Loading...
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 DOCS\94700\105X223755.02 08/23/01 -1- 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. DOCS\94700\105~223755.02 08/23/01 -2- 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 DOCS\94700\ 105\223755.02 08/23/01 -3-