ORD 2001-45 SSDP/SSDE MORATORIUMORDINANCE NO. 2001- 45
AN ORDINANCE of the City of Bainbridge Island, Washington,
adopting findings of fact supporting the City's moratorium on
applications for shoreline substantial development permits, shoreline
substantial development exemptions, and shoreline conditional use
permits; amending Section 1 of Ordinance No. 2001-34; and adding a
new section to Ordinance No. 2001-34.
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.
2000-3 I, 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 the City's critical
areas ordinance (Chapter 16.20 BIMC); and
WHEREAS, Bainbridge Island's shoreline is approximately 51 percent armored
and heavily developed with shoreline structures, which may fragment remaining natural
habitat; 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
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environmental impacts of shoreline development in salmonid habitat; End
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 additional time to revise the City's Shoreline Master Program and critical
areas ordinance, and obtain necessary approvals from the state Department of Ecology;
and
WHEREAS, the City needs additional time to gather, study and analyze the
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, on August 22, 2001, the City Council passed Ordinance No.
2001-34, imposing a moratorium on the filing of certain applications for shoreline
substantial development permits, shoreline substantial development exemptions, and
shoreline conditional use permits; and
WHEREAS, on October 10, 2001, the City Council held a public hearing on
the moratorium imposed in Ordinance No. 2001-34; and
WHEREAS, the City Council has determined that a moratorium, as modified
by this Ordinance, 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, and desiies to enter the findings set forth in this Ordinance to support
the moratorium as required by RCW 35A.63.220 and RCW 36.70A.390; now,
therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, DO
ORDAIN AS FOLLOWS:
Section 1. Establishment of Findings. A new Section 6 is added to
Ordinance No. 2001-34 as follows:
Findings. Based on the public testimony and other evidence submitted at
the public hearing held on October 10, 2001, the City Council enters the
following Findings of Fact to support the moratorium described in
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Section 1 of Ordinance No. 2001-34, as amended by Sectioh '2 of this
Ordinance ("Moratorium"):
1. On October 10, 2001, the City Council held a public
hearing on the moratorium on the filing of certain applications for
shoreline substantial development permits, shoreline substantial
development exemptions, and shoreline conditional use permits.
2. The City Council considered testimony by staff regarding
the Moratorium submitted at the hearing. At the hearing, members of
the public had the opportunity to present testimony and other evidence
regarding the imposition of the Moratorium.
3. In March 1999, Puget Sound Chinook were listed as a
threatened species under the Endangered Species Act. The Kitsap
Peninsula Salmonid Refugia Study, authored by Kitsap County and dated
July 13, 2000, identifies Bainbridge Island nearshore as Category B
salmonid refugia (Category B refers to high quality but altered
conditions, with good ecological integrity). The National Marine
Fisheries Service has ruled that "critical habitat is designated to include
all marine, estuarine and river reaches accessible to listed chinook
salmon in Puget Sound." (50 CFR 226.212) 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.
4. 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).
5. Bainbridge Island has 48.5 miles of shoreline. The City's
shorelines are approximately 51 percent armored and are heavily
developed with shoreline structures, which may fragment remaining
natural habitat with an unknown cumulative effect.
6. 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. The removal of riparian and
overhanging vegetation can cause changes in microclimate and water
quality, and can impact the food web critical to salmonids. Moreover, in
addition to these direct impacts, shoreline structures can cause significant
stress to marine vegetation and animals that are critical to healthy
DOCS\94700\105~26602.01 10/12/01 -3-
addition to these direct impacts, shoreline structures can cause s'ignificant
stress to marine vegetation and animals that are critical to healthy
salmonid habitat.
7. 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.
8. In order to provide the basic scientific knowledge required
to develop the necessary resource management tools for the Shoreline
Master Program revision, the City has recently begun the Bainbridge
Island Nearshore Assessment, a federally funded shoreline inventory and
ecological assessment project.
9. Once the Bainbridge Island Nearshore Assessment is
complete, the City will need 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. The City anticipates that the revisions to the Shoreline Master
Program and the critical areas ordinance will be completed prior to or by
September 2002.
10. Based on a simple trend analysis, the City estimates that in
the time that it will take to revise the Shoreline Master Program and the
critical areas ordinance, the City will receive at least 14 shoreline
substantial development permit applications and 29 shoreline substantial
development exemption applications, all of which may cause additional
harm to the shoreline habitat. In addition, based on the City's
experience in the past, the City expect to receive an increased number of
applications due to the pending regulation changes. The City estimates
that this increase will be approximately twenty percent. There has been
a noticeable increase in shoreline permit applications since the time that
Puget Sound Chinook were listed as a threatened species under the
Endangered Species Act in March 1999.
11. The City needs additional time to gather, study and
analyze carefully 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.
12. The amendments to the moratorium imposed in Section 1
of Ordinance No. 2001-34, stated in Section 2 of Ordinance No. 2001-
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45, will clarify and simplify the type of shoreline development that is
subject to the moratorium. The amendments also restrict the moratorium
to the structures that have the greatest potential to impact shoreline
habitat.
13. The Moratorium is necessary while the City considers the
appropriate scientific information, and prepares and considers the
revisions to the Shoreline Master Program and critical areas ordinance.
The City's land use and planning process, as well as the protection of
critical salmonid habitat, will suffer significant harm if the Moratorium
is not in place until the City completes the revisions to the Shoreline
Master Program and critical areas ordinance.
14. The City Council has determined that the 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.
Section 2.
follows:
Section 1 of Ordinance No. 2001-34 is amended to read as
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 for new overwater structures (piers, docks and floats) and new
shoreline armoring (bulkheads and revetments) where none has
previously existed. This moratorium shall not apply to shoreline permits
for single family residences and their normal appurtenances, which
includes Accessory Dwelling Units, within the shoreline jurisdiction.
The terms in this section shall have the definitions stated in BIMC
16.12.030.
Section 3. 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 4. 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,
PASSED by the City Council this 10th day of October, 2001.
APPROVED by the Mayor this llth day of October, 2001.
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DWIGHT SUTTON, Mayor
ATTEST/AUTHENTICATE:
SUSAN P. KASPER, City Clerk
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
October 9, 2001
October 10, 2001
October 17, 2001
October 22, 2001
2001-45
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