ORD 92-07 ENVIRONMENTALLY SENSITIVE AREAS ORDINANCECity of Bainbridge Island
FINAL
ENVIR ONMENTALL Y
SENSITIVE AREAS
ORDINANCE
February 20, 1992
The preparation of this document was financially aided through a grant
from the Washington State Department of Ecology with funds
appropriated for the Growth Management Act, Section 4, Chapter 17,
Laws of 1990.
16.20.010 Findings .......................................... 1
16.20.020 Definitions ......................................... 2
16.20.030 General Provisions ................................... 12
16.20.040 Application requirements .............................. 13
16.20.050 Aquifer Recharge Areas ................................ 14
16.20.060 Fish and Wildlife Habitat Conservation ...................... 15
16.20.070 Frequently Flooded Areas ............................... 16
16.20.080 Geologically Hazardous Areas ............................ 17
16.20.090 Wetlands and Streams ................................. 20
16.20.100 Minimizing Impacts to Critical Areas ........................ 29
16.20.110 Mitigation Plan Requirements ............................ 29
16.20.120 Enforcement ........................................ 33
16.20.130 Notice on Title ...................................... 36
16.20.140 Bonding .......................................... 37
16.20.150 Other Laws and Regulations ............................ 38
16.20.160 Suspension, Revocation ................................. 38
16.20.170 Non-Conforming Activities .............................. 38
16.20.180 Agricultural Lands .................................... 38
16.20.190 Forest Resources ..................................... 39
16.20.200 Mining ........................................... 40
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
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February 20, 1992
16.20.210 Severability ........................................ 42
16.20.220 Assessment Relief .................................... 42
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February 20, 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
ORDINANCE NO. 92-07
AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, relating to environmentally sensitive areas,
including aquifer recharge areas, fish and wildlife habitats,
frequently flooded areas, geologically hazardous areas, wetlands,
streams, and agricultural, forest, and mineral resource lands, and
protective buffers tbr such areas; establishing development
regulations for the conservation of environmentally sensitive areas
and their protective buffers; establishing guidelines for the
classification of environmentally sensitive areas; adding a new
Chapter 16.20, entitled "Environmentally Sensitive Areas", to the
Bainbridge Island Municipal Code; and repealing Chapter 18.84 of
the Bainbridge Island Municipal Code.
WHEREAS, the Environmentally Sensitive Areas Committee, comprised of several
Bainbridge Island residents and representing a broad range of interests, held more than 20
committee meetings to prepare a draft Environmentally Sensitive Areas Proposed Ordinance, and
presented it to the public for review and comment at two Town meetings held on August 14 and
21, 1991; and
WHEREAS, to prepare the proposed ordinance, the Environmentally Sensitive Areas
Committee, reviewed and considered environmentally sensitive areas ordinances of other cities
and the Model Wetlands Ordinance prepared by the Department of Ecology; and
WHEREAS, the Environmentally Sensitive Areas Committee was not compelled or
required by the Department of Ecology or any other agency to use the Model Wetlands
Ordinance prepared by the Department of Ecology or any other document to prepare the
proposed ordinance; and
WHEREAS, on October 24, 1991, the Bainbridge Island Planning Agency conducted a
public hearing on the proposed ordinance; and
WHEREAS, following the hearing, the Planning Agency reviewed the proposed
ordinance, directed revisions to be made and recommended approval; and
WHEREAS, by motion regularly passed, the Council scheduled a public hearing on the
proposed ordinance for January 8, 1992, and gave notice to the public pursuant to law; and
WHEREAS, the public hearing was held as scheduled on January 8, 1992, to hear
proponents and opponents, and consider the Planning Agency's proposed ordinance on
environmentally sensitive areas; and
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
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February 20, 1992
WHEREAS, the City Council has not been compelled or required by the Department of
Ecology or any other agency to use the Model Wetlands Ordinance prepared by the Department
of Ecology to prepare an environmentally sensitive areas ordinance; and
WHEREAS, pursuant to Article 11, Section 11 of the State Constitution, RCW
35A.11.020, RCW 35A.63.100, RCW Chapter 36.70A (Growth Management Act) and the
City's Comprehensive Plan, the City Council desires to pass an environmentally sensitive areas
ordinance to designate, protect and conserve environmentally sensitive areas; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. There is added to the Bainbridge Island Municipal Code a new Chapter 16; to be
entitled "Environmentally Sensitive Areas" and to read as follows:
16.20.010 Findings.
The City Council finds that critical areas and their protective buffers, and natural resource lands,
constitute Environmentally Sensitive Areas (ESAs) that are of special concern to the City. The
Bainbridge Island Subarea Plan and the City's policies in regard to the natural systems and
enviromnent of Bainbridge Island, as well as the Washington Growth Management Act (RCW
Chapter 36.70) require that ESAs and natural resources of Bainbridge Island are to be protected
by establishing minionurn interim standards for the impact of development of properties which
contain or adjoin ESAs. It is the intent of this chapter to protect the public health, safety, and
welfare by:
A. Avoiding the impact;
B. Minimizing or 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;
C. Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment;
D. Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the action;
E. Compensating/br unavoidable impacts by replacing, enhancing or providing
substitute resources or environments;
F. Reducing the potential for personal injury, loss of life or property damage due to
flooding, erosion, landslides, seismic events, or soil subsidence;
G. Protecting against publicly financed expenditures due to the misuse of ESAs
which cause:
Unnecessary maintenance and replacement of public facilities;
Public funding of mitigation for avoidable impacts;
Cost tbr public emergency rescue and relief operations where the causes
are avoidable; or
Degradation of the natural environment;
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
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February 20, 1992
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Protecting aquatic resources;
Protecting unique, fragile, and valuable elements of the environment, including
wildlife and its habitat;
Alerting appraisers, assessors, owners, potential buyers, or lessees to the
development limitations of environmentally sensitive areas;
Providing City officials with sufficient information to adequately protect
environmentally sensitive areas when approving, conditioning, or denying public
or private development proposals.
16.20.020. Definitions.
For the purposes of this chapter, the tollowing definitions shall apply:
B,
Co
Agricultural Land: land primarily devoted to the commercial production of horticultural,
viiicultural, floricultural, dairy, apiary, vegetable, or animal products or' of berries,
grain, hay, straw, turf, seed, Christmas trees, or livestock, and that has long-term (6
years or longer) commercial significance for agricultural production. Agricultural land
is further defined in Chapter 84.34 of the Revised Code of Washington as either:
1. Land in any contiguous ownership of twenty or more acres devoted primarily to
the production of livestock or agricultural commodities for commercial purposes,
or enrolled in the federal conservation reserve program or its successor
administered by the U.S. Department of Agriculture;
2. Any parcel of land five acres or more but less than twenty acres devoted
primarily to agricultural uses, which has produced a gross income t~om
agricultural uses equivalent to one hundred dollars or more per acre per year for
three of the five calendar years preceding the date of application for classification
under this chapter; or
3. any parcel of land of less than five acres devoted primarily to agricultural uses
which has produced a gross income of one thousand dollars or more per year for
three of the five calendar years preceding the date of application for classification.
Agricultural Operation: any condition, facility, or activity for the production or intent of
production for commercial or family use purposes of dairy, apiary, livestock, vegetable
or animal products, and crop products including, but not limited to ornamental crops.
Applicant: a person, corporation or organization that files an application for a
development permit with the City and that is either the owner of the land on which that
proposed activity would be located, a contract vendee, a lessee of the land, the person
who would actually control and direct the proposed activity, or the authorized agent of
such a person.
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February 20, 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
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Aquifer Recharge Area: the geological formations in which an aquifer is replenished by
the downward percolation of water. Critical recharging areas have tlne potemial to effect
potable water where an essential source of drinking water is vulnerable to contamination.
Base Flood: a general and temporary condition of partial or complete inundation of
normally dry land areas having a one-percent chance of being equalled or exceeded in
any given year. Base flood elevation data is commonly displayed as an elevation line
on Flood Insurance maps. Base flood elevation lines show the location of the expected
whole-foot water-surface elevation of the base (100-year) flood.
Best Management Practices or BMPs: conservation practices or systems of practices and
management measures that:
1. Control soil loss and protect water quality from degradation caused by nutrients,
animal waste, toxins, and sediment; and
2. Minimize adverse impacts to surface water and groundwater flow, and to the
chemical, physical, and biological characteristics of ESAs.
BMPs are defined by the State of Washington Department of Agriculture,
Washington State Department of Ecology, Washington State Department of
Health, Kitsap County Conservation District, and other professional
organizations.
But't~r: either an area adjacent to hillsides which provides the margin of safety through
the protection of slope stability, attenuation of surface water flows and geological hazards
reasonably necessary to minimize risk to the public from loss of life, well-being or
property damage resulting from natural disasters; or an area adjacent to a stream or
wetland that surrounds and protects the functions and values of the stream or wetland
from adverse impacts and is an integral part of a stream or wetland ecosystem and which
provides shading, input of organic debris and coarse sediments, room for variation in
stream or wetland edge, habitat for wildlife and protection from harmful intrusion
necessary to protect the public from losses suffered when the functions and values of the
wetland or stream are degraded.
H. Category I, II. III. IV: see Wetlands
Class IV Conversion: A torest practice application to the Department of Natural
Resources to harvest timber and change the use of the land to a use other than a
commercial timber operation; and which is a bona fide conversion to an active use which
is incompatible with timber growing.
Critical Areas: aquifer recharge areas, fish and wildlife habitats, frequently flooded
areas, geologically hazardous areas, wetlands and streams.
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February 20, 1992
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Critical Habitat: identified by Washington State Department of Wildlife, Ecology and
Fishcries as habitat necessary for survival of endangered, threatened, rare, sensitive or
monitor species.
Developable Area: an area of land outside of Critical Areas and required setbacks and
buffers.
Director: the Director of the City's Planning and Community Development Department.
Environmentally Sensitive Areas or ESAs: critical areas and their protective buffers and
natural resource lands.
Erosion Hazard Area: a land/brm or soil type subject to being worn away by the action
of water, wind, freeze-thaw or ice. The following classes as found in the U.S.D.A. Soil
Conservation Service, U.S. Geological Survey or Department of Ecology Coastal Zone
Atlas are considered high erosion hazard areas.
1. Class 3, class U (unstable) includes severe erosion hazards and rapid surface
runoff areas,
2. Class 4, class UOS (Unstable old slides) includes areas having severe limitations
due to slope, and
3. Class 5, class URS (unstable recent slides).
Exotic Species: plants or animals that are not native to the Puget Sound Lowlands region.
Farm: see Agricultural Land
Fish and Wildlife Habitat: a seasonal range or habitat ele~nent 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 include areas of
relative density or species richness, breeding habitat, winter range, and movement
corridors. These also include habitats of limited availability or high vulnerability to
alteration, such as cliffs, streams and wetlands.
Forest Land: used for growing trees, not including Christmas trees, for commercial
purposes (as shown by record of income) that has long-term commercial significance; or
unharvested torest land preserved in open space for the environmental benefits and rural
character.
Frequently Flooded Areas: lands subject to a one percent or greater chance of flooding
in any given year. These areas include, but are not limited to, floodplains adjacent to
streams, lakes, coastal areas, and wetlands.
Functions: the beneficial roles served by critical areas including, but not limited to, water
quality protection and enhancement, fish and wildlife habitat, food chain support, flood
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CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
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storage, conveyance and attenuation, groundwater recharge and discharge, erosion
control, wave attenuation, aesthetic value protection, and recreation. These roles are not
listed in order of priority.
Geologically Hazardous Areas: areas susceptible to erosion, sliding or other geological
events. They pose a threat to the health and safety of citizens when used as sites tier
incompatible commercial, residential or industrial development. Geologically hazardous
areas include erosion hazard areas, landslide hazard areas, slopes and seismic hazard
areas.
Hazardous Substances: any liquid, solid, gas, or sludge, including m~y material,
substance, product, commodity, or waste, regardless of quantity, that exhibits any of the
characteristics or criteria of hazardous waste as specified in RCW70.105.010.
High Intensity: land uses which are associated with moderate or high levels of human
disturbance or substantial impacts including, but not limited to, three or more dwelling
units per acre, active recreation, and commercial and industrial land uses.
Hillsides: geological features having slopes of fifteen percent and greater.
AA.
Hydric Soil: soil which is saturated, flooded or ponded long enough during the growing
season to develop anaerobic conditions in the upper part. The presence of hydric soil
shall be determined following the methods described in the "Federal Manual tbr
Identifying and Delineating Jurisdictional Wetlands(1989)".
Hydrophyte or Hydrophytic Vegetation: plant life growing in water or on a substrate that
is at least periodically deficient in oxygen as a result of excessive water content. The
presence of hydrophytic vegetation shall be determined tollowing the methods described
in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1989)"
using U.S. Fish & Wildlife Service lists of hydrophytic vegetation.
Landslide Hazard Areas: areas which are potentially subject to risk of mass movement
due to a combination of factors, including historic failures, geologic, topographic and
hydrologic features. Some of these areas are identified in the Department of Ecology
Coastal Zone Atlas. Landslide hazard areas include the following:
1. Areas characterized by slopes greater than 15 percent; and having; springs or
groundwater seepage and, having impermeable soils (typically silt and clay)
overlain or frequently interbedded with permeable granular soils (predominantly
sand and gravel);
2. Any area potentially unstable due to rapid stream incision, stream bank erosion
or undercutting by wave action;
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
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February 20, 1992
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Any area located on an alluvial fan presently subject to or potentially subject to
inundation by debris flows or deposition of stream-transported sediments;
Any area with a slope of 40 percent or greater and with a vertical relief of ten or
more feet except areas composed of consolidated rock;
Any area with slope defined by the United States Department of Agriculture Soil
Conservation Service as having a severe limitation for building site development;
and
Any shoreline designated or mapped as class U, UOS or URS by the Department
of Ecology Coastal Zone Atlas.
Low Intensity: land uses associated with low levels of human disturbance or low habitat
impacts, including, but not limited to, passive recreation, open space, or agricultural land
uses.
Mineral Resource Lands: land which is primarily devoted to the extraction of gravel,
sand, or valuable metallic substances.
Mitigation: includes avoiding, minimizing or compensating for adverse impacts, 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 ~nagnitude of the action and its
implementation, by using appropriate technology, or by taking affirmative steps
to avoid or reduce impacts;
3. Rectifying the impacts by repairing, rehabilitating or restoring the affected
environment;
4. Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the action;
5. Compensating tbr the impact by replacing, enhancing, or providing substitute
resources or environnlents; or
6. Monitoring the impact and the compensation project and taking appropriate
corrective measures. Mitigation for individual actions may include a combination
of the above measures.
Native Vegetation: plant species which are indigenous to the Puget Sound Lowlands
region.
Natural Resource Lands: agricultural, forest and mineral resource lands as defined in
this section.
Open Space: undeveloped arcas of varicd sizc. Opcn space often contains distinctive
geologic, botanic, zoologic, historic, scenic or other critical area, or natural resource
land features.
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February 20, 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
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Ordinary High Water Mark: a mark that has been found where the presence and action
of waters are common and usual and maintained in an ordinary year long enough to mark
a distinct character on topography, soil and vegetation from that of the abutting upland.
II.
Repair or Maintenance: activities that restore the character, size, or scope of a project
only to the previously authorized condition.
JJ.
Riparian: transitional area between wetlands or streams and upland areas, may border
a stream which is occasionally flooded and periodically supports predominantly
hydrophytes.
KK.
Seismic Hazard Areas: includes areas subject to severe risk of damage as a restlit of
seismic induced ground shaking, slope failure, settlement, slope failure, soil liquefaction
or surface faulting. Ground shaking is a primary risk, tollowed by some unstable slopes
causing damage below them. The muck soils of the island pose a specific risk of
settlement and soil liquefaction. These conditions occur in areas where muck soils and
other organic deposits are tinsuitable for foundations, generally underlain by cohesion-less
soils or poorly consolidated sediments usually in association with a shallow groundwater
table.
LL.
Site: the entire lot, series of lots or parcels on which a development is located or
proposed to be is located, including all contiguous undeveloped lots or parcels under
common ownership.
MM. Slope: an inclined ground stirface, the inclination of which is expressed as a ratio
(percentage) of vertical distance to horizontal distance by the following tbrmula:
CiTY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
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February 20, 1992
vertical distance
horizontal distance X 100 = % slope
Another method of measuring the inclination of the land is by measuring the angle, expressed
in degrees, of the surface above a horizontal plane. The following chart shows the: equivalents
between these two methods of measurement for several slopes:
Slope in Percent Angle in Degrees
8.7 5.0
15.0 8.5
25.0 14.0
30.0 16.7
40.0 21.8
50.0 26.6
100.00 45.0
NN.
Stream: surface waters, which flow into or become connected with other surface
waters generally at least once per year.
1. Type 1 Water: all the waters of Puget Sound, within their ordinary high-water
mark, including the saltwater around Bainbridge Island.
2. Type 2 Water: segments of natural waters which are not classified as type 1
water, have a high use, and are important from a water quality standpoint for:
a. Domestic water supplies;
b. Public recreation;
c. Fish spawning, rearing or migration or wildlife uses; or which are
highly significant to protect water quality.
3. Type 3 Water: segments of natural waters which are not classified as Type 1
or 2 and have a moderate to slight use and are moderately important from a
water quality standpoint for:
a. Domestic water supplies;
b. Public recreation;
c. Fish spawning, rearing or migration or wildlife uses; or which have
moderate value to protect water quality.
4. Type 4 Water: segments of natural water not classified as Type 1, 2 or 3
having an influence on water quality downstream in Type 1 '~ and 3 waters.
These may be perennial or intermittent.
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CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
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Type 5 water: all other waters, including streams with or without a well-
defined channel, areas of perennial or intermittent seepage ponds, and natural
sinks. Drainage ways having short periods of spring runoff are considered to
be Type 5 waters.
Types 1,2,3,4,5 Water: see Stream
Water-dependent: an activity requiring the use of surface water that would be essential
to fulfill the purpose of the proposed project.
Wetland Boundary: the boundary or edge of a wetland as delineated based on the
definitions contained in this chapter.
Wetland Category:
1. Category I Criteria:
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 sphagnum bogs and tens,
estuarine wetlands, or mature forested swamps; or
c. Wetlands of exceptional local significance. The criteria for determining
exceptional local significance shall include, but not be limited to the
tollowing factors: Rarity, high aquifer recharge function, significant
habitat or unique educational site; or, consideration of other specific
functional values.
2. Category II Criteria:
a. Wetlands that do not contain features outlined in category I; and
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 which arc not high
quality; or
d. Wetland types with significant functions which cannot be adequately
replicated through creation or restoration. These are demonstrated by
tlne following characteristics:
i. Significant peat systems;
ii. Forested swamps that have three canopy layers, excluding
single-species stands of red alder averaging 8 inches diameter at
breast height or less; or
iii. Significant spring ted systems;
e. Wetlands with significant habitat value based on diversity and size.
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92~07
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February 20, 1992
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i. 5 acres or greater in size, and open water at any time during a
normal year; and 2 or more subclasses of vegetation in a
dispersed pattern;
Wetlands contiguous with salmonid fish-bearing waters, including
streams where flow is intermittent; or
Wetlands with significant use by fish and wildlife.
3)
Category III Criteria: wetlands that do not contain features outlined in
category I, II or IV.
4)
Category IV Criteria:
a. Wetlands which do not meet the criteria of a category I or H wetland;
and
b. Isolated wetlands that are less than or equal to one acre in size, and
have only one wetland class, and have only one dominant plant species
(monotypic vegetation); or
c. Isolated wetlands that are less than or equal to two acres in size, and
have only one wetland class and a predominance of exotic species.
Wetland Classes: classification system of the United States Fish and Wildlife Service
(Cowardin, et al 1978).
Wetland Compensation:
1. In-kind: to replace wetlands with substitute wetlands whose characteristics
closely approximate those destroyed or degraded by a regulated activity. It
does not mean replacement "in-category."
2. Offsite: to replace wetlands away from the site on which a wetland has been
impacted by a regulated activity.
3. Onsite: to replace wetlands at or adjacent to the site on which a wetland has
been impacted by a regulated activity.
4. Out-of-kind: to replace wetlands with substitute wetlands whose characteristics
do not closely approximate those destroyed or degraded by a regulated
activity. It does not refer to replacement "out-of-category."
Wetlands. Regulated
1. Regulated wetlands:
a. All category I wetlands.
b. All category II and III wetlands that are greater than 2,500 square feet.
c. All category IV wetlands greater than 10,000 square feet.
2. Category I, II, III & IV wetlands include:
a. Lands defined as wetlands under the federal clean water act, 33 U.S.C.
Sec. 125 1 et seq., and rules promulgated pursuant thereto and shall be
those areas that are inundated or saturated by surface or ground water
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February 20, 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
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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.
b. Wetlands created as mitigation and wetlands modified for approved
land use activities.
Regulated wetlands do not include artificial wetlands intentionally created from
nonwetland sites, such as irrigation and drainage ditches, grass-lined swales,
canals, detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities.
For the purposes of inventory, incentives, and nonregulatory programs,
wetlands include transitional lands between terrestrial and aquatic systems
where the water table is at or near the surface. For the purpose of this
definition wetlands must have one or more of the following attributes:
a. At least periodically, the land supports predominantly hydrophytes;
b. The subsIrate is predominantly undrained hydric soil; and
c. The substrate is nonsoil and is saturated with water or covered by
shallow water at some time during the growing season of each year.
Wetland terms:
1. Emergent wetland: at least thirty percent of its surface covered by erect,
rooted, herbaceous vegetation at the uppermost level of vegetation.
2. Estuarine wetland: Deepwater tidal habitats and adjacent tidal wetlands that are
usually semi-enclosed by land but have open, partly obstructed, or sporadic
access to the waters of Puget Sound.
3. Foresled wetland: at least twenty percent of the surface area covered with
woody vegetation greater than twenty feet in height.
4. High quality wetlands: meet the following criteria:
a) No, or isolated, human alteration of the wetland topography;
b) No human-caused alteration of the hydrology or, if altered, the wetland
appears to have recovered;
c) Low cover and frequency of exotic plant species;
d) Relatively little human-related disturbance of the native vegetation, or
recovery from past disturbance;
e) If the wetland system is degraded, it still contains a viable and high
quality example of a native wetland community; and
t) No known major water quality problems.
5. Isolated wetlands: meet the tollowing criteria:
a) are outside of and not contiguous to any 100-year floodplain of a lake,
river, or stream; and
b) have no contiguous hydric soil or hydrophytic vegetation between the
wetland and any surface water.
6. Marsh: permanently submerged or has intermittent aquatic plant life where
dominant vegetation is nonwoody plants such as grasses and sedges..
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
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February 20, 1992
Palustrine wetland: freshwater with open water, emergent herbaceous
vegetation, scrub-shrub vegetation and/or trees that is isolated from a larger
body of water.
Scrub-shrub wetlands: at least thirty percent of its surface area covered with
woody vegetation less than twenty feet in height.
Swamp: dominant vegetation is composed of woody plants and trees.
16.20.030. General Provisions.
A. Greater Restrictions. When any provision of any other chapter of the BIMC conflicts
with this chapter (or any existing regulations, easements, covenants, or deed
restrictions), that which provides more protection to ESAs shall apply.
Interpretation. The provisions of this chapter shall be held to be minimum
requirements in their interpretation and application and shall be liberally construed to
serve the purposes of this chapter.
Co
Applicability. This chapter establishes regulations for the protection of sites which
contain ESAs or are adjacent to sites which contain ESAs. Development and land use
activities proposed on ESA sites shall comply with the provisions of this Chapter. No
action shall be taken by any person, company, agency, or applicant, which results in
any alteration of an ESA except as consistent with the purposes, requirements,
objectives, and goals of this Chapter. An area is classified as being an ESA by the
City if it exhibits one or more of the tollowing:
1. Critical Areas include aquifer recharge areas, fish and wildlife habitats,
frequently flooded areas, geologically hazardous areas, wetlands and streams;
or
2. Natural Resource Lands include agriculture, forest and mineral resource lands.
Procedures. The Director is authorized to adopt written procedures tbr the purpose of
carrying out the provisions of this chapter.
Inventory of Environmentally Sensitive Areas. This chapter shall apply to all ESAs
located within the jurisdiction of the City. The approximate location and extent of
these areas on Bainbridge island is displayed on various inventory maps available at
the City's Department of Planning and Community Development. More data which
will be included as inventories are completed in compliance with the requirements of
the Growth Management Act. Maps and inventory lists are guides to the general
location and extent of ESAs. ESAs not shown are presumed to exist on Bainbridge
Island and are protected under all the provisions of this chapter. In the event that any
of the designations shown on the maps or inventory lists conflict with the site specific
conditions, site specific conditions shall control.
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February 20, 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
16.20.040. Application Requirements.
A. Submittal requirements. Applications for land uses or developments proposed within
areas identified as ESAs shall be filed with all the information requested on the
application form available from the Director.
Prior to fulfilling the requirements of this chapter, the applicant shall not be granted
any approval or permission to conduct development or land use in a critical area and
its buffer.
B,
Supporting Information Requirements. When supporting information is required by
the Director it shall contain the following and be prepared by one or more of the
experts listed in paragraph 4 of this Subsection:
1. A description of the critical areas on the site and how the proposed
development will or will not impact critical areas their buffers and adjoining
properties, including:
a. Drainage, surface and subsurface hydrology, and water
quality;
b. Existing vegetation as it relates to wetlands, steep slopes, soil stability,
and fish and wildlife habitat value; and
c. Other critical area characteristics and functions.
2. Recommended methods for mitigating identified impacts and a description of
how these mitigating methods may impact adjacent properties.
3. Any additional information determined to be relevant by the Director.
4. Such studies shall be prepared by experts in the area of concern, expertise
shall at a minimum include the following:
a. Engineers must be registered professional engineers in the State of
Washington in a field specific to the expertise required. A ~;eotechnical
engineer must be a practicing geotechnical/civil engineer, who has at
least tbur years of professional employment as a geotechnical engineer
with experience in landslide evaluation;
b. Aquifer Recharge: Hydrogeologist; Geotechnical Engineer;
c. Flood Hazard Areas: Professional Civil Engineer;
Hydrologist;
d. Geologically Hazardous Areas: Geologist; Geotechnical Engineer; soil
scientist;
e. Streams, Riparian Areas, Drainage Corridors: Biologist with stream
ecology expertise; Fish or Wildlife Biologist;
f. Wetland, Lakes: Biologist with wetlands ecology expertise;
5. The Director may in some cases retain experts at the applicant's expense to
assist the review of studies; and
6. Such studies shall be prepared in accordance with procedures established by
the Director.
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Page 13
February 20, 1992
16.20.050. Aquifer Recharge Areas.
A. Classification: Bainbridge Island is the recharge area for the island aquifers.
Bainbridge Island is dependent upon its aquifers as the sole and essential source for
drinking water.
1. The island aquifers are vulnerable to pollution that has the potential to create a
significant public health hazard. High vulnerability is indicative of land uses
which produce contaminants that may degrade groundwater and low
vulnerability is indicative of land uses which will not.
2. Susceptibility to pollution is a function of depth of groundwater, permeability
of soils, soil types, presence of potential source of contamination and any
other relevant factors.
3. Soil types that transt`er water to the aquifer are rated in terms of infiltration
rate. Soil types with the high infiltration rates are associated with areas of
high aquifer recharge. The rates and soil types are defined by the United
States Department of Agriculture, Soil Conservation Service, in the Soil
Survey of Kitsap County. Additionally, high recharge potential areas are
illustrated on the Kitsap County Groundwater Management Plan April, 1991,
Grant No. 1 Background Data Collection and Management Issues, Vol I & II
maps and Kitsap-Bremerton Health Department maps.
Standards: Standards tbr development shall be in accordance with the provisions
below and the requirements of the underlying zone.
1. High Aqt!ifer Recharge Areas
a. A hydrogeologist report will be required on sites that have been
identified as having soil types with high infiltration rates, or having
high aquifer recharge or infiltration potential. The report will address
the impact the proposed land use will have on both the quality and
quantity of the water transmitted to the aquifer. The report will
recommend mitigation for impacts that have the potential to decrease
quantity or quality of water transmitted to the aquifer. The report shall
also address the types of pesticides, herbicides, and fertilizers that can
safely be used tbr the care of landscaping proposed by the applicant.
b. Where on-site sewage treatment is required in a high recharge area, the
applicant will design the drainfield to have no less than three feet of
vertical separation between the leaching field and water table. If a
hydrogeologist report recommends, or Kitsap Bremerton Health
Department official requires, a more advanced technology or design,
the applicant shall include that technology in the design.
c. Applications for land uses with underground storage of petroleum
products and hazardous substances shall be prohibited in areas of high
aquifer recharge.
2. Medium and Low Aquifer Recharge Areas
Page 14
February 20, 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
On-site sewage treatment shall be designed according to best: available
technology as required by local health department standards.
Applications for land uses with underground storage of petroleum
products in low and medium recharge areas will be processed using the
conditional use permit process as specified in Title 18 of the Bainbridge
Island Municipal code.
16.20.060. Fish and Wildlife Habitat Conservation.
A. Classification: Fish and Wildlife habitat areas include:
1. Lands and waters containing habitats and species, which include plant and
animal species, listed on State of Washington and Federal threatened,
endangered, or monitor species lists;
2. Lands and Waters containing habitats and species, which include plant and
animal species of local significance, as listed in separate resolution of the City
Council;
3. All public and private tidelands or bedlands suitable for shellfish harvest
designated using the Washington Department of Health's classification system;
4. Areas with kelp and eelgrass beds;
5. Herring and smelt spawning. Times and locations are outlined in WAC 232-
14-010, Hydraulic Code Guidelines, technical report No. 79 and the Puget
Sound Atlas;
6. Naturally occurring ponds under twenty acres and their submerged aquatic
beds that provide fish or wildlife habitat;
7. Streams and Waters of the state as defined in WAC 222-16-030, Forest
Practices Rules and Regulations. In classifying waters of the state as fish and
wildlife habitats the following criteria applies:
a. Species present which are endangered, threatened, sensitive or monitor
species;
b. Species present which are sensitive to habitat manipulation;
c. Presence and size of riparian zone;
d. Existing water rights;
8. Lakes, ponds, and streams planted with game fish including those planted
under the auspices of a federal, state, local or tribal program and waters which
support priority fish species as identified by the Department of Wildlife.
Standards: Alteration of these habitat areas may reduce the likelihood that the species
will survive or reproduce. Activities allowed in fish and wildlife habitat areas shall
be consistent with the Department of Wildlife primary and secondary Priority Habitat
and Species (PHS) management recommendations, for species located there and all
applicable state, federal and local regulations regarding the species.
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Page 15
February 20, 1992
16.20.070. Frequently Flooded Areas.
A. Classification: Classification for frequently flooded areas shall be consistent with the
100 year floodplain designation of the Federal Emergency Management Agency and
the National Flood Insurance Program. In addition the following criteria shall be
considered when designating and classifying these areas:
1. Flooding impact to human health, safety and welfare and to public :facilities
and services;
2. Available documentation including federal, state and local laws, regulations
and programs, local maps and federally subsidized flood insurance programs;
3. The future floodplain defined as a channel of the stream and that portion of the
adjoining floodplain which is necessary to contain and discharge the base flood
flow at build-out without any measurable increase in flood heights;
4. The effect of high tides with strong winds, and greater surface runoff caused
by increasing impervious surfaces; and
5. The effect of waves resulting from earthquakes, and the effect or' a predicted
rise in sea-level.
B. Standards.
1. Development shall not reduce the effective base flood storage volume.
Effective storage capacity must be maintained.
2. Grading or other regulated activities which would reduce the flood water
storage volume effectiveness must be mitigated by creating compensatory
storage on or off site. Applicants must provide mitigation plans pursuant to
this Chapter.
3. Base flood data and flood hazard notes shall be on the face of any recorded
plat or site plan including, but not limited to, base flood elevations, flood
protection elevation, boundary of floodplain and zero rise floodway.
16.20.080. Geologically Hazardous Areas.
A. General: Geologically hazardous areas include erosion hazard areas, landslide hazard
areas, slopes and seismic hazard areas.
B,
Classification. Geologically Hazardous Areas shall be classified based upon landslide
history and the presence of unstable soils, steepness of slopes, erosion potential, and
seismic hazards. Areas in this category are a potential threat to public health, safety
and welfare when construction or incompatible uses are allowed. Some potential risk
due to construction in geologically hazardous areas can be reduced through structural
engineering design. Construction in geologically hazardous areas should be avoided
when the potential risk to public health and safety cannot be reduced to a level
comparable to the risk if the site were stable. Classification and rating shall be based
upon the risk to the environment and to development in geologically hazardous areas.
C. Standards
Page 16
February 20, 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Seismic Hazard Areas: development in seismic hazard areas shall be in
accordance with the standards for earthquake design and seismic motion of the
Uniform Building Code (UBC), as adopted by the City.
Development on slopes with landslide and or erosion hazards shall comply
with the tollowing requirements regarding erosion control, disturbance and
alteration limitations, buffers, development location, development design, and
landscaping.
a. Erosion Control. An erosion control plan shall be submitted to the
Director for approval prior to any clearing, grading, construction or
other development. In addition, clearing, grading or filling of sloped
areas containing landslide or erosion hazard areas shall be limited to the
period between April 1 and October 1, unless the applicant provides an
erosion control plan that specifically identifies methods of erosion
control for wet-weather conditions.
b. Disturbance and Alterations.
i. All authorized clearing for roads, utilities, etc. shall be limited
to the minimum necessary to accomplish the engineering design.
Alterations shall meet the following requirements:
(a) . All proposed clearing shall be marked in the field for
inspection and approval prior to alteration of site; and
(b) . The face of ctlt and fill on slopes shall be prepared and
maintained to control against erosion and instability;
ii. The proposal will not increase the rate of surface water
discharge or sedimentation and will not decrease adjacent
property slope stability; and
iii. The applicant shall provide Geotechnical analysis to indicate
that:
(a) . There is no significant risk to the development proposal
or adjacent properties; or
(b) . The proposal can be designed so that the geological
hazard is significantly eliminated or mitigated such that
the site and adjacent property are rendered as sate as an
area without geological hazards; and
iv. To reduce the risk of landslide and erosion, the following
maximum slope disturbances are recommended, as set forth in
the chart below, relating to maximum slope disturbance
recommendation s:
Slope Slope Disturbance Recommendation
15 -24 % 60 % .60
25-39% 45% .45
40& or greater 30 % .30
Factor
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Page 17
February 20, 1992
Buffers. A buffer of 50 feet shall be provided froin the edge of all
slopes that are subject to landslide or erosion hazards. The edge of a
slope is defined as the top, toe and sides of the slope. The buffer may
be extended beyond these limits to mitigate hazards. The buffer may
be reduced if the applicant provides expert verification by a
geotechnical engineer and environmental information that demonstrate
to the satisfaction of the Director that the proposal will not adversely
impact an ESA.
Development Location.
i. Development must be located to minimize slope disturbance,
and to minimize removal of vegetation, and retain open space;
ii. Structures must be clustered where possible to reduce slope
disturbance and maintain natural topographic character; and
iii. Structures should conform to natural contour of slope and
foundations should be tiered where possible to contbrm to
existing topography of site.
Development Design.
i. All development proposals shall be designed to minimize the
footprint of building and other disturbed areas. Common access
drives and utility corridors are required were feasible;
ii. All development shall be designed to minimize impervious lot
coverage and where feasible should incorporate under-structure
parking and multi-level structures;
iii. Roads, walkways and parking areas should be designed to
parallel the natural contours; and
iv. Access shall be in the least sensitive area of the site.
Landscaping. The disturbed area of a development site shall be
landscaped to provide erosion control. Landscape plantings should
include trees and shrubs with a mix of shade, flowering, and coniferous
and broad-leaf evergreens that are either native to the Puget Sound
region or are valuable to western Washington birds as described in the
Department of Wildlife "Plants for Wildlife in Western Washington".
D,
Additional standards for greater than 40 percent slopes
1. All proposed development, on slopes greater than forty percent within a
vertical height of at least ten feet (a vertical rise of ten feet or more. for every
twenty-five feet of horizontal distance), should be avoided if possible.
Applications for development shall include studies by a geotechnical engineer
Page 18
February 20, 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE//92-07
that evaluate the subsurface conditions and offer appropriate engineering
solutions, including increased slope stabilization methods.
The following activities are permitted provided that applicable standards in
paragraph C can be met, or where the applicant has demonstrated through a
report prepared by a geotechnical engineer that no adverse impact will result
from the proposal and where approved surface water drainage will result in
minimum slope and vegetation disturbance:
a. The construction of approved public or private trails provided they are
constructed of material, for example cable lift access, which will not
contribute to surface water runoff;
b. The construction of public or private utility corridors provided it has
been demonstrated that such alterations will not increase landslide or
erosion risks; and
c. Trimming and limbing of vegetation for the creation and maintenance
of view corridors provided that the soils are not disturbed and activity
will not increase the risk of landslide or erosion.
16.20.090. Wetlands and Streams.
A. Classification: All category I wetlands shall be considered regulated wetlands.
Regulated wetlands do not include category II and III wetlands less than or equal to
2,500 square l~et and category IV wetlands less than or equal to 10,000 square feet.
All stream types are regulated. Classifications of wetland categories and stream types
shall not be altered to recognize illegal modifications.
B. Limited Density Calculation for Division of Land and Planned Unit Developments.
Applicants, except as provided in paragraph B.2. will not be allowe, d to
include the area of the wetland in the density calculation.
An applicant may choose to use the Planned Unit development (PUD) process
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. Through the PUD, some or all of the wetland area may be
included in the density calculation on a case-by-case basis.
The benefit from this subsection should be applied cautiously, with clue regard
for the purposes of this ordinance as stated in Section 16.20.010 and the
following considerations:
i. Whether the proposed activities will resttit in alteration or impairment
to the wetland's ~mctional characteristics and its existing contours,
vegetation, fish and wildlife resources, and hydrological conditions;
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Page 19
February 20, 1992
C,
ii.
111.
iv.
Whether the proposed activity will jeopardize the continued existence of
endangered, threatened, rare, sensitive, or monitor species as listed by
the federal government or the State of Washington;
Whether the proposed activity will cause significant degradation of
ground water or surface-water quality;
Whether the proposed activity complies with all state, local and federal
laws, including those related to sediment control, pollution control,
flood plain restrictions, and on site waste water disposal;
Whether any and all impacts to wetlands will be
mitigated; and
Whether there will be any damage to nearby public or private property
or any threat to public health or safety.
If property is the subject of a subdivision, short or long plat, any open space
tract, wetlands or wetlands buffer shall be clearly marked as an easement on
the plat, and any restrictions on use of the open space tract, wetlands, or
wetlands buffer shall be noted on the plat. The easement shall be filed for
record with the Kitsap County Auditor.
New lots shall contain at least one building site, including access, that is
suitable for development and is not within the regulated wetland or its buffer.
Allowed Activities.
The tbllowing uses shall be allowed within a stream, wetland or buffer, provided tinat
the use is not prohibited by any other chapter or law, is conducted using best
management practices, does not result in the conversion of a regulated wetland,
stream or buffer to a use to which it was not previously subjected; and torest
practices and conversions shall be governed by Chapter 76.09 RCW and its rules:
Conservation or preservation of soil, water, vegetation, fish, shellfish, and
other wildlife;
Outdoor recreational activities, including fishing, birdwatching, hiking,
boating, horseback riding, swimming, canoeing, and bicycling;
The harvesting of wild crops in a manner that is not injurious to natural
reproduction of such crops and provided the harvesting does not require filling
of soil, planting of crops, or alteration by changing existing topography, water
conditions or water sources;
Agricultural activities including farming, horticulture, aquaculture, or
irrigation.
Existing and ongoing ranching or grazing, of ani~nals. An operation ceases to
be ongoing when the area on which it was conducted has been converted to
another use or has lain idle so long that modifications to the hydrological
regime are necessary to resume operations.
Page 20
February 20, 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
7.
8.
9.
10.
11.
The maintenance (but not construction) of drainage ditches;
Education, scientific research, and use of nature trails;
Navigation aids and boundary markers;
Boat mooring buoys;
Site investigative work necessary for land use application submittal such as
surveys, soil logs, percolation tests and other related activities. In every case,
impacts shall be minimized and disturbed areas shall be immediately restored;
and
Normal maintenance, repair, or operation of existing serviceable structures,
facilities, or improved areas, not including the construction of a maintenance
road.
Regulated Activities
1. Approval shall be obtained from the Director prior to undertaking the
following activities in a regulated wetland, stream or buffer.
a. The removal, excavation, grading, or dredging of soil, sand, gravel,
minerals, organic matter, or material of any kind;
b. The dumping, discharging, or filling with any material;
c. The draining, flooding, or disturbing of the water level or water table;
d. The driving of pilings;
e. The placing of obstructions;
f. The construction, reconstruction, demolition, or expansion of any
structure;
g. The destruction or alteration of wetlands vegetation through clearing,
harvesting, shading, intentional burning, or planting of vegetation that
would alter the character of a regulated wetland and/or stream,
provided that these activities are not part of a forest practice governed
under chapter 76.09 RCW and its rules;
h. Activities that result in a significant change of water temperature, a
significant change of physical or chemical characteristics of wetlands
and/or stream water sources, including quantity, or the introduction of
pollutants; or
i. Activities not specifically identified in section 9.2.
,
Permitted Uses in a Buffer Zone. Regulated activities shall not be allowed in
a buffer zone unless approved via the Conditional Use Permit process specified
in Title 18 of the Bainbridge Island Municipal Code, except for the following:
a. Activities having minimal adverse impacts on buffers and no adverse
impacts on regulated wetlands and/or streams. These may include low
intensity, passive recreational activities such as pervious trails,
nonpermanent wildlife watching blinds, short term scientific or
educational activities, and sports fishing;
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Page 21
February 20, 1992
Standards
1.
With respect to category III and IV wetlands, stormwater management
facilities having no reasonable alternative on-site location; or
With respect to category III and IV wetlands, development having no
feasible alternative location.
Buffer Zone Widths. Buffer zones shall be required for all allowed and
regulated activities adjacent to regulated wetlands and/or streams. Any wetland
and/or stream created, restored or enhanced as compensation for approved
wetland and/or stream alterations shall also include the standard buffer
required for the wetland category or stream type. Wetland buffers shall be
measured from the wetland boundary as surveyed in the field. Stream buffers
shall be measured from the top of the bank, and in the cases of a strean~ in a
ravine, from the top of the ravine bank. The width of the buffer zone shall be
determined according to wetland category or stream type and the proposed
land use.
Wetland Category
Buffer
1) Wetland Category I
150 feet
2) Wetland Category II 100 feet
3) Wetland Category III 50 feet
4) Wetland Category IV
25 feet
The/bllowing streamside buffers shall be maintained:
Stream Type Buffer (from top of bank)
Type 1,2,3
Type 4,5
50 feet on each side of bank
25 feet on each side of bank
Increased or Decreased Buffer Width.
The Director may require increased buffer widths, or may approve decreased
buffer widths on a case-by-case basis. The resultant buffer shall protect
t\mctions and values based on local conditions. The applicant will provide all
required professional reports to show that the proposed buffer will protect
regulated wetlands and streams from direct or indirect, short term or
long-term, adverse impacts from a regulated activity. The Director may
require long-term monitoring of the project and subsequent corrective actions
if adverse impacts are discovered. A decreased buffer shall not resttit in
Page 22
February 20, 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINAl'ICE #92-07
F,
greater than a 25 percent reduction in the standard buffer width, and the
reduced buffer shall not be less than 25 feet.
Buffer Width Averaging.
Standard buffer zones may be modified by averaging buffer widths. Width
averaging shall be allowed only where the applicant demonstrates all of the
following:
a) That width averaging will not adversely impact the functions and
values; and
b) That the total area contained within the buffer after averaging is no less
than that contained within the standard buffer prior to avera~;ing. In no
instance shall the buffer width be reduced by more than 50% of the
standard buffer or be less than 25 feet.
Except as otherwise specified, buffer zones shall be retained in their natural
condition. Where buffer disturbance has occurred during construction,
revegetation with native vegetation will be required unless the Director
approves a substitute vegetation with the same or better runoff mitil;ation
capabilities.
Reasonable Use Avoiding Wetland and/or Stream hnpacts.
If an applicant for a development proposal finds that application of these standards
would deny all reasonable economic use of the property, an application for
development, using the Conditional Use Permit process of Title 18 shall be allowed.
The applicant shall demonstrate all of the following:
1. That the proposed activities will result in no alteration or impairment to the
wetland and/or stream's functional characteristics and its existing contours,
vegetation, fish and wildlife resources, and hydrological conditions;
2. That disturbance of wetland and/or streams has been minimized by locating
any necessary alteration in buffers to the extent possible;
3. That the proposed activities will not jeopardize the continued existence of
endangered, threatened, rare, sensitive, or monitor species as listed by the
federal government or the State of Washington;
4. That the proposed activities will not cause significant degradation of
groundwater or surface-water quality;
5. That the proposed activities comply with all state, local and federal laws,
including those related to sediment control, pollution control, floodplain
restrictions, and on-site wastewater disposal;
6. That any and all alterations to wetland, streams and buffers will be mitigated.
7. That there will be no damage to nearby public or private property and no
threat to the health or safety of people on or off the property; and
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Page 23
February 20, 1992
8. That the inability to derive reasonable economic use of the property is not the
result of actions by the applicant in segregating or dividing the property and
creating the undevelopable condition after the effective date of this chapter.
If, through the Conditional Use Permit process it is found that alteration of a wetland
and/or stream or buffer is necessary and unavoidable, the approval decision shall set
forth in writing with findings with respect to each of the items listed in this
subsection.
Determination of Regulatory Wetland Boundary.
The exact location of the wetland boundary shall be determined by the applicant
through the performance of a field investigation applying the wetland definition
provided in this chapter. A wetlands biologist approved by the City shall perform
wetland delineations using the "Federal Manual for Identifying and Delineating
Jurisdictional Wetlands (1989 version)" and evaluate impacts of the proposed project.
The applicant is required to show the location of the wetland boundary on a scaled
drawing as a part of the permit application. The Director, when requested by the
applicant, ~nay waive the delineation of boundary requirement for the applicant and,
in lieu of delineation by the applicant, perform the delineation. The Director shall
consult with wetland biologists as needed to perform the delineation. The applicant
will be charged for the costs incurred, including City staff time. Where the Director
performs a wetland delineation at the request of the applicant, such delineation shall
be considered a final determination. Where the applicant has provided a delineation
of the wetland boundary, the Director shall verify tile accuracy of, and may render
adjustments to, tile boundary delineation. In the event the adjusted boundary
delineation is contested by the applicant, the Director shall, at the applicant's expense,
obtain a wetland biologist to render a final delineation.
Compensating for Wetland and/or Stream Impacts.
As a condition of any permit allowing alteration of regulated wetland and/or streams
and/or buffers, or as an enforcement action, the Director shall require that the
applicant engage in the restoration, creation or enhancement of wetlands and streams
and their buffers in order to offset the impacts resulting from the applicant's or
violator's actions. The applicant shall develop a plan that provides for land
acqui sition, construction, maintenance and monitoring of replacement wetland and/or
stream that recreate as nearly as possible the original in terms of acreage, function,
geographic location and setting, and that are larger than the original. The overall
goal of any wetland compensatory project shall be no net loss of wetlands function
and acreage and to strive for a net resource gain in wetlands over present conditions.
Compensation slnall be completed prior to wetland and/or stream destruction, where
possible. Compensatory mitigation shall follow an approved mitigation plan as
required by this Chapter, and shall meet the following minimum performance
standards:
Page 24
February 20, 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Given the need for expertise and monitoring, compensatory projects; may be
permitted only when the Director finds that the compensation project is
associated with an activity or development otherwise permitted and that the
restored, created, or enhanced wetland will perform the same functions and
values as the wetland it replaces. Additionally, the applicant shall:
C,
Demonstrate sufficient scientific expertise, supervisory capability, and
financial resources to carry out the project;
Demonstrate the capability for monitoring the site and to make
corrections during this period if the project fails to meet projected goals
and plans; and
Protect and manage or provide for the protection and management of
the compensation area to avoid further development or degradation and
to provide for long-term persistence of the compensation area.
Wetlands and Streams Restoration and Creation.
a. Any person who alters regulated wetlands or streams shall restore or
create equivalent areas or greater areas than those altered in order to
compensate for losses.
Where feasible, restored or created wetlands and streams shall be a
higher category than the altered wetland or stream.
Compensation areas shall be determined according to ~nction, acreage,
type, location, time factors, ability to be self sustaining and projected
success. Functions and values shall be calculated using the best
professional judgement of a wetlands biologist, or in the case of
streams a stream scientist, using the best available techniques. Multiple
compensation projects may be proposed for one project in order to best
achieve the goal of no net loss.
Acreage replacement ratio. The following ratios apply to creation or
restoration which is in-kind, onsite, timed prior to or concurrent with
alteration, and has a high probability of success. These ratios do not
apply to remedial actions resulting from illegal alterations. The first
number specifies the replacement acreage of wetlands and the second
specifies the acreage of wetlands altered.
Category I 6:1
Category II or Ill
Forested 3: 1
Scrub-shrub 2:1
Emergent 1.50:1
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Page 25
February 20, 1992
o
Category IV 1.25: 1
ii.
111.
Increased Replacement Ratio.
The Director may increase the ratios under the following
circumstances:
(a) Uncertainty as to the probable success of the proposed
restoration or creation;
(b) Significant period of time between destruction and
replication of wetland functions;
(c) projected losses in functional value; or
(d) offsite compensation.
Decreased Replacement Ratio.
The Director may decrease these ratios when there are findings
of special studies coordinated with agencies with expertise which
demonstrate that no net loss of wetland function or value is
attained under the decreased ratio.
In all cases, a minimum acreage replacement ratio of 1:1 shall
be required.
Wetlands Enhancement.
a. Any applicant proposing to alter wetlands may propose to enhance
existing significantly degraded wetlands in order to compensate for
wetland losses. An applicant proposing to enhance wetlands shall
identify how enhancement conforms with the overall goals and
requirements of this ordinance.
A wetlands enhancement compensation project shall be determined
pursuant to this Section provided that enhancement for one function and
value will not degrade another function or value and that acreage
replacement ratios shall be doubled to recognize existing functional
values and, provided further, that category I wetlands shall not be
enhanced.
Wetland Type. In-kind compensation shall be provided except where the
applicant can demonstrate that:
a. The wetland system is already significantly degraded and out-of-kind
replacement will result in a wetland with greater ~nctions and values;
b. Scientific problems such as exotic vegetation and changes in watershed
hydrology make implementation of in-kind compensation impossible;
c. Out-of-kind replacement will best meet identified regional goals (eg.,
replacement of historically diminished wetland types); and
d. Where out-of kind replacement is accepted, greater acreage replacement
ratios may be required to compensate for lost functions and values.
Page 26
February 20, 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Location.
a. On-site compensation shall be provided except where the applicant can
demonstrate that:
i. The hydrology and ecosystem of the original wetland and those
who benefit from the hydrology and ecosystem will not be
substantially damaged by the onsite loss; and
ii. Onsite compensation is not scientifically feasible due to
problems with hydrology, soils, waves, or other factors;
iii. Compensation is not practical due to potentially adverse impact
from stirrounding land uses;
iv. Existing functions and values at the site of the proposed
restoration are significantly greater than lost wetland ~mctional
values; or
v. That established regional goals for flood storage, flood
conveyance, habitat or other wetland functions have been
established and strongly justify location of compensatory
measures at another site.
Offsite compensation shall occur within the same watershed as the
wetland loss occurred, provided that category IV wetlands may be
replaced outside of the watershed when there is no reasonable
alternative.
c. In selecting compensation sites, an applicant shall pursue siting in the
tollowing order of preference:
i. Upland sites which were formerly wetlands;
ii. Idled tipland sites generally having bare ground or vegetative
cover consisting primarily of exotic introduced species, weeds,
or emergent vegetation; or
iii. Other disturbed upland.
Timing. Where feasible, compensatory projects shall be completed prior to
activities that will disturb wetlands, and immediately after activities that will
temporarily disturb wetlands. In all other cases, except for category I
wetlands, compensatory projects should be completed prior to use or
occupancy of the activity or development which was conditioned upon such
compensation. Construction of compensation projects shall be timed to reduce
impacts to existing wildlife and flora.
Cooperative Restoration, Creation or Enhancement Projects.
a. The Director may encourage, facilitate, and approve cooperative
projects wherein a single applicant or other organization with
demonstrated capability may undertake a compensation project with
funding froin other applicants under the following circumstances:
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Page 27
February 20, 1992
16.20.
A.
16.20.
A.
i. Restoration, creation or enhancement at a particular site may be
scientifically difficult or impossible; or
ii. Creation of one or several larger wetlands may be preferable to
many small wetlands.
Persons proposing cooperative compensation projects shall:
i. Submit a joint permit application;
ii. Demonstrate compliance with all standards;
iii. Demonstrate the organizational and fiscal capability to act
cooperatively; and
iv. Demonstrate that long term management can and will be
provided.
100 Minimizing Impacts to Critical Areas.
After it has been determined by the Director that negative impacts to critical areas are
necessary and unavoidable, the applicant shall take measures to minimize the
impacts.
Such measures shall include but is not limited to:
1. Limiting the degree or magnitude of the regulated activity;
2. Limiting the implementation of the regulated activity;
3. Using appropriate and best available technology;
4. Taking affirmative steps to avoid or reduce impacts;
5. Sensitive site design and siting of facilities and construction staging areas away
from critical areas and their buffers;
6. Involving resource agencies early in site planning; and
7. Providing protective measures such as siltation curtains, hay bales and other
siltation prevention measures, scheduling the regulated activity to avoid
interference with wildlife and fishcries rearing, resting, nesting or spawning
activities.
110 Mitigation Plan RequirementsWhen Required.
All critical area restoration, creation and/or enhancement projects required pursuant to
this chapter either as a permit condition or as a result of an enforcement action shall
follow a mitigation plan prepared by an expert approved by the Director. The
applicant or violator shall receive written approval of the mitigation plan by the
Director prior to commencement. Compensatory mitigation is not required for:
1. Regulated activities for which a permit has been obtained that occur only in
the buffer or expanded buffer and which have no adverse impacts to regulated
critical areas; or
2. Allowed activities which utilize best management practices to protect the
functions and values of regulated critical areas.
Page 28
February 20, 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Bo
Purpose of Mitigation Plan.
The mitigation plan shall provide information on land acquisition, construction,
maintenance and monitoring of the replaced critical area. The mitigation plan shall
recreate as nearly as possible the original critical area in terms of its' acreage,
function, geographic location and setting.
C,
Mitigation Plan Submittal Requirements.
A complete mitigation plan shall consist of plot plans, a written report, and
performance bonds, as required below. The plot plans and written report :shall be
prepared by qualified professionals approved by the Director.
1. Plot Plan Requirements.
The following information shall be submitted on one or more plot plans (as
determined by the Director):
a. A legal description and a survey (boundary, and topographyl prepared
by a licensed surveyor of the proposed development site, compensation
site, and location of existing critical area(s) on each. This shall include
wetland delineation and existing wetland acreage.
b. Scaled plot plan(s) indicating:
i. Proposed construction;
ii. Zoning setback and critical area buffer requirements;
iii. Construction phasing and sequence of construction;
iv. Site cross-sections, percent slope, existing and finished grade
elev ati on s;
v. Soil and substrate conditions;
vi. Grading and excavation plan, including erosion and sediment
control plans needed for construction and long-term survival;
subsIrate stockpiling locations and techniques, and source
controls needed for critical area construction and maintenance;
vii. Landscape plans indicating species, types, quantities, locations,
size, spacing or density of planting; planting season or timing;
planting instructions, watering schedule and nutrient
requirements; source of plant materials or seeds; and, where
appropriate, measures to protect plants from destruction or
predation; and
viii. Water control structures and water-level maintenance practices
needed to achieve the necessary hydrocycle/hydroperiod
characteristics, etc.
Written Report Requirements.
A written report shall accompany the plot plan(s) and shall provide the
additional information required below. In addition, the report should be used
as needed to clarify or explain elements of the plot plan(s).
a. Baseline information
CITY OF BAINBRIDGE iSLAND ESA ORDINANCE #92-07
Page 29
February 20, 1992
i. Wetland delineation and existing wetland acreage;
ii. Vegetative, faunal and hydrologic characteristics;
iii. Soil and subsirate conditions;
iv. Relationship within watershed and to existing streams, wetlands,
ponds, or saltwater;
v. Existing and proposed adjacent site conditions; and
vi. Existing and proposed ownership.
Environmental Goals and Objectives.
The report shall contain a description of the environmental goals and
objectives to be met by the compensation plan. The goals and
objectives shall be related to the functions and values of the original
critical area or, if out-of-kind wetland mitigation, the type or' wetland to
be emulated. This analysis shall include, but is not limited ~:o the
tollowing:
i. Site selection criteria;
ii. Identification of compensation goals;
iii. Identification of functions and values;
iv. Dates for beginning and completion of the project and
compensation plan;
v. A complete description of the relationship between and among
structures and functions sought;
vi. Review of available literature and/or known like-projects to date
in restoring or creating the type of critical area proposed;
vii. Likelihood of success of the proposed compensation project at
duplicating the original critical area. This shall be based on
experiences of comparable projects identified in the literature
review or existing projects, if any; and
viii. Likelihood of the ability of the created or restored critical area
to provide sustained functions and values of the original critical
area, this shall be based on such factors as surface and
groundwater supply and flow patterns; dynamics of the
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.
Performance Standards
Specific criteria shall be provided for evaluating whether or not the
goals and objectives of the project are met and for beginning remedial
action or contingency measures. Such criteria may include water quality
standards, survival rates of planted vegetation, species abunclance and,
diversity targets, habitat diversity indices, or other ecological,
geological or hydrological criteria.
Page 30
February 20; 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Detailed Specifications
Written specifications and descriptions of compensation techniques shall
be provided. These shall include, but not be limited to items in 11.3
(A)(2) above.
Monitoring Program
A program outlining the approach for monitoring construction of the
compensation project and for assessing a completed project shall be
provided. Monitoring may include, but is not limited to:
1. Establishing vegetation plots to track changes in plant species
composition and density over time;
2. Using photo stations to evaluate vegetation community
response;
3. Sampling surface and subsurface waters to determine pollutant
loading, and changes from the natural variability of background
conditions (Ph, nutrients, heavy metals);
4. Measuring base flow rates and storm water runoff to model and
evaluate water quality predictions, if appropriate:
5. Measuring sedimentation rates, if applicable; and
6. Sampling fish and wildlife populations to determine
habitat utilization, species abundance and diversity.
A protocol shall be included outlining how the monitoring data will be
evaluated by agencies that are tracking the progress of the compensation
project. A monitoring report shall be submitted annually, at a minimum,
documenting milestones, successes, problems, and contingency actions of the
compensation project. The compensation project shall be monitored for a
period necessary to establish that pertbrmance standards have been met, but
not for a period less than five years.
fo
Contingency Plan.
Identification of potential courses of action, and any corrective
measures to be taken when monitoring or evaluation indicate, s project
performance standards are not being met.
Performance Bonds and Demonstration of Competence.
A demonstration of financial resources, administrative, supervisory, and technical
competence and scientific expertise 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.
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Page 31
February 20, 1992
In addition, bonds ensuring fulfillment of the compensation project, monitoring
program, and any contingency measure shall be posted, a performance bond is
required in the amount of one hundred twenty (120) percent of the cost of the project
and a maintenance bond is required in the amount of one hundred twenty percent of
the cost of the project. The percent of the bonds may be increased by the Director
and the bonds may be waived only by the Director. See section 13.0 for additional
bonding requirements.
City Consultation.
The City may consult with and solicit comments of any federal, state, regional, or
local agency, including tribes, having any special expertise with respect to any
environmental impact prior to approving a mitigation proposal which includes critical
areas compensation. The compensation project proponents should provide sufficient
information on plan design and implementation in order for such agencies to comment
on the overall adequacy of the mitigation proposal.
Permit Conditions.
Any compensation project prepared pursuant to this section and approved by the
Director shall become part of the application for the permit.
16.20. 120. Enibrcement.
The Director shall have authority to enforce this chapter, any rule or regulation adopted, and
any permit or order issued pursuant to this chapter, against any violation or threatened
violation. The Director is authorized to issue violation notices and administrative orders, levy
fines, and/or institute legal actions in court. Recourse to any single remedy shall not preclude
recourse to any of the other remedies. Each violation of this chapter, or any rule or
regulation adopted, or any permit, permit condition, or order issued pursuant to this chapter,
shall be a separate offense, and, in the case of a continuing violation, each day's continuance
shall be deemed to be a separate and distinct offense. All costs, tees, attorneys' fees and
expenses incurred by the City in connection with any enforcement action shall be paid by the
violator. Enforcement actions shall include Civil Penalties, Administrative Orders and
Actions tbr Damages and Restoration.
The Director may bring appropriate actions at law or equity, including actions for
injunctive relief, to ensure that no uses are made of a critical area or their butters
which are inconsistent with this chapter.
The Director may issue a cease and desist order if an activity being undertaken in a
critical area or its buffer is in violation of this chapter. Whenever any person violates
this chapter or any permit issued to implement this chapter, the City of Bainbridge
Island may issue an order to cease such violation and to mitigate any environmental
damage resulting therefrom. The Director shall notify the owner of record. of the
property and the applicant for any permit issued pursuant to this chapter, if
Page 32
February 20, 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Do
122'
applicable, of the order by (1) leaving a copy of the notice with the owner of record
or applicant, or posting the notice in a conspicuous place on the subject property, and
(2) sending a copy of the notice to the owner of record or applicant by both certified
mail, return receipt requested and by regular mail. The order shall set forth and
con tain:
1. A description of the specific nature, extent, and time of violation and the
damage or potential damage;
2. A notice that the violation or the potential violation cease and desist or, in
appropriate cases, the specific corrective action to be taken within a given
time. A civil penalty may be issued with the order.
3. Effective date. The cease and desist order issued under this section shall
become effective immediately upon completion of the provision of notice of
the order pursuant to this section.
Compliance. Failure to comply with the terms of a cease and desist order can
result in enforcement actions including, but not limited to, the issuance of a
civil penalty.
Any person who undertakes any activity within a critical area or its buffer prior to the
issuance of all required permits, or any person who violates one or more conditions of
any permit required by this chapter or of any order issued pursuant to subsection B of
this section shall incur a penalty allowed per violation. In the case of a continuing
violation, each permit violation and each day of activity without a required permit
shall be a separate and distinct violation. The penalty amount shall be set in
consideration of the previous history of the violator and the severity of the
environmental impact of the violation.
Aiding or abetting. Any person who, through an act of commission or omission
procures, aids or abets in any violation of this chapter or an order issued pursuant to
this chapter shall be considered to have committed a violation for the purposes of the
orders, actions and penalty.
Notice of penalty. Civil penalties imposed under this section shall be imposed by a
notice in writing, by either certified mail with return receipt requested or by personal
service, to the person incurring the same from the City of Bainbridge Island. The
notice shall describe the violation, approximate the date(s) of violation, and shall
order the acts constituting the violation to cease and desist, or, in appropriate cases,
require necessary corrective action within a specific time.
Application for remission or mitigation. Any person incurring a penalty may apply in
writing within thirty days of the notice of the penalty to the Director for remission or
mitigation of such penalty. Upon receipt of the application, the Director may remit or
mitigate the penalty only upon a demonstration of extraordinary circunnstances, such
as the presence of information or factors not considered in setting the original penalty.
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Page 33
February 20, 1992
Orders and penalties issued pursuant to this section shall be final unless, within thirty
days from the date of the order, an appeal is filed with the County Superior Court, or
unless an application for remission or mitigation is filed with the Director within
thirty days of the date of the subject notice of penalty. Any decision on the
application for remission or mitigation shall be final unless, within thirty days from
the date of the decision, an appeal is filed with the County Superior Court.may be
appealed to the Superior Court.
Any person who wilfully or negligently violates this chapter or who knowingly makes
a false statement, representation, or certification in any application, record or other
document filed or required to be maintained under this chapter or who falsities,
tampers with, or knowingly renders inaccurate any monitoring device, record or
methodology required to be maintained pursuant to this chapter, commits a
misdemeanor, which will be enforced as all other misdemeanors under the municipal
code. In the event criminal proceedings are instituted against a violator, the
maximum penalty upon conviction shall be a fine of not more than one-thousand
dollars ($1000) or imprisonment for not more than one year, or both such fine and
imprisonment, for each violation.
16.20. 130. Notice on Title.
A,
The owner of any property with field verified presence of critical area or buffer on
which a development proposal is submitted shall file for record with the Kitsap
County Auditor a notice approved by the City of Bainbridge Island Director in a form
substantially as set forth in 13.0 (B). Such notice shall provide notice in the public
record of the presence of a critical area and buffer, the application of this chapter to
the property, and that li~nitations on actions in or affecting such areas may exist.
The applicant shall submit proof that the notice has been filed for record bet~re the
City of Bainbriclge Island shall approve any development proposal for such site. The
notice shall run with line land and failure to provide such notice to any purchaser prior
to transferring any interest in the property shall be in violation of this chapter.
B. Form of Notice:
CRITICAL AREAS AND/OR CRITICAL AREAS BUFFER NOTICE
Page 34
February 20, 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Legal Description:
Present owner:
NOTICE: This property contains critical areas or their buffers as defined by the City of
Banbridge Island Ordinance. The property
was the subject of a development proposal for
(type of permit) application #
filed on (date) Restrictions on use or alteration of the critical areas or their buffers may
exist due to natural conditions of the property and resulting regulations. Review of such
application has provided information on the location of critical areas or critical area buffers
and restrictions on their use through setback areas. A copy of the plan showing such setback
areas is attached hereto.
Signature of owner
STATE OF WASHINGTON)
COUNTY OF )
On this day personally appeared before
me to me known to be the individual(s) described in
and who executed the within and foregoing instrument
and acknowledged that they signed the same as their
free and voluntary act and deed for the uses and
purposes therein stated.
Given under my hand and official seal this ~ day of__,
NOTARY PUBLIC in and for the state of Washington, residing at
16.20.140 Bonding
A. Performance Bonds. When a performance bond is required, the applicant of a
development proposal shall post a performance bond acceptable to the Director. The
amount and the conditions of the bond shall be consistent with the purposes of this
chapter. The surety shall be a surety company authorized to do business in the State
of Washington. The Director shall release the bond upon determining that:
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Page 35
February 20, 1992
All activities, including any required compensatory mitigation, have been
completed in compliance with the terms and conditions of the permit and the
requirements of this chapter;
A maintenance bond has been posted by the applicant, where deemed
appropriate by the Director.
Until such written release of the bond, the principal or surety cannot be terminated or
canceled.
Maintenance Bonds. When a maintenance bond is required, the holder of a
development permit issued pursuant to this chapter shall post a bond acceptable to the
Director in an amount and with surety and conditions sufficient to guarantee that
structures, improvements, and mitigation required by the permit or by this chapter
perform satisfactorily for a minimum of two (2) years after they have been
completed. The Director shall release the maintenance bond upon determining that
performance standards established for evaluating the effectiveness and success of the
structures, improvements, and/or compensatory mitigation have been satisfactorily
met for the required period. For compensation projects, the performance standards
shall be those contained in the mitigation plan developed and approved during the
review process. The maintenance bond applicable to a compensation project shall not
be released until the Director determines that performance standards established for
evaluating the effect and success of the project have been met.
16.20. 150. Other Laws and Regulations.
No permit granted pursuant to this chapter shall remove an applicant' s obligation to comply
in all respects with the applicable provisions of any other Federal, State, or local law or
regulation.
16.20.160. Suspension, Revocation.
In addition to other penalties provided for elsewhere, the Director may suspend or revoke a
permit if it finds that the applicant or permittee has not complied with any or all of the
conditions or limitations set forth in accordance with this chapter, has exceeded the scope of
work set forth in the permit, or has failed to undertake the project in the manner set forth in
the approved application.
16.20.170. Non-Conforming Activities.
A regulated activity that was approved prior to the passage of this chapter and to which
significant economic resources have been committed pursuant to such approval but which is
not in contbrmity with the provisions of this chapter may be continued subject to the
tollowing:
Page 36
February 20, 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
No such activity shall be expanded, changed, enlarged or altered in any way that
increases the extent of its nonconformity without a permit issued pursuant to the
provisions of this chapter;
Except for cases of discontinuance as part of normal agricultural practices. if a
non-conforming activity is discontinued for 12 consecutive months, any resumption of
the activity shall conform to this chapter;
If a non-conforming use or activity is destroyed by human activities or an act of God,
it shall not be resumed except in conformity with the provisions of this chapter;
16.20.180. Agricultural Lands.
A. Purpose. The conservation and protection of agricultural lands on Bainbridge Island
are considered economically and nutritionally beneficial. Protection of these lands
will enhance the cultural and economic diversity and retain the rural character of the
Island.
Right to Farm.
1. The City declares that an agricultural operation that is in conformance with
United States Department of Agriculture Best Management Practices, is not a
public or private nuisance.
2. No agricultural operation or any of its appurtenances will be considered by the
City to be or become a nuisance, private or public, by any changes in or on
the surrounding land; provided that the provisions of this subsection shall not
apply whenever a nuisance results from the unlawful operation of any such
agricultural operation or its appurtenances.
Co
Standards.
1. All plats, development permits, and building permits issued for development
activities on, or within three hundred feet of lands registered as agricultural
lands and open space will contain a notice that the subject property is within or
near agricultural lands on which a variety of commercial activities may occur
that are not compatible with residential development.
2. All subdivisions, plats, and PUDs, shall provide an adequate buffer and/or
cluster development from agricultural operations.
16.20.190 Forest Resources
A. Purpose. Forests are valued for their contribution to aquifer recharge, wildlife
habitat, rural status, and recreational opportunities, as well as timber and other torest
products. It is through the proper management of forestry that environmental
benefits will also accrue in areas of enhanced water quality, air quality, reduction of
soil erosion, control of storm water runoff, provision of scenic and recreational
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Page 37
February 20, 1992
spaces, and providing a valuable buffer of a natural ecological equilibrium, as well as
providing a renewal resource.
Classification. The classification guidelines for forest lands is to be based upon the
private land grades of the Department of Revenue (WAC 458-40-530). This system
incorporates consideration of growing capacity, productivity and soil composition of
the land. Forest lands of long-term commercial significance will generally have a
predominance of the higher private forest land grades. However, the presence of
lower private forest land grades within the areas of predominately higher grades need
not preclude designation as forest land.
Forest Practices Applications. Forest Practices are uses and activities relating to the
growing, harvesting and limited processing of timber. This includes, but is not
limited to (1) site preparation and regeneration; (2) protection from insects, fire and
disease; (3) silvicultural practices such as thinning, fertilization and release from
competing vegetation; and (4) harvesting. Forest practices do not include log
storage.
D,
Standards/Regulations.
1. All timber harvesting shall be done in compliance with the current rules and
regulations adopted under the Forest Practice Act and the Timber, Fish and
Wildlife agreement or their successor.
2. Replanting or seeding required under Forest Practice regulations shall be
accomplished within 18 months of harvest.
3. When timberland is to be converted to another use, such conversion shall be
clea~y indicated on the Forest Practice application. Failure to indicate the
intent to convert the timberland to another use on the application shall provide
adequate grounds ti>r denial of subsequent permits or proposals for a period of
six years from date of Forest Practices application approval (RCW
76-09-060(3)(b)(i). Timber harvest shall not be permitted until plat approval
or other applicable land use authorization has been given and any required
permits have been issued for the land division and intended subsequent use.
In reviewing and regulating Forest Practices Applications that are Class IV
Conversions, the following standards shall apply within the City:
a. gainbridge Island Municipal Code and related ordinances, including
but not limited to Zoning, Subdivision Standards, Short Plat
requirements, and SEPA.
b. gainbridge Island Subarea Plan policies;
c. City of Bainbridge Island (formerly Winslow) Comprehensive Plan
Development in areas currently used for forest land shall be clustered where possible;
inclusion of such areas in open space should be encouraged whenever possible.
Page 38
February 20, 1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE//92-07
16.20.200. Mining.
A. Purpose. The purpose of this section is to establish management policies which
rigidly control the operation of the excavation of sand and other minerals, as well as
gravel pits in the City, and meet the requirements of the State Growth Management
Act to identify and classify mineral resource lands from which the extraction of
minerals can be anticipated.
Applicability. Mining is the removal and primary processing of naturally occurring
materials from the earth for economic use. For purposes of this definition,
"processing" includes screening, crushing, stockpiling, all of which utilize materials
removed from the site where the processing activity is located. Mining activities also
include in-water dredging activities related to mineral extraction. Processing does not
include general manufacturing, such as the manufacture of molded or cast concrete or
asphalt products, asphalt mixing operations, or concrete batching operations.
General Regulations:
1. Excavation of sand, gravel, and other minerals shall be done in strict
conformance to the Washington State Surface Mining Reclamation Act
(Chapter 78.44 RCW) and applicable provisions of the City of Bainbridge
Island Code, and other regulations.
2. Mining operations shall comply with all local, state and federal water quality
standards and pollution control laws. Operations shall utilize effective
techniques to prevent or minimize surface water runoff, erosion and
sedimentation; prevent reduction of natural flows; protect all areas froin acidic
or toxic materials; and maintain the natural drainage courses of all streams.
Surface water runoff shall be impounded as necessary to prevent accelerated
runoff and erosion.
3. Overburden, mining debris and railings shall not be placed in water bodies or
floodways and shall be stored and protected in such a manner so as to prevent
or minimize erosion or seepage to surface and ground waters.
If substantial evidence indicates that mining operations are causing, or
continuation of operation would cause, significant adverse impacts to water
quality or to the geo-hydraulic functioning of a stream, the City of Bainbridge
Island may terminate the mining permit or impose further conditions on the
mining operation.
In no case shall mining operations impair lateral support and thereby result in
earth movements extending beyond the boundaries of the site.
Precautions shall be taken to insure that the stagnant or standing water,
especially that of a toxic or noxious nature, does not develop, and that
flooding and evaporation will not lead to the stranding of fish in open pits.
D. Regulations: Setbacks and Buffers.
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Page 39
February 20, 1992
16.20.220. Assessment Relief.
The City of Bainbridge Island, in imposing special assessments, shall take into account the
easements or perpetual conservation restrictions in Environmentally Sensitive Areas.
Section 2. This Ordinance shall take effect and be in force five days from and after its
passage, approval, and publication as required by law.
PASSED by the City Council this 20thday of February , 1992.
APPROVED by the Mayor this 20th:lay of February , 1992.
~ato, Mayor
ATTES T/AUTHENTIC ATE:
Susan P. Kasper, Clerk-Trcasurcr
Approved as to form:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: February 20,
PASSED BY THE CITY COUNCIL: February 20,
PUBLISHED: February 25, 1992
EFFECTIVE DATE: March 1, 1992
ORDINANCE NO.: 92-06
1992
1992
CITY OF BAINBRIDGE ISLAND ESA ORDINANCE #92-07
Page 41
February 20, 1992