ORD NO. 2018-11 REPEALING CHAPTER 16.22 VEGETATION MGMT OF THE BIMCORDINANCE NO. 2018-11
AN ORDINANCE of the City of Bainbridge Island, Washington,
repealing Chapter 16.22 Vegetation Management of the
Bainbridge Island Municipal Code.
WHEREAS, the adopted City of Bainbridge Island Comprehensive Plan supports the
protection of natural resources through the adoption of development regulations; and
WHEREAS, the City of Bainbridge Island ("City") is required by the Growth
Management Act ("GMA") (see, e.g., RCW 36.70A.130) to conduct a periodic legislative
review and update of its comprehensive plan and development regulations to ensure consistency
with updated state laws and population and employment projections; and
WHEREAS, the City's Comprehensive Plan acknowledges the finite nature of the
Island's natural resources and the unpredictable cumulative impacts of climate change in our
region by including integration of the precautionary principle to protect and preserve natural
resources in accordance with WAC 365-195-920; and
WHEREAS, on February 27, 2018, the City Council approved Ordinance 2018-01, the
update to the City's Critical Areas Ordinance; and
WHEREAS, the regulations to conserve and protect one type of critical area, aquifer
recharge areas, were enhanced through the Critical Areas Ordinance update through the addition
of Aquifer Recharge Protection Areas as a tree and vegetation protection measure in the R-0.4,
R-1, and R-2 zones, areas that total almost 91% of the land area on Bainbridge Island; and
WHEREAS, Chapter 16.22 Vegetation Management was added to the Bainbridge
Island Municipal Code in 1997 and has not been amended since; and
WHEREAS, Chapter 16.22 Vegetation Management is a fusion of the provisions for
different classes of forest practices defined by Chapter 76.09 RCW Forest Practices and the
City's prior open space requirements, which were revised in in 2004; and
WHEREAS, Chapter 16.22 Vegetation Management applies primarily in the R-0.4, R-
1, and R-2 zones, and the new Aquifer Recharge Protection Area approved with the updated
Critical Areas Ordinance overlaps and conflicts with the vegetation preservation requirements
in Chapter 16.22 Vegetation Management; and
WHEREAS, repealing Chapter 16.22 Vegetation Management provides greater clarity
for property owners and City staff in understanding vegetation preservation requirements; and
WHEREAS, repealing Chapter 16.22 Vegetation Management does not absolve a
property owner from obtaining a Forest Practice permit from the State Department of Natural
Resources, when applicable; and
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WHEREAS, notice was given on March 16, 2018, to the Office of Community
Development at the Washington State Department of Commerce in conformance with RCW
36.70A.106; and
WHEREAS, the Planning Commission discussed Ordinance No. 2018-11 and held a
public hearing on March 29, 2018, and after closing the public hearing, recommended approval
of the ordinance to the City Council, assuming that the Critical Areas Ordinance takes effect as
scheduled on April 23, 2018; and
WHEREAS, the City Council discussed Ordinance No. 2018-11 on April 10, 2018.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 16.22 Vegetation Management of the Bainbridge Island Municipal
Code is hereby repealed in its entirety.
Section 2. Savings Clause. Chapter 16.22 is being repealed by this ordinance because
the Bainbridge Island City Council has determined that Chapter 16.22 is no longer necessary
after the adoption of the updated Chapter 16.20 by Bainbridge Island Ordinance No. 2018-01. If
any section, sentence, clause, or phrase of BIMC 16.20.090, 16.20.100, or 16.20.180.H as
adopted by Ordinance No. 2018-01 or as later amended, is held to be invalid or unconstitutional
by the Growth Management Hearings Board or a court of competent jurisdiction, the provisions
of Chapter 16.22 in effect prior to this repeal shall be restored, revived, and in full force and
effect as if this repeal of Chapter 16.22 was never adopted.
Section 3. This ordinance shall take effect and be in force on and after five days from its
passage and publication as required by law.
PASSED BY THE CITY COUNCIL this 24th day of April, 2018.
APPROVED BY THE MAYOR this 24th day of April, 2018.
Kol Medina, Mayor
ATTE�AUTHENTICATE:
r �
Christine Brown, Cit erk
FILED WITH THE CITY CLERK: April 6, 2018
PASSED BY THE CITY COUNCIL: April 24, 2018
PUBLISHED: April 27, 2018
EFFECTIVE DATE: May 2, 2018
ORDINANCE NUMBER: 2018-11
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