d. Title 7 of the POMC – Animals.

e. Title 9 of the POMC – Public Peace, Morals, and Safety.

f. Title 10 of the POMC -- Vehicles and Traffic.

g. Title 12 of the POMC -- Streets and Sidewalks.

h. Chapter 13.04 of the POMC -- Water and Sewers.

i. Title 15 of the POMC – Buildings and Structures.

j. Subtitle V of Title 20 of the POMC – Division of Land.

k. Subtitle III of Title 20 of the POMC – Zoning Regulations.

l. Subtitle II of the Title 20 of the POMC – Permitting and Development Approval Procedures.

l. The City of Port Orchard Comprehensive Plan.

m. The City of Port Orchard Shoreline Master Program.

n. The City’s Six Year Road Program.

o. The City’s Comprehensive Water Plan.

p. The City’s Comprehensive Sewer Plan.

q. The City’s Comprehensive Stormwater Plan.

r. Chapter 20.162 of the POMC – Critical Areas Regulations.

s. City’s Public Works Standards.

t. City’s Storm Water Management Ordinance.

u. The City’s Comprehensive Parks Plan.

4. The City establishes the following additional policies:

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A. Schools. In order to ensure that adequate school facilities are available to

serve new growth and development, as well as to ensure that such new

growth and development provides mitigation for direct impacts on school

facilities identified by the school district as a consequence of proposed

development, the City may impose school mitigation fees, all as provided in

RCW 82.02.020.

B. Police. In order to ensure that the City’s acceptable level of service for

police response is not diminished as a result of new growth and

development and to ensure that new growth and development provides

mitigation for the direct impacts on the City’s Police Department that are

identified by the City as a consequence of proposed development, the City

may impose Police and Emergency Response mitigation fees, all as provided

in RCW 82.02.020.

C. Other City Services. In order to that the City’s acceptable level of service to

citizens for all other government services and utilities is not diminished as a

result of new growth and development, the City may impose mitigation

fees, all as provided in RCW 82.02.020 for parks and general governmental

buildings.

20.160.240 Appeals.

The City establishes the following administrative appeal procedures under RCW 43.21C.075 and

WAC 197-110-680:

A. Appealable Decisions.

1. Only the following decisions may be administratively appealed under this chapter: (a) Final

threshold determination; (2) mitigation or failure to mitigate in the SEPA decision; (3) Final EIS; and (4)

project denials.

2. If the City does not provide for a hearing or appeal on the underlying action/permit, then the SEPA

administrative appeal on the decisions listed in Subsection 20.160.260(A)(1) above shall be the only

hearing and appeal allowed on the underlying action/permit.

B. Notice of Decision.

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1. In the Notice of Decision issued by the City pursuant to POMC 20.24 and for

every decision for which an appeal is available in this Section, the SEPA Responsible Official shall give

official notice of the date and place for commencing an appeal. The notice shall include:

a) Notice that the SEPA issues must be appealed within the time limit set

by statute or ordinance for appealing the underlying governmental action;

b) The time limit for commencing the appeal of the underlying

governmental action and SEPA issues, and the statute or ordinance establishing the time limit;

c) Where the appeal may be filed.

2. Written notice shall be provided to the applicant, all parties to any

administrative appeal and all persons who have requested notice of decisions concerning the project.

Such notice may be appended to the permit, the decision documents, the SEPA compliance documents

or may be printed separately.

C. Timing of Appeal. The appeal shall take place prior to the City’s final decision on a

proposed action. However, the SEPA open record appeal hearing may be consolidated with any other

hearing on the underlying permit or action.

D. Number of Appeals: Only one administrative appeal to the City is allowed of the

decisions listed in Subsection 20.160.240(A) above.

E. Consolidated Appeals. If the underlying action/permit requires a hearing, any SEPA

appeal shall be consolidated with the hearing or appeal of the underlying action/permit into one

simultaneous hearing, with the exception of the following:

1. An appeal of a determination of significance (DS);

2. An appeal of a procedural determination made by the City when the City is a

project proponent, or is funding a project, and chooses to conduct its review under SEPA, including any

appeals of its procedural determinations, prior to submitting an application for a project permit.

Subsequent appeals of substantive determinations by an agency with jurisdiction over the proposed

project shall be allowed under the SEPA appeal procedures of the agency with jurisdiction;

3. An appeal of a procedural determination made by the City on a nonproject action; and

4. An appeal to the City Council under RCW 43.21C.060.

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F. Timing of Appeal.

1. SEPA Decision issues at the same time as underlying action. An appeal of a SEPA decision that

issued at the same time as the decision on a project action shall be filed within fourteen days (14) days

after issuance of a notice of decision under POMC 20.24 (or RCW 36.70B.130), or after notice that a

decision has been made and is appealable.

2. SEPA Decision allows Public Comment. For a DNS or MDNS for which public comment is

required (under this chapter) the appeal period shall be extended for an additional seven days.

3. SEPA Threshold Decision issues prior to decision on underlying action. An appeal of a threshold

decision issued prior to a decision on a project action shall be filed within fourteen (14) days after notice

that the decision has been made and is appealable.

G. Consideration of SEPA Responsible Official’s Decision. Procedural determinations made

by the SEPA Responsible Official shall be entitled to substantial weight by the hearing examiner or city

council in an appeal.

H. Administrative Record. An administrative record of the appeal must be provided, and

the record shall consist of the following:

a. Findings and conclusions;

b. Testimony under oath; and

c. A taped or written transcript. [The City may require that the appellant

provide an electronic transcript.]

I. Exhaustion of Administrative Remedies. The City’s administrative appeal procedure

must be used before anyone may initiate judicial review of any SEPA issue for which the City allows an

appeal in this Section.

J. Content of Appeal. Every appeal must be in writing, and must include the following:

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1. The applicable appeal fee, as established by Resolution of the City Council;

2. Appellant’s name, address and phone number;

3. A statement describing the appellant’s standing, or why the appellant believes

that he or she is aggrieved by the decision appealed from;

4. Identification of the application and decision which is the subject of the appeal;

5. Appellant’s statement of grounds for appeal and the facts upon which the

appeal is based with specific references to the facts in the record;

6. The specific relief sought;

7. A statement that the appellant has read the appeal and believes the content to

be true, followed by the appellant’s signature.

K. Timeliness of Appeals. On receipt of a written notice of appeal, the SEPA Responsible

Official shall forward the appeal to the hearing examiner or city council (whichever is the hearing

officer/body on the appeal), who shall determine whether the appeal is timely prior to the scheduling of

any appeal hearing or consolidated open record hearing on an underlying project permit. A written

decision will issue if the appeal is untimely and the appeal will not proceed.

L. Hearing Examiner Appeals.

1. Jurisdiction. All administrative appeals relating to project permit applications or any type of

quasi-judicial or ministerial development applications that are not appealable to the City Council

(pursuant to 20.24) shall be heard by the Hearing Examiner.

2. Hearing. The Hearing Examiner shall hold an open record public hearing on the appeal, as

provided in chapter 20.24.

3. Date for Issuance of Decision. The hearing examiner shall issue a decision on the appeal within

the time period set forth in 20.24, unless a longer period is agreed to in writing by the applicant and

hearing examiner.

4. Appeals of Hearing Examiner’s Decision. The hearing examiner’s decision on the timeliness of an

appeal within his/her jurisdiction, and any other appeals allowed under this subsection within his/her

jurisdiction shall be the final decision of the City. The hearing examiner’s decision shall state that any

appeal of the final decision shall be filed in Kitsap County Superior Court (pursuant to chapter 36.70C

RCW), or the Shorelines Hearings Board, if applicable.

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M. City Council Appeals.

1. Jurisdiction. The City Council shall hear all administrative appeals relating to legislative actions

and applications. In addition, the City Council shall hear appeals relating to any other applications that

are appealable to the City Council (pursuant to chapter 20.24).

2. Hearing. For all legislative actions and applications, the City Council shall hold an open record

hearing (chapter 20.24). For any SEPA appeals relating to applications for which the City Council has

jurisdiction, the City Council shall hold an open record hearing (chapter 20.24).

3. Record on Appeal. The evidence and testimony received by the Council in a

SEPA appeal shall be presented in an open record hearing.

4. Appeals of City Council’s Decision. The City Council’s decision on the timeliness

of an appeal within its jurisdiction and any other appeals allowed under this subsection within its

jurisdiction shall be the final decision of the City. The City Council’s decision shall state that any appeal

of the final decision may be filed in Kitsap County Superior Court within 21 days (if applicable) or within

60 days to the Growth Management Hearings Board, pursuant to RCW 36.70A.290(2).

N. Judicial Appeals.

1. When SEPA applies to a decision, any judicial appeal of that decision potentially involves both

those issues pertaining to SEPA and those which do not. This Section and RCW 43.21C.075 establish the

time limits for raising SEPA issues, but existing statutes of limitation control the appeal of non-SEPA

issues.

2. Appeals of the City’s final decision shall be filed in superior court (or the Growth Management

Hearings Board), but appellants must follow RCW 43.21C.075(6)(c), which provides that “judicial review

under 43.21C RCW shall without exception be of the governmental action together with its

accompanying environmental determinations,” which contemplates a single lawsuit.

20.160.250 Notice.

The form of the notice shall be substantially in the form provided by WAC 197-11-990. The notice shall

be published by the City Clerk or County Auditor, applicant or proponent, pursuant to RCW 43.21C.080.

20.160.260 Agency compliance. This part contains rules for agency compliance with SEPA, including

rules for charging fees under the SEPA process, designating categorical exemptions that do not apply

within critical areas, listing agencies with environmental expertise, selecting the lead agency and

applying these rules to current agency activities. The City adopts the following sections by reference:

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WAC

197-11-900 Purpose of this part.

197-11-902 Agency SEPA policies.

197-11-916 Application to ongoing actions.

197-11-920 Agencies with environmental expertise.

197-11-922 Lead agency rules.

197-11-924 Determining the lead agency.

197-11-926 Lead agency for governmental proposals.

197-11-928 Lead agency for public and private proposals.

197-11-930 Lead agency for private projects with one agency with

jurisdiction.

197-11-932 Lead agency for private projects requiring licenses from

more than one agency, when one of the agencies is

a county/city.

197-11-934 Lead agency for private projects requiring licenses from

a local agency, not a county/city, and one or more

state agencies.

197-11-936 Lead agency for private projects requiring licenses from

more than one state agency.

197-11-938 Lead agencies for specific proposals.

197-11-940 Transfer of lead agency status to a state agency.

197-11-942 Agreements on lead agency status.

197-11-944 Agreements on division of lead agency duties.

197-11-946 DOE resolution of lead agency disputes.

197-11-948 Assumption of lead agency status.

20.160.270 Fees.

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The City shall require the fees from the applicant for the following activities, in accordance with

the provisions of this chapter:

A. Threshold determination: For every environmental checklist, the City will

review when it is lead agency, and the City shall collect a fee from the proponent of the proposal prior to

undertaking the threshold determination. The time periods provided in this Chapter shall not begin to

run until payment of the fee.

B. Environmental impact statement.

1. When the City is the lead agency for a proposal requiring an EIS and the

responsible official determines that the EIS shall be prepared by employees of the city, the city may

charge and collect a reasonable fee from any applicant to cover the costs incurred by the city in

preparing the EIS. The responsible official shall advise the applicant of the projected costs for the EIS

prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.

2. The responsible official may determine that the city will contract directly

with a consultant for preparation of an EIS or a portion of the EIS, for activities initiated by some person

or entity other than the City and may bill such costs and expenses directly to the applicant. The City may

require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be

selected after input from the applicant, after a call for proposals. The City shall have the final decision

on the selection of the consultant.

3. If a proposal is modified so that an EIS is no longer required, the responsible

official shall refund any fees collected under (a) or (b) of this subsection which remain after incurred

costs are paid.

C. The City may collect a reasonable fee from an applicant to cover the cost of

meeting the public notice requirements of this chapter relating to the applicant’s proposal.

D. The City shall not collect a fee for performing its duties as a consulted agency.

E. The City may charge any person for copies of any document prepared under this

chapter, and for mailing the document, in a manner provided by the City’s resolution on public records

disclosure.

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20.160.280 Adoption of forms by reference. The City adopts the following forms and sections by

reference:

WAC

197-11-960 Environmental checklist

197-11-965 Adoption notice

197-11-970 Determination of nonsignificance (DNS)

197-11-980 Determination of significance and scoping notice (DS)

197-11-985 Notice of assumption of lead agency status

197-11-990 Notice of action

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Chapter 20.162

CRITICAL AREAS REGULATIONS

ARTICLES:

I. General Provisions – Critical Areas II. Definitions III. Wetlands IV. Fish and Wildlife Habitat Conservation Areas V. Geologically Hazardous Areas VI. Frequently Flooded Areas VII. Critical Aquifer Recharge Areas VIII. Special Reports IX. Habitat Management Plan X. Geotechnical Report and Geological Report XI. Hydrogeological Reports XII. Mitigation Requirements XIII. Attachments

ARTICLE I

CRITICAL AREAS

Sections: 20.162.010 Critical Areas—Title. 20.162.012 Critical Areas—Purpose. 20.162.014 Critical Areas—Applicability. 20.162.016 Critical Areas—Relationship to other regulations. 20.162.018 Critical Areas—Inventory provisions. 20.162.020 Critical Areas—Administration—Generally. 20.162.022 Critical Areas—Application requirements—Generally. 20.162.024 Critical Areas—Application requirements—Mitigation sequencing. 20.162.026 Critical Areas—Application requirements—Review criteria. 20.162.028 Critical Areas—Bonds. 20.162.030 Critical Areas—Notice to title. 20.162.032 Critical Areas—Exemptions. 20.162.034 Critical Areas—Exceptions. 20.162.036 Critical Areas—Variances. 20.162.038 Critical Areas—Nonconforming; Existing structures. 20.162.040 Critical Areas—Enforcement; Violation; Penalty. 20.162.042 Critical Areas—Liability.

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20.162.010 Critical Areas—Title. This Chapter 20.162 POMC shall be known and may be cited as the City of Port Orchard’s “critical areas ordinance” or “CAO.”

20.162.012 Critical Areas—Purpose. (1) The purpose of this chapter is to implement the goals, policies, guidelines, and requirements of the city’s comprehensive plan and the Washington State Growth Management Act to protect critical areas, the environment, human life, and property from harm and degradation in accordance with the Growth Management Act through the application of best available science, as determined according to WAC 365-195-900 through 365-195-925 and RCW 36.70A.172, and in consultation with state and federal agencies and other qualified professionals. 20.162.014 Critical Areas—Applicability. (1) Except as provided for otherwise herein, the provisions of this chapter shall apply to all persons and agencies, public or private, engaging in land uses, building, and/or development activity in the City of Port Orchard that requires city approval.

20.162.016 Critical Areas—Relationship to other regulations. (1) Nothing in this chapter in any way limits, or may be construed to limit, the authority of the city under any other applicable law, nor in any way decreases the responsibility of the applicant to comply with all other applicable local, state, and federal laws and regulations.

(2) These critical areas regulations shall apply as an overlay and in addition to land use, development, building, and other regulations adopted by the city.

(3) When any provision of any other chapter of the POMC conflicts with this chapter or when the provisions of this chapter are in conflict, that provision which provides more protection to environmentally critical areas shall apply unless specifically provided otherwise in this chapter or unless such provision conflicts with federal or state laws or regulations.

(4) Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required. The applicant is responsible for complying with these requirements, apart from the regulations established in this chapter.

(5) Where critical areas occur within the City’s shoreline jurisdiction as established by the City’s Shoreline Master Program (Chapter 20.170.164), they are regulated under the regulations and provisions of the Shoreline Master Program.

20.162.018 Critical Areas—Inventory provisions. (1) The approximate location and extent of mapped critical areas within the City are shown on the maps adopted as part of this chapter, and incorporated herein by this reference. These maps shall be used only as a general guide for the assistance of the department and the public; for a specific development or use proposal, the type, extent and boundaries shall be determined in the field by a qualified specialist or staff person according to the requirements of this chapter. In the event of a conflict between a critical area location shown on the City’s maps and that of an on-site determination, the on-site determination shall apply.

(2) Future Inventory Provisions. The City will review map inventory information of all critical areas as it becomes available or on an annual basis. Mapping will include critical areas that are identified through site-specific analysis by local, state and federal agencies, tribal governments, site-specific environmental reports and other sources.

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20.162.020 Critical Areas—Administration—Generally. (1) The Director, or his/her authorized designee, shall administer and interpret the provisions of this chapter, except as otherwise specifically provided. The Director shall determine whether building, development, platting, or alteration of vegetation, trees, or habitat is subject to this chapter. The Director may also consult with other city departments and state and federal agencies as necessary to obtain additional technical and environmental review assistance. The Director is authorized to adopt such administrative rules and regulations as are necessary and appropriate to implement the provisions of this chapter.

(3) This chapter is to be administered with flexibility and attention to site-specific characteristics. It is not the intent of this chapter to make a parcel of property unusable by denying its owner reasonable economic use of the property nor to prevent the provision of public facilities and services necessary to support existing development.

(4) The approvals granted under this chapter shall be valid for the same time period as the underlying permit (e.g., preliminary plat, building permit, etc.). If the underlying permit does not contain a specified expiration date, then approvals granted under this chapter shall be valid for a period of three (3) years from the date of issue, unless a longer or shorter period is specified by the Director.

(5) If an activity is subject to this chapter but is not subject to any established city permit or approval, the proponent shall obtain written authorization from the Director prior to commencement to ensure compliance with the chapter. Such authorization shall be processed as a Type I land-use decision pursuant to Chapter 20.22 POMC.

(6) Nothing in this chapter in any way limits, or may be construed to limit, the authority of the city under any other applicable law, nor in any way decreases the responsibility of the applicant to comply with all other applicable local, state, and federal laws and regulations.

20.162.022 Critical Areas—Application requirements—Generally. (1) Where not otherwise required, all applicants are encouraged to meet with the department prior to submitting an application subject to POMC Title 20. The purpose of this meeting is to discuss the city’s zoning and applicable critical area requirements, to review any conceptual site plans prepared by the applicant and to identify potential impacts and mitigation measures. Such conference shall be for the convenience of the applicant and any recommendations shall not be binding on the applicant or the City.

(2) To expedite the permit review process, the department shall be the lead agency on all work related to critical areas. Development may be prohibited in a proposed development site based on criteria set forth in this chapter; the applicant should first determine whether this is the case before applying for permits from the department.

(3) Application for development proposals, reasonable use exceptions, or variances regulated by this chapter, or for review of special environmental reports, shall be made with the department by the property owner, lessee, contract purchaser, other person entitled to possession of the property, or by an authorized agent.

(4) All site plan applications for development proposals subject to this chapter shall include a site plan drawn to scale identifying locations of critical areas and any associated buffers, location of proposed structures and activities, including clearing and grading and general topographic information as required by the department. If the department determines that additional critical areas are found on the subject property, the applicant shall amend the site plan to identify the location of the critical area.

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(5) A fee in an amount established by the city’s fee schedule shall be paid at the time an application for a permit relating to a critical area or a special report review is filed.

20.162.024 Critical Areas—Application requirements—Mitigation sequencing. (1) Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. When alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated in the following order of preference:

(a) Avoiding the impact altogether by not taking a certain action or parts of an action;

(b) Minimizing impacts by limiting the degree of magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;

(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment to the

conditions existing at the time of the initiation of the project;

(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

(e) Compensating for the impact by replacing, enhancing, or providing substitute resources or

environments; and

(f) Monitoring the impact and the compensation project and taking appropriate corrective measures when necessary.

(2) Mitigation measures may be required to address potential impacts that are identified through the sequencing listed above. Mitigation shall be consistent with the requirements of Article XII of this chapter.

20.162.026 Critical Areas—Application requirements—Review criteria. (1) Applications for any development proposal subject to the critical areas ordinance shall be reviewed by the Director for completeness and consistency or inconsistency with this chapter.

(2) The Director may withhold, condition, or deny land use, building, and/or development permits or activity approvals to ensure that the proposed action is consistent with this chapter. In evaluating a request for a development proposal regulated by this chapter, it shall be the responsibility of the Director to determine the following:

(a) The nature and type of critical area and the adequacy of any special reports required in applicable sections of this chapter;

(b) Whether the development proposal is consistent with this chapter, by granting, denying, or conditioning projects;

(c) Whether proposed alterations to critical areas are appropriate under the standards contained in this chapter, or whether it is necessary for the applicant to seek a variance or other exception; and

(d) If the protection mechanisms and the mitigation and monitoring plans and bonding measures proposed by the applicant are sufficient to protect the public health, safety and welfare consistent

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with the purpose and regulations contained of in this chapter, and if so, condition the permit or approval accordingly.

(3) At every stage of the application process, the burden of demonstrating that any proposed development is consistent with this chapter is upon the applicant.

20.162.028 Critical Areas—Bonds.

(1) All bonds and acceptable securities guaranteeing compliance with this chapter shall be set in the

amount of one hundred fifty (150) percent of the average expected value of the project. The value of

the bond shall be based on the engineer’s estimate of the subject work. If the applicant and Director do

not agree to the engineer’s estimate, then the bond shall be based on the average of three (3) contract

bids that establish all costs of compensation, including costs relative to performance, monitoring,

maintenance, and provision for contingency plans.

(2) Performance Bonds. Except for public agencies, applicants receiving a land use, development, or

building permit or approval subject to the provisions of this chapter are required to post a cash

performance bond or other acceptable security to guarantee compliance with this chapter prior to

beginning any site work. The surety shall guarantee that work and materials used in construction are

free from defects. All bonds shall be approved by the city attorney. The surety or bonds cannot be

terminated or canceled without written approval. The Director shall release the bond after documented

proof that all structures and improvements have been shown to meet the requirements of this chapter

and that a maintenance bond has been posted, if required.

(3) Maintenance Bonds. Except for public agencies, an applicant shall be required to post a cash

maintenance bond or other acceptable security guaranteeing that structures and improvements

required by this chapter will perform satisfactorily for a minimum of three (3) years after they have been

constructed and approved. All bonds shall be on a form approved by the city attorney. Without written

release, the bond cannot be canceled or terminated. The Director shall release the bond after

determination that the performance standards established for measuring the effectiveness and success

of the project have been met.

20.162.030 Critical Areas—Notice to title. The Director shall require an applicant to file a “Critical Area and Buffer Notice to Title” on a form approved by the City with the Kitsap County auditor for all properties included in land use and development proposals subject to the provisions of this chapter and containing critical areas and/or their buffers. Such notice shall be a covenant that runs with the land in perpetuity and include identification of the boundaries of the critical areas and/or their buffers and any permanent conditions imposed by the City. The covenant shall be recorded prior to the issuance of any permit or at the time a short plat or final plat is recorded. This notice shall serve as an official notice to subsequent landowners that the land owner is responsible for complying with existing conditions for development or use as established by this chapter and any city, state, or federal permits or other approvals, and shall accept sole responsibility for any risk associated with the land’s identified critical area.

20.162.032 Critical Areas—Exemptions. (1) An exemption means that an activity is fully exempt from critical areas review and not subject to the provisions of this chapter. An exemption from this chapter is not an endorsement to degrade a critical area; ignore risk from natural hazards; or otherwise limit the ability of the Director to identify and abate such actions that may cause degradation to a critical area. All exempted activities shall use best

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management practices to the greatest possible extent to avoid potential impacts to critical areas. Any incidental damage to, or alteration of, a critical area or its buffer that is not a necessary and unavoidable outcome of the exempted activity shall be mitigated through restoration, rehabilitation and/or replacement at the responsible party’s expense.

(2) The proponent of the activity may submit a written request for exemption to the Director that

describes the activity and states the exemption listed in this section that applies. The Director shall

review the request to verify that it complies with this chapter and approve or deny the exemption as a

Type I administrative determination pursuant to Chapter 20.22 POMC.

(3) The following land use, development, building activities, and associated uses shall be exempt:

(a) Emergencies. Emergency activities are those activities necessary to prevent an immediate

threat to public health, safety, or welfare, or that pose an immediate risk of damage to property and

that require remedial or preventative action in a short time frame. The person or agency undertaking

such action shall notify the city and the Director shall determine if the action taken is within the scope of

the emergency action allowed in this section. After the emergency, the person or agency shall fully

restore and/or mitigate any impacts to the critical areas and buffers resulting from the action in

accordance with an approved critical area report and mitigation plan.

(b) Operation Maintenance or Repair. Operation maintenance or repair of existing structures

not requiring permits or city approval, only if the activity does not further alter or increase the impact to

critical areas or their buffers.

(c) Passive Outdoor Activities. Recreation, education, and scientific research activities that do not

degrade the critical area.

(d) Forest Practices. Forest practices regulated and conducted in accordance with the provisions

of Chapter 76.09 RCW and forest practices regulations, WAC Title 222. When a proposed forest activity

has been classified as a Class IV forest practice for a conversion of forest land to another use, or when a

forest activity requiring a forest practices application is located within the City’s urban growth area, it

shall be subject to the regulations and provisions of this chapter.

(e) Existing Infrastructure Maintenance and Repair. Maintenance and repair of legally existing

roads, utilities, infrastructure, and associated facilities.

(f) Activities within the Improved Right-of-Way. Construction of new utility facilities,

improvements, or upgrades to existing utility facilities that take place within existing improved rights-of-

way or existing impervious surfaces that do not increase the amount of impervious surface.

20.162.034 Critical Areas—Exceptions. An exception means that an activity is subject to the provisions of this chapter and must undergo full

critical areas review but may receive special consideration and relief from certain provisions of this

chapter. The following are identified exceptions to the provisions of this chapter:

(1) Public Agencies. Public agencies may make an application for exception to the Director for

construction of items such as new roads, utilities, infrastructure, and associated facilities. The

application shall include critical area identification; a critical area report, including a mitigation plan if

necessary; and any other related project documents such as environmental documents pursuant to

SEPA, Chapter 43.21C RCW. The decision whether to grant the public agency utility exception from

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provisions of this chapter shall be processed as a Type III land-use decision per Chapter 20.22 POMC

pursuant to the following review criteria:

(a) There is no other practical alternative to the proposed development with less impact on

the critical areas; and

(b) The application of this chapter would unreasonably restrict the ability to provide utility

services to the public.

(2) Reasonable Use. An applicant may apply for a reasonable use exception if it can be demonstrated

that application of this chapter would deny all reasonable use of the subject property. The application

shall include critical areas identification; a critical areas report including a mitigation plan, if necessary;

and any other related project documents such as environmental documents and special studies. The

decision whether to grant the reasonable use exception shall be processed as a Type III land-use

decision per Chapter 20.22 POMC pursuant to the following review criteria:

(a) The application of this chapter would deny all reasonable use of the property;

(b) No other reasonable use of the property has less impact on the critical area;

(c) Any alteration is the minimum necessary to allow for reasonable use of the property; and

(d) The inability of the applicant to derive reasonable use of the property is not the result of

actions by the applicant after the effective date of this chapter or its predecessor.

20.162.036 Critical Areas—Variances. (1) Except when application of this chapter would deny all reasonable use of the property, an applicant who seeks an exception from the standards and requirements of the CAO shall pursue relief by means of a variance as provided for in this section.

(2) A variance in the application of the regulations, standards, or use prohibitions of this chapter to a particular property may be granted by the Director when it can be shown that the application meets all of the following criteria:

(a) Because of special circumstances applicable to the subject property, including size, shape, or topography, the strict application of this chapter is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity; provided, however, the fact that those surrounding properties have been developed under regulations in force prior to the adoption of this chapter shall not be the sole basis for the granting of a variance;

(b) The special circumstances referred to in subsection (1)(a) of this section are not the result of the actions of the current or previous owner(s);

(c) The granting of the variance will not result in substantial detrimental impacts to the critical area, public welfare or injurious to the property or improvements in the vicinity and area in which the

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property is situated or contrary to the goals, policies and purpose of this chapter;

(d) The granting of the variance is the minimum necessary to accommodate the permitted use;

(e) No other practicable or reasonable alternative exists; and

(f) A mitigation plan (where required) has been submitted and is approved for the proposed use of the critical area.

(3) A variance application under this chapter shall be processed as a Type III land-use decision pursuant to Chapter 20.22 POMC.

(4) Requests for variances shall include the requirements of POMC 20.162.170 through 20.162.200 regarding critical areas reports and habitat plans, as applicable to the proposed activity or use.

(5) The department shall review administrative variances based on the criteria and standards referenced in this chapter and the procedures in Title 20, Subtitle II POMC – Permitting and Development Review Procedures.

(6) The department may grant administrative variances for public utilities to the substantive or procedural requirements of the CAO when:

(a) Application of the CAO to the utility’s activities would be inconsistent with the comprehensive plan or the utility’s public service obligations;

(b) The proposed utility activity does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site; and

(c) Any alterations permitted to these critical areas shall be the minimum necessary to reasonably accommodate the proposed utility activity and mitigate when feasible.

(7) The applicant for a variance is responsible for complying with all state and federal regulations that may apply to the proposed activity, whether or not a variance for CAO requirements is granted by the City. State and federal permits will be required for certain activities in critical areas, including but not limited to in-water or wetland work. All other relevant City permit and regulatory requirements shall also be met for the proposed activity.

20.162.038 Critical Areas—Nonconforming; existing structures. (1) Existing Structures. Structures in existence on the date the ordinance codified in this chapter becomes effective, and which were lawfully constructed, that do not meet the setback or buffer requirements of this chapter may be remodeled or reconstructed; provided, that the new construction or related activity does not further intrude into or create additional impacts to the critical area or its associated buffers and is subject to the restrictions of Chapter 20.170 POMC, Flood Damage Prevention, for reconstruction; provided further, that reconstruction or remodeling will only be allowed if it does not create or continue a circumstance where personal or property damage is likely due to the nature of the critical area.

(2) Where projects have been approved with conditions to protect critical areas under previous

protection policies in effect prior to the adoption of this chapter, those conditions will apply unless and

until an alteration, expansion or other change in development or use will result in a detrimental impact

to a critical area or its buffer. The provisions of this chapter shall also apply in cases where the

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department determines, based on review of current information, that the prior conditions will result in a

detrimental impact to a critical area or its buffer.

20.162.040 Critical Areas—Enforcement; Violation; Penalty.

(1) Enforcement; Violation.

(a) No regulated activity under this chapter shall be conducted without a permit or written

approval and without full compliance with this chapter. All activities not allowed or conditionally

approved shall be prohibited.

(b) The Director shall have authority to enforce this chapter, issue delineation verifications,

permits, and violation notices, and process violations through the use of administrative orders and/or

civil and criminal actions as provided for herein, and as provided for in Chapter 2.64 POMC.

(c) In the event of violation, the city shall have the authority to order restoration, enhancement, or creation measures to compensate for the destroyed or degraded critical area. All development work shall remain stopped until a restoration plan is prepared at the expense of the owner or violator and approved by the city. The plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum requirements described in this chapter. The Director may, at the owner or violator’s expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the owner or violator for revision and resubmittal. If work is not completed in a reasonable time following the order, the city may implement a process to restore or enhance the affected site. This includes creation of new wetlands or streams to offset loss as a result of violation of the provisions in this chapter. The violator shall be liable for all costs of such action, including administrative costs.

(d) The enforcement provisions of this chapter apply to all activities exempted under this

chapter. The Director's determination that a violation exists is not limited by determinations made by

other City agencies or public agencies.

(e) Failure to comply with an administrative order of the director under this chapter shall

constitute a violation subject to enforcement pursuant to this chapter and /or Chapter 2.64 POMC.

(3) Penalties.

(a) Any violation of any provision of this chapter constitutes a public nuisance civil violation

under Chapter 2.64 POMC for which a monetary penalty may be assessed and abatement and/or

enforcement may be required as provided therein.

(b) In addition to or as an alternative to any other penalty provided in this chapter or by law,

any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC

Chapter 2.64 POMC. Each day, or a portion thereof, during which a violation occurs shall constitute a

separate violation.

(4) Imminent and Substantial Dangers. Notwithstanding any provisions of these regulations, the Director may take immediate action to prevent an imminent and substantial danger to the public health, welfare, safety or the environment by the violation of any provision of this Chapter.

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(5) Other Legal or Equitable Relief. Notwithstanding the existence or use of any other remedy, the Director may seek legal or equitable relief to enjoin any acts or practices or abate any conditions which constitute or will constitute a violation of the provisions of the critical areas ordinance.

20.162.042 Critical Areas—Liability. (1) The city is not liable for any damage resulting from land use, building, or development activities within environmentally critical areas. Prior to issuance of any land use, building, and/or development permit or approval, the applicant may be required to enter into an agreement with the city, in a form acceptable to the city attorney, releasing and indemnifying the city from and for any damage or liability resulting from any development activity on the subject property that is related to the physical condition of the critical area. This agreement shall be recorded with the Kitsap County recorder’s office at the applicant’s expense and shall run with the property.

(2) The City may also require the applicant to obtain insurance coverage for damage to city or private property and/or city liability related to any such development activity.

ARTICLE II

DEFINITIONS

20.162.044 Definitions – Generally. All words used in this Chapter shall have their common definition, as used in context, unless a specific definition is set forth herein. The definitions set forth in this chapter shall control, followed by definitions in Chapter 20.06 POMC, and then the common definition.

Adjacent. For the purpose of the critical areas ordinance, “adjacent” is defined as the area within 200 300 feet of a critical area.

Agricultural practices. “Agricultural practices” means activities related to vegetation and soil management, such as tilling of soil, control of weeds, control of plant diseases and insect pests, soil maintenance and fertilization as well as animal husbandry.

Alteration. “Alteration” means any human-induced action that changes the existing condition of a critical area.

Alterations include but are not limited to grading; filling; grubbing; dredging; draining; channelizing;

cutting; pruning; limbing or topping; clearing, relocating or removing vegetation, except noxious weeds

identified by the Washington Department of Agriculture or the Kitsap County cooperative extension;

applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants, excepting

stormwater; grazing domestic animals; paving; construction; application of gravel; modifying for surface

water management purposes; or any other human activity that changes the existing vegetation,

hydrology, wildlife or wildlife habitat. Alteration does not include walking, passive recreation, fishing or

other similar activities.

“Alteration” means a human-induced action, which changes the existing condition of a critical area. Alterations include but are not limited to grading; grubbing; dredging; channelizing; cutting, clearing, relocating or removing vegetation, except noxious weeds identified by the Washington Department of Agriculture or the Kitsap County cooperative extension; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; grazing domestic animals; modifying for surface water management purposes; or any other human activity that changes the existing vegetation, hydrology, wildlife or wildlife habitat.

Anadromous fish. “Anadromous fish” means fish whose life cycle includes time spent in both fresh and salt water.

Applicant. “Applicant” means the person, party, firm, corporation or legal entity, or agent thereof that proposes a development of property in the city of Port Orchard.

Aquaculture practices. “Aquaculture practices” means the harvest, culture or farming of food fish, shellfish, or other aquatic plants and animals including fisheries enhancement and the mechanical harvesting of shellfish and hatchery culture.

Aquifer. “Aquifer” means a saturated body of rock, sand, gravel or other geologic material that is capable of storing, transmitting and yielding water to a well.

Aquifer recharge. “Aquifer recharge” means the process by which water is added to an aquifer. It may occur naturally by the percolation (infiltration) of surface water, precipitation, or snowmelt from the ground surface to a depth where the earth materials are saturated with water. The aquifer recharge can be augmented by “artificial” means through the addition of surface water (e.g., land application of wastewater or stormwater) or by the injection of water into the underground environment (e.g., drainfields and drywells).

Aquifer recharge area. “Aquifer recharge area” means those areas overlying aquifer(s) where natural or artificial sources of water can move downward to an aquifer(s).

Aquifer susceptibility. “Aquifer susceptibility” means the ability of the natural system to transmit contaminants to and through the groundwater system.

Aquifer vulnerability. “Aquifer vulnerability” means the likelihood that the natural system will transmit contaminants to and through a groundwater system, based on natural geological and hydrogeological characteristics and land use practices.

Bank stabilization. “Bank stabilization” means lake or, stream and open water shoreline modification including vegetation enhancement, used for the purpose of retarding erosion, protecting channels or shorelines, and retaining uplands.

Bench (geologic). “Bench (geologic)” means a relatively flat and wide landform along a valley wall.

Best available science. “Best available science” means scientifically valid information in accordance with WAC 365-195-905, as now or hereafter amended, that is used to develop and implement critical areas policies or regulations.

Best management practices. “Best management practices” means conservation practices (physical, structural and/or managerial) or systems of practices and management measures that:

(1) Control soil loss and reduce water quality degradation caused by nutrients, pathogens, bacteria, toxic substances, pesticides, oil and grease, and sediment; and

(2) Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of critical areas.

Biologist. “Biologist” means a person who has a minimum of a bachelor of science degree in biological sciences or a related field from an accredited college or university and two or more years of experience; or a person who has five or more years of experience as a practicing biologist.

Bog. “Bog” means a low-nutrient, acidic wetland with organic soils and characteristic bog plants, as described in Washington State Wetland Rating System for Western Washington: 2014 Update (Washington State Department of Ecology Publication #14-06-29, Olympia, WA, October 2014).

Buffer. “Buffer” means a nonclearing native vegetation area which is intended to protect the functions and values of critical areas.

Candidate species (state listed). “Candidate species (state listed)” means species under review by the Department of Fish and Wildlife for possible listing as endangered, threatened or sensitive. A species will be considered for state candidate designation if sufficient scientific evidence suggests that its status may meet criteria defined for endangered, threatened, or sensitive in WAC 232-12-297. Currently listed state threatened or state sensitive species may also be designated as a state candidate species if their status is in question. State candidate species will be managed by the Department of Fish and Wildlife, as needed, to ensure the long-term survival of populations in Washington. They are listed in WDFW Policy 4802.

City. “City” means the city of Port Orchard.

City council. “City council” means the city council of the city of Port Orchard.

Clearing. “Clearing” means the destruction, disturbance or removal of vegetation by physical, mechanical, chemical or other means.

Compensation. “Compensation” means replacement of project-induced critical area (e.g., wetland) losses of acreage or functions, including, but not limited to, restoration, creation, or enhancement.

Conversion option harvest plan (COHP). (This definition relates to types of forest practices.) “Conversion option harvest plan (COHP)” means a plan for landowners who want to harvest their land but wish to maintain the option for conversion pursuant to WAC 222-20-050. “Conversion” to a use other than commercial timber operation shall mean a bona fide conversion to an active use which is incompatible with timber growing.

Creation. “Creation” means actions performed to intentionally establish a critical area at a site where it did not formerly exist.

Critical area buffer. “Critical area buffer” means an area of protection around a critical area.

Critical areas ordinance or CAO. “Critical areas ordinance” or “CAO” means Chapter 20.162 POMC.

Critical area protection easement. “Critical area protection easement” means an agreement conveyed through a notice to title, or shown on the face of a plat or site plan, for the purpose of perpetual or long-term conservation.

Critical aquifer recharge areas. “Critical aquifer recharge areas” means those land areas which contain hydrogeologic conditions which facilitate aquifer recharge and/or transmitting contaminants to an underlying aquifer.

Critical areas. “Critical areas” means those areas identified as:

(1) Wetlands;

(2) Areas with a critical recharging effect on aquifers used for potable water;

(3) Fish and wildlife habitat conservation areas;

(4) Geologically hazardous areas; and

(5) Frequently flooded areas.

Critical facilities. “Critical facilities” means those facilities necessary to protect the public health, safety and welfare which are defined under the occupancy categories of essential facilities, hazardous facilities and special occupancy structures in the Uniform Building Code, Table No. 23-K (1988). These facilities include but are not limited to schools, hospitals, police stations, fire departments and other emergency response facilities, and nursing homes. Critical facilities also include sites of hazardous material storage or production.

Danger trees. “Danger trees” means any tree of any height, dead or alive, that presents a hazard to the public because of rot, root stem or limb damage, lean or any other observable condition created by natural process or manmade activity consistent with WAC 296-54-529(28).

Debris. Debris. See “Refuse.”

Department.

“Department” means the city of Port Orchard planning department.

Detention facilities. “Detention facilities” means stormwater facilities designed to store runoff while gradually releasing it at a predetermined controlled rate. “Detention facilities” shall include all appurtenances associated with their designed functions, maintenance and security.

Development proposal site. “Development proposal site” means, for purposes of the critical areas ordinance, the legal boundaries of the parcel or parcels of land on which an applicant has applied for authority from the city of Port Orchard to carry out a development proposal.

Director.

“Director” means the city development director.

Draining (related to wetland). “Draining (related to wetland)” means any human activity that diverts or reduces wetland groundwater and/or surface water sources.

Easement or critical area protection easement. “Easement” or “critical area protection easement” for purposes of this chapter means an agreement conveyed through a deed, or shown on the face of a plat or site plan for the purpose of perpetual or long-term conservation.

Endangered species (state listed). “Endangered species (state listed)” means a species native to the state of Washington that is seriously threatened with extinction throughout all or a significant portion of its range within the state. Endangered species are legally designated in WAC 232-12-014.

Enhancement. “Enhancement” means actions performed to improve the condition of an existing degraded critical area (e.g., wetlands or streams) such that the functions or values are of a higher quality; provided, that this activity does not significantly degrade another existing function or value. Erosion. “Erosion” means the process whereby the land surface is worn away by the action of water, wind, ice or other geologic agents, by processes such as gravitational creep or events such as landslides caused by natural or manmade impacts.

Erosion hazard areas. “Erosion hazard areas” means land characterized by any of the soil types identified by the Natural Resources Conservation Service as “highly erodible land.” This designation pertains to water erosion and not wind erosion. These areas may not be highly erodible until or unless the soil is disturbed by activities such as clearing or grading.

Excavation. “Excavation” means removal of earth material.

Existing and ongoing agriculture. “Existing and ongoing agriculture” means those activities conducted within the last five years on lands defined in RCW 84.34.020(2) or defined as agricultural practices in this chapter. For example, the operation and maintenance of existing farm and stock ponds or drainage ditches, operation and maintenance of ditches, irrigation systems including irrigation laterals, canals, or irrigation drainage ditches, changes between agricultural activities, such as rotating crops or grasses used for grazing, and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas; provided, that alteration of the contour of wetlands or streams by leveling or filling other than that which results from normal cultivation or draining of wetlands shall not be considered normal or necessary farming or ranching activities. Activities that bring an area into agricultural use shall not be considered part of an ongoing activity. The regulatory flood hazard areas, floodplains and floodways are depicted on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps for Kitsap County.

Exotic. “Exotic” means any species of plant or animal that is not indigenous (native) to an area.

Extraordinary hardship. “Extraordinary hardship” means where the strict application of Chapter 20.162 POMC and/or other programs adopted to implement the critical areas ordinance by the regulatory authority would prevent all reasonable use of the parcel.

Farm and agricultural conservation land. “Farm and agricultural conservation land” means:

(1) Land that was previously classified under RCW 84.34.020(2) (“Farm and agricultural land”) that no longer meets the criteria of said subsection (2) and that is reclassified under RCW 84.34.020(1) (“Open space land”); or

(2) Land that is traditional farmland that is not classified under Chapter 84.33 or 84.34 RCW that has not been irrevocably devoted to a use inconsistent with agricultural uses, and that has a high potential of returning to commercial agriculture.

Farm pond. “Farm pond” means an open-water habitat of less than five acres and not contiguous with a stream, river, lake or marine water created from a nonwetland site in connection with agricultural activities.

Fen. “Fen” means a type of wetland that is similar to a bog, containing accumulated peat. Fens support marsh-like vegetation including sedges and wildflowers. Fens differ from bogs in their plant communities, hydrology, and water chemistry. They are fed by groundwater and are not as acidic as bogs.

Filling or fill. “Filling” or “fill” means a deposit of earth or other natural or manmade material placed by artificial means, including, but not limited to, soil materials, debris, or dredged sediments.

Floodplain. “Floodplain” means the floodway and associated special flood hazard areas having the potential to flood once every 100 years, or having a one percent chance of being equaled or exceeded in any given year.

Floodway. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Forage fish. “Forage fish” means anchovy, herring, sand lance and smelt.

Forest practices.

“Forest practices” means, as defined in WAC 222-16-010(21), as amended, any activity conducted on or directly pertaining to forest land that is related to growing, harvesting, or processing timber, including but not limited to:

(1) Road and trail construction;

(2) Harvesting, final and intermediate;

(3) Precommercial thinning;

(4) Reforestation;

(5) Fertilization;

(6) Prevention and suppression of diseases and insects;

(7) Salvage of trees; and

(8) Brush control.

Forest practices shall not include preparatory work such as tree marking, surveying and road flagging; or removal or harvest of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber or public resources.

Frequently flooded areas. “Frequently flooded areas” means all Kitsap County lands, shorelands and waters which are within the 100-year floodplain (floodway) as designated by the Federal Emergency Management Agency in flood insurance rate and boundary maps (FIRM).

Geologic hazard areas. “Geologic hazard areas” means areas that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. Source: WAC 365-190-030(8).

Geologist. “Geologist” means a person who has a bachelor of science degree in geologic sciences from an accredited college or university and has a minimum of four years’ experience in soil or slope evaluation under the direct supervision of a practicing geologist or licensed geotechnical engineer.

Geotechnical engineer. “Geotechnical engineer” means a practicing geotechnical/civil engineer licensed as a professional civil engineer with the state of Washington, with professional training and experience in geotechnical engineering, including at least four years’ professional experience in evaluating geologically hazardous areas.

Geotechnical report and geological report. “Geotechnical report and geological report” means a study of potential site development impacts related to retention of natural vegetation, soil characteristics, geology, drainage, groundwater discharge, and engineering recommendations relating to slope and structural stability. The geotechnical report shall be prepared by or in conjunction with a licensed geotechnical engineer meeting the minimum qualifications as defined by this chapter. Geological reports may contain the above information with the exception of engineering recommendations, and may be prepared by a geologist (see Article VII of this Chapter, special reports for minimum qualifications).

Grading (construction). “Grading (construction)” means any excavating, filling, grubbing, recontouring or removal of earth materials on the surface layer or any combination thereof.

Grubbing.

“Grubbing” means the removal of vegetative matter from underground, such as sod, stumps, roots, buried logs, or other debris, and shall include the incidental removal of topsoil to a depth not exceeding 12 inches.

Habitat. “Habitat” means the specific areas or environments in which a particular type of plant or animal lives. An organism’s primary and secondary habitat provides all the basic requirements for life of the organism.

Habitat of local importance. “Habitat of local importance” means a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or areas of high vulnerability to alteration, such as cliffs, talus, and wetlands.

Habitat management plan. “Habitat management plan” means a report prepared by a professional wildlife biologist or fisheries biologist which discusses and evaluates critical fish and wildlife habitat functions and evaluates the measures necessary to maintain, enhance and improve habitat conservation on a proposed development site.

Hazardous substance(s). “Hazardous substance(s)” means any liquid, solid, gas or sludge, including any materials, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste, including waste oil and petroleum products.

Hearing examiner.

“Hearing examiner” means a person appointed to hear or review certain land use decisions pursuant to Article XI, Section 11 of the Washington State Constitution, Chapters 35.63 and 58.17 RCW, and Chapter 2.76 POMC.

Hydric soils. “Hydric soils” means a soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part.

Hydrologist or hydrogeologist. “Hydrologist” or “hydrogeologist” means a person who has a bachelor of science degree in geologic sciences with an emphasis in hydrogeology or related field from an accredited college or university and has a minimum of five years’ experience in groundwater investigations, modeling and remediation.

Hydrophytes. “Hydrophytes” means those plants capable of growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. Source: WAC 173-22-030.

Infiltration rate. “Infiltration rate” means a general description of how quickly or slowly water travels through a particular soil type.

Investigation. “Investigation” means work necessary for land use application submittals such as surveys, soil logs, percolation tests or other related activities.

Landslide hazard areas. “Landslide hazard areas” means areas potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors.

Liquefaction. “Liquefaction” means a process in which a water-saturated soil, upon shaking, suddenly loses strength and behaves as a fluid (see Article II of this Chapter, Wetlands).

Lot. “Lot” means a measured parcel of land having fixed boundaries and designated on a plat or survey. A physically separate and distinct parcel of property, which has been created pursuant to the provisions of the Port Orchard zoning code requirements. A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels; however, tracts or parcels that are created solely for the protection of wetlands shall not count towards the total number of lots allowed; provided they are not meant or used for building purposes.

Low impact activities. “Low impact activities” means activities that do not require a development permit and/or do not result in any alteration of hydrology or adversely impact the environment.

Major new development. “Major new development” means any new development, as defined below, within or within 200 feet of a critical area:

(1) Subdivisions of land;

(2) Clearing, grading or filling one acre or greater in area;

(3) Any new commercial development in excess of 750 square feet in area authorized in the city of Port Orchard zoning code;

(4) Development requiring conditional use or special use permits required under the city of Port Orchard zoning code;

(5) Planned residential developments authorized under the city of Port Orchard zoning code;

(6) Any structure footprint in excess of 4,000 square feet in area, except for single-family residences;

(7) Any residential development except as exempted in POMC 20.162.005.

Minor new development. “Minor new development” means any new development, as defined below, within or within 200 feet of a critical area:

(1) Normal maintenance or repair of existing structures or developments, including damage by accident, fire or the elements;

(2) Emergency construction necessary to protect property from damage by the elements;

(3) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities, construction of an agricultural building less than 3,000 square feet in size used exclusively for agricultural activities and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities and irrigation channels;

provided, that a feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of wetlands or streams by leveling or filling other than that which results from normal cultivation shall not be considered normal or necessary farming or ranching activities;

(4) Construction of one single-family residence and normal appurtenances necessarily connected to the use and enjoyment of a single-family residence and may include a garage; deck; driveway; utilities; fences; grading less than one acre in area; and home occupations pursuant to the city of Port Orchard zoning code, as now or hereafter amended;

(5) Construction of a dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of a single-family residence;

(6) Operation and maintenance of any system of dikes, ditches, drains, or other facilities which legally existing prior to the date of adoption of the critical areas ordinance, and which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system;

(7) Development authorized by POMC 20.162.005 (General exemptions) and/or by POMC 20.162.007 (Standards for existing development).

Mitigation. “Mitigation” means avoiding, minimizing or compensating for adverse critical area impacts. Mitigation includes the following specific categories:

(1) Mitigation, compensatory: replacing project-induced critical area losses or impacts, including, but not limited to, restoration, creation, or enhancement.

(2) Mitigation, creation: mitigation performed to intentionally establish a critical area (e.g., wetland) at a site where it does not currently exist.

(3) Mitigation, enhancement: mitigation performed to improve the condition of existing degraded critical areas (e.g., wetlands) so that the functions they provide are of a higher quality.

(4) Mitigation, restoration: mitigation performed to reestablish a critical area (e.g., wetland), or its functional characteristics and processes, which have been lost by alterations, activities or catastrophic events within an area which no longer meets the definition of a critical area.

All mitigation shall be consistent with Article XII of this chapter.

Native vegetation. “Native vegetation” means vegetation indigenous to the Puget Sound coastal lowlands.

Nonconforming use or structure. “Nonconforming use or structure” means a use of land or structure which was lawfully established or built and which has been lawfully continued but which does not conform to the current regulations of the zone in which it is located as established by the city of Port Orchard zoning code relating to repair of damaged structures, Chapter 20.162 POMC, or amendments thereto.

Normal maintenance. “Normal maintenance” includes those usual acts to prevent a decline, lapse or cessation from a lawfully established condition. Normal maintenance includes removing debris from and cutting or manual removal of vegetation in crossing and bridge areas. Normal maintenance does not include:

(1) Use of fertilizer or pesticide application in wetlands, fish and wildlife habitat conservation areas, or their buffers;

(2) Redigging ditches in wetlands or their buffers to expand the depth and width beyond the original ditch dimensions;

(3) Redigging existing drainage ditches in order to drain wetlands on lands not classified as existing and ongoing agriculture under POMC 20.162.005 (General exemptions).

Open space. “Open space” is land used for outdoor recreation, critical area or resource land protection, amenity, safety or buffer, including structures incidental to these open space uses, but excluding yards required by this Chapter and land occupied by dwellings or impervious surfaces not related to the open space uses.

Ordinary high water mark. “Ordinary high water mark” means that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water.

Organic debris. “Organic debris” includes, but is not limited to, stumps, logs, branches, leaves and other organic materials.

Out-of-kind compensation. “Out-of-kind compensation” means to replace a critical area (e.g., wetland) with a substitute critical area (e.g., wetland) whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. It does not refer to replacement “out-of-category,” such as replacement of wetland loss with new stream segments.

Permit. “Permit” means any development, variance, conditional use permit, or revision authorized under Chapter 90.58 RCW or city regulations.

Planned residential development (PRD). “Planned residential development (PRD)” means development specifically approved by the city and characterized by comprehensive planning of the total project, though it may contain a variety of individual lots and/or uses. This type of project may include clustering of structures and preservation of open space with a number of flexible and customized design features specific to the natural features of the property and the uses sought to be implemented. Specific lot area and setback requirements are reduced or deleted in order to allow maximization of open space, critical areas and other components of the project.

Planning commission.

“Planning commission” means the planning commission of the city of Port Orchard.

Pond. “Pond” means a naturally existing or artificially created body of standing water less than 20 acres in size and not defined as “shorelines of the state” by Chapter 90.58 RCW (Shoreline Management Act).

Practicable alternative. “Practicable alternative” means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to critical areas. It may include an area not owned by the applicant, which could reasonably have been or be obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed activity.

Priority habitat. “Priority habitat” means a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness; breeding, nesting, feeding, foraging, and migratory habitat; winter range, movement corridors; and/or habitats that are of limited availability or high vulnerability to alteration. Priority habitats are established by the Washington State Department of Fish and Wildlife within their priority habitats and species database.

Priority species. “Priority species” include those which are state-listed endangered, threatened, sensitive, candidate and monitored species as well as priority game and nongame species.

Public facilities. “Public facilities” means facilities which are owned, operated and maintained by a public agency.

Public project of significant importance. “Public project of significant importance” means a project funded by a public agency, department or jurisdiction which is found to be in the best interests of the citizens of the city of Port Orchard and is so declared by the Port Orchard city council.

Public right-of-way. “Public right-of-way” means any road, alley, street, avenue, arterial, bridge, highway, or other publicly owned ground or place used or reserved for the free passage of vehicular and/or pedestrian traffic or other services, including utilities.

Public utility. “Public utility” means a business or service, either governmental or having appropriate approval from the state, which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need, such as electricity, gas, sewer and/or wastewater, water, transportation or communications.

Ravine. “Ravine” means a v-shaped landform generally having little to no floodplain and normally containing steep slopes, which is deeper than 10 vertical feet as measured from the centerline of the ravine to the top of the slope. Ravines are typically created by the wearing action of streams.

Refuse. “Refuse” means material placed in a critical area or its buffer without permission from any legal authority. Refuse includes, but is not limited to, stumps, wood and other organic debris, as well as tires,

automobiles, construction and household refuse. This does not include large woody debris used with an approved enhancement plan.

Reasonable alternative. “Reasonable alternative” means an activity that could feasibly attain or approximate a proposal’s objectives, but at a lower environmental cost or decreased level of environmental degradation.

Reasonable use. A property is deprived of all “reasonable use” when the owner can realize no reasonable return on the property or make any productive use of the property. “Reasonable return” does not mean a reduction in value of the land, or a lack of a profit on the purchase and sale of the property, but rather, where there can be no beneficial use of the property; and which is attributable to the implementation of the critical areas ordinance.

Reasonable use exception. “Reasonable use exception” means the process by which the city determines allowable use of a property which cannot conform to the requirements set forth in Chapter 20.162 POMC, including the variance criteria. See POMC 20.162.009 for reasonable use exception procedures.

Regulated use or activity. “Regulated use or activity” means any development proposal which includes or directly affects a critical area or its buffer or occurs within 200 feet of a critical area (see definitions of “adjacent” per POMC 20.162.002 and “development activity” per POMC 16.08.200).

Rehabilitation. “Rehabilitation” means the manipulation of the physical, chemical or biological characteristics of a site with the goal of repairing natural or historical functions and processes of a degraded wetland. Activities could involve breaching a dike to reconnect wetlands to a floodplain, restoring tidal influence to a wetland, or breaking drain tiles and plugging drainage ditches.

Restoration. “Restoration” means the return of a critical area (e.g., stream or wetland) to a state in which its functions and values approach its unaltered state as closely as possible.

Retention facilities. “Retention facilities” means drainage facilities designed to store runoff for gradual release by evaporation, plant transpiration, or infiltration into the soil. Retention facilities shall include all such drainage facilities designed so that none or only a portion of the runoff entering the facility will be eventually discharged as surface water. Retention facilities shall include all appurtenances associated with their designed function, maintenance and security.

Riparian area. “Riparian area” means an area that includes the land which supports riparian vegetation and may include some upland, depending on site conditions. These generally occur adjacent to water bodies where specific measures are needed to protect fish and wildlife habitat needs and watershed functions.

Salmonid. “Salmonid” means a member of the fish family Salmonidae. This family includes chinook, coho, chum, sockeye and pink salmon; rainbow, steelhead, cutthroat, brook and brown trout; and Dolly Varden char, kokanee, and whitefish.

Sensitive species (state listed). “Sensitive species (state listed)” means a species, native to the state of Washington, that is vulnerable or declining and is likely to become endangered or threatened in a significant portion of its range within the state without cooperative management or the removal of threats. Sensitive species are legally designated in WAC 232-12-011.

Shorelines. “Shorelines” means all of the water areas of the state, including reservoirs, and their associated wetlands, together with the lands underlying them; except:

(1) Shorelines of statewide significance;

(2) Shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments; and

(3) Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes.

Shorelines of statewide significance. “Shorelines of statewide significance” means those areas designated under RCW 90.58.030(2)(e), marine shorelines designated as shorelines of statewide significance:

(1) Blackjack Creek – From the confluence of Blackjack Creek and unnamed creek (Section 11, T23N, R1E) downstream to mouth at Sinclair Inlet (Section 25, T24N, R1E);

(2) Puget Sound – Line waterward from line of extreme low tide.

Single-family dwelling. “Single-family dwelling” means a building or structure which is intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes by one family and including accessory structures and improvements.

Special flood hazard areas. “Special flood hazard areas” means the area adjoining the floodway which is subject to a one percent or greater chance of flooding in any year, as determined by engineering studies acceptable to the city of Port Orchard. The coastal high hazard areas are included within special flood hazard areas.

Species of concern. “Species of concern” means species that have been classified as endangered, threatened, sensitive, candidate, or monitored by the Washington State Department of Fish and Wildlife.

State Environmental Policy Act or SEPA. “State Environmental Policy Act” or “SEPA” means the state environmental law (Chapter 43.21C RCW) and rules (Chapter 197-11 WAC) as implemented by the city of Port Orchard.

Streams. “Streams” means those areas in the city of Port Orchard where the surface water flow is sufficient to produce a defined channel or bed. A defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes but is not limited to bedrock channels, gravel beds, sand and silt beds and defined channel swales. The channel or bed need not contain water year-round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices or other artificial watercourses unless they are used by fish or used to convey streams naturally occurring prior to construction.

Susceptibility (groundwater). “Susceptibility (groundwater)” means the potential an aquifer has for groundwater contamination, based on factors which include but are not limited to depth of aquifer, soil permeability, topography, hydraulic gradient and conductivity, and precipitation.

Swale. “Swale” means a shallow drainage conveyance with relatively gentle side slopes, generally with flow depths less than one foot.

Threatened species (state listed). “Threatened species (state listed)” means a species, native to the state of Washington, that is likely to become endangered in the foreseeable future throughout a significant portion of its range within the state without cooperative management or the removal of threats. Threatened species are legally designated in WAC 232-12-011.

Toe of slope. “Toe of slope” means a distinct topographic break in a slope. Where no distinct break exists, this point shall be the lowermost limit of the landslide hazard area as defined and classified in Article II of this Chapter.

Top of slope. “Top of slope” means a distinct topographic break in a slope. Where no distinct break in a slope exists, this point shall be the uppermost limit of the geologically hazardous area as defined and classified in this Chapter.

Unavoidable and necessary impacts. “Unavoidable and necessary impacts” means impacts to a critical area that remain after an applicant proposing to alter such an area has demonstrated that no practicable alternative exists for the proposed project.

Utilities. “Utilities” means facilities and/or structures which produce or carry electric power, gas, sewage, water, communications, oil, publicly maintained stormwater facilities, etc.

Utility corridor. “Utility corridor” means areas identified in the comprehensive plan for utility lines, including electric, gas, sewer, water lines; and public right-of-way and other dedicated utility right-of-way on which one or more utility lines are currently located. The term “other dedicated utility right-of-way” means ownership, easements, permits, licenses or other authorizations affording utilities the right to operate and maintain utility facilities on private property.

Vulnerability (groundwater). “Vulnerability (groundwater)” means the likelihood that an aquifer could be contaminated, based on both susceptibility and land use. High vulnerability generally means an aquifer, which has high susceptibility to contamination, and is located in a land use area conducive to contamination, such as industrial or residential. High vulnerability includes high potential areas for overdrafting and/or saltwater intrusion.

Wetlands. “Wetland” or “wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a

prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands.

Wetlands, isolated.

“Wetlands, isolated” means a wetland that is hydrologically isolated from other aquatic resources, as

determined by the United States Army Corps of Engineers (USACE). Isolated wetlands may perform

important functions and are protected by state law (RCW 90.48) whether or not they are protected by

federal law.

Wetland determination. “Wetland determination” means an on-site determination as to whether a wetland exists on a specific parcel, conditioned by either a wetland specialist or the department. A wetland determination does not require a formal delineation.

Wetlands report. “Wetlands report” means a wetland delineation, characterization and analysis of potential impacts to wetlands consistent with applicable provisions of Article III of this Chapter.

Wetland edge. “Wetland edge” means the line delineating the outer edge of a wetland established in Article III of this Chapter.

Wetlands of regional significance.

“Wetlands of regional significance” means those regulated wetlands determined by the department, or otherwise determined, to have characteristics of exceptional resource value which should be afforded the highest levels of protection.

Wetlands specialist. “Wetlands specialist” means a person who has earned a bachelor’s degree in biological sciences with specific course work concerning the functions and values of wetlands from an accredited college or university with a minimum of two years of related work experience; or a qualified consultant or professional person who has equivalent education and training or with equivalent experience acceptable to the department. The city may refer to the list of approved wetland specialists, which is maintained by the city.

Wetpond. “Wetpond” means an artificial water body constructed as a part of a surface water management system.

Wildlife biologist. “Wildlife biologist” means a person who has earned a minimum of a bachelor’s degree in wildlife biology and has a minimum of five years of field experience in wildlife biology and habitat evaluation.

Wildlife nesting structure. “Wildlife nesting structure” means a structure erected for the sole purpose of providing a wildlife nesting site.

ARTICLE III

WETLANDS

Sections: 20.162.046 Purpose. 20.162.048 Wetland categories. 20.162.050 Regulated and nonregulated wetlands classification. 20.162.052 Exempt wetlands. 20.162.054 Development standards. 20.162.056 Regulated uses and activities. 20.162.058 Additional development standards for regulated uses. 20.162.060 Special use review. 20.162.062 Application requirements. 20.162.064 Determination of wetland boundaries. 20.162.066 Wetland mitigation requirements. 20.162.068 Incentives for wetlands protection.

20.162.046 Purpose. This chapter applies to all regulated uses within or adjacent to areas designated as wetlands, as categorized below. The intent of this chapter is to:

(1) Achieve no net loss and increase the quality and function of wetland acreage, functions and values within the city. Mitigation measures, as conditions of permits, must have a reasonable expectation of success. Under the conditions of this chapter, the department may deny development proposals that would irreparably impact regulated wetlands;

(2) Protect the public expenditures that could arise from improper wetland uses and activities;

(3) Plan wetland uses and activities in a manner that allows property holders to benefit from wetland property ownership wherever allowable under the conditions of this chapter and the other provisions of the critical areas ordinance;

(4) Preserve natural flood control, stormwater storage and drainage or stream flow patterns; and

(5) Prevent turbidity and pollution of wetlands, and fish or shellfish bearing waters to maintain the wildlife habitat.

20.162.048 Wetland categories. (1) Wetlands are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, estuaries, marshes, bogs, and similar areas. For regulatory purposes, wetland delineations shall be determined by using the Washington State Wetlands Identification and Delineation Manual, March 1997, or as amended hereafterin accordance with the approved federal wetland delineation manual and applicable regional supplements. All areas within the city meeting the wetland designation criteria as determined by that review procedure are designated as critical areas and are subject to the regulations and provisions of this chapter.

(2) The city uses the Department of Ecology’s Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication #14-06-029), Second Edition, 1993, or as amended hereafter to categorize wetlands for the purposes of establishing wetland buffer widths, wetland uses and replacement ratios for wetlands. This system consists of four wetland categories (see Article XII of this Chapter, Attachment A, for wetland categories).

20.162.050 Regulated and nonregulated wetlands classification. (1) Regulated Wetlands. (See classifications in Article XII of this Chapter.)

(a) Category I wetlands: All.

(b) Category II wetlands: All.

(c) Category III wetlands: 2,500 square feet or greater.

(d) Category IV wetlands: 10,000 square feet or greater.

(e) Wetlands intentionally created from nonwetland areas to mitigate conversion of other wetlands.

(f) Groups of isolated wetlands, any one or more of which may be smaller than any of the above categories, but which in aggregate may be as valuable as any of the above categories.

(2) Nonregulated Wetlands.

(a) Category III wetlands: Isolated wetlands less than 2,500 square feet.

(b) Category IV wetlands: Isolated wetlands less than 10,000 square feet.

(c) Created wetlands: Wetlands created intentionally from a nonwetland site that were not required to be constructed as mitigation for adverse wetland impacts. These may include, but are not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment ponds, farm ponds not contiguous, as defined in this Chapter, and landscape amenities. The applicant shall bear the burden of proving that the wetland was intentionally created from a nonwetland site. Where enhancements or restorations are made to nonregulated, or Category III or IV wetlands for purposes other than mitigation, the original rating shall be maintained even if the changes would otherwise result in a higher classification.

20.162.052 Exempt wetlands. (1) The following wetlands may be exempt from the requirement to avoid impacts, and they may be filled if the impacts are fully mitigated based on the requirements of this Chapter. If available, impacts should be mitigated through the purchase of credits from an in-lieu fee program or mitigation bank, consistent with the terms and conditions of the program or bank. In order to verify the following conditions, a critical area report for wetlands meeting the requirements of this Chapter must be submitted.

(a) All isolated Category IV wetlands less than 4,000 square feet that:

(i) Are not associated with riparian areas or their buffers

(ii) Are not associated with shorelines of the state or their associated buffers

(iii) Are not part of a wetland mosaic

(iv) Do not score 5 or more points for habitat function based on the Washington State Wetland Rating System for Western Washington: 2014 Update, (Ecology Publication #14-06-029, or as revised as approved by Ecology).

(v) Do not contain a Priority Habitat or a Priority Area for a Priority Species identified by the Washington Department of Fish and Wildlife, do not contain federally listed species or their critical habitat, or species of local importance.

(b) Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally listed species or their critical habitat are exempt from the buffer provisions contained in this Chapter.

20.162.054 Development standards. For the purpose of the provisions of the critical areas ordinance, a regulated wetland and its buffer is a critical area.

(1) There shall be no activity allowed within a regulated wetland or its buffer unless specifically allowed under the CAO in Table 20.162.050. Any regulated uses not specifically listed in Table 20.162.050 shall be considered unclassified and may be allowed if granted a special use review in accordance with this chapter.

(2) Buffers. Buffers shall remain undisturbed natural vegetation areas except where the buffer can be enhanced to improve its functional attributes. Any buffer enhancement and/or limited view clearing activity must be reviewed and approved by the department. No refuse shall be placed in the buffer.

(3) Buffer Widths. All regulated wetlands shall be surrounded by a buffer zone as follows:

Table 20.162.020 Wetland Development Standards

Table 20.162.010 Wetland Buffer Requirements if Table 20.162.020 is Implemented and Corridor Provided

Buffer width (in feet) based on habitat score

Wetland Category Score 3-4 Score 5 6-7 8-9

Category I:

Based on total

score

75 105 165 225

Category I:

Bogs and

Wetlands of High

Conservation

Value

190 225

Category I:

Coastal Lagoons 150 165 225

Category I:

Interdunal 225

Category I:

Forested 75 105 165 225

Category I:

Estuarine 150 (buffer width not based on habitat scores)

Category II:

Based on score 75 105 165 225

Category II:

Interdunal

Wetlands

110 165 225

Category II:

Estuarine 110 (buffer width not based on habitat scores)

Category III (all) 60 105 165 225

Category IV (all) 40

Table 20.162.020 Required Measures to Minimize Impacts to Wetlands

Disturbance

Required Measures to Minimize Impacts

Lights • Direct lights away from wetland

Noise

• Locate activity that generates noise away from wetland

• If warranted, enhance existing buffer with native

vegetation plantings adjacent to noise source

• For activities that generate relatively continuous,

potentially disruptive noise, such as certain heavy

industry or mining, establish an additional 10’ heavily

vegetated buffer strip immediately adjacent to the outer

wetland buffer

Toxic runoff

• Route all new, untreated runoff away from wetland

while ensuring wetland is not dewatered

• Establish covenants limiting use of pesticides within

150 ft of wetland

• Apply integrated pest management

Stormwater runoff

• Retrofit stormwater detention and treatment for roads

and existingadjacent development

• Prevent channelized flow from lawns that directly

enters the buffer

• Use Low Intensity Development techniques (for more

information refer to the drainage ordinance and manual)

Change in water regime

• Infiltrate or treat, detain, and disperse into buffer new

runoff from impervious surfaces and new lawns

Pets and human disturbance

• Use privacy fencing OR plant dense vegetation to

delineate bufferedge and to discourage disturbance using

vegetation appropriate for the ecoregion

• Place wetland and its buffer in a separate tract or

protect with a conservation easement

Dust • Use best management practices to control dust

Table 20.162.030 Wetland Buffer Requirements if Table 20.162.020 is Not Implemented or Corridor is Not Provided

Buffer width (in feet) based on habitat score

Wetland Category

Score 3-4 Score 5 Score 6-7 Score 8-9

Category I:

Based on total score

100 140 220 300

Category I:

Bogs and

Wetlands of High

Conservation Value

250 300

Category I:

Coastal Lagoons

200 220 300

Category I:

Interdunal

300

Category I:

Forested

100 140 220 300

Category I:

Estuarine

200 (buffer width not based on habitat scores)

Category II:

Based on score

100 140 220 300

Category II:

Interdunal Wetlands

150 220 300

Category II:

Estuarine

150 (buffer width not based on habitat scores)

Category III (all) 80 140 220 300

Category IV (all) 50

(4) Buffer Measurement. All buffers shall be measured on a horizontal plane from the regulated wetland edge as marked in the field.

(5) Buffer Averaging. Standard buffer widths may be modified by averaging buffer widths. The total area contained within the buffer after averaging shall be no less than that contained within the standard buffer prior to averaging. The buffer shall not be reduced by more than 25 percent of the standard buffer width at any point. The department may allow wetland buffer averaging where it can be demonstrated that such averaging can clearly provide equivalent or greater functions and values as would be provided under the standard buffer requirement.

Prior to approval of buffer averaging, a critical areas report for wetland meeting the requirements in this chapter must be submitted. Averaging of buffer widths may be allowed where the applicant demonstrates the following:

(i) The wetland contains variations in sensitivity due to existing physical characteristics; and

(ii) Averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property.

(6) Increased Buffer Provisions. The department may increase buffer zone widths for a development project on a case-by-case basis when a larger buffer is necessary to protect wetland functions and values. Such determination shall be based on site-specific and project related conditions, which include, but are not limited to:

(a) Wetland sites with known locations of endangered or threatened species for which a habitat management plan indicates a larger buffer is necessary to protect habitat values for such species;

(b) The adjacent land is susceptible to severe erosion and erosion control measures alone will not effectively prevent adverse wetland impacts;

(c) The adjacent land on the development proposal site has minimal vegetative cover or slopes greater than 30 percent; or

(d) The proposed development within 200 feet of the regulated wetland would be a high intensity use.

(8) Fencing and Signs. This subsection applies to those wetlands and their buffers that are within 200 feet of regulated development activities.

(a) Wetland buffers shall be temporarily fenced or otherwise suitably marked, as required by the department, between the area where the construction activity occurs and the buffer. Fences shall be made of a durable protective barrier and shall be highly visible. Silt fences and plastic construction fences may be used to prevent encroachment on wetlands or their buffers by construction. Temporary fencing shall be removed after the site work has been completed and the site is fully stabilized per city approval.

(b) The department may require permanent signs and/or split-rail fencing to be placed on the common boundary between a wetland buffer and the adjacent land. Signs must be posted at an interval of one (1) per lot if the lot is less than 50 feet wide, or every 50 feet, whichever is less, and

must be maintained by the property owner in perpetuity. The signs shall be worded as follows or with alternative language approved by the department:

Protected Wetland Area Do Not Disturb

Contact City of Port Orchard Regarding Uses, Restrictions, and Opportunities for Stewardship

The department may approve an alternate method of wetland and buffer identification, if it provides adequate protection to the wetland and buffer.

(9) Building or 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 or impervious surface intrusions into the areas of the setback may be permitted if the department determines that such intrusions will not adversely impact the wetland. The setback shall be identified on a site plan and filed as an attachment to the notice to title as required by POMC 20.162.011 (Critical area and buffer notice to title).

20.162.056 Regulated uses and activities. (1) Major and minor new development activities on properties containing regulated wetlands and buffers are subject to the development standards in this chapter, as permitted in the underlying zoning designation. Requirements for additional activities are specified in Table 20.162.050. The city may grant exceptions to these uses and activities according to the intent and specifications of the provisions of the critical areas ordinance. All authorized uses and activities in a regulated wetland or its buffer shall be subject to conditions established by the department and may be subject to mitigation as required by this cChapter.

(2) Development shall be classified as “allowed,” “permitted,” “special use” (Article II of this Chapter) or “prohibited” according to this section. Any regulated uses not specifically listed in Table 20.162.050 shall be considered unclassified and may be allowed if granted a special use review in accordance with Chapter 20.162.023 POMC. The wetland categories in Table 20.162.050 are defined in Article XII of this Chapter, Attachment A. For the purpose of Table 20.162.050, “W” and “B” refer to the terms “wetland” and “buffer.”

Key:

A = Allowed outright

P = Permitted subject to development standards and underlying permit

S = Special use review required

X = Prohibited

Table 20.162.050: Regulated Uses and Activities in Regulated Wetlands and Buffers

Category I Category II

Category III

Category IV

W B W B W B W B

Agriculture – Existing and ongoing A A A A A A A A

Agriculture – Building (grazed wet meadows) X X X S S P S P

Agriculture conversion A. (Wetland dependent)

X X

X S

S S

S S

B. (Nonwetland dependent) X X X X S S S S

Bank stabilization X X S S S S P P

Boat ramp X X S S S S S S

Dock/float S S S S S S P P

Draining wetlands (associated with no other permitted use, except as allowed in this Chapter)

X N/A

X N/A

X N/A

X N/A

Education and scientific research (no permanent structures) P P P P P P A P

Enhancement S S P P P P P P

Excavation (not associated with enhancement) X X S S S S S S

Fill (associated with no other use less than 0.49 acres) X X X X X X S S

Fish hatchery X X S S S S S S

Flooding (associated with no other use) X X S S S S S S

Forest practice – Class IV general or COHP X X X S S S S S

Golf course X X S S S S S S

Land division P P P P P P P P

Mineral extraction X X S S S S S S

Mooring buoy P P P P P P P P

Navigational aid P P P P P P P P

Parks – Public and private S S S S S S P P

Ponds – Stock watering X X X S X S S P

Public facility X X X S S S S S

Public project of significant importance S S S S S S S S

Radio/TV towers X X S S S S S S

Restoration/revegetation of site S S P P P P P P

Road/street – Public/private access Expand within:

A. Existing ROW S S S S S S P P

B. New facilities X X S S S S P P

Signs (interpretation, hazard, critical area boundary, survey markers)

P P

P P

P P

P P

Site investigation A A A A A A A A

Stormwater, private R/D facility X X X S S S S S

Stormwater, regional R/D facility X X X S S S S S

Trails and trail-related facilities S S S S P P P P

Utility facility X X S S S S S S

Utility – On-site sewage facility X X X S X S X S

Utility line – Overhead S S S S S S P P

Utility line – Underground X S S S S S S S

20.162.058 Additional development standards for regulated uses. In addition to meeting the development standards in this Article, those regulated uses identified below shall also comply with the standards of this section and other applicable state, federal and local ordinances.

(1) Forest Practice, Class IV General, and Conversion Option Harvest Plans (COHPs). All timber harvesting and associated development activity, such as construction of roads, shall comply with the provisions of the critical areas ordinance, including the maintenance of buffers around regulated wetlands.

(2) Agricultural Restrictions. In all development proposals which would permit introduction of agricultural uses, damage to regulated wetlands shall be avoided. Wetlands shall be avoided by one of the following methods:

(a) Implementation of a farm conservation plan agreed upon by the conservation district and the applicant to protect and enhance the water quality of the wetland; and/or

(b) Fencing located not closer than the outer buffer edge.

(3) Road/Street Repair and Maintenance. Any private or public road or street repair or maintenance shall comply with the following minimum development standards:

(a) The road or street repair and construction are the minimum necessary to provide safe roads and streets;

(b) Mitigation shall be performed in accordance with specific project mitigation plan requirements.

(4) Land Divisions and Land Use Permits. All proposed divisions of land and land uses (including but not limited to the following: boundary or lot line adjustments, short plats, large lot subdivisions, master planned resorts, planned residential developments, conditional use permits, site plan reviews, binding site plans) which include regulated wetlands shall comply with the following procedures and development standards:

(a) Regulated wetlands, except the area with permanent open water, and wetland buffers may be included in the calculation of minimum lot area for proposed lots; provided, that other standards, including subsection (5)(c) of this section, 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 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 the provisions of this chapter, to accommodate innovation, creativity, and design flexibility, and to achieve a level of environmental protection that would not be possible by typical lot-by-lot development, the use of the clustered development or similar innovative site planning is strongly encouraged for projects with regulated wetlands on the site.

(d) After preliminary approval and prior to final land division approval, the department may require the common boundary between a regulated wetland or associated buffer and the adjacent land be identified using permanent signs and/or fencing. In lieu of signs and/or fencing, alternative methods of wetland and buffer identification may be approved when such methods are determined by the department to provide adequate protection to the wetland and buffer.

(5) Stormwater management facilities. A wetland or its buffer can be physically or hydrologically altered to meet the requirements of an LID, Runoff Treatment or Flow Control BMP if ALL of the following criteria are met:

(a) The wetland is classified as a Category IV or a Category III wetland with a habitat score of 3-4 points, and

(b) There will be “no net loss” of functions and values of the wetland, and

(c) The wetland does not contain a breeding population of any native amphibian species, and

(d) The hydrologic functions of the wetland can be improved as outlined in questions 3, 4, 5 of Chart 4 and questions 2, 3, 4 of Chart 5 in the Department of Ecology’s “Guide for Selecting Mitigation Sites Using a Watershed Approach,” ; or the wetland is part of a priority restoration plan that achieves restoration goals identified in a Shoreline Master Program or other local or regional watershed plan, and

(e) The wetland lies in the natural routing of the runoff, and the discharge follows the natural routing, and

(f) All regulations regarding stormwater and wetland management are followed, including but not limited to local and state wetland and stormwater codes, manuals, and permits, and

(g) Modifications that alter the structure of a wetland or its soils will require permits. Existing functions and values that are lost would have to be compensated/replaced.

Stormwater LID BMPs required as part of new and redevelopment projects can be considered within wetlands and their buffers. A site-specific characterization is required to determine if an LID BMP is feasible at the project site.

(6) 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 hydrological characteristics, shrubs, snags and important wildlife habitat.

(c) Viewing platforms and benches, and access to them, shall be designed and located to minimize disturbance of wildlife habitat and/or critical characteristics of the affected wetland.

(d) Trails and related facilities shall generally be located outside required buffers. Where trails are permitted within buffers they shall be located in the outer 25% of the buffer and a minimum of 25 feet from the wetland edge, except where wetland crossings or viewing areas have been approved.

(e) Trails shall generally be limited to pedestrian use and pervious surfaces no more than five feet in width, unless other more intensive uses, such as bike or horse trails, have been specifically allowed and mitigation has been provided.

(f) Circular (loop) trails are discouraged, as they have the potential to encircle critical areas and cut off habitat connectivity for smaller species.

(7) Utilities in Wetlands or Wetland Buffers.

(a) Construction of new utilities outside the road right-of-way or existing utility corridors may be permitted in wetlands or wetland buffers, only when no reasonable alternative location is available and the utility corridor meets the requirements for installation, replacement of vegetation and maintenance outlined below, and as required in the filing and approval of applicable permits and special reports required by this chapter.

(b) Sewer or On-Site Sewage Utility. Construction of sewer lines or on-site sewage systems may be permitted in regulated wetland buffers only when:

(i) The applicant demonstrates it is necessary to meet state and/or local health code minimum design standards (not requiring a variance for either horizontal setback or vertical separation); and/or

(ii) There are no other practicable or reasonable alternatives available and construction meets the requirements of this section. Joint use of the sewer utility corridor by other utilities may be allowed. Special use review according to the requirements of this chapter will be required when such activities occur in wetland buffers.

(c) New utility corridors shall not be allowed when the regulated wetland or buffer has known locations of federal or state listed endangered, threatened or sensitive species, heron rookeries or nesting sites of raptors which are listed as state candidate or state monitor, except in those circumstances where an approved habitat management plan indicates that the utility corridor will not significantly impact the wetland or wetland buffer.

(d) New utility corridor construction and maintenance shall protect the regulated wetland and buffer environment by utilizing the following methods:

(i) New utility corridors shall be aligned when possible to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet), measured on the uphill side.

(ii) New utility corridors shall be revegetated with appropriate native vegetation at preconstruction densities or greater, immediately upon completion of construction, or as soon thereafter as possible, if due to seasonal growing constraints. The utility shall ensure that such vegetation survives.

(iii) Any additional utility corridor access for maintenance shall be provided as much as possible at specific points, rather than by parallel roads. If parallel roads are necessary, they shall be of a minimum width but no greater than 15 feet; and shall be contiguous to the location of the utility corridor on the side away from the wetland. Mitigation will be required for any additional access through restoration of vegetation in disturbed areas.

(iv) The department may require other additional mitigation measures.

(e) Utility corridor maintenance shall include the following measures to protect the regulated wetland and buffer environment:

(i) Where feasible, painting of utility equipment such as power towers shall not be sprayed or sandblasted, nor should lead-based paints be used.

(ii) No pesticides, herbicides or fertilizers may be used in wetland areas or their buffers except those approved by the EPA and Ecology. Where approved, herbicides must be applied by a licensed applicator in accordance with the safe application practices on the label. Within wetlands, the applicator must be licensed to use aquatic herbicides.’

(f) For utility work in wetlands or in-water, it shall be the applicant’s responsibility to obtain all necessary state and federal approvals before beginning work.

20.162.060 Special use review. Development identified as a special use review in Table 20.162.050 may be approved, approved with conditions, or denied according to the procedures and criteria outlined in this section and per the process identified in Subtitle II of this Title. Special use review is an administrative process unless the underlying permit requires a public hearing. The department is authorized to take action on permits as required by this section.

(1) The department may approve a permit after review of the application and a wetland mitigation plan submitted in accordance with this chapter. The department shall determine whether the use or activity cannot be avoided because no reasonable or practicable alternative exists, the proposed use is consistent with the spirit and intent of the provisions of the critical areas ordinance and it will not cause adverse impacts to the wetland or the wetland buffer which cannot be mitigated. In taking action to approve a special use review, the department may attach reasonable conditions as necessary to minimize impacts, rectify impacts or compensate for impacts to the wetland or wetland buffer.

(2) The department shall deny a special use review request when it finds that the proposed use or activity is inconsistent with the provisions of the critical areas ordinance and/or will cause adverse impacts to the wetland or wetland buffer, which cannot be adequately mitigated and/or avoided.

(3) Special use review determinations are appealable to the hearing examiner pursuant to Chapter 20.24.150 POMC (appeals).

20.162.062 Application requirements. (1) Application Procedures for New Development. Any new development containing a regulated wetland or its buffer, or within 200 feet of a regulated wetland or its buffer, shall provide the following special reports, as required by the department, prior to any development authorization by the city. If an environmentally sensitive area is within 200 feet of the parcel but not on the parcel, every effort should be made to obtain the required information. The department may require additional reports or information to further identify potential impacts to any part of the environment:

(a) Wetland report;

(b) Wetland mitigation plan; and

(c) Erosion and sedimentation control measures and/or a site development activity permit as required by the city’s stormwater management regulations.

20.162.064 Determination of wetland boundaries. (1) The determination of the wetland edge or boundary shall be done in accordance with the delineation methodology specified in the Washington State Wetlands Identification and Delineation Manual, acceptable to the city or Washington State Department of Ecology approved federal wetland delineation manual and applicable regional supplements. All areas within the City meeting the wetland designation criteria as determined by that procedure are designated as critical areas and are subject to the provisions and regulations of this chapter.

(2) The applicant shall be responsible for hiring a qualified wetland specialist to determine the wetland boundaries through a field survey. This specialist shall stake or flag the wetland boundary. For all new development, as required by the department, this line shall be surveyed by a professional land surveyor licensed in the state of Washington. The regulated wetland boundary and regulated wetland buffer shall be identified on all grading, landscaping, site, on-site septic system designs (BSAs), utility or other development plans submitted in support of the project.

(3) The department may perform a delineation of a wetland boundary on parcels where no more than one single-family dwelling unit is allowed.

(4) Where the applicant has provided a delineation of a wetland boundary, the department may verify the wetland boundary at the cost of the applicant and may request that adjustments to the boundary be made by a wetland specialist.

20.162.066 Wetland mitigation requirements. (1) Mitigation Sequence. Projects permitted under this chapter will be reviewed in accordance with the mitigation sequencing requirement in Chapter 20.162.100 POMC and the requirements of Article XII of this chapter.

(2) Scope of Compensatory Mitigation. Compensatory mitigation shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater biologic functions. In making a determination of the extent to which mitigation shall be required, the department will consider all of the following:

(b) The short- and long-term adverse impacts of the action upon the wetland and associated ecosystem, and the potential for repair of the impairment or loss;

(c) The category, size, and location of the wetland altered, and the effect it may have upon the surrounding system, watershed or wetland;

(e) The likely success of the possible mitigation measures.

(3) Wetland mitigation bank or in-lieu fee program. The city may approve mitigation banking or in-lieu fee mitigation as a form of compensatory mitigation for wetland impacts when the provisions of this chapter require mitigation and when the use of a mitigation bank or in-lieu fee program will provide equivalent or greater replacement of wetland functions and values when compared to conventional permittee-responsible mitigation. Mitigation banks and in-lieu fee programs shall only be used when it can be demonstrated that they provide significant ecological benefits, including long-term conservation of critical areas, important species, habitats, or habitat linkages, and when they are documented to provide a viable alternative to the piecemeal mitigation for individual project impacts to achieve ecosystem-based conservation goals. Mitigation banks and in-lieu fee programs shall not be used unless they are certified in accordance with applicable federal and state mitigation rules, with approval from the Department of Ecology and the US Army Corps of Engineers, and expressly authorized through city legislative action.

(24) Mitigation Plan Requirements. Any applicant required to perform compensatory wetland mitigation as a condition of approval for a development project shall submit a wetlands mitigation plan to the department in accordance with Chapter 20.162.170 POMC. Compensatory mitigation plans shall be consistent with Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans – Version 1 (Ecology Publication No. 06-06-011b or as revised), and Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Ecology Publication No. 09-06-32), and with amended Appendix 8-C to Wetlands in Washington State Volume 2 – Protecting and Managing Wetlands (Ecology Publication 05-06-008 or as revised.

(5) On-Site Compensatory Mitigation – General Requirements. Compensatory mitigation shall be required for projects in regulated wetlands and buffers when alteration of the wetland or buffer results in a loss to either wetland or buffer. For exceptions to this requirement see Chapter 20.162.100 POMC. The following requirements apply to compensatory mitigation plans:

(a) Any person who alters wetlands, such that they require compensatory mitigation, shall restore or enhance equivalent areas or greater areas of those wetlands in order to compensate for the loss according to the requirements of this chapter.

(b) Where feasible, restored or enhanced wetlands shall be a higher category than the altered wetland.

(c) Compensation areas shall be determined according to function, size, type, location, time factors, ability to be self-sustaining and likelihood of mitigation success. Wetland functions shall be determined by a qualified wetland specialist using the best available information and technology.

(d) Compensation (mitigation) plans shall be completed and approved by the department prior to wetland alteration. Compensation shall be completed concurrent with the development activity unless a delay of the compensation project will reduce adverse impacts to the wetlands or improve the likelihood of success.

(e) Construction of compensation projects shall be timed to reduce adverse impacts to the wetlands. Grading and related earthwork should normally be limited to the period between May 1st

and September 30th. Planting of vegetation shall be specifically timed to the needs of these plants. This may require the construction of the compensation area over several seasons.

(f) Areas that are used for compensatory mitigation must be protected from development and degradation. The applicant shall provide for long-term preservation of the compensation area through such protective mechanisms as conservation easements, critical area tracts, deed restrictions, or dedication to a local jurisdiction or a private or public land trust.

(g) The applicant shall demonstrate sufficient scientific expertise, supervisory and financial ability to fully implement the compensation measures. A performance bond, assignment of savings, or other like security will be required by the department in an amount necessary to provide for future site monitoring and possible corrective action required for compensatory mitigation projects. This bond, assignment of savings, or the security will be released after successful completion of the approved performance standards at the end of the required monitoring period.

(h) Site Selection. Compensation sites shall be selected in the following order of preference:

(i) Restoring and/or rehabilitating previously filled or altered wetlands to their original or near-original condition.

(ii) Creating wetlands on disturbed upland sites. This should only be attempted when there is a consistent source of hydrology and it can be shown that the surface and subsurface hydrologic regime is conductive to the wetland community that is being restored.

(iii) Enhancing significantly degraded wetlands in combination with restoration or creation.

(6) Wetland Replacement Ratios. The following ratios, as well as consideration of the factors listed in this section, and Table 20.162.060, shall be used to determine the appropriate amounts of restored, rehabilitated, created, or enhanced wetland that will be required to replace impacted wetlands. The first number specifies the amount of wetland area requiring replacement and the second specifies the amount of wetland area altered.

Table 20.162.060: Wetland Replacement Ratios

Category and

Type of Impact

Wetland

Restoration or

Creation Rehabilitation Enhancement Only

Category I:

Bog,

Natural

Heritage

site

Not considered

possible Case-by-case Case-by-case

Category I:

Mature

forested

6:1 12:1 24:1

Category I:

(All Others) 4:1 8:1 16:1

Category II 3:1 6:1 12:1

Category III 2:1 4:1 8:1

Category IV 1.5:1 3:1 6:1

(a) Open water may be enhanced by replacing structures that may have been removed in the past (large woody material, rocks, reefs, etc.).

(b) The department may increase the ratios based on one or more of the following:

(i) The probable success of the proposed restoration or enhancement;

(ii) The period of time between destruction and replication of wetland functions;

(iii) Projected losses in functions and value;

(iv) Replacement as a result of an illegal action.

(7) Alternative Mitigation Ratios. The department may approved different mitigation ratios when the applicant proposes a combination of wetland creation, restoration, rehabilitation, and/or enhancement, provided that federal and state resource agencies approve the mitigation plan and the plan achieves no net loss of wetland functions and values. Mitigation requirements may also be determined using the credit/debit tool described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report (Ecology Publication No. 10-06-011, or as revised) if approved by the director.

(8) Off-Site Compensatory Mitigation.

(a) The use of certified wetland mitigation banks and in-lieu fee programs is preferred over permittee-responsible mitigation, if the wetland alteration falls within the service area of an existing bank or in-lieu fee program.

(a) The department may allow non-mitigation bank or in-lieu fee off-site compensation mitigation if mitigation bank or in-lieu fee credits are not available; on-site compensation is not scientifically feasible due to natural conditions; is not practical due to potentially adverse impacts from existing surrounding land uses; or proposed functions at the site of the proposed restoration are greater than the lost wetland functions.

(b) Off-site compensation will occur within an area where mitigation success is most likely and where there will be significant improvement to the water resource.

(c) Off-site compensation will occur in the same watershed (drainage basin) which is adversely impacted.

(d) Off-site mitigation will be accomplished through the purchase of credit in an established mitigation bank and/or other sites approved by the department.

(9) Monitoring Requirements. The city shall require monitoring reports on an annual basis for a minimum of five years, or until the department determines that the mitigation project has achieved success. Certain types of wetland communities, such as scrub-shrub or forested wetland, require additional time for establishment and may require monitoring for ten or more years depending on the site-specific circumstances and the scope of the mitigation project. The wetlands mitigation plan shall provide specific criteria for monitoring the mitigation project. Criteria shall be project-specific and a scientifically acceptable means to aid the department in evaluating whether or not the project has achieved success according to the wetland mitigation performance standards in this chapter.

20.162.028 Incentives for wetlands protection. The city of Port Orchard recognizes that property owners wish to gain economic benefits from their land. The city encourages such mechanisms as the open space tax program, conservation easements and donations to land trusts, in order to provide taxation relief upon compliance with the regulations in the provisions of the critical areas ordinance.

ARTICLE IV

FISH AND WILDLIFE HABITAT CONSERVATION AREAS

Sections: 20.162.068 Purpose. 20.162.070 Fish and wildlife habitat conservation area categories classification. 20.162.072 Development standards. 20.162.068 Purpose. This chapter applies to all regulated uses included in the critical areas ordinance, or uses within 200 feet of areas designated as fish and wildlife habitat conservation areas, as categorized in POMC 20.162.029. The intent of this section is to:

(1) Preserve natural flood control, stormwater storage and drainage or stream flow patterns;

(2) Control siltation, protect nutrient reserves and maintain stream flows and stream quality for fish and marine shellfish;

(3) Prevent turbidity and pollution of streams and fish or shellfish bearing waters;

(4) Preserve and protect habitat adequate to support viable populations of native wildlife in both the city and Kitsap County; and

(5) Encourage nonregulatory methods of habitat retention whenever practical, through education, and the open space tax program.

20.162.070 Fish and wildlife habitat conservation area categories classification. The following categories shall be used in classifying fish and wildlife habitat conservation areas. Fish and wildlife habitat conservation areas that are located within the City’s shoreline jurisdiction according to the City’s Shoreline Master Program are regulated through the provisions of this chapter.:

(1) Streams. All streams which meet the criteria for Type S/1, F/2, Np/3, Ns/4 and 5 waters as set forth in the DNR Water Rating System (See Table 20.162.030).

(2) Saltwater Shorelines, and Lakes 20 Acres and Greater in Surface Area. Those saltwater shorelines and lakes defined as shorelines of the state in the Shoreline Management Act of 1971 and the city’s shoreline master program, as now or hereafter amended. Shorelines include: Type 1 waters as set forth in WAC 222-16-030 (DNR Water Rating System), as now or hereafter amended; commercial and recreational shellfish areas; kelp and eelgrass beds; and herring and smelt spawning areas.

(3) Lakes Less Than 20 Acres in Surface Area. Those lakes which meet the criteria for Type 2, 3, 4 and 5 waters as set forth in WAC 222-16-030, as now or hereafter amended. This includes lakes and ponds less than 20 acres in surface area and their submerged aquatic beds, and lakes and ponds planted with game fish by a governmental or tribal authority.

(4) Wildlife Conservation Areas.

(a) Class I Wildlife Conservation Areas.

(i) Habitats recognized by federal or state agencies for federal and/or state listed endangered, threatened and sensitive species documented in maps or databases available to Kitsap County

and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.

(ii) Areas targeted for preservation by the federal, state and/or local government which provide fish and wildlife habitat benefits, such as important waterfowl areas identified by the U.S. Fish and Wildlife Service.

(iii) Areas that contain habitats and species of local importance.

(b) Class II Wildlife Conservation Areas.

(i) Habitats for state listed candidate and monitored species documented in maps or data bases available to Kitsap County and its citizens, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term.

(ii) Habitats which include attributes such as comparatively high wildlife density; high wildlife species richness; significant wildlife breeding habitat, seasonal ranges or movement corridors of limited availability and/or high vulnerability. These habitats may include caves, cliffs, islands, meadows, old-growth/mature forest, snag-rich areas, talus slopes, and urban natural open space.

20.162.072 Development standards.

Those regulated uses identified below within designated fish and wildlife habitat conservation areas shall comply with the performance standards outlined in this section. Potential Impacts to fish and wildlife habitat conservation areas or their buffers shall be appropriately identified and mitigated consistent with Article XII of this chapter.:

(1) Buffers and Building Setbacks. Buffers or setbacks shall be maintained along the perimeter of fish and wildlife habitat conservation areas, as listed in Table 20.162.030. Distances shall be measured from the ordinary high water mark (OHM) or from the top of the bank where the OHM cannot be identified. Buffers shall be retained in their natural condition. It is acceptable, however, to enhance the buffer by planting indigenous vegetation, as approved by the department. Alteration of buffer areas may be allowed for water-dependent and water-related activities subject to subsection (4) of this section, and for development authorized by POMC 20.162.009, Reasonable use exception, POMC 20.162.005, General exemptions, POMC 20.162.007, Standards for existing development, or POMC 120.162.008, Variances. The buffer width shall be increased to include streamside wetlands which provide overflow storage for storm waters, feed water back to the stream during low flows or provide shelter and food for fish. In braided channels, the ordinary high water mark or top of bank shall be defined so as to include the entire stream feature. Refuse shall not be placed in buffers.

CATEGORY BUFFER WIDTH STANDARD

MINIMUM BUILDING SETBACK

OTHER DEVELOPMENT STANDARDS

Streams

Water Type

For minor new development the department may reduce the buffer width by up to 25% through an administrative buffer reduction process when review with the Washington State Department of Fish and Wildlife determines that conditions are sufficient to protect the affected habitat. The buffer shall not be less than 25 feet. Where applicable, refer to the development standards in this Chapter. Where such features occur on a site, the more restrictive buffer or building setback will apply.

S 200 feet 15 feet beyond buffer

F 150 feet 15 feet beyond buffer

Np 50 feet 15 feet beyond buffer

Ns 50 feet 15 feet beyond buffer

Saltwater Shorelines, Lakes – 20 Acres and Greater (Defined as Type 1 Waters of the State) as Regulated by the Port Orchard Shoreline Management Plan

Shoreline Designation

For minor new development, an administrative building setback reduction may be allowed but the setback shall not be less than 25 feet. Where applicable, refer to the development standards in this Chapter. Where such features occur on a site, the more restrictive buffer or building setback will apply.

Urban, Urban Maritime, Downtown Upland

None 25 feet

Rural None 35 feet

Conservancy None* 50 feet

Natural 100 feet 15 feet beyond buffer

*The buffer width for all major new development shall be 100 feet, with a 15-foot minimum building setback.

Lakes – Less Than 20 Acres (Non-Type 1 Waters of the State)

Zoning Designation

Where applicable, refer to the development standards in this Chapter. Where such features occur on a site, the more restrictive buffer or building setback will apply. Community

Facilities None 50 feet

Commercial, Mixed Use

None 50 feet

Employment None 50 feet

Greenbelt, Residential

None 35 feet

Wildlife Habitat Conservation Areas

Class I Buffer widths and setbacks will be determined through mandatory habitat plan.

Class II Site-specific conditions will determine the need for the preparation of a habitat plan for buffer widths and setbacks.

ARTICLE V

GEOLOGICALLY HAZARDOUS AREAS

Sections: 20.162.074 Purpose. 20.162.076 Geologically hazardous area categories. 20.162.078 Development standards.

20.162.074 Purpose. This chapter applies to all regulated uses included in the critical areas ordinance within 200 feet of areas designated as geologically hazardous areas, as categorized in POMC 20.162.032. The intent of this chapter is to:

(1) Provide standards to protect human life and property from potential risks;

(2) Control erosion, siltation, and water quality to protect fish and marine shellfish;

(3) Provide controls to minimize shoreline erosion caused by human activity;

(4) Use innovative site planning by placing geologically hazardous areas and buffers in open space and transferring density to more suitable areas on the site.

20.162.076 Geologically hazardous area categories. The following categories shall be used in classifying geologically hazardous areas:

(1) Geologically Hazardous Areas.

(a) Areas with slopes greater than 30 percent and mapped by the Coastal Zone Atlas or Quaternary Geology and Stratigraphy of Kitsap County as unstable (U), unstable old land slides (UOS) or unstable recent slides (URS).

(b) Areas with slopes greater than 30 percent in grade and deemed by a qualified geologist or geotechnical engineer to meet the criteria of U, UOS, or URS.

(2) Areas of Geologic Concern.

(a) Areas designated U, UOS, or URS in the Coastal Zone Atlas or Quaternary Geology and Stratigraphy of Kitsap County, with slopes less than 30 percent; or areas found by a qualified geologist to meet the criteria for U, URS, and UOS with slopes less than 30 percent; or

(b) Slopes identified as intermediate (I) in the Coastal Zone Atlas or Quaternary Geology and Stratigraphy of Kitsap County, or areas found by a qualified geologist to meet the criteria of I; or

(c) Slopes 15 percent or greater, not classified as I, U, UOS, or URS, with soils classified by the Natural Resources Conservation Service as “highly erodible” or “potentially highly erodible”; or

(d) Slopes of 15 percent or greater with springs or groundwater seepage not identified in subsections (2)(a), (b), or (c) of this section; or

(e) Seismic areas subject to liquefaction from earthquakes (seismic hazard areas) such as hydric soils as identified by the Natural Resources Conservation Service, and areas that have been filled to make a site more suitable. Seismic areas may include former wetlands, which have been covered with fill.

(3) Site-Specific Determination – Geological and Geotechnical Report Provisions. Should the applicant question the information the city must rely on to determine whether a location contains a geologically hazardous area or area of geologic concern, the city may ask the applicant to submit the appropriate geotechnical or geologic report to confirm or modify the existing information known about the area. The requirements for these reports are contained in Articles VIII and X of this Chapter.

The intent of this provision is to allow obviously nongeologically hazardous sites to be determined as such. Where there is any ambiguity about the potential for geologic hazards whatsoever, the department will require a geotechnical or geological report, rather than make a nongeologically hazardous determination.

20.162.078 Development standards. This chapter applies to all regulated uses in this Chapter or within 200 feet of areas designated as geologically hazardous or areas of concern. Permit applications include submittals for clearing, grading and building on property containing geologically hazardous areas. Submittal documents prepared by a licensed engineer may also be required by the department, pursuant to the city’s stormwater regulations.

(1) Geologically Hazardous Areas and Areas of Geologic Concern.

(a) Approval. Where applicable the department will approve, approve with conditions or deny the development proposal based on the department’s evaluation of specific site conditions. The department will also consider any proposed mitigation measures included in a geotechnical report, if one is submitted.

(b) Public Works Requirements. The applicant shall submit a site development permit application to the department. The application and supporting documents shall be completed by a professional engineer licensed in the state of Washington. The submittal documents shall be determined on a site-specific basis. The documents may include any combination of, but not be limited to, construction plans, details and specifications for clearing, grading, erosion and sedimentation control, and stormwater drainage and detailed hydrological, geotechnical, soils, and drainage reports and analyses.

(c) Minimum Buffer Requirement. The buffer for all geologically hazardous areas and areas of geologic concern shall include native vegetation from the toe of the slope to 25 feet beyond the top of the slope unless otherwise allowed through a geological report or a site-specific determination.

(d) Building/Impervious Surface Setback Requirements.

(i) Geologically Hazardous Areas. The minimum building and impervious surface setback from the top of slope shall be equal to the height of the slope (1:1 horizontal to vertical) plus the greater of one-third of the vertical slope height or 25 feet.

(ii) Areas of Geologic Concern. A minimum 40-foot building and impervious surface setback shall be maintained from the top of slope. As required in subsection (1)(c) of this section, the 25 feet adjacent to the top of the slope shall be retained as a native vegetation buffer, with an additional minimum 15-foot building and impervious surface setback. The department may decrease the setback when such a setback would result in a greater than 1:1 slope setback or as may be allowed through a geological report or a site-specific determination.

(iii) Toe of Slope Building Setback. A geotechnical report may be required for any new construction within 200 feet of a geologically hazardous area. The department will make a

determination based on slope height and stability indicators. Where slope hazard indicators are not identified, the requirements of the International Building Code Section 1805 or Section R403 will apply.

(e) Buffer and Building Setback Modifications – Report Recommendations. The minimum native vegetation buffer and/or building setback requirement may be decreased if a geotechnical report demonstrates that a lesser distance, through design and engineering solutions, will adequately protect both the proposed development and the erosion hazard and/or landslide hazard area (see Articles VIII and X of this Chapter for geological and geotechnical report requirements). Should the geotechnical report indicate that a greater buffer and/or building setback is required than specified in this section, the greater buffer and/or building setback shall be required. The department may determine through a site visit, a special report or mapping, that an increased buffer and/or building setback is required from the critical area.

(f) Time Limitations. For major new development, and where required for minor new development, clearing, and grading, shall be limited to the period between May 1st to October 1st, unless the applicant provides an erosion and sedimentation control plan prepared by a professional engineer licensed in the state of Washington that specifically and realistically identifies methods of erosion control for wet weather conditions.

(g) Field Marking Requirements. For major new development, the proposed clearing for the project and all critical area buffers shall be marked in the field for inspection and approval by the department prior to beginning work. Field marking requirements for minor new development will be determined on a case-by-case basis by the department. The field marking of all buffers shall remain in place until construction is completed and final approval is granted by the department. Permanent marking may be required as determined necessary to protect critical areas or their buffers.

(h) Cut and Fill Slopes. The faces of all cut and fill slopes shall be protected to prevent erosion as required by the engineered erosion and sedimentation control plan.

(i) Development Impact Standards. All discharge of runoff from the development site shall be of like quality, flow rate, and velocity as that which flowed from the site prior to development. In addition, all stormwater flows shall be accepted onto, and shall be discharged from, the development site at the natural or otherwise legally existing locations. The proposed development shall not decrease the slope stability of any area within 200 feet of the property boundary.

(j) Development Risk Standard. In cases where a special report indicates a significant risk to public health, safety and welfare, the department shall deny or require revision of the site development proposal.

(k) Additional Clearing Standards.

(i) Only the clearing necessary to install temporary erosion control measures will be allowed prior to the clearing for roads and utilities construction.

(ii) Clearing for roads and utilities shall be the minimum necessary and shall remain within marked construction limits.

(iii) Clearing for overhead power lines shall be the minimum necessary for construction and will provide the required minimum clearances of the serving utility.

(l) Existing Logging Roads. Where existing logging roads occur in geologically hazardous areas or areas of geologic concern, a geological or geotechnical report may be required prior to use as a temporary haul road or permanent access road under a conversion or COHP forest practices application.

(m) Clustering Requirements. The department may require clustering to increase protection to geologically hazardous areas or areas of geologic concern.

(n) Vegetation Enhancement. The department may require enhancement of buffer vegetation to increase protection to geologically hazardous areas or areas of geologic concern.

(o) Seismic Hazard Area Development Standards.

(i) Proposed new development within a seismic hazard area shall be in accordance with the Uniform Building Code (UBC) Earthquake Design Standards for Seismic Risk Zone 3 of Washington State.

(ii) Applicants for public and commercial building proposals within seismic hazard areas shall submit a geotechnical report addressing any fill or grading that has occurred on the subject parcel. Any fill placed for such development shall have documented construction monitoring as required by the International Building Code.

(iii) All major new development in seismic hazard areas shall require a geotechnical report. Minor new development may also require a geotechnical report, as determined by the department.

(iv) The development proposal may be approved, approved with conditions or denied based on the department’s evaluation of the proposed mitigation measures to reduce seismic risk.

(2) Prohibitions.

(a) Critical facilities, as defined in Article II of this Chapter, are prohibited in geologically hazardous areas.

(b) In geologically hazardous areas with slopes greater than 80 percent, no development will be allowed either on or within the defined buffer area, unless approved by the department after review of a geotechnical report. The defined buffer zone for geologically hazardous areas is defined in subsection (1)(d) of this section.

(c) On-site sewage disposal should be avoided in geologically hazardous areas and their buffers. In cases where such areas cannot be avoided, review by a geologist or a geotechnical engineer licensed in the state of Washington will be required in coordination with the Bremerton-Kitsap County health district.

ARTICLE VI

FREQUENTLY FLOODED AREAS

Sections: 20.162.080 Purpose and requirements. 20.162.080 Purpose and requirements. The purpose of this chapter is to protect the public health, safety and welfare from harm caused by flooding. It is also the intent to prevent damage and/or loss to both public and private property. Pursuant to this purpose, the city uses Chapter 15.38 POMC, Flood Damage Prevention, adopted by reference, which designates special flood hazard areas and establishes permit requirements for these areas. In addition, the Kitsap County GIS database for critical drainage areas of the stormwater management regulations will be included for areas of review under frequently flooded areas.

ARTICLE VII

CRITICAL AQUIFER RECHARGE AREAS

Sections: 20.162.082 Purpose. 20.162.084 Critical aquifer recharge area categories. 20.162.086 Development standards.

20.162.082 Purpose. The intent of this chapter is to provide water quality protection associated with aquifer recharge areas through the regulation of land use activities that pose a potential contaminant threat or could increase the vulnerability of the aquifer. It is the policy of the city to accomplish the following:

(1) Identify, preserve and protect aquifer recharge areas and prevent degradation of the quality of potable groundwater;

(2) Recognize the relationship between surface and groundwater resources; and

(3) Balance competing needs for water while preserving essential natural functions/processes.

20.162.084 Critical aquifer recharge area categories. A critical aquifer recharge area is a geographical area which provides the recharge to an aquifer(s) which is a current or potential potable water source and, due to its geological properties, is highly susceptible to the introduction of pollutants, or because of special circumstances, has been designated as a critical aquifer recharge area in accordance with WAC 365-190-080 by the city. Critical aquifer recharge areas under this chapter may be established based on general criteria or specifically designated due to special circumstances.

(1) Category I – Critical Aquifer Recharge Areas. The following general criterion is established to designate critical aquifer recharge areas: wellhead protection zones around Group A water system supply wells:

(a) Areas inside the one-year time of travel zone for Group A water system wells, calculated in accordance with the Washington State Well Head Protection Program.

(b) Five-year time of travel zones in wellhead protection areas are included as critical aquifer recharge areas under the following condition: The five-year time of travel zone is included when the well draws its water from an aquifer that is at or above sea level and is overlain by permeable soils listed in subsection (2)(a) of this section without an underlying protective impermeable layer (see below).

(2) Category II – Aquifer Recharge Areas of Concern. Areas which provide recharge to aquifers that provide current or potential potable water supplies and are vulnerable to contamination, and meet any one of the following general criteria:

(a) Highly Permeable Soils – Locations Where Surface Soil Layers Are Highly Permeable. Soils that have relatively high permeability and high infiltration potential may provide for groundwater recharge, but also may enhance transfer of contaminants from the surface to groundwater. For

these reasons the locations where surface soils are highly permeable are considered aquifer recharge areas of concern.

The general location and characteristics of soils in Kitsap County and the city is given in the Soil Survey of Kitsap County by the U.S. Department of Agriculture, Natural Resources Conservation Service (SCS). The soil survey information is available on the Kitsap County geographic information system (GIS). The following soil types are considered to have relatively high permeability and are aquifer recharge areas of concern.

The following soils have relatively high infiltration:

SCS Soil Name SCS Soil Map Units

Grove 11, 12, 13

Indianola 18, 19, 20, 21

Neilton 34, 35, 36

Norma 37, 38

Poulsbo/Ragnar 41, 42, 43, 44, 45, 46, 47

(b) Areas Above Shallow Principal Aquifers. Surface areas above shallow principal aquifer(s) which are not separated from the underlying aquifers by an impermeable layer that provides adequate protections to preclude the proposed land use from contaminating the shallow aquifer(s) below are considered aquifer recharge areas of concern. This generally includes principal aquifers in subsurface hydrogeologic units Og1, Og1a, Og2 and portions of Og3 that are within 300 feet of the ground surface.

20.162.086 Development standards. Standards for development shall be in accordance with the provisions below and the requirements of the underlying zoning:

(1) A hydrogeological report will be required on sites that have been identified as having characteristics with high infiltration rates, or having a high aquifer recharge or infiltration potential for land uses identified in Table 20.162.030, unless determined unnecessary upon coordination with agencies with jurisdiction (Bremerton-Kitsap County health district and/or affected water purveyors). This evaluation shall apply to impacts on both groundwater and surface water, as it relates to recharge areas (see requirements in Article VIII of this Chapter, Special Reports).

(2) Affected water purveyors will be notified and requested to comment during the preliminary phases of the city’s review process on the proposed land use and potential impacts. The purveyor may recommend appropriate mitigation to reduce potential impacts. The department will consider these recommendations to develop appropriate permit conditions.

(3) This section shall not affect any right to use or appropriate water as allowed under state or federal law. In addition, these requirements do not apply to those activities which have potential contaminant sources below threshold amounts as set forth in applicable state RCWs or local regulations.

In addition to the general standards above, the following will apply:

(a) Category I – Critical Aquifer Recharge Areas. Land uses identified in Table 20.162.030 are prohibited in critical aquifer recharge areas. Requests for waivers shall include a hydrogeological

report, which includes a detailed risk-benefit analysis that considers credible, worst-case scenarios. The waiver will be evaluated and treated as a special use review, similar to the process in the POMC 20.162.070, by the review department, the health district, and the affected water purveyors.

(b) Category II – Aquifer Recharge Areas of Concern. Applicants proposing operations that pose a potential threat to groundwater as defined in Table 20.162.030 in aquifer recharge areas of concern may be required to submit a hydrogeological report. The scope of the report shall be based on site-specific conditions. The need for additional information will be determined by the department, the health district and the affected water purveyor. Based on the results of the report, controls, mitigation, and/or other requirements will be established as a prerequisite for the development proposal being approved.

(c) The department will also notify the health district and affected water purveyors through the environmental review process when those development activities listed in Table 20.162.030 are proposed outside the areas designated critical aquifer recharge areas and aquifer recharge areas of concern.

Table 20.162.030: Operations with Potential Threat to Groundwater

A. Above and below ground storage tanks

1. Hazardous and industrial waste treatment

2. Hazardous and industrial waste storage

3. Hazardous material storage

B. Animal feedlots

C. Commercial operations

*1. Gas stations/service stations/truck terminals

2. Petroleum distributors/storage

*3. Auto body repair shops/rust proofers

4. Auto chemical supply stores/retailers

*5. Truck, automobile, and combustion engine repair shops

*6. Dry cleaners

*7. Photo processors

*8. Auto washes

*9. Laundromats

*10. Beauty salons

11. Research or chemical testing laboratories which handle significant quantities of hazardous materials

12. Food processors/meat packers/slaughter houses

13. Airport-maintenance/fueling operation areas

14. Junk and salvage yards

15. Storing or processing manure, feed, or other agriculture by-products by commercially permitted businesses

*16. Large scale storage or use of pesticides, insecticides, herbicides, or fertilizer by commercial or agricultural operations

D. Deep injection wells

1. Wastewater disposal wells

2. Oil and gas activity disposal wells

3. Mineral extraction disposal wells

E. De-icing salts storage piles

F. Industrial operations

*1. Furniture strippers/painters/finishers

2. Concrete/asphalt/tar/coal companies

3. Industrial manufacturers: chemicals, pesticides/herbicides, paper, leather products, textiles, rubber, plastic/fiberglass, silicone/glass,

pharmaceuticals, electrical equipment

4. Metal platers/heat treaters/smelters/ annealers/descalers

5. Wood preserves

6. Chemical reclamation facilities

*7. Boat refinishers

G. Land application

1. Wastewater application (spray irrigation)

2. Wastewater byproduct (sludge) application

3. Petroleum refining waste application

4. Hazardous waste applications

H. Landfills

1. Industrial hazardous and nonhazardous landfill

2. Municipal sanitary landfill

I. Material transfer operations

1. Hazardous and industrial waste transfers

2. Hazardous material transfers

J. Materials stockpiles

K. Mining and mine drainage

L. On-site septic systems

(LOSS category) of greater than 14,500 G.P.D. capacity without pretreatment

M. Pipelines

1. Hazardous and industrial waste transfer

2. Hazardous material transfer

N. Radioactive disposal sites

O. Sand and gravel mining operations

*P. Marina

*If not on a sewer system with a treatment plant.

ARTICLE VIII

SPECIAL REPORTS

Sections: 20.162.088 Purpose. 20.162.090 When required. 20.162.092 Special reports – Responsibility for completion. 20.162.094 Qualifications of professionals. 20.162.096 Wetland report/wetland mitigation plan.

20.162.088 Purpose. The following special reports may be required to provide environmental information and to present proposed strategies for maintaining, protecting and/or mitigating critical areas:

(1) Wetland report/wetland mitigation plan;

(2) Habitat management plan;

(3) Geotechnical report/geological report;

(4) Hydrogeological report.

20.162.090 When required. Special reports shall be submitted by the applicant and approved by the department for regulated uses when required by this chapter for the protection of a critical area. Refer to specific critical area protection standards when special reports are required.

20.162.092 Special reports – Responsibility for completion. The applicant shall pay for or reimburse the city for the costs incurred in the preparation of special reports or tests and for the costs incurred by the city to engage technical consultants or staff for review and interpretation of data and findings submitted by or on behalf of the applicant. The applicant shall pay permit fees or technical assistance fees as required by the city. In such circumstances where a conflict in the findings of a special report and the findings of the city in review of the special report exists, the applicant or affected party may appeal such decisions of the city pursuant to the appeal procedures as provided in this Title.

20.162.094 Qualifications of professionals. Any special report prepared by a professional as described in this Article shall include his or her resume, or other list of qualifications, to aid the department in assessing these qualifications.

20.162.096 Wetland report/wetland mitigation plan. (1) Wetland Delineation Report. A wetland report shall include, but not necessarily be limited to, the following:

(a) Vicinity map;

(b) When available, a copy of a National Wetland Inventory Map (U.S. Fish and Wildlife Service) and/or a wetland inventory map, as approved by the city, identifying the wetlands on or within 200 feet of the site;

(c) A site map setting forth all of the following:

(i) Surveyed wetland boundaries based upon delineation by a wetland specialist;

(ii) Site boundary property lines and roads;

(iii) Internal property lines, right-of-way, easements, etc.;

(iv) Existing physical features of the site including buildings, fences, and other structures, roads, parking lots, utilities, water bodies, etc.;

(v) Contours at the smallest readily available intervals, preferably at two-foot intervals;

(vi) Hydrologic mapping showing patterns of surface water movement and known subsurface water movement into, through, and out of the site area.

(vii) Location of all test holes and vegetation sample sites, numbered to correspond with flagging in the field and field data sheets.

(viii) The department may require an air photo with overlays displaying the site boundaries and wetland delineation;

(d) A report which includes the following:

(i) Location information (legal description, parcel number and address);

(ii) Delineation report. The wetland boundaries on the site established by the delineation shall be staked and flagged in the field. If the wetland extends outside the site, the delineation report shall discuss all wetland areas within 150 feet of the site, but need only delineate those wetland boundaries within the site;

(iii) General site conditions including topography, acreage, and surface areas of all wetlands identified in the Kitsap County wetland atlas and water bodies within one-quarter mile of the subject wetland(s);

(iv) Hydrological analysis, including topography, of existing surface and known significant subsurface flows into and out of the subject wetland(s);

(v) Analysis of functional values of existing wetlands, including vegetative, fauna, and hydrologic conditions;

(e) A summary of proposed activity and potential impacts to the wetland(s);

(f) Recommended wetland category, including rationale for the recommendation;

(g) Recommended buffer boundaries, including rationale for boundary locations;

(h) Site plan of proposed activity, including location of all parcels, tracts, easements, roads, structures, and other modifications to the existing site. The location of all wetlands and buffers shall be identified on the site plan.

(2) Administrative Wetland Boundary and Ranking Evaluation.

(a) An informal determination of the regulated wetland boundary and an evaluation of any unranked regulated wetland may be completed by the department for any minor new development project listed in Article II of this Chapter, unless the applicant wishes to employ a qualified wetland

biologist at the applicant’s expense, or if such a report is required by the department. Fees may be collected for this determination and evaluation.

(b) Methodology for delineation of the regulated wetland boundary shall be the plant community assessment procedure, which is described in the Washington State Wetlands Identification and Delineation Manual, March 1997, or as amended hereafter.

(c) The wetland boundary shall be field staked and this line shall be depicted on the building site plan application.

(d) The regulated wetland boundary and regulated wetland buffer shall be identified on all grading, building site, utility or other development plans submitted on the project.

(3) Wetland Mitigation Report.

(a) Whenever the department has determined that losses of regulated wetlands are necessary and unavoidable, or a review of a regulated wetland or its buffer is proposed, or an exception to uses is allowed or a variance to standards is granted, a mitigation plan shall be prepared which is considered in the following order of preference:

(i) Avoiding the impact altogether by not taking a certain action or parts of actions. This may be accomplished by selecting a reasonable alternative that does not involve wetlands or wetland impacts, applying reasonable mitigation measures, such as drainage and erosion control, alternative site planning, and/or using best available technology. In reviewing development proposals required to submit a wetlands mitigation plan, the department shall first determine if the impact can be avoided (e.g., impacts cannot be avoided if denial of the development proposal or parts thereof or mitigation measures would result in an extraordinary hardship and denial of reasonable use of property).

(ii) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. This may be accomplished by selecting a reasonable alternative that avoids most wetland impacts, applying reasonable mitigation measures, such as drainage and erosion control, alternative site planning, and/or using best available technology. In reviewing development proposals required to submit a wetland mitigation plan, the department shall determine if the impact can be first avoided and secondly minimized. Impacts cannot be avoided or minimized if denial of the development proposal or parts thereof or mitigation measures would result in an extraordinary hardship and denial of reasonable use of property.

(iii) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. This may be done by re-establishing wetland and wetland buffer characteristics on a site which have been lost by alterations or activities. Rectifying shall be accomplished in accordance with the requirements in subsection (3)(d) of this section and has been approved by the department. In reviewing development proposals required to submit a wetland mitigation plan, the department shall determine if the impact should be rectified. Impacts can be rectified if mitigation measures would not result in an extraordinary hardship and denial of reasonable use of the property.

(iv) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments. This may be done by intentionally creating wetlands and wetland buffers at another location where none currently exist, improving existing wetlands and wetland buffers

at another location, or otherwise providing a substitute wetland resource at another location as compensation for any unavoidable adverse wetland impacts. Compensating shall be accomplished in accordance with a mitigation plan, which has been prepared in accordance with the requirements in subsection (3)(d) of this section and has been approved by the department. In reviewing development proposals required to submit a wetland mitigation plan, the department shall determine if the impact should be compensated. Impacts can be compensated if compensation and mitigation measures would not result in an extraordinary hardship and denial of reasonable use of property. Compensation of wetland impacts may be waived by the department for development authorized by POMC 20.162.009 (Reasonable use exception).

(b) The overall goal of any mitigation plan shall be no net loss of regulated wetland functions and acreage.

(c) Those persons proposing wetland compensatory projects shall show 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 by accomplishing the following:

(i) Demonstrate sufficient scientific expertise, supervisory capability, and financial resources to carry out the project; and

(ii) Demonstrate the capability for monitoring the site and for making 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.

(d) Wetland mitigation plans shall be implemented by the project applicant, and include the following components:

(i) Baseline Information. A written assessment and accompanying maps of the impacted wetland shall be produced by the applicant or applicant’s consultant and shall include, at a minimum: existing wetland acreage; vegetative, faunal and hydrologic characteristics; soil and substrate conditions; and topographic elevations.

(ii) If the compensation site is off-site from the impacted wetland site, baseline information about it, in addition to the above information about the impacted wetland, shall be provided by the applicant and shall include all those items listed in subsection (3)(d)(i) of this section and as well as: the relationship of the compensation site within the watershed and to existing water bodies; existing and proposed existing compensation site conditions; buffers; and ownership.

(iii) Environmental Goals and Objectives. The report shall identify goals and objectives and include:

(A) 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 of compensation measures, 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 of the original wetland or, if out-of-kind, the type of wetland to be emulated; and

(B) 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 groundwater supply and flow patterns; dynamics of the wetland ecosystem; sediment or pollutant influx and/or erosion; periodic flooding and drought, etc.; presence of invasive flora or fauna; potential human or animal disturbance; and previous comparable projects, if any.

(iv) Performance Standards. Specific criteria shall be provided for evaluating whether or not the goals and objectives of the mitigation plan are being achieved at various stages in the project and for beginning remedial action or contingency measures. Such criteria may include water quality standards, survival rates of planted vegetation, species abundance and diversity targets, habitat diversity indices, or other ecological, geological or hydrological criteria.

(v) Detailed Construction Plans. Written specifications and descriptions of compensation techniques shall be provided including the proposed construction sequence, grading and excavation details, erosion, sediment and stormwater recharge control features needed for wetland construction and long-term survival, a planting plan specifying plant species, quantities, locations, size, spacing, and density; the source of plant materials, propagules, or seeds; water and nutrient requirements for planting; where appropriate, measures to protect plants from predation; specification of substrate stockpiling techniques and planting instructions; descriptions of water control structures and water-level maintenance practices needed to achieve the necessary hydrocycle/hydroperiod characteristics; etc. These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. The plan shall provide for elevations which are appropriate for the desired habitat type(s) and which provide sufficient tidal prism and circulation data.

(vi) Monitoring Program. A program outlining the approach for monitoring construction of the compensation project and for assessing a completed project shall be provided. Monitoring must include sufficient information to adequately assess the progress of a project. Monitoring may include, but is not limited to:

(A) Establishing vegetation plots to track changes in plant species composition and density over time;

(B) Using photo stations to evaluate vegetation community response;

(C) Sampling surface and subsurface waters to determine pollutant loading and changes from the natural variability of background conditions (pH, nutrients, heavy metals);

(D) Measuring base flow rates and stormwater runoff to model and evaluate water quantity predictions by a licensed engineer in the state of Washington, where required;

(E) Measuring sedimentation rates, if applicable; and

(F) 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 and, at a minimum, documenting milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period of less than three years.

(vii) Contingency Plan. Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluating, indicates project performance standards are not being met.

(viii) Permit Conditions. Any compensation project prepared pursuant to this section and approved by the department shall become part of the application for the permit.

(e) Performance Bonds and Demonstration of Competence. A demonstration of financial resources, administrative, supervisory, and technical competence and scientific expertise of sufficient standing to successfully execute the compensation project shall be provided. A compensation project manager shall be named, and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. In addition, bonds ensuring fulfillment of the compensation project, monitoring program, and any contingency measure shall be posted in the amount of 150 percent of the expected cost of compensation and shall be effective for a period of no less than three years and no greater than 10 years after completion of the mitigation plan.

(f) Waiver. The department may waive portions of this report if, in his or her opinion, there is adequate information available on the site to determine its impacts and appropriate measures.

(g) List of Qualified Consultants. The department shall establish a list of qualified consultants to prepare mitigation plans.

ARTICLE IX

HABITAT MANAGEMENT PLAN

Sections: 20.162.098 Habitat management plan content. 20.162.098 Habitat management plan content. (1) This report shall identify how the development impacts from the proposed project will be mitigated. The Washington Department of Fish and Wildlife Priority Habitat and Species Management Recommendations, dated May 1991, or bald eagle protection rules outlined in WAC 232-12-292, as now or hereafter amended, may serve as guidance for this report. The recommendation in the Washington Department of Fish and Wildlife, Priority Habitat and Species Management Recommendations, dated May 1991, shall not serve as mandatory standards or policy of this chapter, until such time as the Department of Fish and Wildlife holds public hearings on the recommendations and the State Wildlife Commission endorses the recommendations following the public hearings.

(2) The habitat management plan shall contain a map prepared at an easily readable scale, showing:

(a) The location of the proposed development site;

(b) The relationship of the site to surrounding topographic features, water features, and cultural features;

(c) Proposed building locations and arrangements;

(d) A legend which includes a complete legal description, acreage of the parcel, scale, north arrows, and date of map revision.

(3) The habitat management plan shall also contain a report, which describes:

(a) The nature and intensity of the proposed development;

(b) An analysis of the effect of the proposed development, activity or land use change upon the wildlife species and habitat identified for protection; and

(c) A plan which identifies how the applicant proposes to mitigate any adverse impacts to wildlife habitats created by the proposed development. (See mitigation plan requirements, Article VIII of this Chapter.)

(4) Possible mitigation measures to be included in the report, or required by the department, could 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 areas;

(d) Seasonal restriction of construction activities; and

(e) Establishing phased development requirements and/or a timetable for periodic review of the plan.

(5) This plan shall be prepared by a person who has been educated in this field and has professional experience as a fish or wildlife biologist. Where this plan is required for the protection of an eagle habitat, the eagle habitat management plan shall normally be prepared by the Department of Wildlife, as required under the bald eagle management rules.

ARTICLE X

GEOTECHNICAL REPORT AND GEOLOGICAL REPORT

Sections: 20.162.100 Geotechnical report contents. 20.162.100 Geotechnical report contents. (1) A geotechnical report shall include a description of the site geology, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, opinions and recommendations of the adequacy of the site to be developed, the effects of groundwater interception and infiltration, seepage, potential slip planes, and changes in soil bearing strength, and the impacts of the proposed development and appropriate mitigating measures. A geotechnical report may contain information obtained with subsurface investigative measures such as test pit digging, soil boring, water well installation or Dutch Cone Penetrometer investigations. Reports containing engineering design recommendations; i.e., recommendations for foundations (loading, sizing, depth, or settlement estimates), pile or pier design, retaining structures, or recommendations for construction on slopes steeper than 30 percent, must be prepared by or in conjunction with a licensed geotechnical engineer as defined in subsection (2) of this section.

A geological report shall include the above, with the exception of engineering design recommendations, and need not make use of subsurface investigative measures. As the report will not include engineering recommendations, a geological report may be prepared by a geologist or engineering geologist as defined in subsection (2) of this section.

(2) Geotechnical reports shall be prepared by a geotechnical engineer (a civil engineer licensed by the state of Washington who is knowledgeable of regional geologic conditions and who has at least four years’ professional experience in landslide and/or seismic hazard evaluation). Geological reports may be prepared by a geologist, engineering geologist or geotechnical engineer knowledgeable in regional geologic conditions and having at least four years’ professional experience in site evaluation and development studies, and landslide and/or seismic hazard evaluation.

(3) Report recommendations for siting structures in high risk areas shall be based on existing site conditions rather than measures that have not yet been successfully approved, designed or constructed (e.g., slope recontouring, slope retaining walls, vegetation improvements, bulkheads, etc.). Shoreline bulkheads and retaining walls may only be utilized as an engineering solution where it can be demonstrated that an existing residential structure cannot be safely maintained without such measures, and that the resulting retaining wall is the minimum necessary to provide a stable building area for the structure.

ARTICLE XI

HYDROGEOLOGICAL REPORTS

Sections: 20.162.102 Hydrogeological report content. 20.162.102 Hydrogeological report content. A hydrogeological report shall be required for certain proposed operations based on a consultation with the appropriate local and state agencies. The report shall address the impact the proposed land use will have on both the quality and quantity of the water transmitted to the aquifer. The report shall also address the types of pesticides and herbicides and fertilizers that can safely be used for the care of landscaping proposed by the applicant.

(1) The report shall be submitted to the reviewing authority and address, at a minimum, the following criteria:

(a) Surficial soil type and geologic setting;

(b) Location and identification of wells within 1,000 feet of the site;

(c) Location and identification of surface water bodies and springs within 1,000 feet of the site with recharge potential;

(d) Description of underlying aquifers and aquitards, including water level, gradients and flow direction;

(e) Available surface water and groundwater quality data;

(f) Effects of the proposed development on water quality;

(g) Sampling schedules required to assure water quality;

(h) Discussion of the effects of the proposed development on the groundwater resource;

(i) Recommendations on appropriate BMPs (best management practices) or mitigation to assure no significant degradation of groundwater quality; and

(j) Other information as required by the Bremerton-Kitsap County health district.

(2) The hydrogeologic report shall be prepared by a professional geologist/hydrologist or by a soil scientist with a strong background in geology as demonstrated by course work from an accredited college or university and/or has a minimum of five years’ experience.

(3) Applications for development or operations with underground storage of petroleum products will be processed using the appropriate procedure as specified in existing state regulations and city ordinances.

(4) Analysis for a specific parcel(s), using the criteria outlined below, will be employed to determine if the soils present require a recharge area designation. Data collection will include, at a minimum: six soil logs to a depth of 10 feet (or to a depth four feet below the lowest proposed excavation point whichever is greater) for each acre in the parcel(s) being evaluated. At least one well which is 200 feet or greater in depth with an adequate drilling report must be available within one mile. The associated data

shall be analyzed and included in the hydrogeologic report to determine the presence of highly permeable soils with the recharge area designation.

For development proposals within aquifer recharge areas of concern, the hydrogeological report may be based on quarter-quarter section basis locations where the number of wells within a half-mile radius is 36 or more, and are designated aquifer recharge areas. To facilitate computer analysis, the evaluation may be done on a quarter-quarter section basis using the quarter-quarter section in which a parcel of interest is located and all the surrounding quarter-quarter sections, in place of the half-mile circle.

ARTICLE XII

MITIGATION REQUIREMENTS

Sections: 20.162.104 General mitigation requirements. 20.162.104 General mitigation requirements. Unless otherwise provided in this chapter, if alteration to a critical area or its buffer is unavoidable, all adverse impacts resulting from a development proposal or alteration shall be mitigated using the best available science so as to result in no net loss of critical area functions and values, as provided below. (A) In making a determination as to whether such a requirement will be imposed, and if so, the degree to which it would be required, the Director shall consider the following: 1. The long-term and short-term effects of the action and the reversible or irreversible nature of the impairment to or loss of the critical area; 2. The location, size, and type of and benefit provided by the original and altered critical area; 3. The effect the proposed work may have upon any remaining critical area or associated aquatic system; 4. The cost and likely success of the compensation measures in relation to the magnitude of the proposed project or violation; 5. The observed or predicted trend with regard to the gains or losses of the specific type of wetland or stream; and 6. The extent to which the applicant has demonstrated a good faith effort to incorporate measures to minimize and avoid impacts within the project. (B) Mitigation projects shall not result in adverse impacts to adjacent property owners. (C) Mitigation shall be in-kind and on-site, when possible, and sufficient to maintain the functions and values of the critical area. (D) Mitigation shall not be implemented until after permit approval of the Director and shall be in accordance with all reports and representations made therein. (E) Mitigation Sequencing. When an alteration to a critical area or its buffer is proposed, such alteration shall be avoided, minimized, or compensated for in the following order of preference. 1. Avoiding the impact altogether by not taking a certain action or parts of an action. 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. 4. Reducing or eliminating the impact over time by preservation and maintenance operations. 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments. 6. Monitoring the required mitigation and taking remedial action where necessary.

(F) Mitigation for Lost or Affected Functions. Compensatory mitigation shall address the functions affected by the proposed project or alteration to achieve functional equivalency or improvement and shall provide similar critical area or buffer functions as those lost, except when: 1. The lost critical area or buffer provides minimal functions as determined by a site-specific functional assessment, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington state watershed assessment plan or protocol; or 2. Out of kind replacement of wetland, stream or other fish and wildlife habitat type or functions will best meet watershed goals formally identified by the city, such as replacement of historically diminished critical areas. (G) Type and Location of Mitigation. Unless it is demonstrated that a higher level of ecological functioning would result from an alternative approach, compensatory mitigation for ecological functions shall be either in-kind and on-site, or in-kind and within the same stream reach, subbasin, or drift cell (if estuarine wetlands are impacted). Mitigation action shall be conducted within the same sub-drainage basin and on the site of the alteration except when all of the following apply: 1. There are no reasonable on-site or in subdrainage basin opportunities (e.g. on-site options would require elimination of high functioning upland habitat), or on-site and in subdrainage basin opportunities do not have a high likelihood of success based on a determination of the natural capacity of the site to compensate for impacts. Considerations should include: anticipated mitigation ratios for the identified critical area(s), buffer conditions and proposed widths, available water to maintain anticipated hydrogeomorphic classes of wetlands, or streams when restored, proposed flood storage capacity, potential to mitigate riparian fish and wildlife impacts (such as connectivity); 2. Off-site mitigation has a greater likelihood of providing equal or improved critical area functions than the impacted critical area; and 3. Off-site locations shall be in the same sub-drainage basin unless established watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the city and strongly justify location of mitigation at another site. (H) Wetland Mitigation Banks. 1. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: a. The bank is certified under state rules; b. The Director determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and

c. The proposed use of credits shall be consistent with terms and conditions of the bank’s certification. 2. Replacement ratios for projects using bank credits shall be consistent with replacement ratios

specified in the bank’s certification. 3. Credits from a certified wetland mitigation bank may be used to compensate for impacts located

within the service area specified in the bank’s certification. In some cases, the service area of the bank may include portions of more than one adjacent drainage basin for specific wetland functions. (I) In-Lieu Fee. To aid in the implementation of off-site mitigation, the City may develop a program which prioritizes wetland areas for use as mitigation and/or allows payment in lieu of providing mitigation on a

development site. This program shall be developed and approved through a public process and be consistent with state and federal rules. The program should address: 1. The identification of sites within the City that are suitable for use as off-site mitigation. Site suitability shall take into account wetland functions, potential for wetland degradation, and potential for urban growth and service expansion, and 2. The use of fees for mitigation on available sites that have been identified as suitable and prioritized. (J) Timing of Compensatory Mitigation. It is preferred that compensation projects will be completed prior to activities that will disturb the on-site critical area. If not completed prior to disturbance, compensatory mitigation shall be completed immediately following the disturbance and prior to the issuance of final certificate of occupancy. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora. The Director may authorize a one-time temporary delay in completing construction or installation of the compensatory mitigation when the applicant provides a written explanation from a qualified professional as to the rationale for the delay (i.e. seasonal planting requirements, fisheries window). (K) Critical Area Enhancement as Mitigation. Impacts to critical area functions may be mitigated by enhancement of existing significantly degraded critical areas, but should be used in conjunction with restoration and/or creation where possible. Applicants proposing to enhance critical areas or their buffers must include in a report how the enhancement will increase the functions of the degraded critical area or buffer and how this increase will adequately mitigate for the loss of critical area and function at the impact site. An enhancement proposal must also show whether any existing critical area functions will be reduced by the enhancement action.

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ARTICLE XIII

ATTACHMENTS

Sections: 20.162.1064 Attachments. 20.162.1064 Attachments. The purpose of the attachments is to provide supporting documentation to assist in the implementation of Chapter 20.162 POMC:

(1) Attachment A – Washington State Wetlands Rating System Categories.

(2) Attachment B – Washington State DNR Stream Rating System.

(3) Attachment C – Kitsap County’s GIS Database of Critical Areas Information.

(4) Attachment D – Site Development Figures.

(5) Attachment E – Port Orchard Critical Area and Buffer Notice.

(6) Attachment F – Kitsap County Shallow Principal Aquifer Listing.

Attachment A – Washington State Wetlands Rating System Categories

(A) Wetlands shall be rated according to the Washington Department of Ecology wetland rating system, as set forth in the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication #14-06-029, or as revised and approved by Ecology), which contains the definitions and methods for determining whether the criteria below are met.

1. Category I. Category I wetlands are: (1) relatively undisturbed estuarine wetlands larger than 1 acre; (2) wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program/DNR; (3) bogs; (4) mature and old-growth forested wetlands larger than 1 acre; (5) wetlands in coastal lagoons; (6) interdunal wetlands that score 8 or 9 habitat points and are larger than 1 acre; and (7) wetlands that perform many functions well (scoring 23 points or more). These wetlands: (1) represent unique or rare wetland types; (2) are more sensitive to disturbance than most wetlands; (3) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (4) provide a high level of functions.

2. Category II. Category II wetlands are: (1) estuarine wetlands smaller than 1 acre, or disturbed estuarine wetlands larger than 1 acre; (2) interdunal wetlands larger than 1 acre or those found in a mosaic of wetlands; or (3) wetlands with a moderately high level of functions (scoring between 20 and 22 points).

3. Category III. Category III wetlands are: (1) wetlands with a moderate level of functions (scoring between 16 and 19 points); (2) can often be adequately replaced with a well-planned mitigation project; and (3) interdunal wetlands between 0.1 and 1 acre. Wetlands scoring between 16 and 19 points generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands.

4. Category IV. Category IV wetlands have the lowest levels of functions (scoring fewer than 16 points) and are often heavily disturbed. These are wetlands that we should be able to replace, or in some cases

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to improve. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, and should be protected to some degree.

(B) Illegal modifications. Wetland rating categories shall not change due to illegal modifications made by the applicant or with the applicant’s knowledge.

This system utilizes a four-tier process. The following text includes an additional categorization system for wetlands:

(1) Category I Wetlands.

(a) Habitat for endangered or threatened fish or animal species or for potentially eradicated plant species recognized by state or federal agencies;

(b) High-quality native or regionally rare wetland communities with irreplaceable ecological functions including, but not limited to, sphagnum bogs and fens, estuarine wetlands, mature forested wetlands, or wetlands which qualify for inclusion in the Natural Heritage Information System; or

(c) Wetlands of exceptional local significance. The criteria for determining exceptional local significance shall include, but not be limited to, the following factors: rarity; high aquifer recharge function; a significant habitat or unique educational site, including but not limited to unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or consideration of other specific functional values.

(2) Category II Wetlands. These wetlands satisfy no Category I criteria and are:

(a) Wetlands with significant habitat value of 22 or more points from the state rating system; or

(b) Habitats for sensitive plant, fish or animal species recognized by federal or state agencies; or

(c) Rare wetland communities listed in subsection (1)(b) of this section (under Category I) which are not high quality; or

(d) Wetland types with significant functions, which cannot be adequately replicated through creation or restoration. These are demonstrated by the following characteristics:

(i) Significant peat systems;

(ii) Forested wetlands that have three canopy layers, excluding single species stands of red alder averaging eight inches in diameter at breast height or less; or

(iii) Significant spring-fed systems; or

(e) Wetlands with significant habitat value based on diversity and size; or

(f) Wetlands five acres or greater in size, and containing open water at any time during a normal year, and two or more subclasses of vegetation in a dispersed pattern; or

(g) Wetlands contiguous with salmonid fish-bearing water, including streams where flow is intermittent; or

(h) Wetlands with significant use by fish and wildlife.

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(3) Category III Wetlands. Wetlands that do not contain features outlined in Category I or II, but have one or more of the following features:

(a) Wetlands with a habitat value of 21 points or less from the state rating system; or

(b) Wetlands that are contiguous with a stream, river, pond, lake or marine water; or

(c) Isolated wetlands larger than one acre; or

(d) Wetlands (isolated or contiguous) that provide a critical aquifer recharge function; or

(e) Wetlands more than one-half acre that have less than 80 percent cover of hardhack, soft rush or alder at least 20 years of age; or

(f) Wetlands more than one-half acre that have less than 80 percent cover of nonnative species, including, but not limited to, reed canary grass and common pasture grasses.

(4) Category IV Wetlands. Wetlands which do not meet the criteria of a Category I, II or III wetland; and

(a) Isolated wetlands that are less than or equal to one acre in size, are hydrologically isolated, have only one wetland class, and have only one dominant plant species (greater than 80 percent area cover of monotypic vegetation); or

(b) Isolated wetlands that are less than or equal to two acres in size, are hydrologically isolated, have only one wetland class and a predominance of exotic species (greater than 90 percent area cover).

(5) Additional Categorization Standards. Portions of a Category I or II wetland may be classified as a Category II or III wetland based upon its functional characteristics if it meets the following criteria:

(a) The portion of the wetland subject to Category III distinction meets the minimum threshold of 2,500 square feet required for regulatory purposes;

(b) The portion of the wetland subject to Category II or III distinction meets the technical criteria required for a Category II or III wetland, as determined in the wetland rating system;

(c) The portion of the wetland rated lower in category that functions as a buffer for the portion of the wetland rated higher in category;

(d) The portion of the wetland rated lower in category which has a width of at least twice the required buffer width of that portion of the wetland immediately within 200 feet to it that is rated higher in category.

Attachment B – Washington State Department of Natural Resources Stream Typing System

Water Type Conversion Table

Permanent Water Typing Previous Water Typing

Type S Type 1

Type F Type 2 and 3

Type Np Type 4

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Water Type Conversion Table

Type Ns Type 5

(1) “Type S streams” are those surface waters which meet the criteria of the Washington Department of Natural Resources, WAC 222-16-030(1) as now or hereafter amended, as a Type S water and are inventoried as “shorelines of the state” under the Shoreline Management Master Program for Kitsap County, pursuant to Chapter 90.58 RCW. Type S waters contain salmonid fish habitat.

(12) “Type F streams” are those surface waters which meet the criteria of the Washington Department of Natural Resources, WAC 222-16-030(2) as now or hereafter amended, as Type F water. Type F streams contain habitat for salmonid fish, game fish and other anadromous fish.

(23) “Type Np streams” are those surface waters which meet the criteria of the Washington Department of Natural Resources, WAC 222-16-030(3) as now or hereafter amended, as Type Np water. Type Np waters do not contain fish habitat.

(34) “Type Ns streams” are those surface waters which meet the criteria of the Washington Department of Natural Resources, WAC 222-16-030(4) as now or hereafter amended, as a Type Ns water. These streams are areas of perennial or intermittent seepage, ponds, and drainage ways having short periods of spring or storm runoff. Type Ns waters do not contain fish.

Attachment C – Kitsap County GIS Database of Critical Areas Information

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KITSAP COUNTY’S GIS DATABASE OF CRITICAL AREAS INFORMATION

CRITICAL AREA* DATA SOURCE

Wetlands National Wetlands Inventory U.S. Fish and Wildlife Service

Hydric Soils, Soil Survey of Kitsap County Area, Washington

U.S. Department of Agriculture, Soil Conservation Service

Aquifers Critical Aquifer Recharge Areas Kitsap PUD #1

Aquifer Recharge Areas of Concern

Kitsap PUD #1

Principal Aquifers Kitsap PUD #1

Permeable Soils, Soil Survey of Kitsap County Area, Washington

U.S. Department of Agriculture, Soil Conservation Service

Fish and Wildlife Habitat Conservation Areas

National Wetlands Inventory U.S. Fish and Wildlife Service

Non-Game and Priority Habitat and Species Database

State Department of Fish and Wildlife

State Department of Fish and Wildlife

Commercial and Recreational Shellfish Area Inventory

State Department of Health

Waters of the State State Department of Natural Resources

Coastal Zone Atlas of Washington, Vol. Ten

State Department of Ecology

Frequently Flooded Areas Flood Insurance Rate Map Federal Emergency Management Agency

Geologically Hazardous Areas Coastal Zone Atlas of Washington, Vol. Ten

State Department of Ecology

Jerald Deeter, 1979

Quaternary Geology and Stratigraphy of Kitsap County

U.S. Department of Agriculture, Soil Conservation Service

Soil Survey of Kitsap County Area, Washington

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Attachment D – Site Development Figures

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Attachment E – City of Port Orchard Critical Area and Buffer Notice

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Return Address:

_____________________

_____________________

_____________________

CITY OF PORT ORCHARD

CRITICAL AREA AND BUFFER NOTICE

Legal Description Sec: _____ TWN: _____ RGE: _____

__________________________

Present Owner (Please Print): _________________________

__________________________

Tax Account #: _____________________________________

NOTICE: The subject property contains a critical area and/or its buffer as defined by the City of Port Orchard as Critical Area Ordinance. The property was the subject of a development proposal for ___________________________________, filed on ____________________.

(type of permit) (application)

Restrictions on use or alteration of the critical area and/or its buffer may exist due to natural conditions of the property and resulting regulations. Review of such application has provided information on the location of the critical area and/or its buffer and restrictions on their use through setback areas. A copy of the plan showing such setback areas is included in the above-referenced permit file. Any alterations to the critical area and/or its buffer shall be subject to further review for compliance with the City of Port Orchard Critical Areas Ordinance.

EXECUTED this ____ day of ____________________________, _______.

__________________________

__________________________

STATE OF WASHINGTON )

)

COUNTY OF KITSAP )

On this day personally appeared before me ____________________, to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned.

GIVEN under my hand and official seal the _____ day of ________________, _____.

NOTARY PUBLIC in and for the State of Washington,

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RESIDING AT _____________________________

Notary Seal

Attachment F – Kitsap County Shallow Principal Aquifer Listing

KITSAP COUNTY SHALLOW PRINCIPAL AQUIFER LISTING

The following is a list of shallow principal aquifers that have been designated by an overlay as “Aquifer Recharge Areas of Concern.”

Approximate Elevations

Og1a

Hansville +250

Gorst +50

North Lake (McCormick Woods) +350

Port Gamble +100

Og2

Island Lake (upper) +150

Port Gamble South -50

Wilson Creek +150

Og3

Banger (upper) +100

Clam Bay 0

Edgewater +130

Island Lake +150

Kinston (upper) -25

Poulsbo +225

Manette-Bremerton North 0

Seabeck +100

Squamish-Miller Bay 0

Yukon 0

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SHORELINE MASTER PROGRAM

2013

CITY OF PORT ORCHARD

CITY OF PORT ORCHARD

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ADOPTED BY ORDINANCE 005-13

MARCH 2013

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ACKNOWLEDGEMENTS MAYOR

Tim Matthes

CITY COUNCIL Fred Chang Jerry Childs

John Clauson Jim Colebank

Cindy Lucarelli Carolyn Powers Rob Putaansuu

PLANNING COMMISSION

Robert Baglio Stephanie Bailey

Dee Coppola Tim Drury

Gil Michael Ron Rice

Annette Stewart Rick Wyatt

SHORELINE CITIZEN ADVISORY COMMITTEE

Tim Matthes Stephanie Bailey

Michelle Marshall Beth Cottrell

Jeff White Craig Baldwin Mike Suldan Heather Cole

Paul Fritts

PORT ORCHARD PLANNING DEPARTMENT James Weaver, AICP, Development Director

Jennifer Haro, Special Projects Planner – SMP Project Manager Thomas Bonsell, Associate Planner

Stephanie Andrews, Assistant Planner – SMP GIS Mapping Ellen Ferguson – Administrative Assistant

Kathy Woodside – Code Enforcement Officer John Robinson – Building Inspector

DEPARTMENT OF ECOLOGY

Barbara Nightingale, Regional Shoreline Planner

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TABLE OF CONTENTS

CHAPTER 1: INTRODUCTION………………………………………………………………………6

1.1 Requirements of the Shoreline Management Act

1.2 Purpose and Intent of the Shoreline Master Program

1.3 Authority

1.4 Public Trust Doctrine

1.5 Governing Principles and Legislative Findings

1.6 References to Plans, Regulations, or Information Sources

1.7 Severability

1.8 Effective Date

CHAPTER 2: SCOPE AND SHORELINE JURISDICTION……………………………………….14

2.1 Applicability

2.2 Port Orchard Shoreline Jurisdiction

2.3 Relationship to Other Plans and Regulations

CHAPTER 3: SHORELINE INVENTORY SUMMARY…………………………………………….18

3.1 Introduction

3.2 Study Area

3.3 Summary of Findings

CHAPTER 4 SHORELINE ENVIRONMENTS……………………………………………………..22

4.1 Applicability

4.2 Official Shoreline Map

4.3 High-Intensity Environment

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4.4 Shoreline Residential Environment

4.5 Urban Conservancy Environment

4.6 Natural Environment

4.7 Aquatic Environment

CHAPTER 5 MASTER PROGRAM ELEMENTS GOALS AND POLICIES…………………....28

5.1 Introduction

5.2 Economic Development

5.3 Public Access

5.4 Recreation

5.5 Transportation

5.6 Shoreline Use

5.7 Conservation

5.8 Historic, Cultural, Scientific, and Educational

5.9 Flood Control

CHAPTER 6 GENERAL POLICIES AND REGULATIONS………………………………………30

6.1 Applicability

6.2 Archaeological, Historic & Cultural Resources

6.3 Ecological Protection & Critical Areas

a. Wetlands

b. Geologically Hazardous Areas

c. Critical Saltwater Habitat

d. Critical Freshwater Habitat

6.4 Flood Hazard Reduction

6.5 Public Access

6.6 Shoreline Vegetation Conservation

CHAPTER 7 SHORELINE DEVELOPMENT STANDARDS AND USE REGULATIONS……41

7.1 Shoreline Uses

7.2 Shoreline Development Matrix

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7.3 Agriculture

7.4 Aquaculture

7.5 Boat Ramps and Launches

7.6 Commercial Development

7.7 Flood Control Works and Instream Structures

7.8 Industrial and Port Development

7.9 Marinas

7.10 Moorage; Docks, Piers, and Mooring Buoys

7.11 Recreation

7.12 Residential Development

7.13 Shoreline Stabilization

7.14 Signs

7.15 Transportation

7.16 Utilities

CHAPTER 8 SHORELINE ADMINISTRATION AND PERMIT PROCEDURES………………63

8.1 Shoreline Administrator

8.2 Hearing Examiner

8.4 Shoreline Exemptions

8.5 Administrative Shoreline Substantial Development Permits

8.6 Shoreline Substantial Development Permits

8.7 Conditional Use Permits

8.8 Variances

8.9 Table of Permits and Procedures

8.10 Public Notice

8.11 Public Hearings

8.12 SEPA Review

8.13 Appeals

CHAPTER 9 EXISTING DEVELOPMENT………………………………………………………….73

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9.1 Existing Development

9.2 Existing Uses

9.3 Existing Structures

9.4 Existing Lots

CHAPTER 10 SHORELINE ENFORCEMENT AND PENALTIES…………………………….….75

10.1 Shoreline Enforcement

10.2 Penalties

10.3 Violations – Subsequent Development & Permits

10.4 Public & Private Redress

CHAPTER 11 MASTER PROGRAM REVIEW, AMENDMENTS AND ADOPTION……………77

11.1 Master Program Review

11.2 Amendments to Shoreline Master Program

11.3 Severability

11.4 Effective Date

CHAPTER 12 DEFINITIONS…………………………………………………………………………79

REFERENCES

APPENDICIES

Appendix A – Official Shoreline Maps A1: Official Port Orchard Shoreline Map A2: Shoreline Environmental Designation Maps

Appendix B – Critical Areas Ordinance (relevant portions of POMC)

Appendix C - Restoration Plan

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Appendix D - Adoption Resolution

ATTACHMENTS

1. Public Participation Plan

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CHAPTER 1: INTRODUCTION

1.1 Purpose and Intent of the Shoreline Management Act

Washington’s Shoreline Management Act (SMA) (Chapter 90.58 RCW, the Shoreline Management Act of 1971) was passed by the State Legislature in 1971 and adopted by the public in a referendum. The Act was created in response to a growing concern among residents of the state that serious and permanent damage was being to shorelines by unplanned and uncoordinated development. The goal of the Act was “to prevent the inherent harm in an uncoordinated and piecemeal development of the state’s shorelines.” While protecting shoreline resources by regulating development, the Act is also intended to provide for appropriate shoreline growth by encouraging land uses that enhance and conserve shoreline function and values. The State shoreline guidelines (WAC 173-26), updated and adopted in 2003, emphasize the protection and restoration of shoreline natural resources, and give specific guidance to local jurisdictions The guidelines refer to the protection of shoreline ecological processes (such as hydrology and sediment transport) and shoreline ecological functions (provided by water quality, vegetation, and habitat). A major concept in the protection of ecological functions is termed “no net loss.” The Washington Shoreline Management Act (SMA) has three broad policies:

Promote preferred shoreline uses: “uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state’s shorelines…”

Promote public access: “the public’s opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally.”

Protect shoreline natural resources: This includes “…the land and its vegetation and wildlife, and the water of the state and their aquatic life…”

In establishing preferred uses of the state’s shorelines, the SMA defines “water-dependent,” “water-related,” and water-enjoyment” uses. These terms are officially defined in Chapter 13 of the SMP. General descriptions and example are included below.

Water-dependent use means a use that requires direct access to the water to accomplish its primary function. It is a use, or a portion of a use, which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of the operation. Example: marina, ferry terminal, boat launch.

Water-related use means a uses that does not require direct access to the water, but provides goods or services associated with water dependent uses. A uses or portion of a

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use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location. Example: boat repair, kayak rentals.

Water-enjoyment use means a use that does not require access to the water, but is enhanced by a waterfront location. This includes uses that facilitate public access to the shoreline as a primary characteristic of the use; or uses that provide for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people. The use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Example: Restaurants, parks.

Water-oriented use means a use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses.

1.2 Purpose and Intent of the Shoreline Master Program

The primary purpose of the Act is to provide for the management and protection of the State’s shoreline resources by planning for reasonable and appropriate uses. The law provides a two-tier planning and regulatory program by the state and local government. By law, the City is responsible for the following:

Preparation of a Master Program in accordance with the policies and requirements of the Act and the State Shoreline Guidelines (WAC 173-26).

Development of a permit system in accordance with the requirements of the Act.

Further, the purposes of this Master Program are;

To carry out the responsibilities imposed on the City of Port Orchard by the Washington State Shoreline Management Act (RCW 90.58).

To promote uses and development of the Port Orchard shoreline consistent with the City of Port Orchard Comprehensive Plan while protecting and restoring environmental resources.

To promote the public health, safety, and general welfare by providing a guide and regulation for the future development of the shoreline resources of the City of Port Orchard.

1.3 Authority

Authority for enactment and administration of the Shoreline Master Program is the Shoreline Management Act of 1971, RCW 90.58, Washington’s Shoreline Management Act, RCW 90.58, was adopted in 1972. The purpose of the Act is to “prevent the inherent harm in an uncoordinated and piecemeal development of the state’s shorelines.” It has three broad policies: encourage water-dependent uses on the shoreline; protect shoreline natural resources; and, promote public access.

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The Act establishes the concepts of preferred uses and priority uses in shoreline areas. RCW 90.58.020 indicates that preferred" uses are those “which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state’s shorelines.” This section further states that priority uses include single family residences, ports, shoreline recreational uses, water dependent industrial and commercial developments and other developments that provide opportunities for the public to access the shoreline environment. To the maximum extent possible, the shorelines should be reserved for "water-oriented" uses, including "water-dependent", "water-related" and "water-enjoyment" uses, as defined in the Act.

The overarching policy is that “the public’s opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally.

RCW 90.58.020 and .100 provide goal and policy direction for the SMP, including:

Protect the natural character and the resources and ecology of the shoreline;

Increase public access and recreational opportunities;

Mitigate and restore for habitat impacts to ensure no net loss of habitat function;

Maintain the public right of navigation;

Prioritize water-dependent and single-family residential uses and development;

Coordinate shoreline management with other relevant local, state and federal regulations;

Prevent and minimize flood damage;

Protect private property rights;

Protect and restore sites with historic, cultural or educational value.

1.4 Public Trust Doctrine

The Shoreline Management Act also implements the common law Public Trust Doctrine. The Public Trust Doctrine is a legal principle derived from English Common Law. The essence of the doctrine is that the waters of the state are a public resource owned by and available to all citizens equally for the purposes of navigation, conducting commerce, fishing, recreation and similar uses and that this trust remains relevant even when the underlying land is in private ownership. The doctrine limits public and private use of tidelands and other shorelands to protect the public's right to use the waters of the state. The Public Trust Doctrine does not allow the public to trespass over privately owned uplands to access the tidelands. It does, however, protect public use of navigable water bodies below the ordinary high water mark.

1.5 Governing Principles and Legislative Findings

In the Shoreline Management Act of 1971, RCW 90.58.020, the legislature found the following: “The legislature finds that the shorelines of the state are among the most valuable and fragile of its natural resources and that there is great concern throughout the state relating to their utilization, protection, restoration, and preservation. In addition it finds that ever increasing pressures of additional uses are being placed on the shoreline necessitating increased coordination in the management and

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development of the shorelines of the state. The legislature further finds that much of the shorelines of the state and the uplands adjacent thereto are in private ownership; that unrestricted construction on the privately owned or publicly owned shorelines of the state is not in the best public interest; and therefore, coordinated planning is necessary in order to protect the public interest associated with the shorelines of the state while, at the same time, recognizing and protecting private property rights consistent with the public interest. There is, therefore, a clear and urgent demand for a planned, rational, and concerted effort, jointly performed by federal, state, and local governments, to prevent the inherent harm in an uncoordinated and piecemeal development of the state’s shorelines. It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto. The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of statewide significance. The department, in adopting guidelines for shorelines of statewide significance, and local government, in developing master programs for shorelines of statewide significance, shall give preference to uses in the following order of preference which: 1) Recognize and protect the statewide interest over local interest;

2) Preserve the natural character of the shoreline; 3) Result in long term over short term benefit; 4) Protect the resources and ecology of the shoreline; 5) Increase public access to publicly owned areas of the shorelines; 6) Increase recreational opportunities for the public in the shoreline; 7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.

In the implementation of this policy the public’s opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state’s shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single family residences and their appurtenant structures, ports, shoreline recreation uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state. Alterations of the natural condition of the shorelines and shorelands of the state shall be recognized by the department. Shorelines and shorelands of the state shall be appropriately classified and these classifications shall be revised when circumstances warrant regardless of whether the change in circumstances occurs through man-made causes or natural causes. Any areas resulting from alterations of the natural condition of the shorelines and shorelands of the state no longer meeting the definition of “shorelines of the state” shall not be subject to the provisions of chapter 90.58 RCW.

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Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public’s use of the water.

1.6 References to Plans, Regulations, or Information Sources

While the Shoreline Master Program is designed to be a stand-alone document, many other documents were referenced in the creation of this document.

A. 1973 Shoreline Master Program (Amended in 1994). This SMP was originally adopted as Kitsap County’s shoreline document. Port Orchard adopted it by reference. Changes were made in 1992, and again in 1994 that made it more specific to Port Orchard’s shoreline.

B. Critical Areas Ordinance. The City of Port Orchard POMC 18 (Ordinance 030-09, adopted December 8, 2009) provides rules, setbacks, mitigation and other regulations for geologically hazardous areas, wetlands, streams, etc. Shorelines were addressed in this update, but this Master Program overrides the regulations within shoreline jurisdiction.

C. 2008 Comprehensive Plan. The 2008 Comprehensive Plan, (Ordinance 042-08, adopted December 9, 2008) lays out a vision for the future of the City, including land use, zoning, and parks needs.

D. Blackjack Creek Comprehensive Management Plan, 1987. The Blackjack Creek Comprehensive Management Plan lays out a vision for the management and conservation of the Blackjack Creek corridor, and was utilized heavily in the creation of the Inventory and Characterization, which was part of the Shoreline Master Program update.

1.7 Severability

The Act and this Program, as adopted and amended, comprise the basic state and municipal law regulating use of shorelines in Port Orchard. In the event provisions of the Program conflict with other applicable city policies or regulations, the more restrictive shall apply. Should any section or provision of this Program be declared invalid, such decision shall not affect the validity of the Program as a whole.

1.8 Effective Date

This Program and all amendments thereto shall become effective immediately upon final approval and adoption by the Department of Ecology. Ecology approval was effective March 28, 2013.

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CHAPTER 2: SCOPE AND SHORELINE JURISDICTION

2.1 Applicability

Concepts and terms related to the City’s shoreline jurisdiction are specific to those described in RCW 90.58.030, WAC 173-26-020, WAC 173-27-030, and WAC 173-22-030. Under the SMA, the shoreline jurisdiction includes all water areas of the state, the lands underlying them, and areas that are 200 feet landward of the ordinary high water mark (OHWM) of waters that have been designated as “shorelines of statewide significance” or “shorelines of the state.” These designations we established in 1971, and are described in RCW 90.58.030. Generally, “shorelines of statewide significance” include portions of Puget Sound and other marine waterbodies, rivers west of the Cascade Mountains that have a mean annual flow of 1,000 cubic feet per second (cfs) or greater, rivers east of the Cascade Range that have a mean annual flow of 200 cfs or greater, and freshwater lakes with a surface area of 1,000 acres or more. “Shorelines of the state” are generally described as all marine shorelines and shorelines of all streams or rivers having a mean annual flow of 20 cfs or greater and lakes with a surface area greater than 20 acres. The City of Port Orchard and its associated urban growth area (UGA) contains marine shoreline, one stream, and two lakes that meet the criteria for shoreline jurisdiction. Any person or party wishing to undertake activities constituting “development” (defined in Chapter 13) within shoreline jurisdiction must conform to the Shoreline Management Act and this Master Program. All uses, even those not meeting the definition of development, are subject to the provisions and development regulations of this SMP, even if a permit is not required. This Master Program shall apply to every individual , firm, partnership, association, organization, corporation, local, state or federal governmental agency, public or municipal corporation, or any other entity which develops, owns, leases, or administers lands, wetlands or waters that fall under the jurisdiction of the Shoreline Management Act. The City shall regulate development within the shoreline jurisdiction under its general authority to regulate for the general health, safety, and welfare and its specific authority under the SMA. All uses within shoreline jurisdiction must be consistent with the policies and regulations of the Port Orchard SMP regardless of whether they require development or not. Furthermore, Shoreline Conditional Use and/or variance permits may still be required, even if a development activity is exempt from a shoreline substantial development permit. An exemption from a Shoreline Substantial Development Permit does not constitute an exemption from the policies and regulations of the Shoreline Management Act, this Master Program, or any other applicable city, state, or federal permit requirements.

WAC 173-27-140(1): No authorization to undertake use or development on shorelines of the state shall be granted by local government unless upon review the use or development is determined to be consistent with the policy and provisions of the Shoreline Management Act and the Master Program.

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2.2 Port Orchard Shoreline Jurisdiction Shorelines within the city of Port Orchard include those portions of Puget Sound lying within the city limits and all lands extending landward 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark together with any associated wetlands, river deltas, and floodways associated with tidal waters that are subject to the provision of this chapter and whose locations have been designated by the Department of Ecology. The City also contains shorelines of statewide significance (SSWS). These SSWS are the marine shorelines from extreme low tide to the middle of Sinclair Inlet, which are adjacent to unincorporated Kitsap County and the City of Bremerton limits. In accordance with the State Shoreline Management Act, the uses of SSWS are in the following order of preference:

1) Recognize and protect the statewide interest over local interest; 2) Preserve the natural character of the shoreline; 3) Result in long term over short-term benefit; 4) Protect the resources and ecology of the shoreline; 5) Increase public access to publicly owned areas of the shorelines; 6) Increase recreational opportunities for the public in the shoreline; 7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or

necessary. Additionally, Port Orchard shorelines also include Washington Department of Natural Resources Harbor Areas that are reserved for Commerce and Navigation. In addition to the marine shorelines described above, the City contains one creek, Blackjack Creek, which meets the threshold of a shoreline of the state. According to information provided by the Kitsap Public Utilities District, which has a stream flow gauge in Blackjack Creek just downstream of the confluence of Ruby Creek, the average discharge for the years 2006 to 2009 was 18 cfs. To make an even breaking point for shoreline jurisdiction the confluence with the unnamed stream that merges underneath State Route 16 was selected as the end of shoreline jurisdiction for Blackjack Creek. The estuarine portion of Ross Creek is also a regulated shoreline of the state. Due to recent annexations, the City also has portions of two lakes that qualify as shorelines of the state. Big Lake, in the extreme southwest portion of the City, is approximately 22 acres, with four of those acres within City limits. Square Lake is approximately 30 acres, with ten acres within city limits. Associated wetlands, deltas and floodways that are included in the shoreline jurisdiction are those that influence or are influenced by the regulated waters of Puget Sound. In general, a wetland is “associated” if all or a portion of the wetland falls within that area that is 200 feet from the OHWM. A wetland outside of this area may also be associated if it is in proximity to the shoreline and there is a

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demonstrated influence between the wetland and the shoreline. Such influence can include hydraulic continuity, such as surface or groundwater connection.

Figure 2.1 – City of Port Orchard Shoreline Jurisdiction

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2.3 Relationship to Other Plans and Regulations

Uses and developments regulated by this Program may also be subject to other provisions of the Port Orchard Municipal Code (POMC), the City of Port Orchard Comprehensive Plan, the Washington State Environmental Policy Act (SEPA – RCW 41.21C and WAC 197-11), and other local, state and federal laws. Project proponents are responsible for complying with all applicable laws prior to commencing any use, development or activity. Where this Program makes reference to any RCW, WAC, or other state or federal law or regulation, the most recent amendment or current edition shall apply. In the event this Program conflicts with other applicable County policies or regulations, all regulations shall apply and unless otherwise state, the more restrictive provisions shall apply.

The Port Orchard SMP refers to the City’s Comprehensive Plan, Zoning Code, Critical Areas Ordinance and other development plans and ordinances for which the SMP has relevance. Development within shoreline jurisdiction must also comply with zoning requirements, any special overlay districts, and the view protection overlay district as outlined in POMC 16. In case of conflict between the land use regulatory requirements and the SMP, the stricter requirement applies.

POMC Title 18 contains regulations for critical areas within the City, including shorelines. Once the Shoreline Master Program is adopted, the City’s critical areas regulations will no longer apply to property located within the jurisdiction governed by this program.

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CHAPTER 3: SHORELINE INVENTORY SUMMARY

3.1 Introduction

The City of Port Orchard completed its Shoreline Inventory and Characterization Report in July of 2010. The purpose was to describe existing conditions along the Port Orchard shoreline to allow development of goals, policies, and regulations for the Shoreline Master Program. That document, and reference documents included in the Appendix, provide a comprehensive analysis of ecological health and the built environment along Port Orchard’s shorelines, and serves as a baseline for measuring no net loss of shoreline ecological functions. The following are the documents that contain the most information about Port Orchard’s shorelines and were relied upon to prepare the Inventory and Characterization Report.

City of Port Orchard Comprehensive Plan (City of Port Orchard, 2008)

East Kitsap County Nearshore Habitat Assessment and Restoration Prioritization Framework Batelle Marine Sciences Laboratory, 2009)

City of Port Orchard Shoreline Resource Analysis and Inventory (Applied Environmental Sciences, 2003)

Blackjack Creek Comprehensive Management Plan for the City of Port Orchard (FishPro, 1989) Additionally, a list of other data sources are cited in Appendix F of the Shoreline Inventory and Characterization Report, which is available online at www.cityofportorchard.us or at City Hall.

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3.2 Study Area

According to the Shoreline Management Act, found in WAC 173-26, and RCW 90.58, local jurisdictions must create a Shoreline Master Program (SMP) for any “shoreline of the state.” These shorelines are generally described as all marine shorelines and shorelines of all other streams or rivers having a mean annual flow of 20 cfs (cubic feet per second) or greater and lakes with a surface area greater than 20 acres.

Within City limits, there are just over three miles of Puget Sound shoreline, over two miles of Blackjack Creek shoreline, and portions of Big Lake and Square Lake, which are over 20 acres. Additionally, in the Urban Growth Area (UGA), there are nearly three miles of Puget Sound shoreline, portions of Blackjack Creek, and a portion of the west side of Big Lake.

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3.3 Summary of Findings

3.3.1 Sinclair Inlet Shoreline

In the Inventory and Characterization document, the Sinclair Inlet shoreline was broken into eight segments. Segments 1 through 7 were within City limits, and Segment 8 was the UGA portion of the shoreline.

The Sinclair Inlet shoreline is highly urbanized and physically altered, with approximately 89 percent of the shoreline being armored. There are also State highways, City Streets, and County roads along the entire length of the shoreline, with bridges or culverts constraining the streams that run to the Inlet. Much of the road bed areas, and most development waterward of the roads were built on fill and are protected by various types of shoreline armoring. Native vegetation has been removed from much of the Sinclair Inlet shoreline as well.

Despite the altered state of the Sinclair Inlet shoreline, it is home to bald eagle perches, blue herons, and other shoreline birds. In addition, Sinclair Inlet has been designated as a nearshore refugia that includes portions of the shoreline. The refugia provides migration, foraging and rearing habitat for multiple salmonid species and other marine wildlife. The nearshore conditions also provide suitable spawning habitat for surf smelt and Pacific sand lance.

3.3.2 Blackjack Creek Shoreline

Unlike the Sinclair Inlet shoreline, the majority of the Blackjack Creek shoreline is relatively intact. The mouth of the Creek, which is also covered in Segment 7 of the Inventory and Characterization report, has been highly altered with shoreline armoring, paving, and channelization. However, just upstream, the Blackjack Creek corridor becomes nearly a wilderness area, with natural vegetation, wildlife corridors, and a healthy salmon stream.

In the Inventory and Characterization, Blackjack Creek was broken up into four segments, along lines determined in the Blackjack Creek Comprehensive Management Plan. Segment S1 is the most urbanized and altered from its natural state.

Blackjack Creek contains important habitat for several salmonid species. Fish use in the creek includes large numbers of early chum salmon, including an early-returning stock that the Washington State Department of Fish and Wildlife considers to be rare. In addition, the creek supports significant numbers of late returning chum, coho salmon, and steelhead, searun cutthroat trout, and resident cutthroat. There has also been documented use of Blackjack Creek by fall Chinook salmon.

The topography of the Blackjack Creek ravine has been a major factor in protecting the vegetation and resources of the Creek. It is extremely steep for the majority of the regulated area, and although it had been logged in the past, it has remained relatively untouched for several decades.

3.3.3 Lakes Shorelines

Due to the annexation of McCormick Woods, the City gained parts of two lakes that are big enough to qualify as a shoreline of the state, and must be included in the SMP. Square and Big Lakes are both less than 30 acres, and both share shoreline jurisdiction with Kitsap County. Neither of them are located entirely in the City.

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3.3.3.1 Square Lake

Approximately ten acres of Square Lake are located within the City of Port Orchard. The other twenty are entirely within Kitsap County jurisdiction, and are not within the UGA. There is just one property owner in the City within Square Lake jurisdiction, and the property is undeveloped.

The area around Square Lake had been historically logged, but mature forests are present , and lack of human activity (there are only two houses that touch the lake, and the rest is State Park), allow for high vegetation function.

3.3.3.2 Big Lake

Big Lake (also known as Big Pond) lies in a shallow depression west of the McCormick Woods housing development. The lake is very shallow, and is long and narrow, heading from the northeast to the southwest, and lies within City limits for four of its 22 acres. The remaining area lies within the South Kitsap UGA and unincorporated Kitsap County. There are two property owners within City shoreline jurisdiction, one of them being the McCormick Woods Homeowners Association, which maintains trails near the lake and its associated wetlands.

Big Lake is inaccessible by car or public transportation, and public access is limited to bikes and walkers who are homeowners (or guests of homeowners) in the McCormick Woods housing development.

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CHAPTER 4: SHORELINE ENVIRONMENTS

Shoreline environment designations are required by WAC 173-26-211, and are intended to serve as a tool for applying the statewide policies to local shorelines. Environment designations are assigned to reflect the type of development that has taken place over time, as well as development, or the lack of it, that should take place in the future in order to preserve ecological function.

4.1 Applicability

The City of Port Orchard classification system consists of five shoreline environments that are contained in the recommended classification system identified in WAC 173-26-211(5). The State’s Shoreline Master Program Guidelines describe the purpose of environment designations in WAC 173-26-191(1(d)). Shoreline management must address a wide range of physical conditions and development settings along shoreline areas. Effective shoreline management requires that the Shoreline Master Program prescribe different sets of environmental protection measures, allowable use provisions, and development regulations for each shoreline segment. Assigning shoreline designations, each with different policies and regulatory measures, provides a regulatory framework for environmental protection and development depending on the development and resources present in specific areas. The Port Orchard classification system consists of five shoreline environment designations consistent with the SMA (RCW 90.58), the Shoreline Master Program Guidelines (WAC 173-26), and the City of Port Orchard Comprehensive Plan. The five shoreline environments are:

High-Intensity

Shoreline Residential

Urban Conservancy

Natural

Aquatic

4.2 Official Shoreline Map

The official Shoreline Environment Designation maps can be found in Appendix A. Pursuant to RCW 90.58.040, the maps illustrate the shoreline environment designations that apply to all shorelines of the state within the City of Port Orchard’s jurisdiction. The lateral extent of the shoreline jurisdiction shall be determined for specific cases or development proposals based on the location of the ordinary high water mark (OHWM), floodway, and the presence of associated wetlands. In the event of a mapping error, the City will rely upon the boundary descriptions and the criteria in the sections below.

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4.3 High-Intensity Environment

4.3.1 Purpose The purpose of the "high-intensity" environment is to provide for high-intensity water-oriented commercial, transportation, and industrial uses while protecting existing ecological functions. 4.3.2 Management policies. a) First priority should be given to water-dependent uses. Second priority should be given to water-related and water-enjoyment uses.

b) Full utilization of existing urban areas should be achieved before further expansion of intensive development is allowed. Reasonable long-range projections of regional economic need should guide the amount of shoreline designated "high-intensity." However, consideration should be given to the potential for displacement of non-water oriented uses with water oriented uses when analyzing full utilization of urban waterfronts and before considering expansion of such areas.

Overview of Shoreline Designations from Appendix A

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c) Policies and regulations should assure no net loss of shoreline ecological functions as a result of new development. Where feasible, new development shall include environmental cleanup and restoration of the shoreline to comply with any relevant state and federal law.

d) Visual and physical public access should be required as provided for in WAC 173-26-221(4)(d).

e) Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development siting, screening and architectural standards, and maintenance of natural vegetative buffers. 4.3.3 Designation Criteria A "high-intensity" environment designation will be assigned to shoreline areas within City limits, as described by RCW 36.70A.070 if they currently support high-intensity uses related to commerce, transportation or navigation, mixed-use or multi-family residential; or are suitable and planned for high-intensity water-oriented uses.

4.4 Shoreline Residential Environment

4.4.1 Purpose The purpose of the "shoreline residential" environment is to accommodate residential development and appurtenant structures that are consistent with this chapter. A secondary purpose is to provide appropriate public access and recreational uses.

4.4.2 Management policies a) Standards for density or minimum frontage width, setbacks, lot coverage limitations,

buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality shall be set to assure no net loss of shoreline ecological functions, taking into account the environmental limitations and sensitivity of the shoreline area, and the level of infrastructure and services available.

b) Multifamily and multi-lot residential and recreational developments should provide public access and joint use for community recreational facilities.

c) Access, utilities, and public services should be available and adequate to serve existing needs and/or planned future development.

d) Commercial development should be limited to water-oriented uses, home professions, or home occupations as described in POMC 16.38, and as allowed by the underlying zoning district. 4.4.3 Designation Criteria A "shoreline residential" environment designation is assigned to shoreline areas inside city limits or the South Kitsap urban growth area, if they are predominantly single-family or multifamily residential development or are planned and platted for residential development.

4.5 Urban Conservancy Environment

4.5.1 Purpose. The purpose of the "urban conservancy" environment is to protect and restore ecological functions of open space, floodplain and other sensitive lands where they exist in urban and developed settings, while allowing a variety of compatible uses. It should be applied to those areas where most benefit the public if their existing character is maintained, but can also tolerate limited development. 4.5.2 Management policies.

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(a) Uses that preserve the natural character of the area or promote preservation of open space, floodplain or sensitive lands either directly or over the long term should be the primary allowed uses. Uses that result in restoration of ecological functions should be allowed if the use is otherwise compatible with the purpose of the environment and the setting. (b) Standards should be established for shoreline stabilization measures, vegetation conservation, water quality, and shoreline modifications within the "urban conservancy" designation. These standards should ensure that new development does not result in a net loss of shoreline ecological functions or further degrade other shoreline values. (c) Public access and public recreation objectives should be implemented whenever feasible and significant ecological impacts can be mitigated. (d) Water-oriented uses should be given priority over non-water oriented uses. For shoreline areas adjacent to commercially navigable waters, water-dependent uses should be given highest priority. 4.5.3 Designation Criteria An "urban conservancy" environment designation is assigned to shoreline areas appropriate and planned for development that is compatible with maintaining or restoring of the ecological functions of the area, that are not generally suitable for water-dependent uses, if any of the following characteristics apply: (a) They are suitable for water-related or water-enjoyment uses; (b) They are open space, flood plain or other sensitive areas that should not be more intensively developed; (c) They have potential for ecological restoration; (d) They retain important ecological functions, even though partially developed; or (e) They have the potential for development that is compatible with ecological restoration. Any shorelines that have been left undesignated shall be assigned an Urban Conservancy designation per WAC 173-26-211(2)(e).

4.6 Natural Environment

4.6.1 Purpose The purpose of the “natural” environment is to protect those shoreline areas that are relatively free of human influence or that include intact or minimally degraded shoreline functions intolerant of human influence or that include intact or minimally degraded shoreline functions intolerant of human use. These systems require that only very low intensity uses be allowed in order to maintain the ecological functions and ecosystem-wide processes. Consistent with the policies of the designation local jurisdictions should include planning for restoration of degraded shorelines within this environment. 4.6.2 Management policies Any use that would substantially degrade the ecological functions or natural character of the shoreline should not be allowed. The following new uses should not be allowed in the “natural” environment: a) Commercial Uses b) Industrial uses c) High-intensity recreational uses d) Roads, utility corridors, and parking areas that can be located outside of “natural”-designated shorelines.

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e) Single-family residential development may be allowed as a conditional use within the “natural” environment if the density and intensity of such use is limited as necessary to protect ecological functions and be consistent with the purpose of the environment. f) Commercial forestry may be allowed as a conditional use in the “natural” environment provided it meets the conditions of the State Forest Practices Act and the City of Port Orchard Critical Areas Ordinance (POMC Chapter 18) and its implementing rules and is conducted in a manner consistent with the purpose of this environment designation. g) Agricultural uses of a very low intensity nature may be consistent with the Natural Environment when such use is subject to appropriate limitations or conditions to assure that the use does not expand or alter practices in a manner inconsistent with the purpose of the designation. h) Scientific, historical, cultural, educational research uses, and low-intensity water-oriented recreational access uses may be allowed provided that no significant ecological impact on the area will result. i) New development or significant vegetation removal that would reduce the capability of vegetation to perform normal ecological functions should not be allowed. Do not allow the subdivision of property in a configuration that, to achieve its intended purpose, will require significant vegetation removal or shoreline modification that adversely impacts ecological functions. That is, each new parcel must be able to support its intended development without significant ecological impacts to the shoreline ecological functions. 4.6.3 Designation Criteria. A “natural” environment designation is assigned to most of the Blackjack Creek shoreline, within City limits, but outside of the downtown area. It is also assigned to Blackjack Creek within the South Kitsap Urban Growth Area. Areas assigned the “natural” designation contain the following characteristics: a) The shoreline is ecologically intact and therefore currently performing an important, irreplaceable function or ecosystem-wide process that would be damaged by human activity; b) The shoreline is considered to represent ecosystems and geologic types that are of particular scientific and educational interest; or c) The shoreline is unable to support new development or uses without significant adverse impacts to ecological functions or risk to human safety. d) Such shoreline areas include largely undisturbed portions of shoreline areas such as wetlands, estuaries, unstable bluffs, coastal dunes, spits, and ecologically intact shoreline habitats. Shorelines inside or outside urban growth areas may be designated as “natural.” Ecologically intact shorelines, as used here, means those shoreline areas that retain the majority of the natural shoreline functions, as evidenced by the shoreline configuration and the presence of native vegetation. Generally, but not necessarily, ecologically intact shorelines are free of structural shoreline modifications, structures, and intensive human uses.

4.7 Aquatic Environment

4.7.1 Purpose. The purpose of the "aquatic" environment is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high-water mark. 4.7.2 Management policies. (A) Allow new over-water structures only for water-dependent uses, public access, or ecological restoration.

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(B) The size of new over-water structures should be limited to the minimum necessary to support the structure's intended use. (C) In order to reduce the impacts of shoreline development and increase effective use of water resources, multiple uses of over-water facilities should be encouraged. (D) All developments and uses on navigable waters or their beds should be located and designed to minimize interference with surface navigation, to consider impacts to public views, and to allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration. (E) Uses that adversely impact the ecological functions of critical saltwater and freshwater habitats should not be allowed except where necessary to achieve the objectives of RCW 90.58.020, and then only when their impacts are mitigated according to the sequence described in WAC 173-26-201(2)(e) as necessary to assure no net loss of ecological functions. (F) Shoreline uses and modifications should be designed and managed to prevent degradation of water quality and alteration of natural hydrographic conditions. 4.7.3 Designation Criteria An "aquatic" environment designation is assigned to lands waterward of the ordinary high-water mark.

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CHAPTER 5: MASTER PROGRAM GOALS

5.1 Introduction The City of Port Orchard is required to address master program elements, as listed in RCW 98.58.100(2). The Master goal for the shorelines is as follows: To plan for shoreline uses that enhance, promote, and protect the balance between the sensitive ecology of Port Orchard’s shoreline and its urban development. 5.2 Economic Development To encourage economic development that is sensitive to the shoreline environment, is water-related or dependent, and benefits the community. Enhance Port Orchard’s appeal as a boating destination for commercial and pleasure vessels while supporting and encouraging maritime businesses, boatyards, and boat repair facilities, recognizing that Port Orchard is one of few remaining places for boat repair on the west side of Puget Sound. 5.3 Public Access Enhance public access to City shorelines and preserve views of the shoreline and water, while maintaining safety and respect for adjacent private property. Public access includes the ability of the general public to reach, touch, and enjoy the water’s edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. 5.4 Recreation Improve and maintain the publicly owned shorelines dedicated to public recreation and develop their potential for visitors and citizens while recognizing the importance of existing park, trail and recreation areas. Ensure that water-oriented recreational uses are permitted in the shoreline area when consistent with the goals, policies and regulations of this SMP. 5.5 Transportation To achieve safe, convenient, and diversified circulation systems to provide public access to the shoreline, efficient movement of people and goods, with minimum disruption to the shoreline environment and minimum conflict among shoreline uses and between shoreline users and abutting upland areas, while maintaining vital shoreline rod and ferry links. 5.6 Shoreline Use Coordinate the regulation for a variety of shoreline uses which result in long-term rather than short-term benefits. 5.7 Conservation Preserve, protect, and restore shoreline vegetation and wetlands, as practical, to optimize the support of wild, botanic, and aquatic life, as it exists today, with the goal of achieving no net loss of ecological function 5.8 Historic, Cultural, Scientific, and Educational

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Prevent the destruction or damage of any site having historic, cultural, scientific , or educational value, as identified by the appropriate authorities, including the State Office of Archaeology and Historic Preservation and affected tribes. 5.9 Flood Control To protect public and private infrastructure and property from loss and damage created by flood events.

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CHAPTER 6 - GENERAL SHORELINE MASTER PROGRAM POLICIES &

REGULATIONS

Development and use proposals may involve a number of uses and shoreline modifications and must

comply with the policies and regulations for each. Each project is reviewed for compliance with the

applicable “use” policies and regulations in this Chapter and with the applicable policies and regulations

in the applicable Chapters of this Master Program. For example, uses associated with a new marina may

include boat launches, industrial and port facilities, parking facilities, and recreational facilities.

Construction of a marina may involve numerous shoreline modifications, including dredging, dredge

spoil disposal, a jetty or breakwater, and perhaps landfill. All shoreline developments and uses must

comply with the policies and standards of this Master Program whether or not a shoreline substantial

development permit is required

The general policies are to be generally applied to all shoreline areas, without regard to environment

designation. The provisions are established in WAC 173-26-221. The policies incorporate much of the

existing Shoreline Master Program content, as well as significant incorporation of the “principles”

sections that are listed in the WAC.

Specific conditions that ensure such compliance may be attached as a condition of permit approval.

Shoreline uses specifically listed are permitted outright or eligible for consideration as a shoreline

variance or shoreline conditional use permit. However, if the use is permitted, deviations from the

minimum performance standards may be approved under a shoreline variance unless specifically stated

otherwise. The performance standards contained herein augment standards established through other

land development regulations. Where conflict arises between these and other applicable controls, the

regulations that provide more protection to the shoreline area shall apply. All provisions of this

Shoreline Master Program are enforceable provided no reasonable alternative exist, or when the

alternative would result in unreasonable and disproportionate cost to the landowner.

6.1 Applicability

The provisions in this chapter shall be applied either generally to all shoreline areas or to shoreline areas that meet the specified criteria of the provision without regard to environment designation. These provisions address certain elements as required by RCW 90.58.100(2) and implement the principles as established in WAC 173-26-186.

6.2 Archaeological and Historical Resources

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The following provisions apply to archaeological and historic resources that are either recorded at the State Historic Preservation Office and/or by local jurisdictions or have been inadvertently uncovered. Archaeological sites located both in and outside shoreline jurisdiction are subject to RCW 27.44.055 and RCW 27.56 and development or uses that may impact such sites shall comply with WAC 25-48. Management Policies

SMP-GP-1 Prevent the destruction or damage of any site having historic, cultural, scientific, or educational value, as identified by the appropriate authorities, including the state office of Archaeology and Historic Preservation and the Suquamish Tribe.

Development Regulations G-DR 1 Developers and property owners must immediately stop excavation work in the immediate vicinity and notify the local government, the Office of Archaeology and Historic Preservation and affected Indian tribes if archaeological resources are uncovered during excavation. G-DR 2 Permits issued in areas with a high probability for unrecorded archaeological resources or that are documented to contain archaeological resources may require a site inspection or evaluation by a professional archaeologist in consultation with the Washington State Department of Archaeology and Historic Preservation and the Suquamish Tribe.

6.3 Critical Areas

The shorelines in the City of Port Orchard, and the associated Urban Growth Area, are largely developed. Within shoreline jurisdiction there are many other types of critical areas that have been identified to be protected. All critical areas, including marine shorelines, have been provided with the adoption of Port Orchard Municipal Code Title 18 and 2009 update of the Port Orchard Critical Areas Ordinances. With the implementation of the critical areas policies listed below, the Port Orchard Shoreline Master Program does provide for management of critical areas, can be implemented, and is consistent with RCW 90.58.090(4) and WAC 173-26-221. a. Wetlands Management Policies

SMP-GP-2 Exhibit, at a minimum, no net loss of wetland area and function for wetlands associated with the shoreline and with Blackjack Creek and the Ross Creek estuary. SMP-GP-3 Grading, filling, draining, flooding, dredging, or mining within regulated wetland areas, including those associated with Blackjack Creek and the Ross Creek estuary,should be prohibited.

Development Regulations

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G-DR 3 All development proposals on lands containing wetlands within shoreline jurisdiction shall follow all regulations set forth in Appendix B.

b. Geologically Hazardous Areas Management Policies

SMP-GP-4 New development or the creation of new lots that would cause reasonably foreseeable risk to people or improvements over the life of the development should be prohibited. SMP-GP-5 Development that would require structural shoreline stabilization over the life of the development should be prohibited in accordance with WAC 173-26-221 (2(c)). SMP-GP-6 Structural shoreline stabilization measures will be allowed to protect existing primary residential structures and properties in conformance with WAC 173-26-221(ii).

Development Regulations

G-DR 4 All development proposals on land containing geologically hazardous areas within shoreline jurisdiction shall follow all regulations set forth in Port Orchard Municipal Code Title 18.08, Ordinance 030-09 (12/8/2009).

c. Critical Saltwater Habitats Critical saltwater habitats provide important ecological functions, and therefore require a higher level of protection. While Sinclair Inlet does not have known kelp or eelgrass beds, it does have spawning and holding areas for forage fish such as smelt and sandlance, as well as migratory routes for salmon.

Management Policies

SMP-GP-7 Development within areas identified as critical saltwater habitats for anadromous fish habitat, or eagle use and buffer, shall comply with all state and federal regulations for protection of listed species and their habitats.

SMP-GP-8 Repair and reconstruction of existing legal structures or facilities within critical saltwater habitats may be permitted, provided that identified adverse impacts shall be mitigated to encourage no net loss of ecological function.

SMP-GP-9 When development is proposed on a property that includes tidelands or submerged lands designated as critical saltwater habitat, provisions should be included in the development application that address protection, enhancement and potential restoration of habitat areas.

Development Regulations

G-DR 5 Structures, developments, and uses, including marinas, docks, piers, mooring areas, underwater parks, utilities, and shoreline modifications, may not intrude into or be built over critical saltwater habitat unless the applicant can demonstrate that the majority of the following criteria can be met:

a. An alternative alignment or location is not feasible.

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b. The project is designed to minimize its impacts on critical saltwater habitats and the shoreline environment.

c. Impacts to critical saltwater habitat functions can be mitigated to result in equal or better ecological function.

d. The facility is a public facility and is in the public interest.

G-DR 6 In areas not previously identified as critical saltwater habitat, the project proponent shall submit appropriate studies to determine whether critical saltwater habitats exist, whenever the following two conditions are applicable:

a. The proposed development, use or activity has the potential to cause significant adverse impacts to a critical saltwater habitat; and

b. The beach or saltwater area that may be directly impacted by the proposed development, use or activity is the type of environment in which a critical saltwater habitat has been demonstrated to occur.

G-DR 7 Except as a habitat improvement or restoration measure, aquatic herbicide treatments, mechanical removal of vegetation and aquatic pesticide treatments may not be used on critical saltwater habitats. Use of aquatic herbicide treatments are to be discouraged.

G-DR 8 Sand, gravel, or other materials may neither be added nor removed from critical saltwater habitats, except when part of an approved restoration project or as allowed in G-DR 5 above.

G-DR 9 New outfalls (including stormwater and treated sewer outfalls) and discharge pipes are discouraged from being located in critical saltwater habitats or areas where outfall or discharge will adversely affect critical saltwater habitats unless the applicant can show that the majority of the following can be met:

a. There is no feasible alternative location for the outfall or pipe.

b. The outfall or pipe is placed below the surface of the beach or bed of the water body.

c. The outfall discharges waterward of the subtidal zone.

d. The disturbed area will be revegetated with native plants.

e. The discharge point(s) on the outfall or discharge pipes is located so that the discharges, including nutrients in the discharge and currents, do not adversely affect critical saltwater habitats.

d. Critical Freshwater Habitats Critical freshwater habitat within Port Orchard City limits is limited to the Blackjack Creek corridor and the estuarine portion of Ross Creek. Ecological functions of streams depend upon continuity and connectivity along the shoreline and the conditions of the surrounding lands on either side of the channel. Improper stormwater, sewer, or industrial outfalls and unmanaged clearing and grading can degrade ecological functions downstream thereby altering hydrographic conditions, raising water temperatures resulting in the corridor being inhospitable to priority species and posing flood risks to human health, safety and property.

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Management Policies

SMP-GP-10 The City shall take special care when reviewing and inspecting development projects that discharge stormwater toward Blackjack Creek and the Ross Creek estuary.

SMP-GP-11 Where appropriate, the City should integrate protection of critical freshwater habitat with flood hazard reduction and other stream management provisions.

SMP-GP-12 The City should encourage, assist, and facilitate appropriate restoration projects, as appropriate.

SMP-GP-13 Realignment or rechannelization, clearing of adjacent native vegetation or large woody debris, and water withdrawals and diversion from the Blackjack Creek shoreline should be prohibited except for purposes of habitat restoration and enhancement, recreation and public access.

Development Regulations

G-DR 10 All development proposals within the Blackjack Creek shoreline jurisdiction or the Ross Creek estuary shoreline jurisdiction shall be subject to the provisions of Ordinance 09-090, adopted 2009, Fish and Wildlife Habitat Conservation Areas.

6.4 Flood Hazard Reduction

Flood hazard reduction may consist both structural and nonstructural measures. Flood hazard reduction nonstructural measures may include such measures as; setbacks, land use controls, wetland restoration, relocation of a use, and stormwater management programs. Further, flood hazard reduction may take the form of structural measures, such as dikes, levee, revetments, flood walls, channel realignment, and elevation of structures. Management Policies

SMP-GP-14 Discourage future development in flood-prone areas consistent with Port Orchard Municpal Code Section 15.38 Flood Damage Prevention.

SMP-GP-15 Discourage alterations to stream systems’ natural hydrological and geomorphological processes.

SMP-GP-16 When feasible, give preference to nonstructural flood hazard reduction measures over structural measures.

SMP-GP-17 Intend to the greatest means feasible that flood hazard protection measures do not result in a net loss of ecological functions.

SMP-GP-18 The creation of new lots that would be located entirely within the 100-year floodplain should be discouraged, consistent with Port Orchard Municipal Code Section 15.38 Flood Damage Prevention.

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SMP-GP-19 Public utility and transportation structures are allowed, provided no reasonable alternative exists, in areas where such structures currently exist, or where the alternative would result in unreasonable and disproportionate costs.

Development Regulations

G-DR-11 Proposals for new structural flood hazard reduction measures shall be required to provide scientific and engineering documentation that such measures will protect existing structures, that they are consistent with Port Orchard Municipal Code Section 15.38 Flood Damage Prevention, that nonstructural measures are not reasonable, and that impacts on ecological functions are mitigated to encourage no net loss.

6.5 Public Access

Public access includes the ability of the general public to reach, touch, and enjoy the water’s edge, to travel on waters of the state, and to view the water and the shoreline from adjacent locations. Water views are currently easily accessible to the public from waterfront roadways, including SR 166, Bay Street, and Beach Drive, which are located very close to the shoreline for the entire length of the City and the Port Orchard Urban Growth Area. Management Policies

SMP-GP-20 Promote and enhance the public interest with regard to rights to access waters held in public trust by the state while protecting private property rights and public safety.

SMP-GP-21 Protect the rights of navigation and commerce, and the space necessary for water-dependent uses.

SMP-GP-22 Protect the public’s opportunities to enjoy the physical and aesthetic qualities of the shorelines, including views of the water, to the greatest extent feasible.

SMP-GP-23 Regulate the design, construction, and operation of permitted uses in the shorelines of the state to minimize, insofar as practical, interference with the public’s use of the water.

SMP-GP-24 Continue to acquire easements and/or require construction of future segments of the Mosquito Fleet Trail.

SMP-GP-25 The City shall retain and protect existing shoreline parks, trails, and other opportunities for the public to access and enjoy the Sinclair Inlet shoreline and to view the shoreline and water views from public property and roadways.

SMP-GP-26 In compliance with WAC 173-26-221(4), or as subsequently amended, require the dedication and improvement of public access in developments for water-enjoyment, water-related, and water-dependent uses and for the subdivision of land into more than four parcels when either partially or completely within shoreline jurisdiction.

SMP-GP-27 New shoreline development or major redevelopment by public entities, including local governments, port districts, state agencies and public utility districts, shall include public

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access as part of each development project, unless such access is demonstrated to be incompatible due to reasons of safety, security or environmental impacts.

SMP-GP-28 Pursue funding and acquisition of property and easements for trails serving the shoreline, including the Mosquito Fleet Trail and the Blackjack Creek Wilderness Trail.

SMP-GP-29 The City shall not vacate any public right-of-way that abuts or connects to shorelines, unless the use of such right-of-way for shoreline access is determined to present a public health or safety risk that would prevent such use for access.

SMP-GP-30 Public access and use improvements are encouraged to result in no net loss of ecological function.

SMP-GP-31 The City should encourage conversion into water-enjoyment, public access, or recreational uses of the Department of Natural Resource owned portion of the waterfront parking area within the downtown.

Development Regulations

G-DR-12 Alternatives to on-site, physical access to the shoreline may be approved if the applicant can demonstrate to the satisfaction of the City that shoreline access is infeasible. Alternatives may include, but are not limited to: a. Publicly accessible rooftop decks.

b. Off-site public access, such as improvement to a nearby street end, an offsite viewpoint, or a trail system, purchase of land or an easement at a location appropriate for future access improvements.

c. A payment in lieu agreement with the City in accordance with RCW 82.02.020. G-DR-13 When required, public access sites shall be fully developed and available for public use at the time of occupancy or use of the development or activity, except where the City determines an appropriate mechanism such as development agreement for delayed public access implementation is necessary for practical reasons. G-DR-14 Where deemed necessary to protect ecological functions and ensure no net loss, the easement may encourage a buffer of native vegetation between the OHWM and the public access walkway. G-DR-15 Public access easements and permit conditions shall be recorded in an appropriate manner with the Kitsap County Auditor’s Office. G-DR-16 If Public access hours are to be limited for access easements, they must be approved by the City Council and are required to include signage installed by the applicant and posted on the site. G-DR-17 Public access sites are encouraged to be connected directly to the nearest public area (e.g. street, public park, or adjoining public access easement). Where connections are not currently possible, the site shall be designed to accommodate logical future connections. G-DR-18 Public access sites shall be made barrier free for the physically disabled, where feasible, and designed consistent with the Americans with Disabilities Act.

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G-DR-19 Public access landscape design, when required shall use predominantly native vegetation (60 percent or greater), particularly saline tolerant plant species. Landscape buffers may be incorporated where desirable to provide public/private space separation. G-DR-20 Natural elements such as logs, rocks, shrubs, trees, and elevation separations are encouraged as a means to define the separation between public and private space. G-DR-21 New multi-family residential development bordering public space designed for shoreline access shall be clearly delineated from adjacent public pathways to provide a visual privacy separation between uses. A grade separation may be a means of delineation and would not be required on the upland side of a development. G-DR-22 The City may require the installation of benches, bicycle racks, pet waste, garbage and recycling receptacles, educational signage, and other street furniture at shoreline public access points commensurate with the degree of project impact. Where required,

a. Benches shall be set back from a walkway or path so that the path is not encumbered when the benches are in use. Benches shall be at least 4 feet in length. b. Provisions for maintenance will be encouraged to be required as a condition of permit approval.

6.6 Shoreline Vegetation Conservation

The City of Port Orchard’s Sinclair Inlet shoreline has been historically heavily developed. A result of the historical maritime, transportation, and industrial use of the Sinclair Inlet waterfront has resulted in very little native vegetation existing or being preserved. The Blackjack Creek shoreline, however, has remained in a mostly natural state. Shoreline vegetation has been determined to provide shade necessary to maintain cool temperatures required by salmonids, provides food for fish in the form of insects, stabilizes banks, minimizes erosion, and reduces the occurrence of landslides. Vegetation also provides critical wildlife habitat, including migration corridors and feeding, watering, rearing, and refugia areas.

Management Policies

SMP-GP-32 The City shall endeavor to provide standards and regulations that provide no net loss of ecological function.

SMP-GP-33 Native vegetation should be preserved to the greatest extent feasible while providing for the removal of noxious weeds and vegetation that poses a risk to property, or safety or ecological function. SMP-GP-34 Introduction of invasive non-native plants and noxious weeks shall be discouraged.

Development Regulations

G-DR-23 Existing native shoreline vegetation in an Aquatic Environment or within a shoreline buffer, should be preserved and protected, with limited exceptions for water dependent, water enjoyment, public recreation and public access uses, maintenance of public views, and

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“reasonable use” on undeveloped parcels located entirely or primarily within the shoreline buffer.

G-DR-24 Land within shoreline and critical buffer areas extending from marine ordinary high water mark, shall be considered vegetation conservation areas. Native shoreline vegetation that has not been otherwise disturbed by legal means shall be preserved to the maximum extent feasible within the vegetation conservation area consistent with safe construction practices, and other provisions of this chapter. Native trees and shrubs shall be preserved, the maximum extent feasible, to maintain and provide shoreline ecological functions such as habitat, shade, and slope stabilization.

G-DR-25 In all cases where clearing is followed by revegetation, native plants shall be preferred. Lawns are discouraged due to their limited erosion control value, limited water retention capacity and associated chemical and fertilizer applications. Non-native plants are to be discouraged.

G-DR-26 The following minimum standards for shoreline and critical area vegetation conservation shall apply:

a. No more than 15 percent of the area with native shoreline vegetation shall be cleared within the vegetation conservation area, without mitigation.

b. All native trees in the vegetation conservation area over 18 inches in diameter at breast height shall be retained. Trees determined by the City to be hazardous or diseased may be removed. Replacement of non-native vegetation with native species shall be done in a manner that will not leave soil bare or vulnerable to erosion.

c. The Shoreline Administrator may allow removal of vegetation exceeding that described above where an applicant agrees to replacement plantings and a mitigation plan.

G-DR-27 All clearing and grading activities shall be limited to the minimum necessary for the permitted development.

G-DR-28 Exposed soils shall be immediately developed or revegetated to prevent erosion.

G-DR-29 Revegetation must be planted such that complete coverage of exposed soils is attained within one growing season.

G-DR-30 Clearing and grading within required shoreline setbacks shall only be permitted upon approval of a detailed landscape plan for revegetation. (The Shoreline Administrator may waive this requirement when potential impacts to shoreline resources are insignificant). The landscape plan shall include:

a. A map illustrating the distribution of existing plant communities in the area proposed for landscaping. The map must be accompanied by a description of the vegetative condition of the site, including plant species, plant density, any natural or man-made disturbances, overhanging vegetation, and the functions served by the existing plan community (e.g., fish and wildlife habitat values, slope stabilization).

b. If applicable, a description of the intertidal shade conditions created by existing vegetation. This description shall include an inventory of overhanging vegetation as well as a determination of how much shade is created in the intertidal zone by standing trees, during midday at midsummer.

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c. A detailed landscape map indicating which areas will be preserved and which will be cleared, including tree removal.

d. Drawings illustrating the proposed landscape scheme, including the type, distribution, and density of plants. Any pathways or nonvegetated portions should be noted.

e. A description of any vegetation introduced for the purposes of fish and wildlife habitat. Significant loss of wildlife habitat shall be mitigated in accordance with Chapter 6 of this master program. If on-site mitigation is not no possible, off-site mitigation shall be permitted at a minimum replacement ratio of one-to-one (1:1 habitat lost to habitat replaced).

The revegetation landscaping required by this regulation shall meet the following standards:

f. At the time of planting, shrubs must be at least eighteen (18) inches high. Shrubs should be planted such that within two years the shrubs will cover at least sixty percent (60%) of the area that would be covered when the shrubs have attained a mature size. At the time of planting, deciduous trees must be at least two (2) inches in caliper as measured one (1) foot above grade, and coniferous trees must be at least five (5) feet in height.

g. The applicant may be required to install and implement an irrigation system to ensure survival of vegetation planted. For remote areas lacking access to a water system, an alternative method (e.g., hand watering) may be approved.

h. For a period of two (2) years after initial planting, the applicant shall replace any unhealthy or dead vegetation planted as part of an approved landscape plan. For a minimum of five (5) years after initial planting, the applicant shall mechanically remove any invasive vegetation. The use of herbicides will not be allowed in the control of invasive vegetation.

G-DR-31 Stabilization of exposed erosional surfaces along shorelines shall, whenever feasible, utilize soil bioengineering techniques.

G-DR-32 All shoreline development and activity shall use effect measures to minimize increases in surface water runoff that may result from clearing and grading activity. The applicant must implement best management practices (BMPs) for clearing, grading and erosion control under the City’s engineering design standards, and must obtain a site development permit from the City’s Public Works Department.

G-DR-33 The City may require a performance bond as a condition of permit approval, to ensure compliance with this Master Program.

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CHAPTER 7 - SHORELINE DEVELOPMENT STANDARDS AND USE

REGULATIONS

The shoreline uses that are addressed below are outlined and required in WAC 173-26-241 and have

been correlated with the existing uses provided with the City of Port Orchard 1994 Shoreline Program

(SMP) adoption. The provisions apply to specific common uses and types of development that may

occur within shoreline jurisdiction. This section also includes a matrix outlining which uses are allowed

in particular shoreline environments. The changes include a new shoreline environment, Shoreline

Residential, and proposed allowed uses, as illustrated in the chart below. An additional change from

the 1994 SMP is that the Urban designation, Urban Maritime designation, and Downtown Upland

designation were combined into the High-Intensity Designation. Please note, shoreline use and

development determined by the Department and classified by the Administrator is regulated under one

or more of the following applicable sections.

7.1 Shoreline Use

The provisions in this Appendix A for shoreline use and development shall be applied either generally to all shoreline areas or to shoreline areas that meet the specified criteria of the provision without regard to environment designation. These provisions address certain principles as established in WAC 173-26-241. (x = not permitted, p = permitted, a = administrative review, c = conditional use permit)

SHORELINE USE CATEGORIES

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Agriculture x p a p n/a

Aquaculture – floating n/a n/a n/a n/a c

Boating Facilities – public or marinas x c p c p

Boat launches x c p p c

Commercial – water-dependent x c p c c

Commercial – water-related x c p c c

Commercial – non-water oriented x x p a x

Float Plane Facilities x x p c c

Flood Control Management x c c p c

Forest Practices x c p p n/a

Industrial – water-dependent x c p p c

Industrial – water-related x x p x x

Industrial – non-water oriented x x p x x

Mining x x c c c

Parking (Accessory) c c p p x

Parking (Primary-including commercial Paid) x x p c x

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SHORELINE USE CATEGORIES

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Recreation – water-dependent p p p p c

Recreation – water-related p p p p c

Recreation – non-water oriented c c p p c

Residential – single-family p p p p x

Residential – multi-family x c p a x

Land Subdivision c c p p c

Transportation facilities – water-dependent c c p c c

Transportation facilities – water-related c c p c c

Transportation facilities – non-water related c c c c c

Transportation facilities – trails/boardwalks p p p p c

Utilities – above ground distribution poles a p p p c

Utilities – underground a p p p c

Utilities – cellular towers c c c c c

(x = not permitted, p = permitted, a = administrative review, c = conditional use permit)

7.2 Shoreline Development Standards Matrix

DEVELOPMENT STANDARDS SETBACKS AND HEIGHT REQUIREMENTS

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Agriculture

Cultivation / Grazing setback x 100 100 100 x

Building Setback x 100 50 50 x

Height limits (See underlying zoning Code or overlay districts – POMC Chapter 16)

Aquaculture

Water-dependent setback x 0 0 0 0

Water-related setback x 50 25 35 x

Height limits:

Upland (See underlying zoning Code or overlay districts – POMC Chapter 16)

Over-water x x x x 15

Boating Facilities & Boat Launches

Water-dependent setback 0 0 0 0 0

Building setback x 50 25 25 n/a

Height limits:1

1 Height limits are subject to zoning and overlay district regulations found in Title 16

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DEVELOPMENT STANDARDS SETBACKS AND HEIGHT REQUIREMENTS

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Upland (See underlying zoning Code or overlay districts – POMC Chapter 16)

Overwater structures x x x x 30

Commercial Development

Water-dependent setback x 0 0 x 0

Water-related setback x 100 25 x 0

Non-water oriented setback x x 75 x x

Building height limit (See POMC Ch. 16)

Forest Practices

Setback x 100 n/a 75 n/a

Industrial Development

Building Setbacks:

Water-dependent x x 0 x 0

Water-related x x 50 x x

Non-water oriented x x 100 x x

Height Limits (See POMC Ch. 16)

Parking

Accessory 150 100 10 10 x

Primary x 100 25 0 x

Recreational Development

Water-dependent n/a 0 0 0 0

Water-related/oriented 10 10 0 0 x

Non-water oriented (unless specified below) 100 75 25 25 x

Access Roads, restrooms, & accessory buildings x 100 25 25 x

Parking Areas x 50 10 0 x

Golf Courses or sports fields x 200 100 100 x

Trails, boardwalks, or overlooks 0 0 0 0 0

Residential Development2

Single-family setbacks – building setback 150 100 x 25 x

Single-family setbacks – accessory use setback (patios, decks, etc.) 100 50 x 15 x

2 to 4 dwelling units – building setback x x 40 50 x

2 to 4 dwelling units – accessory use setback x x 20 25 x

2 If a public road lies between a proposed residential use and the shoreline, the regular front yard zoning setbacks shall apply

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DEVELOPMENT STANDARDS SETBACKS AND HEIGHT REQUIREMENTS

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Transportation

Arterials, Highways, Railroads x 200 50 50 x

Multi-use trails, paths x 0 0 0 0

Secondary/Access Roads x 100 50 50 x

Utilities

Buildings, transmission line, tower setbacks 200 100 50 75 0

Distribution pole height limit 36 36 36 36 x

Cellular tower height limit x 100 100 x x

(x = not permitted, p = permitted, a = administrative review, c = conditional use permit)

7.3 Agriculture

Although agricultural activity is limited within the City of Port Orchard, SMP guidelines require development of policies and regulations for agricultural use. Management Policies

SMP-SU-1 For purposes of this section, the terms agricultural activities, agricultural products, equipment and facilities and agricultural land shall be defined as provided in WAC 173-26-020.

SMP-SU-2 Agricultural activities should not have a negative impact on water quality or destruction of vegetation.

SMP-SU-3 Agricultural uses and development in support of agricultural uses should be conducted in such a manner as to assure no net loss of shoreline ecological functions and processes and avoid substantial adverse impacts on other shoreline resources and values.

Development Regulations

SU-DR-1 Agriculture uses may only be permitted in the Shoreline Residential, High Intensity, and Urban Conservancy environments, and shall be limited to those agricultural uses permitted in the underlying zoning regulations.

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SU-DR-2 Shoreline waters shall not be used for livestock watering, and shall be fenced or otherwise blocked to prohibit livestock access. SU-DR-3 A buffer of native vegetation may be established and maintained between areas used for cultivation or grazing and adjacent water bodies and wetlands. The buffer should not be less than 20 feet wide, and shall be sufficiently enhanced to retard runoff, reduce sedimentation, and provide riparian habitat. Buffers shall include fencing to prevent encroachment. SU-DR-4 Application of commercial pesticides within 100 feet of a shoreline is prohibited. SU-DR-5 Pesticides shall be used, handled, and disposed of in accordance with provisions of the Washington State Pesticide Application Act (RCW 17.21) and the Washington State Pesticide Act (RCW 15.57) to prevent contamination and sanitation problems. SU-DR-6 Livestock waste shall be disposed in a manner that will prevent surface or groundwater contamination.

7.4 Aquaculture

Sinclair Inlet has historically been limited regarding the harvest of shellfish and/or aquaculture, due to heavy historical industrial and military use and the resulting water quality concerns. There are significant industrialized harbors and military areas, and significant requirements for clear navigation of naval vessels, which may preclude the use of large-scale aquacultural facilities within Sinclair Inlet. Regarding any proposed aquaculture facilities, WAC 173-26-241(3)(b) outlines the development of goals and policies within the SMP document. Management Policies

SMP-SU-4 Aquaculture in areas where it is demonstrated to result in a net loss of ecological functions, proven to adversely impacts eelgrass and macroalgae, or significantly conflicts with navigation and other water-dependent uses, should be prohibited.

Development Regulations

SU-DR-7 Shellfish seeding/culturing when conducted for native population recovery in accordance to government approved requirements, may be permitted.

7.5 Boating Facilities

Boating facilities include both public and private marinas, boat ramps, haulout, launching and infrastructure required to support watercraft, and are vitally important to maintaining public access to the water. Public boating facilities and public boating provisions within private facilities are supported throughout the shoreline. Management Policies

SMP-SU-5 Boating facilities should be located only at sites with suitable environmental conditions, shoreline configuration, access, and neighboring uses.

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SMP-SU-6 Significantly negative aesthetic impacts of new or redeveloped boating facilities should be avoided or mitigated.

SMP-SU-7 The development of boating facilities, and associated and accessory uses, should not result in a net loss of shoreline ecological functions or other significant adverse impacts.

SMP-SU-8 New boating facilities should limit the amount of shoreline modifications to as little as possible to accommodate the permitted uses.

Development Regulations

SU-DR-8 Boat launches for Port, commercial, or public recreational uses are supported in the high-intensity environment and are conditional in the urban conservancy and shoreline residential environments. SU-DR-9 New boat launches requiring significant shoreline modifications shall be allowed only as conditional uses due to their potentially significant impacts to the shoreline environment. SU-DR-10 Hand launch sites where improvements are limited to installation of signage and improvements valued at $5000 or less shall be exempt from a Shoreline Substantial Development Permit. SU-DR-11 Reconstruction of an existing launch is permitted and supported. SU-DR-12 Boat launches and ancillary facilities shall be located, designed, constructed and operated as to: a. Minimize adverse affects to fish, shellfish, wildlife, water quality and existing geohydraulic shoreline and stream processes. b. Provide adequate on-shore facilities for waste-disposal, parking, and restrooms. c. Be compatible with adjacent uses.

d. Should endeavor to avoid negative aesthetic impacts. SU-DR-13 Associated docks and floats shall conform to the applicable policies and performance standards of this Master Program. SU-DR-14 Associated parking and loading areas shall: a. Provide adequate off-road parking and loading areas

b. Facilitate orderly launching and retrieval of boats, as well as the movement of vehicles and trailers in the launching area

c. Be located away from the immediate water’s edge and beaches as much as practicable. d. Be designed in a manner that surface runoff does not pollute adjacent waters or cause soil or beach erosion.

7.6 Commercial Development

Management Policies

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SMP-SU-9 Commercial Use provisions of the Shoreline Master Program are intended to be consistent with Comprehensive Plan, zoning, overlay districts, and other development regulations within the City.

SMP-SU-10 Preference shall be given to water-dependent commercial uses over nonwater-dependent uses.

SMP-SU-11 Commercial properties should ensure visual compatibility with adjacent non-commercial properties.

SMP-SU-12 Commercial uses located in the shoreline should provide public access in accordance with constitutional or other legal limitations unless such improvements are demonstrated to be infeasible or present hazards to life and property.

SMP-SU-13 Restoration of impaired shoreline ecological functions and processes should be encouraged as part of commercial development. SMP-SU-14 Commercial development will not result in a net loss of shoreline ecological functions or have significant adverse impact to other shoreline uses, resources and values, to include navigation, recreation and public access.

Development Regulations

SU-DR-15 Projects located within the Downtown Overlay District must be consistent with regulations in POMC 16.20. SU-DR-16 Over-water construction of commercial uses is prohibited except as follows: a. The development of docks, boat launch ramps, boardwalks, marine repair facilities, or other shoreline access facilities.

b. Commercial uses of existing over-water buildings may be allowed to facilitate reuse of existing structures along the waterfront. c. Minor commercial uses that are accessory and clearly incidental to an allowed use may be provided on publicly owned docks, piers, and properties. d. Commercial uses of over-water buildings are essential to water dependent industry or use.

SU-DR-17 All commercial development or redevelopment requiring a Substantial Development or Conditional Use Permit within shoreline jurisdiction shall provide for public visual and/or physical access to the shoreline in accordance with the Public Access section of this Master Program. Properties within the Downtown Overlay District must be consistent with the Public Access section as well as any additional requirement in POMC 16.20.

7.7 Flood Control Works and Instream Structures

Management Policies

SMP-SU-14 New or expanding development or uses in the shoreline, including subdivision of land, that would likely require structural flood control works within a stream, channel migration zone, or floodway should not be allowed.

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SMP-SU-15 Flood control works and instream structures should be planned and designed to be compatible with appropriate multiple uses of stream resources over the long term, especially in shorelines of statewide significance.

SMP-SU-16 Flood control works should only be allowed in the shoreline if they are necessary to protect existing development and where non-structural flood hazard reduction measures are infeasible.

SMP-SU-17 Flood control works to protect existing development should be permitted only when the primary use being protected is consistent with this Program, and the works can be developed in a manner that is compatible with multiple use of streams and associated resources for the long term, including shoreline ecological functions, fish and wildlife management, and recreation.

Development Regulations

SU-DR-18 Flood control works shall be permitted when it is demonstrated by engineering and scientific evaluations that:

a) they are necessary to protect health/safety and/or existing development and, b) non-structural flood hazard reduction measures are not practicable.

SU-DR-19 New flood control works are prohibited on estuarine shores, on point and channel bars, and in salmon and trout spawning areas, except for the purpose of fish or wildlife habitat enhancement, restoration, or as identified in Development Regulation SU-DR-18. SU-DR-20 New structural flood control works shall be placed landward of associated wetlands, and designated habitat conservation areas, except for works that improve ecological functions, such as wetland restoration, or as identified in Development Regulation SU-DR-18. SU-DR-21 Revetments shall not be placed waterward of the OHWM except for weirs and current deflectors where necessary to protect bridges and roads. SU-DR-22 No motor vehicles, appliances, other similar structures or parts thereof; nor structure demolition debris; nor any other solid waste shall be used for flood control works. SU-DR-23 Cut-and-fill slopes and back-filled areas shall be stabilized with brush matting and buffer strips and revegetated with native grasses, shrubs, or trees to prevent loss of shoreline ecological functions and processes.

7.8 Industrial and Port Development

Management Policies

SMP-SU-18 Shoreline sites particularly suitable for development such as deep water harbors with access to adequate highway and utility systems should be reserved for water-dependent or water-related industrial and port development.

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SMP-SU-19 In order to provide adequate shoreline for future water-dependent and water-related uses, industrial or port development at deep water sites should be limited to those uses that produce the greatest long term economic base.

SMP-SU-20 Industrial and port development that is consistent with this Program should be protected from encroachment or interference by incompatible uses with less stringent siting requirements, such as residential or commercial uses.

SMP-SU-21 Mixed use development, including nonwater-dependent uses, should only be encouraged when they include and support water-dependent uses.

SMP-SU-22 Regional needs for port facilities should be carefully considered in reviewing new port proposals and in allocating shorelines for such development. Such reviews or allocations should be coordinated with port districts, adjacent counties and cities, and the State.

SMP-SU-23 Existing, officially designated State Harbor Areas should be used for new port development to the maximum extent whenever possible.

SMP-SU-24 Multiple use of industrial and port facilities is encouraged to limit duplicative facilities and reduce adverse impacts. New non-water oriented uses should be prohibited on shorelines except when: a) The use is part of a mixed-use project that includes water-dependent uses and provides a significant public benefit with respect to the Shoreline Management Act’s objectives such as providing public access and ecological restoration; or b) Navigability is severely limited at the proposed site, and the industrial use provides a significant public benefit with respect to the Shoreline Management Act’s objectives such as providing public access and ecological restoration. In areas designated for industrial use, non-water-oriented industrial uses may be allowed if the site is physically separated from the shoreline by another property or public right-of-way.

SMP-SU-25 New facilities for water-dependent uses should be considered only after assessment of the potential for shared use of existing facilities.

SMP-SU-26 Industrial and port developments shall provide opportunities for physical and/or visual public shoreline access in accordance with the public access policies, including recreational use of undeveloped shorelines not needed for port or industry operations; provided that, such uses are safely compatible with facility operations.

SMP-SU-27 Industrial and port development in the shoreline should be located and designed to avoid significant adverse impacts to other shoreline uses, resources, and values, including shoreline geomorphic processes, water quality, fish and wildlife habitat, commercial aquaculture, and the aquatic food chain.

SMP-SU-28 Restoration of impaired shoreline ecological functions and processes should be encouraged as part of industrial and port development.

Development Regulations

SU-DR-24 Over-water construction of non-water dependent industrial uses is prohibited, except as follows :

a. Development of an overwater structure for mixed use of water dependent and non-water dependent;

b. Industrial uses of existing over-water buildings may be allowed to facilitate reuse of existing structures along the waterfront

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c. Minor industrial uses that are accessory and clearly incidental to an allowed use may be provided on publicly owned docks, piers, and properties;

d. Navigability is severely limited at the proposed site, and the industrial use provides a significant public benefit with respect to the Shoreline Management Act’s objectives such as providing public access and ecological restoration.

SU-DR-25 Storage and/or disposal of industrial wastes are prohibited within shoreline jurisdiction, unless specifically listed in SU-DR-26 below. SU-DR-26 The following may be permitted as an accessory use:

a. Storage of oil, fuel, chemicals, or hazardous materials, provided that they are an accessory to the main industrial use on the property and that secondary containment and an emergency spill response plan are included in the proposal. b. Wastewater treatment and reclamation systems accessory to a permitted use, provided that alternate inland areas are unavailable and the proposed location, design and operation are compatible with existing and planned water-oriented uses.

SU-DR-27 Industrial and port facilities shall be located, designed, constructed, and operated so as to minimize impacts to shoreline resources and unnecessary interference with the right of adjacent property owners, as well as adjacent shoreline or water uses. Proposed industrial or port facilities must demonstrate conformance with the following:

a. Comply with all federal, state, regional, and local requirements regarding air and water quality. No generation of fly-ash, dust, vapors, odors, smoke or other substances shall be permitted that are harmful to health, animals, vegetation or neighboring properties. b. Adequate buffers shall be installed to protect adjacent non-industrial uses. Buffers may be used for outdoor recreation or public access if consistent with public access provisions. Buffers may not be used for storage or waste disposal. c. Industrial or port facilities shall be designed and operated to promote joint use of over-water and accessory facilities such as piers, docks, and storage, whenever practicable. d. Protect public views of harbor areas and other vistas. Private views are not expressly protected. e. A minimum 4-foot vertical separation between the storage floor surface and the highest seasonal water is required where unpaved storage areas are proposed. f. Compliance with all applicable fire safety and storage laws under South Kitsap Fire & Rescue jurisdiction. g. Exterior lighting shall be directed away from water bodies or adjacent parcels whenever practicable.

7.9 Marinas

Management Policies

SMP-SU-29 Marinas shall meet federal, state, and local standards for health, safety and welfare.

SMP-SU-30 New marinas or redevelopment projects on existing marinas, shall provide dedicated public access, particularly where water-enjoyment uses are associated with the marina.

SMP-SU-31 Impacts to shoreline resources from live-aboards should be regulated.

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SMP-SU-32 The rights of navigation shall be protected and public boating facilities are encouraged.

SMP-SU-33 Accessory uses at marinas should be limited to water-oriented uses, or uses that

provide physical or visual shoreline access for substantial numbers of the general public.

Development Regulations

SU-DR-28 New marinas and marina expansions should be located, designed, constructed, and operated so as to minimize impacts to shoreline resources and unnecessary interference with adjacent residential property owners and adjacent shoreline or water uses. Proposals for new or expanded facilities shall:

a. Located with regard to favorable conditions related to prevailing winds, currents, bathymetrics, and adequate harbor flushing. b. Comply with all federal, state, regional, and local requirements regarding water quality. c. Be generally compatible with the general aesthetic quality of the shoreline area. Provide for adequate upland support facilities. d. Provide accessory parking and loading areas. e. Facilitate orderly launching, retrieval, and storage of boats as well as circulation of vehicles and pedestrians in the vicinity of the marina. f. Marinas shall make provisions to minimize and handle accidental spills. g. Provide pump-out and on-shore sewage and waste disposal facilities.

SU-DR-29 Marinas shall provide public access in accordance with this Master Program SU-DR-30 All building materials shall be of a non-reflective material.

SU-DR-31 Individual boathouses are discouraged in new or expanded marinas. Replacement boathouses at existing marinas are supported. SU-DR-32 On state-owned aquatic lands, the number of live-aboard slips are limited to the provisions identified within WAC 332-30-171.

7.10 Moorage: Docks, Piers and Mooring Buoys

Management Policies

SMP-SU-34 Moorage associated with a single family residence is considered a water-dependent use provided that it is designed and used as a facility to access watercraft, and other moorage facilities are not available or feasible. Moorage for water-related and water enjoyment uses or shared moorage for multifamily use should be allowed as part of a mixed use development or where it provides public access.

SMP-SU-35 New moorage, excluding docks accessory to single family residences, should be permitted only when the applicant/proponent has demonstrated that a specific need exists to support the intended water-dependent or public access use.

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SMP-SU-36 Mooring buoys are preferred over docks or floats. Shared moorage facilities are preferred over single-user moorage where feasible, especially where water use conflicts exist or are predicted. New subdivisions of more than two lots and new multifamily development of more than two (2) dwelling units should provide shared moorage.

SMP-SU-37 Docks, piers and mooring buoys, including those accessory to single family residences, should avoid locations where they will adversely impact shoreline ecological functions or processes, including currents and littoral drift.

SMP-SU-38 Moorage should be spaced and oriented in a manner that minimizes hazards and obstructions to public navigation rights and corollary rights thereto such as, but not limited to, fishing, swimming and pleasure boating, as well as private riparian rights of adjacent land owners.

SMP-SU-39 Moorage should be restricted to the minimum size necessary to meet the needs of the proposed use. The length, width and height of piers and docks should be no greater than that required for safety and practicality for the primary use.

SMP-SU-40 Pile supports are preferred over floats because piles do not displace water surface and intertidal or aquatic habitat and are removable and thus more flexible in terms of long-term use patterns. Floats may be less desirable than pile structures where aquatic habitat or littoral drift are significant.

SMP-SU-41 The use of buoys for small craft moorage is preferred over piles or float structures because of lesser long term impact on shore features and users; moorage buoys should be placed as close to shore as possible to minimize obstruction to navigation.

SMP-SU-42 Shoreline resources and water quality should be protected from overuse by boaters living on vessels (liveaboards). Boaters permanently living on vessels are restricted to established marinas with facilities to address waste handling and other sanitary services.

SMP-SU-43 Vessels should be restricted from extended mooring on waters of the state unless authorization is obtained from the DNR and impacts to navigation and public access are mitigated.

SMP-SU-44 Piers and docks should be constructed of materials that will not adversely affect water quality or aquatic plants and animals in the long term.

SMP-SU-45 New pier and dock development should be designed so as not to interfere with lawful public access to or use of shorelines. Developers of new piers and shared moorage should be encouraged to provide physical or visual public access to shorelines whenever safe and compatible with the primary use and shore features.

Development Regulations

SU-DR-33 Applications for public mooring buoys should include an enforcement and management plan that describes rules and regulations for public use.

SU-DR-34 Private mooring buoys are permitted in Aquatic environments adjacent to Shoreline Residential, High Intensity, and Urban Conservancy environments.

SU-DR-35 Mooring buoys are subject to permitting requirements and Hydraulic Project Approval conditions from the Washington State Department of Fish & Wildlife.

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SU-DR-36 Mooring buoys shall be located, designed, constructed, and operated so as to minimize impacts to shoreline resources and unnecessary interference with the right of adjacent property owners, as well as adjacent shoreline or water uses.

SU-DR-37 A mooring buoy shall secure no more than two boats.

SU-DR-38 Washington Department of Natural Resources (DNR) requires registration for mooring buoys placed onto state-owned aquatic lands.

SU-DR-39 No creosote, chromate copper arsenate, or pentachlorophenol treated wood, or other comparably toxic compounds may be used as part of the in-water decking, pilings, or other components of any structures such as docks, wharves, piers, marinas, rafts, floats or terminals. Treated wood may only be used for above water structural framing and is discouraged to be used as decking, pilings, etc. During maintenance, existing treated wood should be replaced with alternative non-toxic materials.

SU-DR-40 Tires are prohibited as part of above or below water structures or where tires could potentially come in contact with the water. Existing tires used for floatation should be replaced with inert or encapsulated materials such as plastic or encased foam, during maintenance or repair of the structure.

SU-DR-41 All foam material must be encapsulated within a shell that prevents breakup or loss of the foam material into the water and is not readily subject to damage by ultraviolet radiation or abrasion. During maintenance, existing un-encapsulated foam material should be removed or replaced.

SU-DR-42 To prevent prop scour, boat mooring areas for new docks, marinas, shipyards and terminals, mooring buoys, rafts and floats should be located where the water will be deeper than 2 meters (7 feet) at the lowest low water, or where it can be shown that prop scour will not adversely impact aquatic vegetation or increase suspended sediment loads.

SU-DR-43 The design, location, and construction of docks, floats, and piers, as well as their subsequent use, should minimize adverse effects on fish, shellfish, wildlife, water quality, and geohydraulic processes.

SU-DR-44 Docks, piers, and floats should be designed, located and operated to minimize interference with adjacent water uses. The maximum length of a pier or dock should be the minimum necessary to accomplish moorage.

Development Standards for new Piers and Docks

Length Docks, piers, and floats should be designed, located and operated to minimize interference

with adjacent water uses. The maximum length of a pier or dock should be the minimum necessary

to accomplish moorage.

Width

1. The maximum width of a single-family residential pier or dock is six (6) feet.

2. The maximum width of a commercial or public pier will be the minimum necessary to

accommodate the permitted use.

3. The maximum width of a ramp is four (4) feet.

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4. The maximum width of ells and floats is six (6) feet for public or commercial uses. Any additional

fingers must be no wider than two (2) feet.

5. Ells are not permitted on single-family residential docks, piers, or floats.

Area. Surface area of docks, piers and ramps shall be determined on a site-specific basis.

Decking

1. If pier is over four feet wide, decking is required to 30% functional grating on the pier.

2. Ramps are required to be fully grated.

a. Option 1: A float with a width of 6 feet or less must have functional grating installed on at least

30 percent of the surface area of the float.

b. Option 2: A float with a width greater than 6 feet (up to 8 feet) must have functional grating

installed on at least 50 percent of the surface area of the float.

Piles

1. Piling diameter cannot exceed 12 inches.

2. Piling materials. No creosote, pentachlorophenol, CCA or comparable toxic compounds not

approved for marine use, shall be used for any portion of the overwater structure. For any ACZA

treated wood, the wood must be treated by the manufacturer per the Post Treatment Procedures

outlined in “BMP Amendment #1 – Amendment to the Best Management Practices (BMPs) for the

Use of Treated Wood in Aquatic Environments; USA Version – Revised July 1996,” by the Western

Wood Preservers Institute, as amended April 17, 2002 or the most current BMPs.

SU-DR-45 Publicly owned dock or pier facilities may not exceed the minimum length required for moorage.

SU-DR-46 Railings, if provided, should be of open framework design and conform to the Uniform Building Code where required.

SU-DR-47 Utility service, if provided on docks and piers, should be placed on or under the deck. Overhead utility service is prohibited. Lighting shall be designed and installed to prevent unnecessary glare.

SU-DR-48 Docks, piers and floats should be marked as necessary to avoid hazardous conditions for surface water users.

SU-DR-49 Structures over three (3) feet in height should not be permitted on a noncommercial pier, dock, or float, except railings, navigational features, hoists, shielded safety lighting, or other safety devices. This does not include floating dock pilings.

SU-DR-50 All piers and docks should be constructed an maintained in a safe condition. Abandoned or unsafe docks and piers should be removed or repaired promptly by the owner. Where any such structure constitutes a hazard to the public, the City may, following proper notice to the owner, abate the structure if the owner fails to do so within 90 days, and may impose a lien on the related shoreline property in an amount equal to the cost of the abatement.

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SU-DR-51 Prohibited uses and activities are as follows.

a) Piers, docks, boathouses, and floats used for solely residential purposes (live-aboards are allowed within established commercial marinas).

b) Piers, docks, and floats on streams.

c) Covered moorage or boathouses over water except within established marinas and boat repair yards.

d) Fill waterward of the ordinary high water mark or within a marsh, bog or swamp to accommodate a pier, dock, or float.

7.11 Recreation

Recreational development provides opportunities for play, sports, relaxation, amusement, or

contemplation. It includes facilities for passive recreational activities, such as hiking, photography,

viewing, and fishing. It also includes facilities for active or more intensive uses such as parks,

campgrounds, and golf courses. This section applies to both publicly- and privately-owned shoreline

facilities intended for use by the public or a private club, group, association, or individual.

Management Policies

SMP-SU-46 Shoreline recreational development should be given priority for shoreline location to the extent that the use facilitates the public’s ability to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline. Where appropriate, such facilities should be dispersed along the shoreline in a manner that supports more frequent recreational access and aesthetic enjoyment of the shoreline for a substantial number of people.

SMP-SU-47 Recreational developments should facilitate appropriate use of shoreline resources while conserving them. These resources include, but are not limited to: accretion shoreforms, wetlands, soils, ground water, surface water, native plant and animal life, and shore processes.

SMP-SU-48 Recreational developments and plans should provide the regional population a varied and balanced choice of recreation experiences in appropriate locations. Public agencies and private developers should coordinate their plans and activities to provide a wide variety of recreational opportunities without needlessly duplicating facilities.

SMP-SU-49 Trail links between shoreline parks and public access points should be encouraged for walking or bicycle riding where appropriate. The City of Port Orchard Comprehensive Park Plan and the Mosquito Fleet Trail Plan should be considered in design and approval of public trail systems.

SMP-SU-50 Access to natural areas, including but not limited to shoreline beaches and Blackjack and Ross Creeks, should be a combination of linear shoreline trails or easements and small parking or access tracts to minimize user concentration to small portions of the shoreline.

SMP-SU-51 Recreation facilities should incorporate public education regarding shoreline ecological functions and processes, the role of human actions on the environment and the importance of public involvement in shorelines management. Opportunities incorporating educational and

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interpretive information should be pursued in design and operation of recreation facilities and nature trails.

SMP-SU-52 Recreation development should be located only where utility and road capability is adequate or may be provided without significant damage to shore features commensurate with the number and concentration of anticipated users.

SMP-SU-53 Cooperative efforts among public and private persons toward the acquisition and/or development of suitable recreation sites or facilities should be explored to assure long-term availability of sufficient public sites to meet local recreation needs.

Development Regulations

SU-DR-52 Recreational facilities shall make adequate provisions for: a. Vehicular and pedestrian access b. The prevention of overflows and trespasses onto adjacent properties.

c. Screening, buffer strips, fences, and signs to prevent park overflow and to protect the value and enjoyment of adjacent or nearby private or public properties

d. The enforcement of laws and regulations associated with use of the facilities being proposed e. Water supply, sewage disposal, parking, and garbage collection. f. Security g. Maintenance SU-DR-53 Valuable shoreline resources and fragile or unique areas, such as wetlands and accretion shoreforms, should be used only for non-intensive recreation activities. SU-DR-54 Stairways and landings should be located upland of existing bulkheads, banks, and the OHWM unless integral to a water-dependent use or overwater structure permitted by this Master Program.

7.12 Residential Development

Residential development refers to one or more buildings, structures, lots, parcels, or portions of parcels that are used or intended to be used to provide a dwelling for human beings. Residential development includes single-family residences, duplexes, other detached dwellings, multifamily residences, apartments, townhouses, mobile home parks, group housing, condominiums, subdivisions, planned unit developments, and short subdivisions. Residential development also includes accessory uses and structures such as garages, sheds, tennis courts, swimming pools, driveways, parking areas, fences, cabanas, saunas, and guest cottages, when allowed by the underlying zoning. Single-family residences are the most common form of shoreline development and are identified as a priority use when developed in a manner consistent with control of pollution and prevention of damage to the natural environment. Without proper management, single-family residential use can cause significant damage to the shoreline area through cumulative impacts from shoreline armoring, storm water runoff, septic systems, introduction of pollutants, and vegetation modification and removal. Residential development also includes multifamily development and the creation of new residential lots through land subdivision.

Management Policies

SMP-SU-54 Single family residences are designated as a priority use consistent with RCW 90.58.

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SMP-SU-55 New residential development is encouraged to cluster dwelling units together to reduce physical and visual impacts on shorelines and to reduce utility and road costs. Planned unit developments that include common open space and recreation facilities, or a variety of dwelling sizes and types, are encouraged at suitable locations as a preferable alternative to extensive single lot subdivisions on shorelines. Plats and subdivisions must be designed, configured and developed in a manner that assures no net loss of ecological functions from full build-out of all lots.

SMP-SU-56 Allowable density of new residential development should comply with applicable comprehensive plan goals and policies, zoning restrictions, and shoreline area designation standards.

SMP-SU-57 Structures or development for uses accessory to residential use should preserve shoreline open space, be visually and physically compatible with adjacent shoreline features, be reasonable in size and purpose, and result in no net loss of shoreline ecological functions and processes.

SMP-SU-58 Building heights must be compatible with Title 16 of the POMC, as well as with the View Protection Overlay District Ordinance, and the Downtown Overlay District.

SMP-SU-59 New residential development should be planned and built to minimize the need for shoreline stabilization and flood hazard reduction measures and assures not net loss of ecological functions.

SMP-SU-60 Measures to conserve native vegetation along shorelines should be required for all residential development. Vegetation conservation may include avoidance or minimization of clearing or grading, restoration of areas of native vegetation, and/or control of invasive or non-native vegetation.

SMP-SU-61 Whenever possible, non-regulatory methods to protect shoreline ecological functions and other shoreline resources should be encouraged for residential development. Such methods may include resource management planning, low impact development techniques, voluntary protection and enhancement projects, education, or incentive programs. SMP-SU-62 New multi-unit residential development, including subdivision of land for more than four parcels, on waterfront parcels, should provide substantial shoreline access for development residents and the public, unless public access is infeasible due to incompatible uses, safety, impacts to shoreline ecology or legal limitations.

SMP-SU-63 Development should provide open space corridors between structures, and along site boundaries, so as to provide space for outdoor recreation, preserve views, and minimize use conflicts.

Development Regulations

SU-DR-55 Single-family homes may are exempt from the Shoreline Substantial Development Permit process, as well as clearing and grading associated with the construction of a single-family home. SU-DR-56 Residential development shall be located and designed to avoid the need for structural shoreline armoring and flood protection. SU-DR-57 Subdivisions or development of more than four dwelling units adjacent to the waterfront shall dedicate, improve, and provide maintenance provisions for a pedestrian easement that

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provides area sufficient to ensure usable access to the shoreline for residents of the development and the general public. When required, public access easements must comply with the Public Access section of this Master program.

7.13 Shoreline Stabilization and Bulkheads

Shoreline stabilization includes actions taken to address erosion impacts to property and dwellings,

businesses, or structures caused by natural processes, such as current, flood, tides, wind or wave action.

These actions include structural and nonstructural methods. Shoreline stabilization measures can

include a wide range of works varying from hard vertical walls to vegetation conservation and

enhancement.

Management Policies

SMP-SU-64 New development should be located and designed to avoid the need for future

shoreline stabilization to the extent feasible.

SMP-SU-65 New structural stabilization should only be allowed to protect existing primary

structures or in support of new water-dependent uses.

SMP-SU-66 New shoreline stabilization should result in no net loss of ecological functions

SMP-SU-67 The size of stabilization measure should be limited to the minimum necessary. Soft

approaches should be used unless demonstrated not to be sufficient to protect primary structures,

dwellings and businesses.

Development Regulations

SU-DR-58 Subdivisions of land must ensure the lots created will not require shoreline stabilization in

order for reasonable development to occur using geotechnical analysis of the site and shoreline

characteristics.

SU-DR-59 New bulkheads will be allowed only if a geotechnical analysis demonstrates danger and

structural damage is likely to a legal primary structure.

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a. New or enlarged structural shoreline stabilization measures for an existing primary

structure, including residences, shall not be allowed unless there is conclusive evidence,

documented by a qualified professional, that the structure is in danger from shoreline

erosion caused by currents or wave action. Normal sloughing, erosion of steep bluffs, or

shoreline erosion itself, without a scientific or geotechnical analysis, is not

demonstration of need. The analysis must evaluate onsite drainage issues and address

drainage problems before considering structural shoreline stabilization.

b. Supplementary or non-structural stabilization must be shown to be impractical or non-

effective, as demonstrated by a geotechnical report.

c. The report(s) must determine that the stabilization structure will not result in a net loss

of shoreline ecological functions.

SU-DR-60 Replacement bulkheads will be allowed, if soft armoring alternatives are not feasible.

Replacement bulkheads should be placed landward of the OHWM, and will not be allowed

waterward of the existing bulkhead.

SU-DR-61 Alternatives for shoreline stabilization shall be based on the following hierarchy of

preference:

a. No action

b. Flexible stabilization constructed of natural materials incorporating measures such as

soft shore protection and bioengineering, including beach nourishment, protective

berms, or vegetative stabilization.

c. Flexible stabilization, as described above, with rigid works, constructed as a

protective measure.

d. Rigid works constructed of artificial materials such as riprap or concrete.

SU-DR-62 A seawall or bulkhead protecting state or local roads, may be rebuilt or repaired if

deemed necessary by the City Engineer and Shoreline Administrator.

7.14 Signs

The City of Port Orchard recognizes the constitutional right for property owners to communicate using signs on their property. These policies are intended to ensure that signage within shoreline areas is consistent with the purpose and intent of the Act and this Program by addressing impacts to ecological functions, public safety and visual aesthetics.

Management Policies

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SMP-SU-68 Signs should be located, designed and maintained to be visually compatible with local shoreline scenery as seen from both land and water, especially on shorelines of statewide significance.

SMP-SU-69 Sign location and design should not substantially impair shoreline views.

SMP-SU-70 All signs shall meet the requirements of POMC 16.65.

SMP-SU-71 Communities, districts, and/or multi-use or multi-tenant commercial developments are encouraged to erect single, common use gateway signs to identify and give directions to local premises and public facilities as a preferable alternative to a proliferation of single purpose signs.

SMP-SU-72 Off-premise signs are prohibited. Signs that are not water-dependent or that reduce public enjoyment of or access to shorelines are not encouraged. Such signs should not be located on shorelines except for approved community gateway or directional signs.

SMP-SU-73 Free-standing signs should be located to avoid blocking scenic views and be located on the landward side of public transportation routes which generally parallel the shoreline.

SMP-SU-74 To minimize negative visual impacts and obstructions to shoreline access and use, low-profile, on-premise wall signs are preferred over free-standing signs or other wall signs.

SMP-SU-75 Moving or flashing signs should be prohibited on shorelines.

SMP-SU-76 Artificial lighting for signs or security should be directed or beamed away from the water, public streets or adjacent properties.

Development Regulations

SU-DR-63 Signs shall conform to all provisions in POMC 16.65

7.15 Transportation and Parking

Transportation facilities are those structures and developments that aid in land and water surface

movement of people, goods, and services. They include roads and highways, bridges and causeways,

ferry terminals, railroad facilities, and boat and floatplane terminals. The shoreline areas within the City

of Port Orchard and its outlying Urban Growth Area are dominated by transportation facilities. Major

State Highways and local roads are adjacent to the entire length of the marine shoreline, parallel to the

Sinclair Inlet, and multiple private docks and public passenger-only ferry docks are located in the area.

Transit interchanges and transportation hubs are vital to the shoreline connection to major cities and

transportation infrastructure that is vital to the local and regional economy.

Management Policies

SMP-SU-77 New transportation facilities should be located so as to not interfere with existing public access areas and significant natural, historic, archaeological or cultural sites.

SMP-SU-78 Parking is not a preferred use in shorelines and should only be encouraged to support authorized uses where no feasible alternatives exist.

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SMP-SU-79 New or expanded public transportation facility route selection and development within the shoreline should be coordinated with related local and state government land use and circulation planning.

SMP-SU-80 Transportation system route planning, acquisition, and design in the shoreline should provide space wherever possible for compatible multiple uses such as utility lines, public access, pedestrian shore access or view points, or recreational trails.

SMP-SU-81 Transportation system plans and transportation projects within shorelines should provide adequate, safe, and compatible space for non-motorized traffic such as pedestrians and bicyclists. Space for such uses should be required along roads on shorelines, where appropriate, and should be considered when rights-of-way are being vacated or abandoned.

SMP-SU-82 Public access should be provided to shorelines where safe and compatible with the primary and adjacent use, or should be replaced where transportation development substantially impairs lawful public access. Viewpoints, parking, trails and similar improvements should be considered for transportation system projects in shoreline areas, especially where a need has been identified.

SMP-SU-83 Public transportation routes, particularly arterial highways and railways within the shoreline, should be located, designed, and maintained to permit safe enjoyment of adjacent shore areas and properties by other appropriate uses such as recreation or residences. Vegetative screening or other buffering should be considered.

SMP-SU-84 Efforts to implement waterfront trails including the Mosquito Fleet Trail and Blackjack Creek Trail should accompany any shoreline transportation projects.

SMP-SU-85 Maintenance and repair of existing roadways and transportation facilities within the shorelines should not be unduly encumbered by Shoreline Master Program implementation.

Development Regulations

SU-DR-64 When feasible, major new transportation facilities should be located away from the shoreline. SU-DR-65 Roads shall be located to avoid critical areas where possible. SU-DR-66 Roads and waterway crossings are discouraged within wetlands or critical fish and wildlife conservation areas except when all upland alternatives have been proven infeasible and the transportation facilities are necessary to support uses consistent with this program. SU-DR-67 Roads, bridges, culverts and similar devices are encouraged to afford maximum protection for fish and wildlife resources. SU-DR-68 New transportation facilities should be located in a manner to and encouraged to be designed to minimize or prevent the need for shoreline protective measures such as riprap or other bank stabilization, landfill, bulkheads, groins, jetties or substantial site regrading. SU-DR-69 Maintenance, repair, and replacement of existing road facilities is encouraged.

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SU-DR-70 Road routes shall make provisions for pedestrian, bicycle, and other non-motorized modes of travel whenever feasible.

7.16 Utilities

Utilities are services and facilities that produce, transmit, carry, store, process, or dispose of electric

power, water, sewage, communications, oil, gas, stormwater, and the like. The provisions in this section

apply to primary use and activities such as sewage treatment plants, sewer lift pumps, stormwater

outfalls and fuel storage facilities. On-site utility features serving a primary use, such as water, sewer or

gas line to a residence, are "accessory utilities" and shall be reviewed as appurtenances to the primary

use (in this example, the residential use).

Management Policies

SMP-SU-86 New public or private utilities should be located inland from the land/water interface, preferably out of the shoreline jurisdiction, unless:

a. Perpendicular water crossings are unavoidable; or b. Utilities are required for authorized shoreline uses consistent with this Program.

SMP-SU-87 Utilities should be located and designed to avoid public recreation and public access areas and significant natural, historic, archaeological or cultural resources.

SMP-SU-88 Utilities should be located, designed, constructed, and operated to result in no net loss of shoreline ecological functions and processes with appropriate mitigation.

SMP-SU-89 All utility development should be consistent with and coordinated with all local government and state planning, including comprehensive plans and single purpose plans to meet the needs of future populations in areas planned to accommodate growth. Site planning and rights-of-way for utility development should provide for compatible multiple uses such as shore access, trails, and recreation or other appropriate use whenever possible; utility right-of-way acquisition should also be coordinated with transportation and recreation planning.

SMP-SU-90 Utilities should be located in existing rights-of-way and corridors whenever possible.

SMP-SU-91 Utilities serving new development should be located underground, wherever possible.

SMP-SU-92 Development of pipelines and cables on aquatic lands and tidelands, particularly those running roughly parallel to the shoreline, and development of facilities that may require periodic maintenance which would disrupt shoreline ecological functions should be discouraged except where no other feasible alternative exists.

Development Regulations SU-DR-71 Utility development should provide for compatible, multiple uses of sites and rights-of-way.

SU-DR-72 Replacement of existing wires, utility poles, and similar existing infrastructure are permitted and are exempt from shoreline substantial permit requirements.

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SU-DR-73 Utilities shall be located adjacent to or within existing utility or circulation easements or rights-of-way whenever feasible. Joint use of rights-of-way and corridors is encouraged. SU-DR-74 Utilities shall be located, designed, constructed and operated so as to document no net loss of shoreline ecological functions, preserve the natural landscape, and minimize conflicts with present and planned land and shoreline uses. SU-DR-75 Utility distribution lines serving new development including electricity, communications and fuel lines should be located underground, except where the presence of bedrock or other obstructions make such placement infeasible. Existing above-ground lines should be moved underground during normal replacement processes. SU-DR-76 Land filling in shoreline jurisdictions for utility facilities or line placement is prohibited. SU-DR-77 Clearing of vegetation for the installation or maintenance of utilities should be kept to a minimum.

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CHAPTER 8: SHORELINE ADMINISTRATION AND PERMIT PROCEDURES

This chapter contains the provisions regarding the City’s administrative processes and permit procedures regarding the Shoreline Management Act and the City of Port Orchard Shoreline Master Program.

8.1 Shoreline Administrator

The City of Port Orchard Development Director, or his/her designee, shall serve as the Shoreline Administrator. The Shoreline Administrator shall determine the proper procedure for all shoreline permit applications, and shall have the authority to grant, condition, or deny shoreline exemptions and administrative shoreline permits.

8.2 Hearing Examiner

Per POMC 16.01.021(3), the Hearing Examiner shall have authority to conduct open record public hearings and to grant, condition, or deny applications for shoreline substantial use, variance, and conditional use permits.

8.3 Shoreline Exemptions

The Shoreline Administrator shall issue a letter of exemption if any of the criteria below are met or meets the criteria allowed per WAC 173-27-040(2): a) Any development of which the total cost or fair market value, whichever is higher, does not exceed five thousand dollars, if such development does not materially interfere with the normal public use of the water or shorelines of the state. The dollar threshold established in this subsection must be adjusted for inflation by the office of financial management every five years, beginning July 1, 2007, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the Bureau of Labor and Statistics, United States Department of Labor. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect. For purposes of determining whether or not a permit is required, the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030 (2)(c). The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials; b) Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. "Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except

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where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment; c) Construction of the normal protective bulkhead common to single-family residences. A "normal protective" bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single-family residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one foot of wall may be used as backfill. When an existing bulkhead is being repaired by construction of a vertical wall fronting the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an ordinary high water mark has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual ordinary high water mark. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approved by the department of fish and wildlife. d) Emergency construction necessary to protect property from damage by the elements. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this chapter. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to chapter 90.58 RCW, these regulations, or the local master program, obtained. All emergency construction shall be consistent with the policies of chapter 90.58 RCW and the local master program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency; e) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, construction of a barn or similar agricultural structure, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels: Provided, That a feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations; f) Construction or modification of navigational aids such as channel markers and anchor buoys; g) Construction on shorelands by an owner, lessee or contract purchaser of a single-family

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residence for their own use or for the use of their family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to chapter 90.58 RCW. "Single-family residence" means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance. An "appurtenance" is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and the perimeter of a wetland. On a statewide basis, normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank and drainfield and grading which does not exceed two hundred fifty cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. Local circumstances may dictate additional interpretations of normal appurtenances which shall be set forth and regulated within the applicable master program. Construction authorized under this exemption shall be located landward of the ordinary high water mark;

h) Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single-family and multiple-family residences. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. This exception applies if either: (i) In salt waters, the fair market value of the dock does not exceed two thousand five hundred dollars; or (ii) In fresh waters the fair market value of the dock does not exceed ten thousand dollars, but if subsequent construction having a fair market value exceeding two thousand five hundred dollars occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this chapter. i) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored groundwater from the irrigation of lands; j) The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water; k) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed or utilized primarily as a part of an agricultural drainage or diking system; l) Any project with a certification from the governor pursuant to chapter 80.50 RCW; 8.3.15 Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if: (i) The activity does not interfere with the normal public use of the surface waters; (ii) The activity will have no significant adverse impact on the environment including but not

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limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; (iii) The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; (iv) A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions; and (v) The activity is not subject to the permit requirements of RCW 90.58.550;

m) The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the department of agriculture or the department of ecology jointly with other state agencies under chapter 43.21C RCW; n) Watershed restoration projects as defined herein. Local government shall review the projects for consistency with the shoreline master program in an expeditious manner and shall issue its decision along with any conditions within forty-five days of receiving all materials necessary to review the request for exemption from the applicant. No fee may be charged for accepting and processing requests for exemption for watershed restoration projects as used in this section. (i) "Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities: (i) A project that involves less than ten miles of streamreach, in which less than twenty-five cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings; (ii) A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or (iii) A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than two hundred square feet in floor area and is located above the ordinary high water mark of the stream. (ii) "Watershed restoration plan" means a plan, developed or sponsored by the department of fish and wildlife, the department of ecology, the department of natural resources, the department of transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed for which agency and

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public review has been conducted pursuant to chapter 43.21C RCW, the State Environmental Policy Act; o) A public or private project that is designed to improve fish or wildlife habitat or fish passage, when all of the following apply: (i) The project has been approved in writing by the department of fish and wildlife; (ii) The project has received hydraulic project approval by the department of fish and wildlife pursuant to chapter 77.55 RCW; and (iii) The local government has determined that the project is substantially consistent with the local shoreline master program. The local government shall make such determination in a timely manner and provide it by letter to the project proponent. Fish habitat enhancement projects that conform to the provisions of RCW 77.55.181 are determined to be consistent with local shoreline master programs, as follows: (i) In order to receive the permit review and approval process created in this section, a fish habitat enhancement project must meet the criteria under (p)(iii)(A)(I) and (II) of this subsection: (I) A fish habitat enhancement project must be a project to accomplish one or more of the following tasks: • Elimination of human-made fish passage barriers, including culvert repair and replacement; • Restoration of an eroded or unstable streambank employing the principle of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or • Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks. The department of fish and wildlife shall develop size or scale threshold tests to determine if projects accomplishing any of these tasks should be evaluated under the process created in this section or under other project review and approval processes. A project proposal shall not be reviewed under the process created in this section if the department determines that the scale of the project raises concerns regarding public health and safety; and (II) A fish habitat enhancement project must be approved in one of the following ways: • By the department of fish and wildlife pursuant to chapter 77.95 or 77.100 RCW; • By the sponsor of a watershed restoration plan as provided in chapter 89.08 RCW; • By the department as a department of fish and wildlife-sponsored fish habitat enhancement or restoration project;

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• Through the review and approval process for the jobs for the environment program; • Through the review and approval process for conservation district-sponsored projects, where the project complies with design standards established by the conservation commission through interagency agreement with the United States Fish and Wildlife Service and the natural resource conservation service; • Through a formal grant program established by the legislature or the department of fish and wildlife for fish habitat enhancement or restoration; and • Through other formal review and approval processes established by the legislature. (ii) Fish habitat enhancement projects meeting the criteria of (p)(iii)(A) of this subsection are expected to result in beneficial impacts to the environment. Decisions pertaining to fish habitat enhancement projects meeting the criteria of (p)(iii)(A) of this subsection and being reviewed and approved according to the provisions of this section are not subject to the requirements of RCW 43.21C.030 (2)(c). (iii)(I) A hydraulic project approval permit is required for projects that meet the criteria of (p)(iii)(A) of this subsection and are being reviewed and approved under this section. An applicant shall use a joint aquatic resource permit application form developed by the office of regulatory assistance to apply for approval under this chapter. On the same day, the applicant shall provide copies of the completed application form to the department of fish and wildlife and to each appropriate local government. Local governments shall accept the application as notice of the proposed project. The department of fish and wildlife shall provide a fifteen-day comment period during which it will receive comments regarding environmental impacts. Within forty-five days, the department shall either issue a permit, with or without conditions, deny approval, or make a determination that the review and approval process created by this section is not appropriate for the proposed project. The department shall base this determination on identification during the comment period of adverse impacts that cannot be mitigated by the conditioning of a permit. If the department determines that the review and approval process created by this section is not appropriate for the proposed project, the department shall notify the applicant and the appropriate local governments of its determination. The applicant may reapply for approval of the project under other review and approval processes.

8.4 Administrative Shoreline Substantial Development Permits

Substantial development permits (“SDPs”) are required for all developments (unless specifically

exempt) that meet the legal definition of “substantial development,” but may qualify for processing as

an administrative permit subject to the Section 8.4.1.

SDPs are reviewed and processed by local governments and subsequently sent to Ecology for filing.

Under WAC 173-27-150, substantial development permits cannot be approved unless they are

consistent with policies and procedures of the Shoreline Management Act, Ecology rules, and the local

master program. Local government may condition the approval of permits if needed to ensure

consistency of the project with the act and the local master program.

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“Substantial development” shall mean any development of which the total cost or fair market value

exceeds five thousand dollars, or any development which materially interferes with the normal public

use of the water or shorelines of the state.

8.4.1 Development Activities

Development Activities that meet one or more of the following criteria and exceed the exemption thresholds shall be processed as an administrative shoreline substantial development permit: (a) The remodel, rehabilitation, or other development activities that significantly alter the exterior of an existing building (e.g., adding a fire escape to a building exterior). Minor modifications such as roof replacement, changes in window or door openings, or new siding may qualify as a shoreline exemption; (b) Expansions of existing buildings that do not exceed a total of 1,000 square feet, will not exceed one-story in height, and will not increase the height of an existing roof; (c) Temporary buildings or other activities that do not qualify as an exemption because they may have a temporary adverse impact on public views, aesthetics, or public access; (d) Public access and other associated amenities that are located landward of the OHWM and the fair market value does not exceed $50,000; (e) Underground utility improvements, including utility extensions, within an existing right-of-way; (f) Installation of public art. 8.4.2 Permit Process Administrative shoreline permits will be processed as an administrative permit in accordance with POMC 16.06, or as hereafter amended. Public notice and a comment period are required.

8.5 Shoreline Substantial Development Permits

Substantial development permits (“SDPs”) are required for all developments (unless specifically exempt) that meet the legal definition of "substantial development." SDPs are reviewed and processed by local governments and subsequently sent to Ecology for filing. Under WAC 173-27-150, substantial development permits cannot be approved unless they are consistent with policies and procedures of the Shoreline Management Act, Ecology rules, and the local master program. Local government may condition the approval of permits if needed to ensure consistency of the project with the act and the local master program. "Substantial development" shall mean any development of which the total cost or fair market value exceeds five thousand dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state.

8.6 Conditional Use Permits

8.6.1 Description Conditional Use Permits allow greater flexibility in applying use regulations of shoreline master program. A CUP is needed if a proposed use is listed as a conditional use in a local government's environment

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designation, or if the SMP does not address the use. A CUP may be required even if a proposed use is otherwise exempt from permit requirements. 8.6.2 Criteria for Granting Shoreline Conditional Use Permits Uses which are classified or set forth in the applicable master program as conditional uses may be authorized provided that the applicant demonstrates all of the following:

1. That the proposed use is consistent with the policies of the SMA (RCW 90.58.020) and the master program;

2. That the proposed use will not interfere with the normal public use of public shorelines; 3. That the proposed use of the site and design of the project is compatible with other

authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program;

4. That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and

5. That the public interest suffers no substantial detrimental effect. 6. Conditional uses must also meet criteria in WAC 173-27-140 which apply to all

development. Some proposals may require both a substantial development permit and a conditional use permit. Other proposals that are not a "substantial development" might require a conditional use permit. 8.6.3 Conditional Use Permit Process Shoreline Conditional Use Permits are subject to processing under POMC 16.06 and 16.07. They are administered by the Shoreline Administrator or his/her designee, and are subject to public notice, public comment, a public hearing and SEPA requirements. City-approved CUPs are sent to Ecology at the end of the local appeal period. Ecology must either approve, deny or condition every CUP within 30 days of receiving a complete permit application.

8.7 Shoreline Variances

8.7.1 Description Variances are requests to adjust the applicable setback and/or bulk and dimensional requirements of the SMP where there are extraordinary or unique circumstances relating to the subject property such that the strict implementation of the SMP requirements would impose unnecessary hardship on the applicant or thwart the policies set for in RCW 90.58.020. The City has two types of variances; shoreline variances, and administrative shoreline variances. 8.7.2 Criteria for Granting Shoreline Variances Any variance request must meet the requirements listed below. Variances for prohibited uses are not allowed. 8.7.2.1 Criteria for granting upland variances Development that requires a variance must demonstrate that the development meets all of the criteria below:

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1. That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes, or significantly interferes with, reasonable use of the property;

2. That the hardship described in (a) of this subsection is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program, and not, for example, from deed restrictions or the applicant's own actions.

3. That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program and will not cause adverse impacts to the shoreline environment;

4. That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area;

5. That the variance requested is the minimum necessary to afford relief; and 6. That the public interest will suffer no substantial detrimental effect.

8.7.2.1 Criteria for granting overwater variances Overwater variance may be granted provided that they meet criteria 2 through 6 in 8.7.2.1 above, as well as the following:

1. That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes all reasonable use of the property;

2. That the public rights of navigation and use of the shorelines will not be adversely affected.

8.7.3 Variance Process Variances are subject to processing under POMC 16.06 and 16.07. They are administered by the Shoreline Administrator or his/her designee, and are subject to public notice, public comment, a public hearing (for regular variances) and SEPA requirements. Administrative variances are subject to public notice, but not public hearings, unless appealed.

8.8 Table of Permits and Procedures

Permit Type Decision Maker Public Notice Notes

Shoreline Exemption

Shoreline Administrator

N/A List of exemptions in Section 8.3 above

Administrative Shoreline Substantial Development

Shoreline Administrator

a. Notice mailed to property owners within 300 feet. b. Notice posted on-site c. Notice published in newspaper of record

See section 8.4

Shoreline Substantial Development Permit

Hearing Examiner a. Notice mailed to property owners within 300 feet. b. Notice posted on-site c. Notice published in newspaper of record

See section 8.5

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Adminstrative Conditional Use Permit

Shoreline Administrator Dept. of Ecology

a. Notice mailed to property owners within 300 feet. b. Notice posted on-site c. Notice published in newspaper of record

See section 8.6

Conditional Use Permit

Hearing Examiner Dept. of Ecology

a. Notice mailed to property owners within 300 feet. b. Notice posted on-site c. Notice published in newspaper of record

See section 8.6

Administrative Variance

Shoreline Administrator Dept. of Ecology

a. Notice mailed to property owners within 300 feet. b. Notice posted on-site c. Notice published in newspaper of record

See section 8.7

Variance Hearing Examiner Dept. of Ecology

a. Notice mailed to property owners within 300 feet. b. Notice posted on-site c. Notice published in newspaper of record

See section 8.7

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8.9 Public Notice

Public notice shall be provided consistent with POMC 16.06.

8.10 Public Hearings

Public hearings shall be conducted by the Hearing Examiner in accordance with POMC 16.

8.11 SEPA Review

Project review conducted pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C , shall occur concurrently with project review set forth in this Master Program and POMC Chapter 16.07.

8.12 Appeals

8.12.1 Local appeals of decisions by the Shoreline Administrator are subject to Hearing Examiner review. Appeals of Hearing Examiner decisions are subject to review by City Council in accordance with POMC 16.06.

18.12.2 Appeals of a final decision of the City of Port Orchard or the Department of Ecology shall be filed within 21 days of the date of decision and shall be heard by the Shorelines Hearings Board in pursuant to the procedures and timelines of RCW 90.58.180.

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CHAPTER 9: EXISTING DEVELOPMENT

Nonconforming development includes shoreline uses and structures which were lawfully constructed,

established, or created prior to the effective date of the Act or the Master Program, or amendments

thereto, but which do not conform to present regulations or standards of the Master Program or

policies of the Act. In such cases, the standards of this Chapter shall apply.

9.1 Existing Uses

Nonconforming uses include shoreline uses which were lawfully established prior to the effective date

of the Act or the Master Program, or amendments thereto, but which do not conform to present

regulations or standards of the Master Program or policies of the Act. The continuance of a

nonconforming use is subject to the following standards:

a. Change of ownership, tenancy, or management of a nonconforming use shall not affect its

nonconforming status, provided, that the use does not change or intensify.

b. Additional development of any property on which a nonconforming use exists shall require that

all new uses conform to this Master Program and the Act.

c. If a nonconforming use is converted to a conforming use, no nonconforming use may be

resumed without a shoreline variance.

d. If a nonconforming use is discontinued for a period of 365 or more consecutive calendar days, it

shall lose its nonconforming status, and the continued use of the property shall be required to

conform to the provisions of this Master Program and the Act, or obtain a shoreline variance.

A use which is listed as a conditional use but which existed prior to adoption of the Master Program for

which a Conditional Use Permit has not been obtained shall be considered a nonconforming use.

9.2 Existing Structures

1) Nonconforming structures include shoreline structures which were lawfully constructed or placed

prior to the effective date of the Act or the Master Program, or amendments thereto, but which do not

conform to present bulk, height, dimensional, setback, or density requirements. Nonconforming

structures may continue even though the structures fail to conform to the present requirements of the

environmental district in which they are located. A nonconforming structure may be maintained as

follows:

a. Necessary repairs and alterations that do not increase the degree of nonconformity may be

made to nonconforming structures.

b. A nonconforming building or structure may be repaired, maintained, and replaced as provided

in and as limited by this section. The maintenance, repair, or replacement be within the existing

footprint and should not increase the nonconformity.

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c. Changes to interior walls or non structural improvements may be made to nonconforming

structures.

d. A building or structure, nonconforming as to the bulk, dimensional and density requirements of

this Master Program, may be added to or enlarged if such addition or enlargement conforms to

the regulations of the zoning district in which it is located.

e. A structure for which a variance has been issued shall be considered a legal nonconforming

structure and the requirements of this section shall apply as they apply to preexisting

nonconformities.

2) Residential structures shall be deemed “conforming” and not subject to the provisions of this Section

9.2 under the following conditions:

a. the residential structure or appurtenant structure was legally established and used for a conforming use when established;

b. the residential structure or appurtenant structure is not an over-water structure; c. the residential structure or appurtenant structure is non-conforming solely because it no longer

meets the current standards for: setbacks, buffers, or yards; area; bulk; height; or density; and d. redevelopment, expansion, change of occupancy class, or replacement of the residential structure

is consistent with the master program, including requirements for no net loss of shoreline ecological functions.

For purposes of this provision, "appurtenant structures" means garages, sheds, and other legally

established structures. "Appurtenant structures" does not include bulkheads and other shoreline

modifications or over-water structures. Nothing in this section affects the application of other federal,

state, or local government requirements to residential structures.

9.3 Existing Lots

Undeveloped lots, tracts, parcels or sites located landward of the ordinary high water mark that were

established prior to the effective date of the Act and this Master Program, but that do not conform to

the present lot size or density standards are considered nonconforming lots of record and are legally

buildable subject to the following conditions:

a. All new structures or additions to structures on any nonconforming lot must meet all setback,

height, and other construction requirements of the Master Program, the Act, and must also

comply with applicable design, building, and engineering standards.

b. Lot or boundary line adjustments must be reviewed and approved by the City of Port Orchard

Planning Department, so as not to create further nonconformities.

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CHAPTER 10: SHORELINE ENFORCEMENT AND PENALTIES

10.1 Shoreline Enforcement The choice of enforcement action and the severity of any penalty should be based on the nature of the violation and the damage or risk to the public or to public resources. The existence or degree of bad faith of the persons subject to the enforcement action, the benefits that the violator enjoys, and the cost of obtaining compliance should be considered. 10.2 Penalties Any person found to have willfully engaged in activities on the City’s shorelines in violation of the Shoreline Management Act of 1971 or in violation of the City’s Master Program, rules or regulations adopted pursuant thereto shall be subject to the penalty provisions of POMC 2.64, or as amended hereafter. The penalty provided for in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested, or by personal service to the person incurring the same from the City. Failure to respond to the City in the time specified on the written notice may constitute a Public Nuisance, subject to the provisions of POMC 9.30.

10.2.1 Noncompliance – Any person who fails to conform to the terms of a permit issued under this Master Program, or who undertakes a development or use on the shorelines of the state without first obtaining a permit required by this Master Program, or who fails to comply with a Cease and Desist Order, a Stop Work Order, or abatement notice, issued under these regulations in compliance with POMC 2.64 shall also be subject to a civil penalty in accordance with POMC 2.64.030 (i) for each violation. Each permit violation and/or each day of continued use or development without a required permit shall constitute a separate violation. Should the Shoreline Administrator or Code Enforcement Officer have reasonable cause to believe that the situation is so adverse as to preclude written notice, he may take the measures to eliminate the hazardous situation; provided, that he shall first make a reasonable effort to located the owner or responsible party before acting. In such instances, the person or persons holding title to the subject property shall be obligated for the payment to the city of all costs incurred by the city. 10.2.2 Aiding and Abetting – Any person who, through an act of commission or omission, or procedures, aids or abets a violation shall be considered to have committed a violation to be punished by a civil penalty. 10.2.3 Abatement – Within thirty (30) days of written notice of violation, a Cease and Desist Order, or Stop Work order, if no agreement for remission or mitigation can be agreed upon, the City may acquire jurisdiction to abate the condition at the violators expense in accordance with POMC 9.30.060 (Ordinance 1724, 1998). Upon abatement of the violation or condition, or any

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portion thereof by the City, all expenses thereof shall constitute civil debt owing to the City jointly and separately by the persons who have been given notice as provided herein. The debt shall be collectable in the same manner as any other civil debt owing to the City, including placement of a lien against the affected property at the office of the Kitsap County Auditor. 10.2.4 Mandatory Civil Penalties – Issuance of civil penalties is mandatory in the following instances: a) The violator has ignored the issuance of an order or notice of violation by the City.

b) The violation causes or contributes to significant environmental damage to shorelines of the state, as determined by the City or the Department of Ecology. c) A person causes, aids, abets in a violation within two (2) years after issuance of a similar regulatory order, notice of violation, or penalty by the City or the Department against said person.

10.3 Violations – Subsequent Development and Permits No building permit or other development permit shall be issued for any parcel of land developed or divided in violation of this Master Program after it was in effect. The Shoreline Administrator or Code Enforcement Officer shall bring actions as are necessary to insure that no uses are made of the shorelines of the state in conflict with the provisions of the Act and/or of this Master Program, and to otherwise enforce the provisions of both. 10.4 Public and Private Redress 10.4.1 Any person subject to the regulatory program of the Master Program who violates any provision of the Master Program or conditions of a permit issued pursuant to the SMP shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. Further, a civil infraction may be issued by the Code Enforcement Officer in accordance with POMC 2.64.030 (Ordinance 1892, 2003 and Ordinance 1844, 2002). 10.4.2 Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute and imminent danger to the health or safety of the public or a significant portion thereof, the enforcement officer shall have the authority to summarily and without notice abate the same. The expenses of such abatement shall become a civil debt against the owner or other responsible party and be collected as provided in POMC 9.30.060 (Ordinance 1724, 1998).

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CHAPTER 11: MASTER PROGRAM REVIEW, AMENDMENTS AND ADOPTION

11.1 Master Program Review This Master Program shall be periodically reviewed and adjustments shall be made as are necessary to reflect changing local circumstances, new information, improved data, and changes in State statutes and regulations. This review process shall be consistent with WAC 173-26 requirements and shall include a local citizen involvement effort and public hearings consistent with state and local requirements.

11.2 Amendments to the Shoreline Master Program Any provisions of this Master Program may be amended as provided for in RCW 90.58.120 and 90.58.200 and WAC 173-26. Amendments or revision to the Master Program, as provided by aw, do not become effect until approved by the Washington State Department of Ecology. Proposals for changes to shoreline environment designations must demonstrate consistency with the criteria set forth in WAC 173-22-040

11.3 Severability If any provisions of this Master Program, or its application to any person or legal entity or parcel of land or circumstances is held invalid, the remainder of the Master Program, or the application of the provisions to other persons or legal entities or parcels of land or circumstances, shall not be affected.

11.4 Effective Date This Master Program shall take effect on March 28, 2013 and shall apply to new applications submitted on or after that date and to incomplete applications submitted prior to that date.

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DRAFT CHAPTER 12 - DEFINITIONS

Accessory Building – A separate building attached to or detached from the principal building and used for purposes customarily incidental to the use of the principal building. Accessory buildings can include, but are not limited to: garage, shed, playhouse, cabana, hobby room, etc.

Accessory Dwelling Unit (ADU) – A separate, complete swelling unit attached to or contained within the structure of the primary dwelling; or contained within a separate structure that is accessory to the primary dwelling unit on the premises.

Accessory Use – A use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Accretion – The growth of a beach by the addition of material transported by wind and/or water. Included are such shoreforms as barrier beaches, points, spits, and hooks.

Act – The Shoreline Management Act of 1971, as amended (RCW Chapter 90.58).

Activity – An occurrence associated with a use; the use of energy toward a specific action or pursuit including, but not limited to fishing, boating, swimming, shellfish harvest, etc.

Administrator – The Shoreline Administrator is the City of Port Orchard Development Director, or designee, charged with administering the Shoreline Master Program.

Agriculture - The cultivation of soil, production of crops, and/or raising of livestock.

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Agricultural activities – Agricultural uses and practices including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as the result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation.

Agricultural products – Agricultural products includes, but is not limited to, horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, see, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within twenty years of planting; and livestock including both the animals themselves and animal products including, but not limited to, mean, upland finfish, poultry and poultry products, and dairy products.

Agricultural equipment and agricultural facilities – Includes, but is not limited to:

a) The following used in agricultural operations: Equipment machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including, but not limited to, pumps, pipes, tapes, canals, ditches, and drains.

b) Corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands

c) Farm residences and associated equipment, lands, and facilities

d) Roadside stands and on-farm markets for marketing fruit or vegetables

Agricultural land – Those specific land areas on which agricultural activities are conducted as of the date of adoption of a local master program pursuant to these guidelines as evidenced by aerial photography or other documentation. After the effective date of the master program, land converted to agricultural use is subject to compliance with the requirements of the master program.

Amendment – A revision, update, addition, deletion and/or reenactment to the Port Orchard SMP.

Anadromous Fish – Species, such as salmon, which are born in fresh water, spend a large part of their lives in the sea, and return to freshwater rivers and streams to spawn and reproduce.

Approval – An official action by the City of Port Orchard agreeing to submit a proposed SMP or amendments to the Department of Ecology for review and official action pursuant to the SMA.

Aquaculture – The culture and farming of fish, shellfish, or other aquatic plants and animals. Aquaculture does not include the harvest of wild geoduck associated with the state managed wildstock geoduck fishery or upland finfish.

Aquatic - All water bodies, including marine waters, lakes, rivers, and streams and their respective water columns and underlying lands, which are defined as shorelines of the state.

Archaeology – The systematic recovery by scientific methods of material evidence remaining from human life and culture in past ages, and the detailed study of this evidence.

Assessed Value – The value of land and/or improvements as determined by the Kitsap County Assessor.

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Associated Wetlands – Those wetlands that are in proximity to and either influence, or are influenced by tidal waters or a lake or stream subject to the Shoreline Management Act.

Backshore – The shore area wetted by storm tides but normally dry between the coastline and the high tide line. It may be a narrow gravel berm below a sea bluff or a broader complex of berms, marshes, meadows, or dunes landward of the high tide line.

Bathymetry, Bathymetrics - The measurement of water depth at various locations in a body of water, and; the information derived from such measurements.

Beach – The zone of unconsolidated material that is moved by waves, wind and tidal currents, extending landward to the coastline.

Beach feeding – A process by which beach material is deposited at one or several locations in the updrift portion of a driftcell. The material is then naturally transported by a wave’s downdrift to stabilized or restore eroding beaches or berms.

Benthic – Of or having to do with the bottom of oceans or seas.

Berms – A linear mound of sand or gravel that is placed parallel to the shore at or above ordinary high water mark. It may be a natural or a manmade feature.

Best Management Practices (BMPs) – BMPs are methods of improving water quality. BMPs encompass a variety of behavioral, procedural, and structural measures that reduce the amount of contaminants in stormwater runoff and in receiving waters. The term “best management practices” is typically applied to nonpoint source pollution controls.

Bioengineering – The practice of using natural vegetative materials to stabilize shorelines and prevent erosion. This may include use of bundles of stems, root systems, or other living plant material, soft gabions, fabric, or other soil stabilization techniques, and limited rock toe protection where appropriate. Bioengineering projects often include fisheries habitat enhancement measures in project design. The use of bioengineering is seen as an alternative to riprap, concrete, or other structural solutions.

Biofiltration System – A stormwater or other drainage treatment system that utilizes as a primary feature the ability of plant life to screen out and metabolize sediment and pollutants. Typically, biofiltration systems are designed to include grassy swales, retention ponds, and other vegetative features.

Biota – Animals and plants that live in a particular location or region.

Boat House – A structure designed for storage of vessels located over water or in upland areas. Boat houses do not include any sort of residential development (i.e. houseboats).

Boat Launch – Graded slopes, slabs, pads, planks or rails used for launching boats by means of a trailer, hand, or mechanical device.

Boat Lift – A mechanical device that can hoist vessels out of the water for storage, repair, or maintenance.

Boat Ramp – See “boat launch” above.

Boating Facilities – Boating facilities include marinas, both backshore and foreshore, dry storage and wet-moorage types, covered moorage, and marine travel lifts.

Breakwater – A structure, either rigid or floating, constructed offshore to protect beaches, bluffs, dunes or harbor areas from wave action.

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Buffer – A parcel or strip of land that is designed and designated to permanently remain vegetated in an undisturbed and natural condition to protect an adjacent aquatic or wetland site from upland impacts, or to provide habitat for wildlife.

Building Height – The vertical height or distance from the uphill elevation of the lower or either the existing or finished grade at the foundation or slab to the highest point of the roof of the building. If the uphill elevation line is not level, the average uphill elevation shall be the basis for the measurement.

Bulkhead – A solid or open pile wall usually constructed parallel to the shore whose primary purpose is to contain and prevent the loss of soil by erosion, wave, or current action. Bulkheads are used to protect marine bluffs by retaining soil at the toe of the slope or by protecting the toe of the bank from erosion and undercutting. Bulkheads are typically constructed of concrete, steel or aluminum sheet piling, wood, or wood and structural steel combinations.

Buoy – A floating device anchored in a waterbody for navigational purposes or moorage. See also “mooring buoy.”

Campground – An outdoor area established for recreational overnight accommodations.

Channel – An open conduit for water either naturally or artificially created.

City – The City of Port Orchard, Washington.

Clearing – The destruction or removal of vegetation, ground cover, shrubs and trees including, but not limited to, root material removal that affects the erosive potential of soils.

Covered Moorage – Boat moorage, with or without walls, that has a roof to protect vessels.

Commercial – Commercial developments are those uses that include wholesale, retail, service or business trade activities.

Comprehensive Plan – The document, including maps, adopted by the City Council that outlines the City’s goals and policies relating to the management of growth, and prepared in accordance with RCW 36.70A.

Conditional Use – A use, development, or substantial development which is classified as a conditional use or a use which is not classified within the Master Program.

Conservancy – An area with valuable natural, cultural, or historical resources.

County – Kitsap County, Washington.

Creek – A small stream, often a shallow or intermittent tributary to a river.

Critical Areas – Aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas and critical drainage corridors, geologically hazardous areas, wetlands and streams.

Cumulative Impacts – The impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time.

Development – A use consisting of the exterior alteration of structures, dredging, drilling, dumping, filling, removal of any sand, gravel, or minerals, bulkheading, pile driving, placement of any obstruction, or any project of a permanent or temporary nature which interferes with the normal public use of the waters overlying lands subject to this Master Program at any state of water level.

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Dike – An embankment usually placed within or near the edge of a flood plain to protect adjacent lowlands from flooding.

Dock – A landing and moorage facility for watercraft that abuts the shoreline and does not include recreational decks, storage facilities, or other appurtenances.

Downdrift – The direction of movement of beach materials.

Dredging – The removal of earth, sand, gravel, silt, or debris from the bottom of a stream, river, lake, inlet, bay, or other water body and associated wetlands.

Drift Cell – A geographic unit along the shore. Each begins at a sediment source along an eroding shoreline, often at the base of “feeder bluffs.” Sediment is transported within the drift cell by currents and wind-blown waves, finally being deposited at an accretion shoreform (e.g. spits, sandbars, accretion beach) marking the end of the drift cell.

Dwelling unit – One or more rooms designed for occupancy by a person or family for living and sleeping purposes, containing kitchen facilities, lavatory, and closet, and rooms with internal accessibility, for use soley by the dwelling’s occupant; including but not limited to bachelor, efficiency and studio apartments, modular and manufactured homes.

Dwelling unit – multifamily – A residential structure designed for occupancy by more than one family household that is built in combination with other residential structures. Each dwelling unit in the structure is built exclusively for occupancy by a single family with no other uses except accessory activities. However, a multifamily structure may share one or more common walls and stack units on multiple floors. Multifamily residential structures may be clustered on a site, located on a lot line (zero lot line), and include stacked multiplex, garden apartments, and other prototypes.

Ecological Function – Work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem.

Ecosystem-wide processes – The suite of naturally occurring physical and geologic processes of erosion, transport, and deposition, an dspecific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions.

Enhancement – An action approved by the Shoreline Administrator and taken with the intention on probably effect of improving the condition and function of a shoreline area, such as improving environmental functions in an existing, viable shoreline habitat by means of increasing plant diversity, increasing wildlife habitat, installing environmentally compatible erosion controls, or removing nonindigenous or invasive plant or animal species. Or, alteration of an existing resource to improve or increase ecological characteristics and processes without degrading other existing functions.

Environmental Impacts – The effects or consequences of actions on the natural and built environments.

Erosion – The group of natural processes including weathering, dissolution, abrasion, corrosion, and transporting by which earth or rocky material is removed from any part of the earth’s surface. Erosion can be exacerbated by human action, such as earth-moving or clearing activities.

Esplanade – A level stretch of ground, especially a public walk or walkway.

Estuary – The portion of a shoreline in which marine water is measurably diluted with fresh water from streams and/or land drainage.

Exaction – The act or process of exacting; extortion; something exacted; especially a fee, reward or contribution demanded or levied with severity or injustice.

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Exemption – Development activity exempt from the requirements of the substantial development permit process of the SMA. An activity that is exempt from the substantial development provisions of the SMA must still comply with the policies and standards of the Act, and this Master Program. Condition use and/or variance permits may also be required even though the activity does not need a substantial development permit.

Extreme Low Tide – The lowest line of the land reached by a receding tide.

Fair Market Value – The open market bid price of a property and associated improvements. Fair market value for a proposed development is the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services, materials, and labor necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, and equipment and facility usage, transportation and contractor overhead and profit. The fair market value of a development shall include the fair market value of any donated, contributed, or found labor, equipment, or materials.

Feasible – An action such as a development project, mitigation, or preservation requirement, that meets all of the following conditions: a) the action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; b) the action provides a reasonable likelihood of achieving its intended purpose; and c) the action does not physically preclude achieving the project’s primary intended legal use.

Feeder Bluff – A bluff or cliff experiencing periodic erosion from waves, sliding or slumping, whose eroded earth, sand or gravel material is naturally transported (littoral drift) via a driftway to an accretion shoreform.

Fill – The addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land.

First Class Tidelands – The beds and shores of navigable tidal waters lying within or in front of the corporate limits of any city, or within one mile thereof, upon either side and between the line of the ordinary high tide and the inner harbor line, and within two miles of the corporate limits on either side and between the line of ordinary high tide and the line of extreme low tide.

Float – A floating structure, not connected to the shoreline, that is moored, anchored, or otherwise secured in the water. A float may be accessible via a ramp connected to the shore.

Flood Control – Any undertaking for the conveyance, control, and dispersal of floodwaters caused by abnormally high precipitation or stream overflow.

Floodplain – The one-hundred year flood plain, or land area susceptible to being inundated by stream derived waters with a one percent chance of being equaled or exceeded in any given year. The limits of this area are based on flood regulation ordinance maps or a reasonable method that meets the objectives of the SMA.

Functions and Values – See “Ecological Functions.”

Forest Practices – Any activity conducted on or directly related to forest land and related to growing, harvesting, or processing timber. These activities include, but are not limited to; road and trail construction, final and intermediate harvesting, precommercial thinning, reforestation, fertilization, prevention and suppression of disease and insects, salvage of trees, and brush control.

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Gabions – Structures composed of masses of rocks, rubble or masonry held tightly together usually by wire mesh so as to form blocks or walls. Sometimes used on heavy erosion areas to retard wave action or as foundations for breakwaters or jetties.

Geomorphology – The science dealing with the relief features of the earth and the processes influencing their formation.

Growth Management Act (GMA) – The Washington State Growth Management Act of 1990 and amended thereto. Codified in RCW 36.70A.

Grading – The movement or redistribution of soil, sand, rock, gravel, sediment or other material on a site in a manner that alters the natural contour of the land.

Grassy Swale – A vegetated drainage channel that is designed to remove pollutants from stormwater runoff through biofiltration.

Groin – A barrier-type structure extending from the backshore or streambank into a water body for the purpose of the protection of a shoreline and adjacent uplands by influencing the movement of water and/or deposition of materials.

Guidelines – Those standards adopted by the state prior to adoption of master programs. Such standards shall also provide criteria for local governments and the department in developing and amending master programs.

Habitat – The place or type of site where a plant or animal naturally or normally lives and grows.

Harbor Area – The area of navigable tidal waters as determined in Section 1, Article 15 of the Washington State Constitution, which shall be forever reserved for landings, wharves, streets, and other conveniences of navigation and commerce.

Hearing Examiner – The Hearing Examiner of the City of Port Orchard.

Hearings Board – The Shoreline Hearings Board established by the Shoreline Management Act.

Height, Building – See “building height.”

Hook – A spit or narrow cape of sand or gravel which turns landward at the terminal end.

Hydraulic Project Approval (HPA) – The permit issued by the Washington Department of Fish and Wildlife pursuant to RCW 75.20.100-140.

Hydric Soil – Soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper soil horizon(s), thereby influencing the growth of plants.

Industry – The production, processing, manufacturing, or fabrication of goods or materials. Warehousing and storage of materials is considered part of the industrial process.

Inner Harbor Line – A line located and established in navigable tidal waters between the line of ordinary high tide and the out harbor line and constituting the inner boundary of the harbor area.

In-kind Replacement – To replace natural or man-made features with features whose characteristics closely match those which were destroyed, displaced, degraded or removed by an activity.

Intertidal – The vertical zone between the average high and average low tides. The intertidal zone of a stationary structure or bank is subject to alternate wetting and drying.

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Jetty – A structure projecting out into the sea at the mouth of a river for the purpose of protecting a navigational channel, a harbor, or to influence water currents.

Landfill – The creation of dry upland areas by the deposition of sand, soil, or gravel into a body of water or wetland.

Levee – A large dike or embankment which is designed as part of a system to protect land from floods.

Littoral Drift – The mud, sand, or gravel material moved parallel to the shoreline in the nearshore zone by waves and currents.

Marina – A facility that provides launching, storage, supplies, moorage, and other accessory services for six or more pleasure and/or commercial water craft.

Master Program – See “shoreline master program.”

May – Means the action is acceptable, provided it conforms to the provisions of WAC 173-26.

Mitigation – The process of avoiding, reducing, or compensating for environmental impact(s) of a proposal.

Moorage – Any device or structure used to secure a vessel for temporary anchorage, but which is not attached to the vessel (such as a dock or buoy).

Mooring Buoy – A floating object anchored to the bottom of a water body that provides tie up capabilities for vessels.

Must – Means a mandate; the action is required.

Navigable Waters – Those waters lying waterward of an below the line of navigability on lakes not subject to tidal flow, or extreme low tide mark in navigable tidal waters, or the outer harbor line where harbor area has been created.

Non-conforming Use or Development – A shoreline use or structure or portion thereof which was lawfully constructed or established prior to the effective date of the SMA or local Shoreline Master Program or amendments, but no longer conforms to the policies and regulations of the Master Program.

Non-water-oriented Use – A use which has little or no relationship to the shoreline and is not considered a priority use under the SMA. All uses which do not meet the definition of water-dependent, water-related or water-enjoyment are classified as non-water-oriented uses. Examples may include, but are not limited to professional offices, gas stations, auto dealerships, convenience stores, general retail, etc.

Normal Maintenance – Those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition.

Normal Repair – To restore a development to a state comparable to its original condition within a reasonable period after decay or partial destruction, except where repair involves total replacement which is not common practice or causes substantial adverse effects upon the shoreline resource environment.

Noxious Weed – Any plant that is invasive, and is listed on the state noxious weed list in WAC 16-750.

Offshore – The sloping subtidal area seaward from low tide.

Offshore Moorage Device – An offshore device anchored or otherwise attached to the sea bottom used to moor watercraft.

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Off-site Compensation – Compensation for lost or degraded wetlands or other shoreline environmental resources by creating or restoring these areas on lands other than the site on which the impacts were located.

OHWM – See Ordinary High Water Mark

On-site Compensation – Compensation for lost or degraded wetlands or other shoreline environmental resources by creating or restoring these areas at or adjacent to the site on which the impacts were located.

One-hundred Year Flood – The maximum flood expected to occur during a one-hundred year period.

Open Space – A land area allowing view, use or passage that is almost entirely unobstructed by buildings, paved areas, or other manmade structures.

Ordinary High Water Mark (OHWM) – That mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the Department of Ecology; provided that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water.

Outer Harbor Line – A line located and established in navigable waters as provided in Section 1 of Article 15 of the Washington State Constitution, beyond which the State shall never sell or lease any rights whatsoever.

Over-water Structures – Structures built waterward of the OHWM including, but not limited to, piers, docks, jetties, dwelling units, and breakwaters.

Permit – A shoreline substantial development permit, variance, or conditional use permit, permit revision, or any combination thereof.

Person – An individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local government unit, however designated.

Pier – A fixed, pile-supported structure built over the water, used as a landing place for marine transport or for recreational purposes.

Pocket Beach – An isolated accretion beach bordered by shoreline modifications.

Pollutant – Any substance that has been or may be determined to cause or tend to cause injurious, corrupt, impure, or unclean conditions when discharged to surface water, air, ground, sanitary sewer system, or storm drainage system.

Priority Habitat – A habitat type with unique or significant value to one or more species. An area classified and mapped as priority habitat must have one or more of the following attributes;

Comparatively high fish or wildlife density

Comparatively high fish or wildlife species diversity

Fish spawning habitat

Important wildlife habitat

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Important fish or wildlife seasonal range

Important fish or wildlife movement corridor

Rearing and foraging habitat

Important marine mammal haul-out

Refugia habitat

Limited availability

High vulnerability to habitat alteration

Unique of dependent species

Shellfish bed

A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority habitat may also be described by a successional stage (such as, old growth and mature forests). Alternatively, a priority habitat may consist of a specific habitat element (such as a consolidated marine/estuarine shoreline, talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife.

Priority Species – means species requiring protective measures and/or management guidelines to

ensure their persistence at genetically viable population levels. Priority species are those that meet any

of the criteria listed below.

a) Criterion 1. State-listed or state proposed species. State-listed species are those native fish and

wildlife species legally designated as endangered (WAC 232-12-014), threatened (WAC 232-12-011), or

sensitive (WAC 232-12-011). State proposed species are those fish and wildlife species that will be

reviewed by the Department of Fish & Wildlife (POL-M-6001) for possible listing as endangered,

threatened, or sensitive according to the process and criteria defined in WAC 232-12-297.

b) Criterion 2. Vulnerable aggregations. Vulnerable aggregations include those species or groups of

animals susceptible to significant population declines, within a specific area or statewide, by virtue of

their inclination to congregate. Examples include heron colonies, seabird concentrations, and marine

mammal congregations.

c) Criterion 3. Species of recreational, commercial, and/or tribal importance. Native and nonnative

fish, shellfish, and wildlife species of recreational or commercial importance and recognized species

used for tribal ceremonial and subsistence purposes that are vulnerable to habitat loss or degradation.

d) Criterion 4. Species listed under the federal Endangered Species Act as either proposed, threatened,

or endangered.

Priority Use – The Shoreline Management Act and this Master Program give preference to shoreline uses that are water-dependent or water-related, provide public access and recreational use of the shoreline, as well as other uses which provide an opportunity for substantial numbers of people to enjoy the shoreline and to single-family residences.

Provisions – Policies, regulations, standards, guideline criteria or environment designations.

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Public Access – A means of physical approach to and along the shoreline available to the general public. This may also include visual access. Provision of public access is a non-profit activity.

Public Interest – The interest shared by citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected such as an effect on public property or on health, safety, or general welfare resulting from a use or development.

Public Use – To be made available daily to the general public on a first-come, first-served basis.

RCW – Revised Code of Washington

Recreational Facilities – Facilities such as parks, trails, pathways, campgrounds, and swim rafts that provide a means for relaxation, play, or amusement.

Revetment – A sloped shoreline structure built to protect an existing eroding shoreline or newly placed fill against currents and wave action. Revetments are most commonly built of randomly placed boulders (riprap) but may also be built of sand cement bags, paving, or building blocks, gabions, or other systems and materials.

Riprap – A loose assemblage of broken rock or concrete erected in or near water for protection from wave and current action.

Rock Weir – A structure made of loose rock that is designed to control sediment movement, water flow, or both. A rock weir adjacent to a shoreline is typically formed by placing rock in a line outward from the shore, with the top of the rock embankment below the water level to restrict current movements parallel to the shore without completely blocking flow.

SEPA – State Environmental Policy Act

SEPA Checklist – A form, available at the City, which is required of some projects to identify the probable significant adverse impacts on the environment. The checklist will assist the responsible official with making a determination of significance or nonsignificance.

Sea Wall – A bulkhead, for the primary purpose of armoring the shore from erosion by waves, which also may incidentally retain uplands or fills. Sea walls are usually larger than bulkheads because they are designed to resist the full force of waves.

Setbacks – The distance between buildings or uses and their lot lines as established in the Land Use Regulatory Code or the Shoreline Master program.

Shorelands – Those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark, including all wetlands associated with the shoreline which are subject to the provisions of the Shoreline Management Act and this Master Program, and to determination by the Department of Ecology.

Shoreline Administrator – See “Administrator.”

Shoreline Permit – See “Permit.”

Shorelines – All the water areas within the state, including reservoirs, and their associated wetlands, together with all underlying lands, EXCEPT 1) shorelines of statewide significance; 2) shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less, and the associated wetlands; and 3)shorelines on lakes of less than 20 acres in size and their associated wetlands.

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Shorelines of Statewide Significance – Shorelines designated by the Shoreline Management act of 1971. Sinclair Inlet and adjacent saltwaters lying seaward of the extreme low tide are identified as a Shoreline of Statewide Significance.

Shorelines Hearings Board – A state-level quasi-judicial body, created by the Shoreline Management Act, which hears appeals by any aggrieved party on the issuance of a shoreline permit, enforcement penalty and appeals by local government of DOE approval of master programs, rules, regulations, guidelines or designations under the SMA.

Shorelines of the State – The total of all shorelines and shorelines of statewide significance.

Sign – Any visual communication device, structure, fixture, placard, painted surface, awning, banner, or balloon using graphics, lights, symbols, and/or written copy designated specifically for the purpose of advertising, identifying, or promoting the interest of any person, institution, business, event, product, goods, or services; provided, that the same is visible from any public right-of-way or waterway.

SMA – See Shoreline Management Act.

State Environmental Policy Act (SEPA) – SEPA requires state agencies, local governments and other lead agencies to consider environmental impacts when making most types of permit decisions, especially for development proposals of a significant scale. As part of the SEPA process, EISs may be required to be prepared and public comments solicited.

Stream – A body of running water that moves over the land surface in a channel or bed.

Structure – A permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels.

Substantial Development – Any developments of which the total cost or fair market value exceeds $5000, or any development which materially interferes with the normal public use of the water or shorelines of the state; EXCEPT as specifically exempted pursuant to RCW 90.58.030(3e).

Taking – The act of one who takes; something taken, as a catch of fish; informal receipts, especially of money; a government action assuming ownership of real property by eminent domain.

Upland – The area above and landward of the ordinary high water mark.

Use – The purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained and shall include any manner of performance or operation of such activity with respect to the provision of this title. The definition of “use” also includes the definition of “development.”

Utility – A service or facility that produces, transmits, stores, processes, or disposes of electrical power, gas, water, sewage, communications, oil, and the like. Utilities have been categorized as primary, accessory, and personal wireless facilities.

a) Primary utilities are services and facilities that produce, transmit, carry, store, process or dispose of power gas, water, sewage, communications (except wireless facilities), oil and the like.

b) Accessory utilities are small-scale distribution services directly serving a permitted shoreline use.

c) Personal wireless facilities include any unstaffed facility for the transmission and/or reception of personal wireless services. This can consist of an equipment shed or cabinet, a support

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structure, or an existing structure to achieve the necessary elevation, and the antenna or antenna array.

Variance – To grant relief from specific bulk, dimensional or performance standards set forth in the applicable master program and not a means to vary a use of a shoreline.

Vegetation Removal – The removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes impacts to functions provided by such vegetation. The removal of invasive or noxious weeks does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal.

Water-dependent Use – A use which cannot exist in any other location than on the water and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water-dependent uses may include, but are not limited to: 1) Public or private terminal/transfer facilities 2) Ferry terminals 3) Ship construction and repair facilities 4) Marinas and boat moorages 5) Tug and barge companies 6) Water transport dependent industries (e.g. pulp and lumber mills) 7) Fish processing plants requiring water transport 8) Float plane facilities 9) Aquaculture 10) Sewer outfalls Water-enjoyment Use – A use providing passive and active recreation for a large number of people along shorelines. Through location, design, and operation, the use also provides the ability for the public to interact with the shoreline. To qualify as a water enjoyment use, the use much be open to the public with most, if not all, of the shoreline devoted to fostering human interaction with the shoreline. Water enjoyment uses include, but are not limited to: 1) Public waterfront parks 2) Public Beaches 3) Aquariums 4) Public restaurants 5) Resorts and convention centers with facilities open to the public

6) Retail and mixed commercial developments designed to enhance a waterfront location through expanse of views, amenities oriented to pedestrians, and other aesthetic design features.

Water-oriented Use – Any one or a combination of water dependent, water related, or water enjoyment uses.

Water-related Use – A use or a portion of a use which is not intrinsically dependent on a waterfront location but whose operation cannot occur economically without a waterfront location. Water-related uses include, but are not limited to: 1) Warehousing of goods transported by water 2) Seafood processing plants 3) Gravel storage when transported by barge 4) Log storage

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Wetlands or Wetland Areas – Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support , and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands; and (11). The definition set forth in Chapter 90.58 shall also apply as used herein.

Wireless Facilities – See “Utilities.”

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Chapter 20.170

FLOOD DAMAGE PREVENTION

Sections: Article I. General Provisions 20.170.010 Statutory authorization. 20.170.020 Findings of fact. 20.170.030 Statement of purpose. 20.170.040 Methods of reducing flood losses. 20.170.045 FIRM Zones AE and A1-30 with base flood elevations but no floodways. 20.170.050 Lands to which this chapter applies. 20.170.060 Basis for establishing the areas of special flood hazard. 20.170.070 Penalties for noncompliance. 20.170.080 Abrogation and greater restrictions. 20.170.090 Interpretation. 20.170.100 Warning and disclaimer of liability. Article II. Definitions 20.170.110 Definitions. Article III. Administration 20.170.120 Development permit required. 20.170.130 Application for development permit. 20.170.140 Designation of the city building official. 20.170.150 Duties and responsibilities of the city building official. 20.170.160 Permit review. 20.170.170 Use of other base flood data. 20.170.180 Information to be obtained and maintained. 20.170.190 Alteration of watercourses. 20.170.200 Interpretation of FIRM boundaries. Article IV. Variances 20.170.210 Appeal board. 20.170.220 Conditions for variances. Article V. Provisions for Flood Hazard Reduction 20.170.230 General standards. 20.170.240 Anchoring. 20.170.250 Construction materials and methods. 20.170.260 Utilities. 20.170.270 Subdivision proposals. 20.170.280 Review of building permits. 20.170.290 Specific standards. 20.170.300 Residential construction. 20.170.310 Nonresidential construction. 20.170.320 Critical facility. 20.170.330 Manufactured homes. 20.170.335 Recreational vehicles.

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20.170.340 Floodways. 20.170.350 Wetlands management. 20.170.360 Coastal high hazard areas.

Article I. General Provisions

20.170.010 Statutory authorization.

The Legislature of the state of Washington has in RCW Title 35 delegated the responsibility to local

governmental units to adopt regulations designed to promote the public health, safety and general

welfare of its citizenry. Therefore, the city council of the city does ordain as follows in this chapter.

20.170.020 Findings of fact.

(1) The flood hazard areas of the city are subject to periodic inundation which results in loss of life and

property, health and safety hazards, disruption of commerce and governmental services, extraordinary

public expenditures for flood protection and relief, and impairment of the tax base, all of which

adversely affect the public health, safety and general welfare.

(2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood

hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in

other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood

damage also contribute to the flood loss.

20.170.030 Statement of purpose.

It is the purpose of this chapter to promote the public health, safety and general welfare, and to

minimize public and private losses due to flood conditions in specific areas by provisions designed:

(1) To protect human life and health;

(2) To minimize expenditure of public money and costly flood control projects;

(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken

at the expense of the general public;

(4) To minimize prolonged business interruptions;

(5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone

and sewer lines, streets and bridges located in areas of special flood hazard;

(6) To help maintain a stable tax base by providing for the sound use and development of areas of

special flood hazard so as to minimize future flood blight areas;

(7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their

actions.

20.170.040 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:

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(1) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or

erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected

against flood damage at the time of initial construction;

(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers,

which help accommodate or channel floodwaters;

(4) Controlling filling, grading, dredging and other development which may increase flood damage; and

(5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters

or may increase flood hazards in other areas.

20.170.045 FIRM Zones AE and A1-30 with base flood elevations but no floodways.

In areas with base flood elevations (but a regulatory floodway has not been designated), no new

construction, substantial improvements, or other development (including fill) shall be permitted within

Zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of

the proposed development, when combined with all other existing and anticipated development, will

not increase the water surface elevation of the base flood more than one foot at any point within the

community.

20.170.050 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.

20.170.060 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and

engineering report entitled “The Flood Insurance Study for the Kitsap County, Washington and

Incorporated Areas,” dated November 4, 2010, and any revisions thereto, with accompanying Flood

Insurance Maps, is adopted by reference and declared to be a part of this chapter. The best available

information for flood hazard area identification as outlined in POMC 20.170.170 shall be the basis for

new regulation until a new FIRM is issued that incorporates data utilized under POMC 20.170.170. The

Flood Insurance Study is on file at the city clerk’s office: 216 Prospect Street, Port Orchard, WA 98366.

20.170.070 Penalties for noncompliance.

No structure or land shall hereafter be constructed, located, extended, converted or altered without full

compliance with the terms of this chapter and other applicable regulations. Violation of the provisions

of this chapter by failure to comply with any of its requirements (including violations of conditions and

safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who

violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be

fined not more than $500.00 or imprisoned for not more than 180 days, or both, for each violation, and

in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent

the city from taking such other lawful action as is necessary to prevent or remedy any violation.

20.170.080 Abrogation and greater restrictions.

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This chapter is not intended to repeal, abrogate or repair any existing easements, covenants or deed

restrictions. However, where this chapter and another ordinance, easement, covenant or deed

restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

20.170.090 Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the governing body; and

(3) Deemed neither to limit nor repeal any other powers granted under state statutes.

20.170.100 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory

purposes and is based on scientific and engineering considerations. Larger floods can and will occur on

rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not

imply that land outside the areas of special flood hazards or uses permitted within such areas will be

free from flooding or flood damages. This chapter shall not create liability on the part of the city, any

officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result

from reliance on this chapter or any administrative decision lawfully made hereunder.

Article II. Definitions

20.170.110 Definitions.

Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so

as to give them the meanings they have in common usage and to give this chapter its most reasonable

application.

(1) “Appeal” means a request for a review of the city building official’s interpretation of any provision of

this chapter or a request for a variance.

(2) “Area of shallow flooding” means a designated AO or AH zone on the Flood Insurance Rate Map

(FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the

path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is

characterized as sheet flow and AH indicates ponding.

(3) “Area of special flood hazard” means the land in the floodplain within a community subject to a one

percent or greater chance of flooding in any given year. Designation on maps always includes the letters

A or V.

(4) “Base flood” means the flood having a one percent chance of being equated or exceeded in any

given year. Also referred to as the “100-year flood.” Designation on maps always includes the letters A

or V.

(5) “Basement” means any area of the building having its floor sub-grade (below ground level) on all

sides.

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(6) “Breakaway wall” means a wall that is not part of the structural support of the building and is

intended through its design and construction to collapse under specific lateral loading forces, without

causing damage to the elevated portion of the building or supporting foundation structure.

(7) “Coastal high hazard area” means an area of special flood hazard extending from offshore to the

inland limit of a primary frontal dune along an open coast and any other area subject to high velocity

wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1-30, VE or V.

(8) “Critical facility” means a facility for which even a slight chance of flooding might be too great.

Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and

emergency response installations, and installations which produce, use or store hazardous materials or

hazardous waste.

(9) “Development” means any manmade change to improved or unimproved real estate, including but

not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling

operations or storage of equipment or materials located within the area of special flood hazard.

(10) “Elevated building” means, for insurance purposes, a nonbasement building that has its lowest

elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or

columns.

(11) “Elevation certificate” means the official form (FEMA Form 81-31) used to track development,

provide elevation information necessary to ensure compliance with community floodplain management

ordinances, and determine the proper insurance premium rate with Section B completed by community

officials.

(12) “Existing manufactured home park or subdivision” means a manufactured home park or subdivision

for which the construction of facilities for servicing the lots on which the manufactured homes are

affixed (including, at a minimum, the installation of utilities, the construction of street, and either final

site grading or the pouring of concrete pads) is completed before the effective date of the adopted

floodplain management regulations.

(13) “Expansion to an existing manufactured home park or subdivision” means the preparation of

additional sites by the construction of facilities for servicing lots on which manufactured homes are to

be affixed (including the installation of utilities, the construction of streets, and either the final site

grading or the pouring of concrete pads).

(14) “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of

normally dry land areas from:

(a) The overflow of inland or tidal waters; and/or

(b) The unusual and rapid accumulation of runoff of surface waters from any source.

(15) “Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Insurance

Administration has delineated both the areas of special flood hazards and the risk premium zones

applicable to the community.

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(16) “Flood Insurance Study” means the official report provided by the Federal Insurance Administration

that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the

base flood.

(17) “Floodway” means the channel of a river or other watercourse and the adjacent land areas that

must be reserved in order to discharge the base flood without cumulatively increasing the water surface

elevation more than one foot.

(18) “Increased cost of compliance” means a flood insurance claim payment up to $30,000 directly to a

property owner for the cost to comply with floodplain management regulations after a direct physical

loss caused by a flood. Eligibility for an ICC claim can be through a single instance of “substantial

damage” or as a result of “cumulative substantial damage.”

(19) “Lowest floor” means the lowest floor of the lowest enclosed areas (including basement). An

unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage,

in an area other than a basement area, is not considered a building’s lowest floor; provided, that such

enclosure is not built so as to render the structure in violation of the applicable nonelevation design

requirements of this chapter found in POMC 20.170.300(2).

(20) “Manufactured home” means a structure, transportable in one or more sections, which is built on a

permanent chassis and is designed for use with or without a permanent foundation when connected to

the required utilities. For floodplain management purposes, the term “manufactured home” also

includes park trailers, travel trailers and other similar vehicles placed on site for greater than 180

consecutive days. For insurance purposes, the term “manufactured home” does not include park

trailers, travel trailers and other similar vehicles.

(21) “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided

into two or more manufactured home lots for rent or sale.

(22) “New construction” means structures for which the start of construction commenced on or after

the effective date of the ordinance codified in this chapter.

(23) “Start of construction” includes substantial improvements, and means the date the building permit

was issued, provided the actual start of construction, repair, reconstruction, placement or other

improvement was within 180 days of the permit date. The “actual start” means either the first

placement of permanent construction of a structure on a site, such as the pouring of slab or footings,

the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the

placement of a manufactured home on a foundation. Permanent construction does not include land

preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or

walkways; nor does it include excavation for a basement, footings, piers or foundation or the erection of

temporary forms; nor does it include the installation on the property of accessory buildings, such as

garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial

improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor or

other structural part of a building, whether or not that alteration affects the external dimensions of the

building.

(24) “Structure” means a walled and roofed building, including a gas or liquid storage tank that is

principally above ground.

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(25) “Substantial damage” means damage of any origin sustained by a structure whereby the cost of

restoring the structure to its before damaged condition would equal or exceed 50 percent of the market

value of the structure before the damage occurred.

(26) “Substantial improvement” means any repair, reconstruction or improvement of a structure the

cost of which equals or exceeds 50 percent of the market value of the structure either:

(a) Before the improvement or repair is started; or

(b) If the structure has been damaged and is being restored, before the damage occurred.

For the purposes of this definition, “substantial improvement” is considered to occur when the first

alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not

that alteration affects the external dimensions of the structure.

The term does not, however, include either:

(a) Any project for improvement of a structure to correct pre-cited existing violations of state or local

health, sanitary, or safety code specifications which have been previously identified by the local code

enforcement official and which are the minimum necessary to assure safe living conditions; or

(b) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of

Historic Places.

(27) “Variance” means a grant of relief from the requirements of this chapter which permits

construction in a manner that would otherwise be prohibited by this chapter.

(28) “Water-dependent” means a structure for commerce or industry which cannot exist in any other

location and is dependent on the water by reason of the intrinsic nature of its operations.

(29) “Recreational vehicle” means a vehicle:

(a) Built on a single chassis;

(b) Four hundred square feet or less when measured at the largest horizontal projection;

(c) Designed to be self-propelled or permanently towable by a light duty truck; and

(d) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for

recreational, camping, travel, or seasonal use.

Article III. Administration

20.170.120 Development permit required.

A development permit shall be obtained before construction or development begins within any area of

special flood hazard established in POMC 20.170.060. The permit shall be for all structures including

manufactured homes, as set forth in POMC 20.170.110, definitions, and for all development including fill

and other activities, also as set forth in the definitions, POMC 20.170.110.

20.170.130 Application for development permit.

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Application for a development permit shall be made on forms furnished by the city building official and

may include but not be limited to plans in duplicate drawn to scale showing the nature, location,

dimensions and elevations of the area in question; existing or proposed structures, fill, storage of

materials, drainage facilities and the location of the foregoing. Specifically, the following information is

required:

(1) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

(2) Elevation in relation to mean sea level to which any structure has been floodproofed;

(3) Certification by a registered professional engineer or architect that the floodproofing methods for

any nonresidential structure meet the floodproofing criteria in POMC 20.170.310; and

(4) Description of the extent to which a watercourse will be altered or relocated as a result of proposed

development.

20.170.140 Designation of the city building official.

The city building official is appointed to administer and implement this chapter by granting or denying

development permit applications in accordance with its provisions.

20.170.150 Duties and responsibilities of the city building official.

Duties of the city building official shall include but not be limited to those in POMC 20.170.160 through

20.170.200.

20.170.160 Permit review.

The city building official shall:

(1) Review all development permits to determine that the permit requirements of this chapter have

been satisfied.

(2) Review all development permits to determine that all necessary permits have been obtained from

those federal, state or local governmental agencies from which prior approval is required.

(3) Review all development permits to determine if the proposed development is located in the

floodway. If located in the floodway, assure that the provisions of POMC 20.170.340 are met.

20.170.170 Use of other base flood data.

When base flood elevation data has not been provided in accordance with POMC 20.170.060, Basis for

establishing the areas of special flood hazard, the city building official shall obtain, review and

reasonably utilize any base flood elevation and floodway data available from a federal, state or other

source, in order to administer POMC 20.170.290 through 20.170.330, specific standards, and

20.170.340, floodways.

20.170.180 Information to be obtained and maintained.

The city building official shall:

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(1) Where base flood elevation data is provided through the Flood Insurance Study or required as in

POMC 20.170.170, obtain and record the actual elevation (in relation to mean sea level) of the lowest

floor (including basement) of all new or substantially improved structures, and whether or not the

structure contains a basement.

(2) For all new or substantially improved floodproofed structures:

(a) Verify and record the actual elevation (in relation to mean sea level); and

(b) Maintain the floodproofing certifications required in POMC 20.170.130(3).

(3) Maintain for public inspection all records pertaining to the provisions of this chapter.

20.170.190 Alteration of watercourses.

The city building official shall:

(1) Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a

watercourse, and submit evidence of such notification to the Federal Insurance Administration.

(2) Require that maintenance is provided within that altered or relocated portion of said watercourse so

that the flood-carrying capacity is not diminished.

20.170.200 Interpretation of FIRM boundaries.

The city building official shall make interpretations where needed as to exact location of the boundaries

of the areas of special flood hazard (for example, where there appears to be a conflict between a

mapped boundary and actual field conditions). The person contesting the location of the boundary shall

be given a reasonable opportunity to appeal the interpretation as provided in Article IV of this chapter.

Article IV. Variances

20.170.210 Appeal board.

(1) The appeal board as established by the city council shall hear and decide appeals and requests for

variances from the requirements of this chapter.

(2) The appeal board shall hear and decide appeals when it is alleged there is an error in any

requirement, decision or determination made by the city building official in the enforcement or

administration of this chapter.

(3) Those aggrieved by the decision of the appeal board, or any taxpayer, may appeal such decision to

the superior court, as provided in RCW Title 35.

(4) In passing upon such applications, the appeal board shall consider all technical evaluations, all

relevant factors, standards specified in other sections of this chapter, and:

(a) The danger that materials may be swept onto other lands to the injury of others;

(b) The danger to life and property due to flooding or erosion damage;

(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such

damage on the individual owner;

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(d) The importance of the services provided by the proposed facility to the community;

(e) The necessity to the facility of a waterfront location, where applicable;

(f) The availability of alternative locations for the proposed use which are not subject to flooding or

erosion damage;

(g) The compatibility of the proposed use with existing and anticipated development;

(h) The relationship of the proposed use to the comprehensive plan and floodplain management

program for that area;

(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(j) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and

the effects of wave action, if applicable, expected at the site; and

(k) The costs of providing governmental services during and after flood conditions, including

maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems,

and streets and bridges.

(5) Upon consideration of the factors of subsection (4) of this section and the purposes of this chapter,

the appeal board may attach such conditions to the granting of variances as it deems necessary to

further the purposes of this chapter.

(6) The city building official shall maintain the records of all appeal actions and report any variances to

the Federal Insurance Administration upon request.

20.170.220 Conditions for variances.

(1) Generally, the only condition under which a variance from the elevation standard may be issued is

for new construction and substantial improvements to be erected on a lot of one-half acre or less in size

contiguous to and surrounded by lots with existing structures constructed below the base flood level,

providing the items in POMC 20.170.210(4)(a) through (4)(k) have been fully considered. As the lot size

increases, the technical justification required for issuing the variance increases.

(2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on

the National Register of Historic Places or the State Inventory of Historic Places, without regard to the

procedures set forth in this section.

(3) Variances shall not be issued within a designated floodway if any increase in flood levels during the

base flood discharge would result.

(4) Variances shall only be issued upon a determination that the variance is the minimum necessary,

considering the flood hazard, to afford relief.

(5) Variances shall only be issued upon:

(a) A showing of good and sufficient cause;

(b) A determination that failure to grant the variance would result in exceptional hardship to the

applicant;

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(c) A determination that the granting of a variance will not result in increased flood heights, additional

threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization

of the public as identified in POMC 20.170.210(4), or conflict with existing local laws or ordinances.

(6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning

law principle that they pertain to a physical piece of property; they are not personal in nature and do

not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address

small lots in densely populated residential neighborhoods. As such, variances from the flood elevations

should be quite rare.

(7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser

degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such

action will have low damage potential, complies with all other variance criteria except subsection (1) of

this section, and otherwise complies with POMC 20.170.240 and 20.170.250.

(8) Any applicant to whom a variance is granted shall be given written notice that the structure will be

permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of

flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor

elevation. (

Article V. Provisions for Flood Hazard Reduction

20.170.230 General standards.

In all areas of special flood hazards, the standards in POMC 20.170.240 through 20.170.280 are

required.

20.170.240 Anchoring.

(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse

or lateral movement of the structure.

(2) All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral

movement, and shall be installed using methods and practices that minimize flood damage. Anchoring

methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors

(Reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional

techniques).

20.170.250 Construction materials and methods.

(1) All new construction and substantial improvements shall be constructed with materials and utility

equipment resistant to flood damage.

(2) All new construction and substantial improvements shall be constructed using methods and practices

that minimize flood damage.

(3) Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities

shall be designed and/or otherwise elevated or located so as to prevent water from entering or

accumulating within the components during conditions of flooding.

20.170.260 Utilities.

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(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration

of floodwaters into the system;

(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration

of floodwaters into the systems and discharge from the systems into floodwaters;

(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from

them during flooding; and

(4) Water wells shall be located on high ground that is not in a floodway.

20.170.270 Subdivision proposals.

(1) All subdivision proposals shall be consistent with the need to minimize flood damage;

(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and

water systems located and constructed to minimize flood damage;

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood

damage; and

(4) Where base flood elevation data has not been provided or is not available from another

authoritative source, it shall be generated for subdivision proposals and other proposed developments

which contain at least 50 lots or five acres (whichever is less).

20.170.280 Review of building permits.

Where elevation data is not available either through the Flood Insurance Study or from another

authoritative source (POMC 20.170.170), applications for building permits shall be reviewed to assure

that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local

judgment and includes use of historical data, high water marks, photographs of past flooding, etc.,

where available. Failure to elevate at least two feet above grade in these zones may result in high

insurance rates.

20.170.290 Specific standards.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in

POMC 20.170.060, basis for establishing the areas of special flood hazard, or POMC 20.170.170, use of

other base flood data, the provisions in POMC 20.170.300 through 20.170.330 are required.

20.170.300 Residential construction.

(1) New construction and substantial improvements of any residential structure shall have the lowest

floor, including basement, elevated one foot or more above base flood elevation.

(2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be

designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry

and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered

professional engineer or architect or must meet or exceed the following minimum criteria:

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(a) A minimum of two openings having a total net area of not less than one square inch for every square

foot of enclosed area subject to flooding shall be provided.

(b) The bottom of all openings shall be no higher than one foot above grade.

(c) Openings may be equipped with screens, louvers or other coverings or devices; provided, that they

permit the automatic entry and exit of floodwaters.

20.170.310 Nonresidential construction.

New construction and substantial improvement of any commercial, industrial or other nonresidential

structure shall either have the lowest floor, including basement, elevated one foot or more above the

level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

(1) Be floodproofed so that below one foot above the base flood level the structure is watertight with

walls substantially impermeable to the passage of water;

(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of

buoyancy;

(3) Be certified by a registered professional engineer or architect that the design and methods of

construction are in accordance with accepted standards of practice for meeting provisions of this

subsection based on their development and/or review of the structural design, specifications and plans.

Such certifications shall be provided to the official as set forth in POMC 20.170.180(2);

(4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for

space below the lowest floor as described in POMC 20.170.300(2);

(5) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will

be based on rates that are one foot below the floodproofed level (e.g., a building constructed to one

foot above the base flood level will be rated at the base flood level).

20.170.320 Critical facility.

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the

base floodplain. Construction of new critical facilities shall be permissible within the base floodplain if no

feasible alternative site is available. Critical facilities constructed within the base floodplain shall have

the lowest floor elevated to three feet or more above the level of the base flood elevation at the site or

to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should

also be protected to the height utilized above. Floodproofing and sealing measures must be taken to

insure that toxic substances will not be displaced by or released into floodwaters. Access routes

elevated to or above the level of the base floodplain shall be provided to all critical facilities to the

extent possible.

20.170.330 Manufactured homes.

All manufactured homes to be placed or substantially improved within zones A1-30, AH and AE shall be

elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot or

more above the base flood elevation and be securely anchored to an adequately anchored foundation

system in accordance with the provisions of POMC 20.170.240(2).

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20.170.335 Recreational vehicles.

Recreational vehicles placed on sites are required to either:

(1) Be on the site for fewer than 100 consecutive days;

(2) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by

quick-disconnect utilities and security devices, and have no permanently attached additions; or

(3) Meet the requirements of POMC 20.170.330 and the elevation and anchoring requirements for

manufactured homes.

20.170.340 Floodways.

Located within areas of special flood hazard established in POMC 20.170.060 are areas designated as

floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which

carry debris, potential projectiles and erosion potential, the provisions in this section apply.

(1) Prohibit encroachments, including fill, new construction, substantial improvements and other

development, unless certification by a registered professional engineer or architect is provided

demonstrating through hydrologic and hydraulic analyses performed in accordance with standard

engineering practice that encroachments shall not result in any increase in flood levels during the

occurrence of the base flood discharge.

(2) Construction or reconstruction of residential structures is prohibited within designated floodways,

except for:

(a) Repairs, reconstruction or improvements to a structure which do not increase the ground floor areas;

and

(b) Repairs, reconstruction or improvements to a structure the cost of which does not exceed 50 percent

of the market value of the structure either:

(i) Before the repair, reconstruction or improvement is started; or

(ii) If the structure has been damaged and is being restored, before the damage occurred. Any project

for improvement of a structure to correct existing violations of state or local health, sanitary, or safety

code specifications which have been identified by the local code enforcement official and which are the

minimum necessary to assure safe living conditions, or to structures identified as historic places, may be

excluded in the 50 percent.

Work done on structures to comply with existing health, sanitary or safety codes or to structures

identified as historic places shall not be included in the 50 percent.

(3) If subsection (1) of this section is satisfied, all new construction and substantial improvements shall

comply with all applicable flood hazard reduction provisions of Article V of this chapter, Provisions for

Flood Hazard Reduction.

20.170.350 Wetlands management.

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To the maximum extent possible avoid the short and long term adverse impacts associated with the

destruction or modification of wetlands, especially those activities which limit or disrupt the ability of

the wetlands to alleviate flooding impacts. The following process should be implemented:

(1) Review proposals for development within base floodplains for their possible impacts on wetlands

located within the floodplain.

(2) Ensure that development activities in or around wetlands do not negatively affect public safety,

health and welfare by disrupting the wetlands’ ability to reduce flood and storm drainage.

(3) Request technical assistance from the Department of Ecology in identifying wetland areas. Existing

wetland map information from the National Wetlands Inventory (NWI) can be used in conjunction with

the community’s FIRM to prepare an overlay zone indicating critical wetland areas deserving special

attention.

20.170.360 Coastal high hazard areas.

Located within areas of special flood hazard established in POMC 20.170.060 are coastal high hazard

areas, designated as Zones V1-30, VE and/or V. These areas have special flood hazards associated with

high velocity waters from surges and, therefore, in addition to meeting all provisions in this chapter, the

following provisions shall also apply:

(1) All new construction and substantial improvements in Zones V1-30 and VE (V if base flood elevation

data is available) on the community’s FIRM shall be elevated on pilings and columns so that:

(a) The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or

columns) is elevated one foot or more above the base flood level; and

(b) The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse

and lateral movement due to the effects of wind and water loads acting simultaneously on all building

components. Wind and water loading values shall each have a one percent chance of being equaled or

exceeded in any given year (100-year mean recurrence interval).

A registered professional engineer or architect shall develop or review the structural design,

specifications and plans for the construction, and shall certify that the design and methods of

construction to be used are in accordance with accepted standards of practice for meeting the

provisions of subsections (1)(a) and (b) of this section.

(2) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of

the lowest floor (excluding pilings and columns) of all new and substantially improved structures in

Zones V1-30, VE, and V on the community’s FIRM and whether or not such structures contain a

basement. The city shall maintain a record of all such information.

(3) All new construction within Zones V1-30, VE, and V on the community’s FIRM shall be located

landward of the reach of mean high tide.

(4) Provide that all new construction and substantial improvements within Zones V1-30, VE, and V on

the community’s FIRM have the space below the lowest floor either free of obstruction or constructed

with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse

under wind and water loads without causing collapse, displacement, or other structural damage to the

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elevated portion of the building or supporting foundation system. For the purposes of this section, a

breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20

pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20

pounds per square foot (either by design or when so required by local or state codes) may be permitted

only if a registered professional engineer or architect certifies that the design proposed meets the

following conditions:

(a) Breakaway wall collapse shall result from water load less than that which would occur during the

base flood; and

(b) The elevated portion of the building and supporting foundation system shall not be subject to

collapse, displacement, or other structural damage due to the effects of wind and water loads acting

simultaneously on all building components (structural and nonstructural). Maximum wind and water

loading values to be used in this determination shall each have a one percent chance of being equaled

or exceeded in any given year (100-year mean recurrence interval).

If breakaway walls are utilized, such enclosed space shall be usable solely for parking of vehicles,

building access, or storage. Such space shall not be used for human habitation.

(5) Prohibit the use of fill for structural support of buildings within Zones V1-30, VE, and V on the

community’s FIRM.

(6) Prohibit manmade alteration of sand dunes within Zones V1-30, VE, and V on the community’s FIRM

which would increase potential flood damage.

(7) All manufactured homes to be placed or substantially improved within Zones V1-30, V, and VE on the

community’s FIRM on sites:

(a) Outside of a manufactured home park or subdivision;

(b) In a new manufactured home park or subdivision;

(c) In an expansion to an existing manufactured home park or subdivision; or

(d) In an existing manufactured home park or subdivision on which a manufactured home has incurred

“substantial damage” as the result of a flood;

shall meet the standards of subsections (1) through (6) of this section and manufactured homes placed

or substantially improved on other sites in an existing manufactured home park or subdivision within

Zones V1-30, V, and VE on the FIRM shall meet the requirements of POMC 20.170.330.

(8) Recreational vehicles placed on sites within Zones V1-30, V, and VE on the community’s FIRM either:

(a) Be on the site for fewer than 180 consecutive days; or

(b) Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only

by quick disconnect type utilities and security devices, and have no permanently attached additions; or

(c) Meet the requirements of POMC 20.170.120, Development permit required, and subsections (1)

through (6) of this section.

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Chapter 20.172

HAZARDOUS MATERIALS FACILITY WARNING SYSTEM

Sections:

20.172.010 Lock boxes – Required. 20.172.020 Lock boxes – Specifications – Location. 20.172.030 Lock boxes – Security. 20.172.040 Lock boxes – Contents. 20.172.050 Lock boxes – Changes to contents. 20.172.060 Enforcement. 20.172.070 Violation – Penalties.

20.172.010 Lock boxes – Required.

Any facility that uses, stores, handles, or manufactures reportable quantities of hazardous materials as

defined by Environmental Protection Agency 40 CFR Parts 300 and 355 (Extremely Hazardous

Substances List and Threshold Planning Quantities; Emergency Planning and Release Notification

Requirements) as now authorized or hereafter amended that apply to the facility shall provide approved

“lock boxes” for storage of Material Safety Data Sheets (MSDSs).

20.172.020 Lock boxes – Specifications – Location.

The lock boxes shall be weathertight and marked with the letters MSDS in blue reflective material not

less than two inches high with a one-half-inch stroke on a white background. The “lock boxes” shall be

located outside the facility and on the address side of the building when possible.

20.172.030 Lock boxes – Security.

The lock box shall be secured with a lock approved by the local fire authority.

20.172.040 Lock boxes – Contents.

The “lock box” shall also contain a 24-hour contact list of facility personnel knowledgeable about safety

procedures for such materials, and the location of emergency firefighting and spill control equipment

on-site.

20.172.050 Lock boxes – Changes to contents.

The facility operator shall update documents within the “lock box” as changes are made.

20.172.060 Enforcement.

The fire chief of the fire authority or his designee shall enforce this chapter.

20.172.070 Violation – Penalties.

Any person, business, company or corporation violating this chapter by failing to erect a “lock box” as

required by POMC 20.172.010 through 20.172.050 shall be liable for a civil fine of $500.00

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