Kitsap County Code Development Critical Areas Ordinance Chapter 19 Vertical Analysis - Kitsap County Code Development Vertical Analysis
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Kitsap County Code Development Critical Areas Ordinance Chapter 19 1 Vertical Analysis Kitsap County Code Development Vertical Analysis D R A F T Version 8/9/2005
Kitsap County Code Development Critical Areas Ordinance Chapter 19 Vertical Analysis No. RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code RCW 36.70A.020 WAC 365-190-020 Purpose Element A [Urban Growth Areas Land Use Open Space Goal #1 Protect LU-2…All new residential developments 19.100.105 Purpose. The purpose of the Planning goals. (9) Retain open ...classification and designation of (introd)]…The benefits of directing growth to Kitsap County's resources, natural within the urban growth area should ordinance codified in this chapter is to space, enhance recreational natural resource lands and critical areas designated urban areas include: (4th bullet) systems and ecologically sensitive achieve..minimum densities except where identify and protect critical areas as required opportunities, conserve fish and is intended to assure the long-term Preservation of open space, critical areas areas…..Natural Systems Geol. Critical lower densities are appropriate to: 1) by the Growth Management Act..A.Goal wildlife habitat...10) Environment. conservation of natural resource lands and lands designated for resource Areas #1 Protect public safety and recognize the presence of critical areas…OS- Statement. It is the goal of Kitsap County Protect the environment and and to preclude land uses and protection; Element D.Open Space, health, maintain water quality and 1 Lands in county and city open space plans that the beneficial functions of critical areas enhance the state's high quality of developments which are incompatible Resource Protection and Critical Areas habitat…; #4 Develop a critical areas shall…include:(5th bullet) Areas identified as be preserved, and potential dangers or life… RCW 36.70A.170 with critical areas. ... (opening paragraph) Open space is defined ordinance that addresses land us e critical fish and wildlife habitat; NS-6 Building public costs associated with the each county, and each city, shall as land area consisting of natural systems, controls in geol. critical areas; Aquifer and land use applications in geologically inappropriate use of such areas be designate where appropriate: (d) resource lands and critical areas that Recharge Areas Goal #6 Preserve and critical areas will be reviewed to see that minimized by reasonable regulation of uses Critical areas include building limitations for future protect aquifer recharge areas...;Surface public health, safety and welfare are within, adjacent to or directly affecting such development D.1.a. Preserve the character Water Resources Goal #14 Develop a protected; NS-26 Kitsap County shall areas, for the benefit of present and future of identified rural areas by protecting and critical areas ordinance that protects safeguard surface water resources...SH-1 generations enhancing the natural environment; D.2.b. surface water resources..; Frequently Shoreline characteristics such as ...estuarine The County and the Cities shall protect Flooded Areas Goal #19... Prevent areas, biological wetlands, wetlands...and critical areas... development on floodplains...Plant, Fish other unique biological functions, valuable and Wildlife Habitat Conservation Areas natural systems... should be preserved and Goal #22 Preserve the biological restored; diversity of Kitsap County and Puget Sound; Shorelines Conservation and Resource Protection Goal #1 Preserve natural shoreline resources wherever possible; Water Quality Goal #4 Protect and enahance water quality in Puget Sound, Hood Canal, and inland lakes while allowing for compatible growth and development; Shorelines Goal #11 Preserve the biological diversity of Kitsap County and Puget Sound RCW 36.70A.060 (2) Each county WAC 365-190-020 Purpose Element D.2.e. The County and the Cities Natural Systems Frequently Flooded RL-10a Lands designated as Rural 19.100.110 Applicability. Kitsap County and city shall adopt development ...Counties and cities required or opting shall encourage the use of environmentally Areas Goal #20 Prevent land use in Wooded..are important for their…ecological shall not grant any permit, license or other regulations that protect critical areas to plan under the Growth Management sensitive development practices to minimize floodplains that may degrade water functions and values…NS-1 Development in development approval... except in Act of 1990 should consider the the impacts of growth on the County's quality during times of flooding; Plant, geol. critical areas should occur in a manner compliance with the provisions of this title. B. definitions and guidelines in this chapter natural resource systems; Fish and Wildlife Habitat Conservation that poses no hazard…and minimizes This section applies to all uses and activities when preparing development regulations Areas Goal #24 Develop a critical areas impacts to the natural environment; SH-2 within areas or adjacent to areas designated which preclude uses and development ordinance and development regulations Encourage and support shoreline diversity as regulated critical areas incompatible with critical areas which protect habitat conservation areas through planned and coordinated and important habitat elements; development...SH-3 Uses and activities along shorelines and in the waters of Kitsap County should not have a significant adverse effect on water quality Kitsap County Code Development Vertical Analysis Version 8/9/2005 2
Kitsap County Code Development Critical Areas Ordinance Chapter 19 Vertical Analysis No. RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code RCW 36.70B.060 WAC 197-11-908 Critical areas The Element D.3.a. The County and the Cities Natural Systems Aquifer Recharge NS-11 Kitsap County will initiate review 19.100.115 Relationship to …each local government shall scope of environmental review of shall preserve, protect and where possible Goal #8…Consider the cumulative of…information to determine the need for other..regulations. When any provision of establish by ordinance or resolution actions within these areas shall be restore the functions of natural impacts of existing and future revisions to the Critical Areas Ordinance, any other chapter of the Kitsap County Code an integrated and consolidated limited to: (a) Documenting whether habitat…through the adoption of development…; Plant, Fish and Wildlife Zoning Ordinance and other implementing conflicts with this title, that which provides project permit process that may be the proposal is consistent with the comprehensive plan policies, critical areas Habitat Conservation Areas Goal #25 development regulations…NS-41 Kitsap the most protection to the critical area, as included in its development requirements of the critical areas ordinances, shoreline master programs and Protect, enhance and restore aquatic County should recognize adopted watershed determined by the department, shall apply. regulations. ordinance; and (b) Evaluating potentially other development regulations... D.4.b. The habitat areas, such as streams, plans as part of the Kitsap County Applications for permits and approvals are significant impacts on the critical area County and the Cities shall coordinate land wetlands, lakes, shellfish beds, herring Comprehensive Plan; NS-57 Through the subject to the provisions of this title and resources not adequately addressed by use planning using watersheds or natural and smelt spawning areas, and kelp and Surface and Stormwater Management other ordinances and laws GMA planning documents and drainage basins to implement strategies for eelgrass beds; Shorelines Program, Kitsap County will inventory development regulations, if any, restoration of aquatic habitat and to reduce Conservation and Resource Protection drainage basins to identify existing and future including any additional mitigation impacts to other natural systems Goal #2 Promote shoreline conservation stormwater drainage problems; NS-63 The measures needed to protect the critical and resource protection; County shall consider the impacts to habitat areas in order to achieve consistency conservation areas and fish and wildlife with SEPA and other applicable populations in designating land use and environmental review laws. zoning classifications; SH-19 The County shall work with other government jurisdictions to protect habitat areas that cross jurisdictional boundaries RCW 36.70A.470 WAC 365-195-020 Purpose. ....it means Element D.2.b. The County and the Cities Natural Systems Surface Water RL-33 The County shall consider creation of 19.100.125 Review authority A. In (1) Project review, which shall be governing changes in land uses, new shall protect critical areas…D.2.c. The Resources Goal #12. Evaluate potential a TDR program.. (that) should consider: (3rd evaluating a request for a development conducted pursuant to the activities, or development that could County and the Cities shall establish and impacts to surface water quality during bullet) Provisions for protection of significant proposal regulated by this title, it shall be the provisions of chapter 36.70B RCW, adversely affect critical areas. Thus for implement best management practices to the development review process; landscape features, environmental (sic) responsibility of the department to determine shall be used to make individual each critical area, counties and cities protect the long-term integrity of the natural Frequently Flooded Areas Goal #20 sensitive areas... NS-6 Building and land use 1.The nature and type of critical area and the project decisions, not land use planning under the act should define environment… Prevent land use in floodplains that may applications in geog. Critical areas will be adequacy of any special reports... 2.Whether planning decisions classification schemes and prepare degrade water quality during times of reviewed...NS-13 Kitsap County should the development proposal is development regulations that govern flooding; Aquifer Recharge Areas Goal require proposed projects which present a consistent...3.Whether proposed alterations changes in land uses and new activities #8 Evaluate potential impacts on threat to ...recharge area(s) to provide to critical areas are appropriate under the by prohibiting clearly inappropriate groundwater quality and quantity during geologic or hydrologic information to evaluate standards contained in this title, or whether it actions and restricting, allowing, or the development review process... the proposal; NS-55 Development regulations is necessary for the applicant to seek a conditioning other activities as should require site design that ...protects variance...4.If the protection mechanisms appropriate areas of undisturbed vegetation... and the mitigation and monitoring plans and bonding measures proposed by the applicant are sufficient ... NS-67 Buffer enhancement or restoration B. The department shall have the shall be required where buffers have been administrative authority to adjust the degraded or removed… standards for buffers and building setbacks as outlined in specific critical area sections of this title. The process to reduce standards will be based on site specific criteria determined through review of individual project circumstances and based on the same criteria as required for the granting of variances 19.100.135 Variances. .A variance in the application of the regulations or standards of this title to a particular piece of property or a variance to the use prohibitions of this title may be granted... 19.100.140 Reasonable use exception 19.100.155 Application requirements, general 19.100.160 Inventory provisions 19.100.165 Enforcement Kitsap County Code Development Vertical Analysis Version 8/9/2005 3
Kitsap County Code Development Critical Areas Ordinance Chapter 19.200 Wetlands - Vertical Analysis No. RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code RCW 36.70A.060 (2) Each WAC 365-195-410 Critical Element D: The County and Land Use E. Open Space OS-1 Lands identified...for preservation effort... 19.200.Wetlands 19.200.205 Purpose...intent The county and city shall adopt areas. (1) Cities shall protect critical areas Goal #20. Protect Kitsap shall..include: areas identified as critical..habitat(5th bullet); intent of this chapter is to: development regulations that Requirements...cities and (wetlands, aquifer recharge County's resources, natural SW-1 Kitsap County will..adopt ordinances to control A.Achieve no net loss and increase the quality and protect critical areas that are counties ought to have areas, fish and wildlife habitat systems and ecologically stormwater runoff (by) c) protect(ing) natural drainages, function of wetland acreage, functions and values required to be designated designated critical areas and areas, frequently flooded areas, sensitive areas that include habitat and wetlands; NS-26 Kitsap County shall within Kitsap County. Mitigation measures, as under RCW 36.70A.170. adopted regulations protective steep slopes and geologically wildlife habitat and corridrs; safeguard..water resources by only allowing development conditions of permits, must have a reasonable of them. Such areas are hazardous areas)… (pg.13) Natural Systems C. Surface that is compatible in critical areas (pg 79); NS-27 Kitsap expectation of success. Under the conditions of this defined to include: (a) Element C.1 a. Preserve the Water Resources Goal #11 County shall consider cumulative impacts of existing and chapter, the department may deny development Wetlands; WAC 365-190-080 character of ..rural areas by Protect the ..wetlands..while future development on ..water quality..(pg79); and, NS-28 proposals that would irreparably impact regulated Critical areas.(1) Wetlands. protecting and enhancing the allowing for compatible growth Kitsap County should minimize and mitigate for impervious wetlands (Ord. 217 (1998) § 3 (part), 1998) The wetlands of Washington natural environment..(pg 11); and development; #14 surface and loss of natural vegetative cover associated with state are fragile ecosystems and, 2…preserving rural land Develop a critical areas development...(pg 79). which serve a number of use and development patterns ordinance that important beneficial functions. (pg 11); protects…wetlands; and, #15 Wetlands assist in the Enhance and restore reduction of erosion, siltation, degraded wetland, stream and flooding, ground and surface shoreline areas. water pollution, and provide wildlife, plant, and fisheries habitats. Wetlands destruction or impairment may result in increased public and private costs or property losses. RCW 30.70A.030(20) WAC 365-190-080 Critical Element D. 1.b. The County Rural and Resource Lands NS-3 Hydric soils shall be delineated on a wetlands map "Wetland" or "wetlands" areas. (1) Wetlands (para 2) and the Cities shall preserve Existing Characteristics and and development of these soils shall be in accordance with means areas that are In designating wetlands for and enhance, through inter- Issues (intent); and, Protect, wetlands policies and regulations (pg 75); NS-29 The inundated or saturated by regulatory purposes, counties jurisdictional planning…wildlife enhance and comprehensively County's GIS should map wetlands…identified in surface water or ground water and cities shall use the habitats, (and) critical areas map critical areas and natural delineations for site plans and development proposals and at a frequency and duration definition of wetlands in resource lands…(pg 13); and, environmental systems (5th should map the findings of...local wetland inventories (pg sufficient to support, and that RCW36.70A.030 ; (b) D. 2.f. The County and the bullet) (pg 55): Natural 79); NS-39 Kitsap County should identify degraded stream under normal circumstances Counties and cities may use Cities shall work together to Systems Geologically Critical and wetlands...(pg 80); NS-59 Kitsap County shall work with do support, a prevalence of the National Wetlands identify…natural areas (pg 14); Areas Goal #1 …maintain appropriate state agencies and ..organizations to conduct vegetation typically adapted Inventory as an information and, D.4.c. Kitsap County shall water quality and habitat (pg and maintain thorough, countywide inventories of habitat for life in saturated soil source for determining the coordinate and maintain a 75); Surface Water Resources types (pg 83); see also RL-1, 5th &6th bullet-Rural Area conditions. Wetlands approximate distribution and regional database of best Goal #13 Increase the designations...areas...to be protected for...environmental generally include swamps, extent of wetlands. WAC 173- available science... (pg 14). accuracy of information about functions; and, areas in which significant environmental marshes, bogs, and similar 22-080 Washington State wetlands…boundaries (pg 79); constraints make the area ...unsuitable for ...urban areas. Wetlands may include Wetland Identification and Plant, Fish and Wildlife Habitat development (pg 57) those artificial wetlands Delineation Manual (Ecology Conservation Areas intentionally created from publication # 96-94) includes Designation #2 Areas nonwetland areas created to wetland soils and vegetative identified by the Dept. of mitigate conversion of categories WAC 173-22-221 Natural Resources significant wetlands. (2) (ii)" Critical areas" include plant communities or known RCW 36.70A.175 the following areas and habitat..and, #3 Freshwater Wetlands to be delineated in ecosystems: (a) Wetlands; and saltwater wetlands as accordance with manual. identified by the US Fish & Wildlife Service National Wetlands Inventory...or other professionally conducted inventories (pg 82); Goal #23 Identify and protect habitat conservation areas and other important habitats (pg 83) Kitsap County Code Developement Vertical Analysis Critical Areas Ordinance Version 8/9/2005 D R A F T Wetlands page 4
Kitsap County Code Development Critical Areas Ordinance Chapter 19.200 Wetlands - Vertical Analysis No. RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code RCW 36.70A.060 WAC 365-190-080 (1) a) Element C.1 a. Preserve the Rural and Resource Lands- RL-10 (second bullet) Design to preserve environmentally 19.200.220 Regulated and non-regulated wetlands Natural resource lands and Counties and cities that do not character of ..rural areas by Existing Characteristics and sensitive areas… (pg 59); NS-34 Kitsap County shall strive classification (Ord. 217 (1998) § 3 (part), 1998 critical areas -- Development now rate wetlands shall protecting and enhancing the Issues- "stream corridors, to achieve no net loss of wetland function and acreage in regulations. RCW consider a wetlands rating natural environment..(pg 11) wetlands and floodplains" the short term and measurable gain of wetland function and 36.70A.175 system to reflect the relative (10th bullet) (pg 55); also, acreage in the long-term…(pg.80) Wetlands regulated under function, value and uniqueness Rural and Resource Lands development regulations of wetlands in their Existing Characteristics and adopted pursuant to this jurisdictions. In developing Issues (intent) Preserve and chapter shall be delineated in wetlands rating systems, enhance the rural character of accordance with the manual counties and cities should Kitsap County (1st bullet) adopted by the department consider the following: (i) The pursuant to RCW 90.58.380. Washington state four-tier wetlands rating system; (ii) Wetlands functions and values; WAC 173-22-080 Washington State Wetland Identification and Delineation Manual (Ecology publication # 96-94) RCW 36.70A.020(10) WAC 365-195-410 Critical Element D: The County and Natural Systems C. Surface NS-33 The County shall require native vegetation buffers 19.200.225 Wetland +Buffer Development standards Environment. Protect the areas. (1) Requirements. Prior Cities shall protect critical areas Water Goal #11: Protect the along streams and wetlands... (pg.80); NS-26 Kitsap County ( a regulated wetland and its buffer is a critical area.) environment and enhance the to the development of (wetlands, aquifer recharge water quality of rivers, shall safeguard surface water resources by only allowing There shall be no activity allowed within a regulated state's high quality of life, comprehensive plans, cities areas, fish and wildlife habitat streams, lakes, wetlands, development that is compatible in critical areas such wetland or its buffer unless specifically allowed under including air and water and counties ought to have areas, frequently flooded areas, Puget Sound and Hood Canal as...wetlands (pg 79); NS-28 Kitsap County should this title (Ord. 217 (1998) § 3 (part), 1998) quality, and the availability of designated critical areas and steep slopes and geologically while allowing for compatible minimize and mitigate for impervious surface and loss of [Table 2: Regulated Uses and Activities (1-35) in water. See also RCW adopted regulations protective hazardous areas)… (pg.13) development (pg 79); #14: natural vegetative cover associated with Regulated Wetlands and Buffers] Ord. 217 (1998) § 3 90.58.030 (2) (d) and (f) (ii) of them. Such areas are develop a critical areas development...(pg79); (part), 1998) shoreline designations defined to include: (a) ordinance that protects including wetlands and Wetlands; surface water resource areas buffers RCW 90.58.140 WAC 173-26-211 Environment including fish and wildlife Development permits -- designation system. This habitats and wetlands (pg.79) Grounds for granting -- section applies to the Administration by local establishment of environment government, conditions -- - designation boundaries and Approval when permit for provisions as described in variance or conditional use WAC 173-26-191 (1)(d). Such shoreline areas include largely undisturbed portions of shoreline areas such as wetlands RCW 36.70A.060 Natural WAC 365-195-330 Rural Element C.1 a. Preserve the Natural Systems C. Surface RL-1, 5th &6th bullet-Rural Area designations...areas...to be 19.200.235 Additional development standards for Resource Lands and critical element (2) character of ..rural areas by Water Resources Goal #12 protected for...environmental functions; and, areas in which regulated uses-A. Docks, B. Forest Practice Class IV, areas- Development Recommendations for meeting protecting and enhancing the Evaluate potential impacts to significant environmental constraints make the area C. Agriculture, D. Road/Street Repair, E. Land Standards; RCW 90.58.030 requirements. (v) natural environment..(pg 11); surface water quality during ...unsuitable for ...urban development (pg 57); RL-12 Design Divisions and Land Use Permits, F. Surface Water (3) D and E. Definitions and Establishment of criteria for and, 2…preserving rural land the development review standards, development practices...in the rural area (pg 60); Management, G.Trails and Trail-Related Facilities, criteria for shoreline environmental protection, use and development patterns process; and, #15 Enhance RL-22 Changes to land use H.Utilities in Wetlands or Wetland Buffers, J. Parks. development, substantial including programs to control (pg 11); Element D. 1.b. The and restore degraded wetland. designations..should...incorporate ...development (Ord. 217 (1998) § 3 (part), 1998) development and nonpoint sources of water County and the Cities shall stream and shoreline areas standards, design guidelines..including ..(5th bullet) uses/activities not considered pollution and to preserve and preserve and enhance...wildlife (pg 79) significant natural features or constraints to be preserved substantial. enhance habitat for fish and habitats [and] critical areas ((pp64-65); NS-26 Kitsap County shall safeguard surface wildlife. resource lands... (pg 13) water resources by only allowing development that is WAC 173-27-040 compatible in critical areas such as...wetlands (pg 79); NS- Developments exempt from 32 Kitsap County shall require construction activities to use substantial development permit best management practices...(pg 80) requirement. Kitsap County Code Developement Vertical Analysis Critical Areas Ordinance Version 8/9/2005 D R A F T Wetlands page 5
Kitsap County Code Development Critical Areas Ordinance Chapter 19.200 Wetlands - Vertical Analysis No. RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code RCW 36.70A.172 1) In WAC 173-27-040 Element D 2.c. The County Natural Systems C. Surface RL-1, 5th &6th bullet-Rural Area designations areas...to be 19.200.240 Special use review. designating and protecting Developments exempt from and the Cities shall establish Water Resources Goal #12 protected for environmental functions; and, areas in which (Ord. 217 (1998) § 3 (part), 1998) critical areas under this substantial development permit and implement best Evaluate potential impacts to significant environmental constraints make the area chapter, counties and cities requirement(7) "Exempt" management practices to surface water quality during ...unsuitable for ...urban development (pg 57); RL-12 Design shall include the best developments are those set protect the long-term integrity the development review standards, development practices...in the rural area (pg 60); available science in forth in WAC 173-27-040 and of the natural environment…(pg process; and #15 Enhance RL-22 Changes to land use developing policies and RCW 90.58.030 (3)(e), 13) and restore degraded wetland, designations..should...incorporate ...development development regulations to 90.58.140(9), stream and shoreline areas standards, design guidelines..including ..(5th bullet) protect the functions and 90.58.147,90.58.355 , and (pg)79 significant natural features or constraints to be preserved values of critical areas. In 90.58.515 which are not ((pp64-65); NS-26 Kitsap County shall safeguard .. water addition, counties and cities required to obtain a substantial resources by only allowing development that is compatible shall give special development permit but which in...wetlands (pg 79) consideration to conservation must otherwise comply with or protection measures applicable provisions of the act necessary to preserve or and the local master program; enhance anadromous fisheries RCW 36.70A.470 (1) Project WAC 173-27-020 Purpose. Element D. 4.c. Kitsap County Natural Systems D. NS-58 Where wetland functions are altered or displaced, 19.200.245 Application requirements. (Ord. 217 review, which shall be RCW 90.58.140(3) requires shall coordinate and maintain a Frequently Flooded Areas E. replacement shall occur within the drainage basin (pg82); (1998) § 3 (part), 1998) conducted pursuant to the local governments to establish regional database of best Plant, Fish and Wildlife Habitat NS-62 The County should work to minimize habitat provisions of chapter 36.70B. a program, consistent with available science… (pg 14) Conservation Areas Goal #24 fragmentation… (pg 84) rules adopted by the Develop a critical areas department of ecology, for the ordinance and development administration and regulations which protect enforcement of the permit habitat.. (pg 83) system RCW 36.70A.175 Wetlands WAC 365-190-080 (1) (b) Element D. 4.c. Kitsap County Natural Systems Goal#13 NS-29 The County's GIS should map wetlands…identified in 19.200.250 Determination of wetland boundaries. regulated under development Counties and cities may use shall coordinate and maintain a Increase the accuracy of delineations for site plans and development proposals and (Ord. 217 (1998) § 3 (part), 1998) regulations adopted pursuant the National Wetlands regional database of best information about wetlands.. should map the findings of...local wetland inventories (pg to this chapter shall be Inventory as an information available science… (pg 14) (pg 79) 79); NS-30 The County should support and encourage delineated in accordance with source for determining the community groups to sponsor professionally conducted the manual adopted by the approximate distribution and local wetlands inventories (pg 79); NS-60 Kitsap County department pursuant to RCW extent of wetlands. shall maintain and update a Countywide inventory 90.58.380 of..habitat...(pg 83) RCW 36.70A.172(1) In WAC 365-195-410 Critical Element D. 2.e. The County Natural Systems C. Surface NS-58 Where wetland functions are altered or displaced, 19.200.255 Wetland mitigation requirements. designating and protecting areas. (2) Recommendations and the Cities shall encourage Water Resources Goal #12 replacement shall occur within the drainage basin (pg82); (Ord. 217 (1998) § 3 (part), 1998) critical areas under this for meeting requirements.(d) In the use of environmentally Evaluate potential impacts to NS-62 The County should work to minimize habitat C.Mitigation Plan Requirements D.On-Site chapter, counties and cities connection with critical area sensitive development surface water quality during fragmentation… (pg 84) Compensatory Mitigation shall include the best protection, the department practices to minimize the the development review F.Off-Site Compensatory Mitigation also includes available science in recommends that planning impacts of growth on the process (pg 79); Replacement Ratios for on and off site comp. developing policies and jurisdictions identify the County's natural resource Monitoring Requirements and Mitigation Banking (Ord. development regulations to policies by which decisions are systems. (pg 13); Element C.1 217 (1998) § 3 (part), 1998) protect the functions and made on when and how police a. Preserve the character of values of critical areas. In powers will be used ..rural areas by protecting and addition, counties and cities (regulation) and when and how enhancing the natural shall give special other means will be employed environment..(pg 11); and, consideration to conservation (purchases, development 2…preserving rural land use or protection measures rights, etc.). and development patterns (pg necessary to preserve or 11); enhance anadromous fisheries. Kitsap County Code Developement Vertical Analysis Critical Areas Ordinance Version 8/9/2005 D R A F T Wetlands page 6
Kitsap County Code Development Critical Areas Ordinance Chapter 19.200 Wetlands - Vertical Analysis No. RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code RCW 36.70A.165 WAC 365-195-330 Rural Element D. 1…creating a Natural Systems C. #15 RL-10 (second bullet) Design to preserve environmentally 19.200.260 Incentives for wetlands protection. (Ord. The legislature recognizes element. (2) regional network of open Enhance and restore sensitive areas… (pg 59); NS-34 Kitsap County shall strive 217 (1998) § 3 (part), 1998) that the preservation of urban Recommendations for meeting space. b. The County and the degraded wetland, stream and to achieve no net loss of wetland function and acreage in greenbelts is an integral part requirements. The following Cities shall preserve and shoreline areas (pg)79 the short term and measurable gain of wetland function and of comprehensive growth steps are recommended in enhance...wildlife habitats [and] acreage in the long-term…(pg.80) management in Washington preparing the rural element (d) critical areas resource lands... Adoption of policies for (pg 13) preservation of the rural character of such lands, including: (iii) Encouragement of the use of rural lands for recreational pursuits which preserve open space and are environmentally benign; Kitsap County Code Developement Vertical Analysis Critical Areas Ordinance Version 8/9/2005 D R A F T Wetlands page 7
Kitsap County Code Development Critical Areas Ordinance Chapter 19.300 Fish Wildlife Habitat Conservation Areas A B C D E F G No. RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code 1 19.300 Fish and Wildlife Habitat Conservation Areas 2 RCW 79A.20.005 (g) Only through WAC 232-14-010 Hydraulic Code Element C.1... preserv(e) rural character and Land Use B. Residential Development (intent RL-32 The County will develop and consider a 19.300.305 .. ongoing, responsible management guidelines...prior to construction or other work enhanc(e) the natural encironment Element D. 3.a. and designations section) Urban clustering program..that include(s)..design to intent of the chapter: can fish and wildlife habitat, that will use, divert, obstruct, or change the The County and the Cities shall preserve, protect Restricted..areas include significant slamon preserve environmentally sensitive areas…RL- A.Preserve natural flood control, storm water storage and sensitive ecosystems, and natural flow or bed of any of the salt or fresh and where possible restore the functions of natural spawning streams, wetlands and steep 33The County shall consider creation of a TDR drainage or stream flow patterns; recreational values be protected; waters of the state, that written approval be habitats to support Endangered Species Act-listed slopes..(t)he intent is that development would be program..(that) consider(s)...provision for B.Control siltation, protect nutrient reserves and maintain RCW 36.70A.011...the legislature obtained from the director of the department species, through the adoption of comprehensive limited in these areas to protect the protection of ...environmental sensitive stream flows and stream quality for fish and marine finds that in defining its rural of fisheries or department of game; WAC 232-plan policies, critical areas ordinances, shoreline environmentally sensitive areas within the areas...OS-1 Lands shellfish; element...a county should foster 12-011 Wildlife classified as protected shall master programs and other Developement UGAs. E. Open Space and Greenways Goal #20 identified…for..preservation..shall C.Prevent turbidity and pollution of streams and fish or land use patterns...that will..be not be hunted or fished; add references to regulations...(pg 14). Protect Kitsap County's resources, natural include..areas identified as critical fish and shellfish-bearing waters; compatible with the use of the land habitat-general and open space/acquisition systems and ecologically sensitive areas that wildlife habitat (pg 39); NS-63 The County shall D.Preserve and protect habitat adequate to support viable by wildlife and for fish and wildlife (intent items D and E) include wildlife habitat and corridors (pg 39); consider the impacts to habitat conservation populations of native wildlife in Kitsap County; and habitat..RCW 43.21C.010 The Rural Lands Goal #1 Retain the rural character areas and fish and wildlife populations in E.Encourage non-regulatory methods of habitat retention purposes of this chapter are: (1) To of Kitsap County outside of urban areas; #7 designating land use and zongin classifications whenever practical, through education, and the open space declare a state policy which will Preserve and enhance natural resource-based tax program. (Ord. 217 (1998) § 3 (part), 1998) encourage productive and enjoyable activities... Natural Systems C. Surface Water harmony between man and his Resources Goal #11 Protect the water quality of environment; (2) to promote efforts rivers, streams, lakes, wetlands..; #14 Develop a which will prevent or eliminate critical area ordinance that protects surface damage to the environment and water resource areas including fish and wildlife biosphere; (3) and stimulate the habitat..(pg 79); health and welfare of man; and (4) to enrich the understanding of the ecological systems and natural resources important to the state and nation. 3 RCW 77.12.020 (1)[The director WAC 222-16-031(1) "Type 1 Water" means Element D.4.d.Upon adoption of a state Land Use B. Residential Development (intent SW-1 Kitsap County will consider and adopt 19.300.310 Fish and wildlife habitat conservation area shall investigate] the habits and all waters, within their ordinary high-water classification system, the Cities and the County and designation section) Urban Cluster ordinances and programs to control stormwater categories. A.Classification 1. Streams. Type 1 Streams distribution of the various species of mark, as inventoried as "shorelines of the shall adopt a single system for stream typing (pg Residential The designation allows...for such runoff…(pg 51); NS-26 Kitsap County shall inventoried as "Shorelines of the State" under the Shoreline wildlife native to or adaptable to the state" under chapter RCW 90.58; (2) "Type 2 14); development while simultaneously providing a safeguard surface water resources.. (pg 79); Management Master Program for Kitsap County, pursuant habitats of the state Water" means segments of natural waters high level of protection for...streams and wildlife NS-51 The natural vegetation in floodplains to RCW Chapter 90.58. Type 1 waters contain salmonid which are not classified as Type 1 Water and habitat areas, including areas that will help should be maintained to minimize runoff into fish habitat; Type 2 (and) Type 3 Streams... contain habitat have a high fish, wildlife, or human use; (3) maintain the vitality of salmonid habitat; Natural streams (pg 81). for salmonid fish, game fish, other.. anadromous fish; Type "Type 3 Water" means segments of natural Systems E. Plant, Fish and Wildlife Habitat 4 Streams..do not contain salmonid fish habitat; Type 5 waters which are not classified as Type 1 or 2 Conservation Areas Goal #23 Identify and Streams... perennial or intermittent seepage, ponds, and Waters and have a moderate to slight fish, protect habitat conservation areas and other drainage ways having short periods of spring or storm wildlife, and human use; (4) "Type 4 Water" important habitats throughout Kitsap County; runoff. (Ord. 217 (1998) § 3 (part), 1998) means all segments of natural waters within and, #27 Identify species of local importance the bankfull width of defined channels that are within Kitsap County (pg 83) perennial nonfish habitat streams. 4 RCW 90.58.030 (2) Geographical WAC 222-16-030 the DNR Water Typing ElementC.4.b. The County's Comprehensive Plan Natural Systems C. Surface Water Resources RL-11 Kitsap County will consider development 2.Saltwater Shorelines, and Lakes 20 Acres and Greater (c) "Shorelines of the state" are the System (see above); WAC 173-20-040 policies shall promote clustering residential Goal #15 Enhance and restore..shoreline areas of a program to preserve undeveloped rural in Surface Area; and, 3. Lakes Less Than 20 Acres in total of all "shorelines" and Lakes coming under purview of chapter 90.58 devlopement and other techniques to protect and (pg 79); E.Plant, Fish and Wildlife Habitat shorelines…(pg 60); NS-75 Minimize Surface Area. (Ord. 217 (1998) § 3 (part), 1998) "shorelines of statewide RCW; WAC 173-201A-200 Fresh water enhance...natural resources and critical Conservation Areas Goal #25 Protect, enhance, sedimentation and turbidity in fresh and marine significance" within the state. RCW designated uses and criteria; WAC 173-201A-areas...Element D.1.b. The County and the Cities restore aquatic habitat areas, such as stream, waters through measures which…reduce 90.58 (2) (d) (iii) shorelines on lakes 210 Marine water designated uses and shall preserve and enhance….networks and wetlands, lakes…(pg 83). stream and shoreline erosion (pg 85) less than twenty acres in size and criteria...(in both).. (1) Aquatic life uses It is linkages of…wildlife habitats…(pg 13) wetlands associated with such small required that all indigenous fish and nonfish lakes; aquatic species be protected in waters of the 5 state.. Kitsap County Code Development Critical Areas Ordinance Vertical Analysis Fish and Wildlife Habitat Version 8/9/2005 D R A F T Conservation Areas page 8
Kitsap County Code Development Critical Areas Ordinance Chapter 19.300 Fish Wildlife Habitat Conservation Areas A B C D E F G No. RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code 1 RCW 36.70A.030 (5) "Critical areas" WAC 232-12-014 Wildlife classified as Element D.2.g. The County and the Cities shall Rural and Resource Lands Goal # 6 Protect UGA-12 g. (Urban Joint) Plan(s) shall provide 4.Wildlife Conservation Areas Class I and Class II (Ord. include the following areas and endangered species; WAC 232-12-011 (1) protect and enhance ecosystems that support natural resource lands from incompatible for the protection and restoration of salmon 217 (1998) § 3 (part), 1998) ecosystems (c) fish and wildlife Threatened species are any wildlife species Washington State's Priority Habitat Species as adjacent development; Natural Systems E. habitat...RL-1 (4th bullet) The rural area habitat conservation areas; native to the state of Washington that are identified by the Washington Department of Fish Plant, Fish and Wildlife Habitat Goal #23 Identify designations…include…areas where the open likely to become endangered within the and Wildlife (pg 14); and, D.3 (all) (P)olicies (that) and protect habitat conservation areas and other space character is to be protected for foreseeable future throughout a significant relate to listed species recovery under the important habitats. …environmental functions (pg 57); NS-59 portion of their range within the state without Endangered Species Act Kitsap County shall work..to conduct and cooperative management or removal of maintain thorough, countywide inventories of threats habitat types and areas with important habitat elements. Based on these inventories, a habitat protection plan should be developed that identifies areas most in need of 6 protection..(pg 83). RCW 36.70A.020 Planning goals. WAC 365-190-020 Purpose...to preclude land Element D.2.c. The County and the Cities shall Natural Systems E. Plant, Fish and Wildlife RL-25 In general, development 19.300.315 Development standards. Table of (9) Retain open space, enhance uses and developments which are establish and implement best management Habitat Goal .#24 Develop a critical areas regulations...should consider..maximum Conservation Area Category x Development Standard recreational opportunities, conserve incompatible with critical areas..Precluding practices to protect the long term integrity of the ordinance and development regulations, which protection of sensitive natural features (2nd (buffer/Setback/Other)includes analysis for Class I and fish and wildlife habitat, ... incompatible uses and development does not natural environment...and, e. The County and the protect habitat conservation areas..(pg 83) bullet);SW-1 Kitsap County will consider and Class II Wildlife Conservation Area Development mean a prohibition of all uses or Cities shall encourage the use of environmentally adopt ordinances and programs to control Standards (Ord. 217 (1998) § 3 (part), 1998) development. Rather, it means governing sensitive Developement practices to minimize stormwater runoff…(pg 51); NS-26 Kitsap changes in land uses, new activities, or impacts of growth on the County's natural resource County shall safeguard ..water resources by development that could adversely affect systems (pg 13).3.a. The County and the Cities only allowing development that is compatible in critical areas. shall preserve, protect and where possible restore critical areas..(pg 79); NS-51 The natural the functions of natural habitats to support vegetation in floodplains should be Endangered Species Act-listed species, through the maintained..(pg 81) adoption of comprehensive plan policies, critical areas ordinances, shoreline master programs and other Developement regulations...(pg 14). 7 RCW 36.70A.060 WAC 365-195-410 Critical areas 2.(b) Element C. 1.a. Preserve the character of identified Natural Systems C. Surface Water Resources OS-8 Minimum sizes for buffers..should be 19.300.315Development standards A. 1. Buffer Widths, Natural resource lands and critical Critical areas should be designated and rural areas by protecting and enhancing the natural Goal #12 Evaluate potential impacts to surface established based on scientifically known Setbacks for Shorelines (Ord. 217 (1998) § 3 (part), areas -- Development regulations protected wherever the applicable natural environment, open space and recreational water quality during the development review needs of particular wildlife ..(pg 40); NS-66 To 1998) (2) Each county and city shall adopt conditions exist, whether within or outside of opportunities…(pg11); Element D.2.b The County process; and, #16 Develop and implement a protect fish and wildlife habitat, Kitsap County development regulations that protect urban growth areas; WAC 173-26-241 (2) (a) and the Cities shall protect critical areas…e. The Countywide Surface and Stormwater requires vegetative buffers along streams , critical areas.. (ii) Ensure that all shoreline master program County and the Cities shall encourage the use of Management Program to improve runoff quality lakes, ponds, wetlands and marine shorelines. provisions concerning proposed development environmentally sensitive development and reduce runoff flow rates (pg 79); E. Plant, Larger or enhanced buffer areas may be of property are established, as necessary, to practices...(pg 13). Fish and Wildlife Habitat Goal #24 Develop a required to adequately protect priority fish and protect the public's health, safety, and critical areas ordinance and development wildlife species (pg 84) welfare, as well as the land and its vegetation regulations, which protect habitat conservation and wildlife; WAC 173-26-241 (3)(j) areas and important habitat elements (pg 83); Residential development. Single-family residences are the most common form of shoreline development and are identified as a priority use when developed in a manner consistent with control of pollution and prevention of damage to the natural environment...Master programs shall include policies and regulations that assure no net loss of shoreline ecological functions will result from residential development. Such provisions should include specific regulations for setbacks and buffer areas 8 9 Kitsap County Code Development Critical Areas Ordinance Vertical Analysis Fish and Wildlife Habitat Version 8/9/2005 D R A F T Conservation Areas page 9
Kitsap County Code Development Critical Areas Ordinance Chapter 19.300 Fish Wildlife Habitat Conservation Areas A B C D E F G No. RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code 1 RCW 36.70A.050 WAC 332-30-107 Aquatic land planning..(2) Element C. (introd.) Rural areas..contain significant RL-22/24 Changes to land use designations for 19.700.010 Special Reports II Habitat Management Plans Guidelines to classify agriculture, Planning objectives...Planning should allow amounts of complex natural systems.. It is a high limited areas of more intensive Ord. 217 (1998) § 3 (part), 1998) forest, and mineral lands and critical for a variety of uses and activities,..and priority to preserve and enhance..these areas.. development/commercial/industrial area…(s) areas. RCW 79A.15.010 improvement of aquatic plant and animal C.1.a Preserve the character of identified rural specific issues that should be considered..(5th Definitions (3) "Critical habitat" habitat, WAC 222-16-080(5)(b) Critical areas by protecting and enhancing the natural and 6th bullet) significant natural constraints or means lands important for the habitats (state) of threatened and endangered environment...Element D.2.g. The County and the features to be preserved; provision for a protection, management, or public species. baseline rules for wildlife Cities shall protect and enhance ecosystems that monitoring and evaluation process enjoyment of certain wildlife species protection. To the extent possible, this system support Washington State's Priority Habitat and or groups of species, including, but shall:(i) Use the best science and Species... not limited to, wintering range for management advice available; (ii) Use a deer, elk, and other species, landscape approach to wildlife protection; (iii) waterfowl and upland bird habitat, Be designed to avoid the potential for fish habitat, and habitat for substantial impact to the environment; (iv) endangered, threatened, or Protect known populations of threatened and sensitive species RCW 79.71.070 endangered species of wildlife... Management plans...plan shall identify the significant resources to be conserved..what types of management activities and public uses that are permitted 10 11 12 13 Kitsap County Code Development Critical Areas Ordinance Vertical Analysis Fish and Wildlife Habitat Version 8/9/2005 D R A F T Conservation Areas page 10
Kitsap County Code Development Critical Areas Ordinance Chapter 19.400 Geologically Hazardous Areas RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code RCW 36.70A.060 WAC 365-195-410 Critical areas. Element D 2.b. The County and the Natural Systems A. Geologically Critical NS-1 Development in 19.400 Geologically Natural resource lands and critical (1) Requirements. Prior to the Cities shall protect critical Areas (geologically hazardous areas; geologically critical areas should hazardous areas.19.400.405 areas…(2) Each county and city shall development of comprehensive areas…and other environmental areas of geologic concern) Goal #1Protect occur in a manner that poses no Purpose and intent A..protect adopt development regulations that plans, cities and counties ought to amenities..(pg 13); Element J.1.a. public safety and health…diminish the hazard to health or property and human life and property; B. protect critical areas... have designated critical areas and …Economic development should be public cost of repairing areas from that minimizes impacts to the control erosion, siltation and adopted regulations protective of balanced with environmental damage due to landslides, erosion and natural environment (pg 75) water quality to protect fish them concerns and protect the quality of seismic activity and marine shellfish; life (pg 29) C.Provide controls to minimize shoreline erosion..D.Use innovative site planning by placing geol. haz. areas and buffers in open space..(Ord. 217 (1998) § 3 (part), 1998) WAC 365-190-080 Critical areas (4) Element D 2.b. The County and the Natural Systems A. Geologically Critical NS-2 The geologically critical 19.400.410 Geologically Geologically hazardous areas.(a) Cities shall protect critical Areas (geologically hazardous areas; areas map shall be based on hazardous area Geologically hazardous areas include areas…and other environmental areas of geologic concern) Goal # 2 information form the Coastal categories.A.Classification(s) areas susceptible to erosion, sliding, amenities..(pg 13); Element J.1.a. Consider geologically critical areas in Zone Atlas of Washington…etc; 1.Geologically Hazardous earthquake, or other geological …Economic development should be designating land use and zoning NS-3 Hydric soils shall be Areas.a.Areas with slopes events. They pose a threat to the balanced with environmental classifications (pg75) delineated on a wetlands map greater than thirty percent and health and safety of citizens when concerns and protect the quality of and development on these soils mapped by the Coastal Zone incompatible commercial, residential, life (pg 29) shall be in accordance with Atlas or Quaternary Geology or industrial development is sited in wetlands policies and and Stratigraphy of Kitsap areas of significant hazard. Some regulations; and, NS-5 The County as "Unstable" (U), geological hazards can be reduced geologically critical areas map "Unstable Old Land Slides" or mitigated by engineering, design, shall be updated regularly to (UOS) or "Unstable Recent or modified construction or mining reflect the latest information (pg Slides" (URS)....2. Areas of practices so that risks to health and 75). Geologic Concern.a.Areas safety are acceptable. When designated U, UOS, or technology cannot reduce risks to URS..with slopes less than acceptable levels, building in thirty percent..to meet the geologically hazardous areas is best criteria for U, URS, and avoided. This distinction should be UOS;b.Slopes identified as considered by counties and cities "Intermediate Slopes fifteen that do not now classify geological percent or greater hazards as they develop their c.Slopes fifteen percent or classification scheme. (a) Areas that greater...with soils classified are susceptible to one or more of the ...as "highly erodible" or following types of hazards shall be "potentially highly erodible;" classified as a geologically d.Slopes of fifteen percent or hazardous area:(i) Erosion hazard(ii) greater with springs or Landslide hazard;(iii) Seismic hazard; groundwater or(iv) Areas subject to other seepage;e.Seismic areas geological events such as coal mine subject to liquefaction from hazards and volcanic hazards includin earthquakes (seismic hazard areas)(Ord. 217 (1998) § 3 Kitsap County Code Development Critical Areas Ordinace Vertical Analysis Geologically Hazardous Areas Version 8/9/2005 D R A F T page 11
Kitsap County Code Development Critical Areas Ordinance Chapter 19.400 Geologically Hazardous Areas RCW WAC County-wide Planning Policies Comprehensive Plan Goals Comprehensive Plan Policies Kitsap County Code RCW 36.70A.030 WAC 173-26-201 Comprehensive see above Natural Systems A. Geologically Critical NS-7 Prohibit development in 19.400.410 B.Site Specific Definitions.(9)"Geologically process to prepare or amend Areas Goal #2 Consider geologically geologically hazardous areas Determinations..Should the hazardous areas" means areas that shoreline master programs..(c) critical areas in designating land use and unless the site is demonstrated applicant question the because of their susceptibility to Inventory shoreline conditions..(ii) zoning classifications; and, #3 Maintain by a qualified geotechnician to information the county must erosion, sliding, earthquake, or other Critical areas, including wetlands, and update a County map for land use be suitable for building (pg 75) rely on to determine whether a geological events, are not suited to aquifer recharge areas, fish and planning and regulatory purposes that ;and, NS-8 Establish location contains a geologically the siting of commercial, residential, wildlife conservation areas, depict geologically hazardous areas of development standards in hazardous area or area of or industrial development consistent geologically hazardous areas..WAC geologic concern geologically critical areas that geologic concern, the county with public health or safety concerns. 173-26-221 General master promote maintenance of existing may ask the applicant to program provisions..(2) Critical vegetation, discourage clearing submit the appropriate areas""Critical areas" include e) of ridgelines and slopes for geotechnical or geologic report geologically hazardous areas." WAC scenic vistas and stormwater to confirm or modify the 365-195-345 Optional elements. (1) drainage impacts (pg 76) existing information known A comprehensive plan may include about the area;The intent of additional elements, items, or studies this provision is to allow dealing with other subjects relating to obviously non-geologically the physical development within its hazardous sites to be jurisdiction, including (b) determined as such. Where Environmental protection (including there is any ambiguity about critical areas) the potential for geologic hazards whatsoever, the department will require a geotechnical or geological report, rather than make a non- geologically hazardous determination Ord. 217 (1998) § 3 (part), 1998) RCW 36.70A.030(7) "Development WAC 365-195-410 Critical see above Natural Systems A. Geologically Critical NS-1Development in 19.400.415 Development regulations" or "regulation" means areas..cities and counties ought to Areas Goal #4 Develop a critical areas geologically critical areas should Standards(Ord. 217 (1998) § the controls placed on development have designated critical areas and ordinance that addresses land use occur in a manner that poses no 3 (part), 1998). or land use activities by a county or adopted regulations protective of controls in geologically critical areas; and, hazard to health or property and city, including, but not limited to, them; WAC 173-26-221 (ii) #5 Protect the forested slopes and that minimizes impacts to the zoning ordinances, critical areas Geologically hazardous areas. ridgelines designated as geologically natural environment; NS-6 ordinances, shoreline master Development in designated critical areas. Formulate design criteria Building and land use programs, official controls, planned geologically hazardous areas shall for Developement in areas of geologic applications in geologically unit development ordinances, be regulated in accordance with the concern (pg 75) critical areas will be reviewed to subdivision ordinances, and binding following: (A) Consult minimum see that public health, safety site plan ordinances together with guidelines for geologically hazardous and welfare are protected (pg any amendments thereto. A areas, WAC 365-190-080(4). 75); NS-8 Establish development regulation does not development standards in include a decision to approve a geologically critical areas that project permit application, as defined promote maintenance of existing in RCW 36.70B.020, even though the vegetation, discourage clearing decision may be expressed in a of ridgelines and slopes for resolution or ordinance of the scenic vistas and stormwater legislative body of the county or city. drainage impacts (pg 76) ; NS-9 Kitsap County will encourage building sites to be located away from critical areas like steep slopes and break-in-slopes (pg 76) Kitsap County Code Development Critical Areas Ordinace Vertical Analysis Geologically Hazardous Areas Version 8/9/2005 D R A F T page 12
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