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BMC B partOrd. The identification and protection of critical areas is required by the Washington State Growth Management Act of Chapter 17, Laws of Critical areas include wetlands, critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas.
The intent of this chapter is to preserve the beneficial functions and values of critical areas, and to minimize potential dangers or public costs associated with the inappropriate use of such areas, and to manage development in or adjacent to critical areas. This chapter contains classification criteria and preservation standards for each type of critical area. Classification criteria identify physical characteristics by which critical areas are deated. Preservation standards protect critical areas from degradation caused by improper development.
These criteria and standards will secure the public health, safety and welfare by:. This chapter applies to any public or private activity or action which would alter the condition of any land, water or vegetation, or construct or alter any structure or improvement regulated by this title, on any land which meets the classification standards for any critical area defined herein.
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Such activities or actions include, but are not limited to:. The above-listed maps and data sources are only guidelines available for reference. The actual location of critical areas must be determined on a site-by-site basis according to the classification criteria found in this chapter. Applications for permits and approvals are subject to the provisions of this chapter as well as to other provisions of state and City law, including all other chapters of BMC Title 20Land Use Code.
Where this chapter imposes greater restrictions than existing regulations, easements, covenants or deed restrictions, the provisions of this chapter shall prevail. The requirements and criteria of this chapter shall be applied at the time of application for any development proposal, land use project or nonproject action requiring permit approval subject to the BMC.
The requirements and criteria of this chapter shall be applied in conjunction with review for permits required by other chapters is dating the same Bremerton a relationship the BMC. Procedures specifically related to the application of this chapter are as follows:. The procedures as set forth in Chapter Any applicant intending to construct, grade or conduct any activity subject to this chapter in a critical area or its buffer is encouraged to schedule a presubmittal conference during the earliest possible stages of project planning to discuss impact avoidance before large commitments have been made to a particular project de.
Effort put into presubmittal conferences and planning will help applicants create projects which will be more quickly and easily processed. Applications for any proposal subject to this chapter shall be reviewed by the Department of Community Development for completeness and consistency with this chapter. At every stage, the burden of proof demonstrating that any proposed development is consistent with this title is upon the applicant.
When a critical area is on site, or the Department of Community Development determines a likelihood that a critical area is on site, the Department may require submittal of additional special reports and studies prepared by qualified specialists to make an assessment or delineation of the critical area. Sections of this chapter include detailed procedures for preparation of special reports. Applications for any proposal subject to this chapter shall include a site plan drawn to scale identifying locations of critical areas in addition to proposed structures and activities.
Site plan submittal shall meet the standards of BMC The Director may attach any conditions deemed necessary to minimize or avoid impacts to any critical area in order to meet the requirements and intent of this chapter.
Development may be prohibited in a proposed site based on criteria set forth in this chapter. The Department may require recording of a "Notice to Title and Hold Harmless" in cases where a site-specific critical area could pose potential threats to safety or property if altered through future acts. Said document shall also serve as a hold harmless and covenant holding the City harmless from claims due to soil disturbances or any development on the property in conjunction with issuance of development permits by the City.
The notice shall be notarized and the applicant must submit proof that the notice has been legally recorded before the final approval for development is issued. The approvals granted under this chapter shall be valid for the same time period as the underlying permit e. If the underlying permit does not contain a specified expiration date, then approvals granted under this title shall be valid for a period of three 3 years from the date of issue, unless a longer or shorter period is specified by the Department.
If an activity is subject to this chapter per BMC Modifications or reductions to critical areas buffers, setbacks, or other standards through a site-specific or special report shall be processed as a Type I for applications where the underlying permit does not require SEPA or Type II for applications where the underlying permit requires SEPA decision per BMC An appeal of a decision regarding a critical area may be made in accordance with BMC An exemption means that an activity is fully exempt from critical areas review, and not subject to the provisions of this chapter.
The proponent of the activity may submit a written request for exemption to the Director that describes the activity and states the exemption listed in this section that applies. The Director shall review the request to verify that it complies with this chapter and approve or deny the exemption as a Type I administrative determination. All exempted activities shall use best management practices to the greatest possible extent to avoid potential impacts to critical areas. The following developments, activities and associated uses shall be exempt:. Emergency activities are those activities necessary to prevent an immediate threat to public health, safety or welfare, or that pose an immediate risk of damage to property and that require remedial or preventative action in a short time frame.
The person or agency undertaking such action shall notify the Department, and the Director shall determine if the action taken is within the scope of the emergency action allowed in this section. Operation maintenance or repair of existing structures not requiring permits, if the activity does not further alter or increase the impact to critical areas or their buffers. Recreation, education, and scientific research activities that do not degrade the critical area. Forest practices regulated and conducted in accordance with the provisions of Chapter Maintenance and repair of legally existing ro, utilities, infrastructure and associated facilities.
Construction of new utility facilities, improvements or upgrades to existing utility facilities that take place within existing improved rights-of-way or existing impervious surfaces that do not increase the amount of impervious surface. An exception means that an activity may receive special consideration and relief from certain provisions of this chapter, but the activity is subject to the chapter, and must undergo full critical areas review. Public agencies may make an application for exception to the Department for construction of items such as new ro, utilities, infrastructure and associated facilities.
The application shall include critical area identification; critical area report, including mitigation plan if necessary; and any other related project documents such as environmental documents pursuant to SEPA, Chapter The decision whether to grant the public agency utility exception shall be processed as a Type III Hearing Examiner decision per Chapter An applicant may apply for a reasonable use exception if it can be demonstrated that application of this chapter would deny all reasonable use of the subject property.
The application shall include critical areas identification; critical areas report including mitigation plan, if necessary; and any other related project documents such as environmental documents and special studies. An established use or existing structure that was lawfully permitted prior to the adoption of this chapter, but which is not in compliance with this chapter, may continue subject to the provisions of Chapter All bonds and acceptable securities guaranteeing compliance with this chapter shall be set in the amount of one hundred fifty percent of the average expected value of the project.
The value of the bond shall be based on the average of three 3 contract bids that establish all costs of compensation, including costs relative to performance, monitoring, maintenance, and provision for contingency plans. Except for public agencies, applicants receiving a permit are required to post a cash performance bond or other acceptable security to guarantee compliance with this chapter prior to beginning any site work.
The surety shall guarantee that work and materials used in construction are free from defects. All bonds shall be approved by the City Attorney. The surety or bonds cannot be terminated or canceled without written approval.
The Director shall release the bond after documented proof that all structures and improvements have been shown to meet the requirements of this chapter and that a maintenance bond has been posted, if required. Except for public agencies, an applicant shall be required to post a cash maintenance bond or other acceptable security guaranteeing that structures and improvements required by this chapter will perform satisfactorily for a minimum of three 3 years after they have been constructed and approved.
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All bonds shall be on a form approved by the City Attorney. Without written release, the bond cannot be canceled or terminated. The Director shall release the bond after determination that the performance standards established for measuring the effectiveness and success of the project have been met.
All activities not allowed or conditionally approved shall be prohibited. If work is not completed in a reasonable time following the order, the City may implement a process to restore or enhance the affected site. This includes creation of new wetlands or streams to offset loss as a result of violation of the provisions in this chapter.
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The violator shall be liable for all costs of such action, including administrative costs. Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. If any clause, sentence, paragraph, section, or part of this chapter or the application thereof to any person or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such order or judgment shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate the remainder of any part thereof to any other person or circumstances, and to this end, the provisions of each clause, sentence, paragraph, section or part of this chapter are hereby declared to be severable.
Trees and other vegetation are important elements of the physical environment, especially those located within or near critical areas. This section addresses removing trees within critical areas or their associated buffers.
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Removal of trees within geological hazardous area shall also comply with BMC Removal of danger trees within the critical area or associated buffers may be allowed only if such activity is approved by the Department, provided a certified arborist in the State of Washington makes a written determination that the trees proposed for elimination present a legitimate safety hazard. Trees removed from the critical area or associated buffers, including danger trees, must comply with the following provisions:. Replacements shall be located within an on-site required critical area buffer.
Replacement trees shall be spaced appropriately for the species type or as specified in a critical area report. In the case of a danger tree being removed, the danger tree may be removed and replaced with a three to one ratio of a native tree that is known to enhance the critical area in which it is located without a critical area report.
The Director or his or her deee may grant some or all replacement locations outside a critical area buffer at a nearby location, where no feasible alternative exists. See Shoreline Master Program Section 7. B part Faults are commonly considered to be active if the fault has moved one 1 or more times in the last ten thousand 10, years, but faults may also be considered active in some cases if movement has occurred in the last five hundred thousandyears.