ORD 99-22 CLARIFYING EDUCATIONAL AND SCIENTIFIC ACTIVITIES ALLOWED IN WETLANDSORD. 99L22
AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, clarifying the types of educational and scientific
activities that are allowed in wetl_nnds and streams and their burfen;
amending subsections 16.20.090.F.3 and G.2 of the Bahbridge
Island Municipal Co~, and adding a new subsection 16.20.020 of
the Bahbridge I,hnd Municipal Code to clarif~ the types of
~, the City of Bainbridge Island adop~ a Comprehensive Plan on Sel~ember 1,
which contained a Framework Policy 3.2, encouraging a public education program to fos~r
community's understanding of the natural systems 'of the Island and their carrying catacity; and
~, the City passed Ordinance 98-35, dated February 4, 1999, adding a definition
of "educati~mal institutions," to the Bainbfidge l~and Municipal Code, and mending the
atmditicmal use perufit criteria to allow for such educational institutions; and
WI4RREAS, edu_t~___fional institutions with environmental education programs have the
ability to fur~R~ the Com~sive Plan's Framework Policy 3.2 by educating segments of the
l~Bblic about the Island's natural systems; and
WHttRFAS, the City's Critical Areas Ordinance, Chapter 16.20 BIMC, currently allows,
ilttrsuant to Sections 16.20.090.F.3 and G.2, 'short-term scientific or educational activities" to be
limnitL,~- within wetlands and learns or their buffen; and
WHRREAS, the Critical Areas Ordinance does not define the permitted educational or
Sientifg activities and the leaTn 'short-term' does not necessarily limit sensitive areas impacts; and
WI-~-REAS, the City desires to enact a definition of the pem-,itted educational activities for
purposes d limiting these activities in or near weftands and streams to ensure that they are
~mduclet under the auspices of an educational instimlion defined in Section 18.06.335 and
liffmi~ by a conditional use permit; and
WHRRBAS, the City wishes to enact a set of criteria to guide the City's review of scienlific
sSsd educational activities in critical areas; and
WHI~REAS, the City desires to balance its policies of promoting environmental education
With its policies regarding the minimivation of environmental impacts; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
ORDAIN AS FOLLOWS:
Section 1. A new subsection is added to Section 16.20.020 of the Bainbridge Island
llunicilnl Code, as follows:
program that is appmved through a conditional use pealif. it. These activities must be
directly relaled to the affeOR! wetland and/or stream and related buffers and may
include the viewing and sampling of natural systems. These activities may also
include physical structures (such as pervious trnit% benches, permanent wildlife
watching blinds, bmntwnlk~ or viewing platforms, etc. ) or minor modifications to
weftands, streams or other critical areas and their biers. Any physical structur~
or minor modifications are subject to City approval to minim~ the impacts of
human intrusion on the functions and values of critical areas and their buffers
~u~ding to the following criteria: minimize the foo~nt of structures and the
number of access points to any particular critical area; minimize the amount of
clearing and grading; elevate mrucmres whe~ possible; avoid impacting the flow of
wa~; use appropri~ building materials; minimize the impacts of construction. ~
Section 2. Subsection 16.20.090.F.3 of the Bainbridge Isl_and Municipal Code is amended
read as follows:
F. Permitted Uses in Streams or Wetlands. The following uses shall be
allowed within a stream or w~l_and, provided, that the use is not prohibited by any
other clmp~ or law and is conducted using best management practices and does not
result in the conversion of a reg,,lawrl wetland or stream to another category or class
or a use to which it was not l~viously subjectH (forest practices and conversions
shall be governed by Cha 76.09 aria its rules);
3. Low intensity, passive recreational activities such as pervious
trailn, nonpermanent wildlife. watching blinds, i,.ett te~.n scientific or
educational activities as defined in Section 16.20.020, and sports fishing.
Secti~3. Subsection 16.20.090.G.2 of the Bainbridge Inland Municipal Code is mended
lV read as follows:
G. Permitted Activities and Uses in a Buffer Zone. The following activities
and uses having minimal adverse impacts on buffers and no adverse impacts on
regulntnl wetlands and/or streams shall be permitled in required buffms:
2. Low intensity, passive recreational activities such as pervions
trails, nonpermanent wildlife watching blinds, s!,.ett tam scientific or
educational activities as defined in Section 16.20.020, and sports fishing.
Section 4. This ordinance shall mice effect and be in force five days from and after its
Iresage, approval, publication and posting as required by law.
PASSI:.n by the City Council this /; rj day of /)~ ,1999.
APPROVED by the Mayor this __
ATrEST/A~CATB'~:
APPR~ AS TO FORM:
/g~day of //~ .1999.
/hod P. ~ City Attorney
WITH THE CITY C~ ,F, RK:
~A~EI) BY THE CITY COUNCIL:
.~UBL~:
FFFL'rlVB DATE:
~RDINANCE NUMBER:
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