ORD 2001-34 SSDP SSDE MORATORIUMORDINANCE NO. 2001-34
AN ORDINANCE of the City of Bainbridge Island, Washington, imposing a
moratorium on applications for shoreline substantial development permits and
shoreline substantial development exemptions, and repealing Ordinance No.
2001-32.
WHEREAS, in March 1999, Puget Sound Chinook were listed as a threatened species
under the Endangered Species Act; and
WHEREAS, in September 2000, the City Council adopted Resolution No. 2000-31,
recognizing that Bainbridge Island contains critical habitat to Puget Sound Chinook and making
the protection of salmonid habitat a high priority for the City; and
WHEREAS, in May 2001, the City Council adopted a general salmon recovery and
conservation strategy, of which the two most important components are the revision of the
City's Shoreline Master Program (Chapter 16.12 BIMC) and of the City's critical areas
ordinance (Chapter 16.20 BIMC); and
WHEREAS, Bainbridge Island's 48.5 miles of shoreline is approximately 51 percent
armored and heavily developed with shoreline structures, which may fragment remaining
natural habitat with an unknown cumulative effect; and
WHEREAS, shoreline structures, such as piers, docks, and bulkheads, have the
potential to cause significant impact to critical shoreline habitat, by changing beach substrate
and elevation which can negatively effect juvenile salmon migratory patterns; and
WHEREAS, the removal of riparian and overhanging vegetation can cause changes in
microclimate and water quality, and can impact the food web critical to salmonids; and
WHEREAS, in addition to the direct impacts described above, shoreline structures can
cause significant stress to marine vegetation and animals that are critical to healthy salmonid
habitat; and
WHEREAS, currently, the City lacks adequate tools and detailed scientific knowledge
necessary to a full evaluation of the individual and cumulative environmental impacts of
shoreline development in salmonid habitat; and
WHEREAS, the Bainbridge Island Nearshore Assessment, a federally funded shoreline
inventory and ecological assessment project, has recently begun and will provide the basic
scientific knowledge required to develop the necessary resource management tools for the
Shoreline Master Program revision; and
WHEREAS, once the Bainbridge Island Nearshore Assessment is complete, it will take
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additional time to revise the City's Shoreline Master Program and critical areas ordinance, and '
to obtain the necessary approvals of the revisions from the state Department of Ecology; and
WHEREAS, the City needs additional time to gather, study and analyze the
appropriate scientific information, and to revise the Shoreline Master Program and critical
areas ordinance, during which time significant shoreline habitat that supports a species
threatened with extinction could be lost or damaged; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt a
moratorium on development of up to one year and to hold a public hearing on the moratorium
within 60 days of the commencement of the moratorium; and
WHEREAS, the City Council has determined that a moratorium is necessary for the
protection of the public health, safety, property, or peace, including the protection of shoreline
habitat that supports a species threatened with extinction; now, therefore
THE CITY COUNCIL OF TIlE CITY OF BAINBRIDGE ISLAND, DO ORDAIN
AS FOLLOWS:
Section 1. Imposition of Moratorium. A moratorium is imposed on the filing of
new applications for shoreline substantial development permits, shoreline substantial
development exemptions and shoreline conditional use permits; provided, that the Director of
Planning and Community Development shall approve an exemption from the moratorium for
applications solely for normal maintenance, normal repair and emergency repair of existing
structures. This moratorium shall not apply to shoreline permits for single family residences
and their normal appurtenances within the shoreline jurisdiction. The terms in this section
shall have the definitions stated in BIMC 16.12.030.
Section 2. Term of Moratorium. The moratorium imposed in this ordinance shall
take effect five days after its passage, approval and publication as required by law and shall
continue in effect until and including September 1, 2002, unless repealed, extended or
modified by the City Council after subsequent public hearing and entry of appropriate findings
of fact pursuant to RCW 35A.63.220.
Section 3. Repealer. Ordinance No. 2001-32 is hereby repealed.
Section 4. Severability. If any section, sentence, clause or phrase of this ordinance
shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 5. Effective Date. This ordinance shall take effect and be in force five days
from and after its passage, approval and publication as required by law.
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PASSED by the City Council this 22~ day of August, 2001.
APPROVED by the Mayor the 23rd day of August, 2001.
DW~IGHT SUTT~)N, Mayor
ATTEST/AUTHENTICATE:
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
August 21, 2001
August 22, 2001
August 29, 2001
September 3, 2001
2001-34
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