§ 15.24.060. Procedures for wetland permits.

A.

Permit requirements, compliance. Except as specifically provided in subsection 15.24.050.B., no regulated activity shall occur or be permitted to occur within a regulated wetland or wetland buffer without a written permit from the Director of Community and Economic Development. Any alteration approved by such written permit shall comply fully with the requirements and purposes of this chapter, other applicable regulations, and any terms or conditions of said permit. All activities which are not allowed or permitted shall be prohibited.

B.

Wetland permits, extensions. Application for a wetland permit to conduct any regulated activity not specifically authorized by subsection 15.24.050.B. within a wetland or wetland buffer shall be made to the Director of Community and Economic Development on forms furnished by his/her office. Permits shall normally be valid for a period of three years from the date of issue and shall expire at the end of that time, unless a longer or shorter period is specified by the Director of Community and Economic Development upon issuance of the permit.

An extension of an original permit may be granted upon written request to the Director of Community and Economic Development by the original permit holder or the successor in title. Prior to the granting of an extension, the Director of Community and Economic Development shall require updated studies and/or additional hearings if, in his/her judgment, the original intent of the permit is altered or enlarged by the renewal; if the circumstances relevant to the review and issuance of the original permit have changed substantially; or if the applicant failed to abide by the terms of the original permit.

C.

Permit applications.

1.

Request for determination of applicability: Any person seeking to determine whether a proposed activity or an area is subject to this chapter may request in writing a determination from the Director of Community and Economic Development. Such a request for determination shall contain plans, data, and other information as may be specified by the Director of Community and Economic Development.

2.

Pre-permit consultations: Any person intending to apply for a wetland permit is strongly encouraged, but not required, to meet with the Director of Community and Economic Development during the earliest possible stages of project planning in order to discuss wetland impact avoidance and minimization and to discuss compensation, before large commitments have been made to a particular project design. Effort put into pre-application consultations and planning will help applicants create projects which will be more quickly and easily processed.

3.

Information requirements—Wetlands: Unless the Director of Community and Economic Development waives one or more of the following information requirements, applications for a wetland permit under this chapter shall include a wetland report containing the following information:

a.

A wetland report shall be prepared by a qualified professional.

b.

Area addressed in wetland report. The following areas shall be addressed in a wetland report:

i.

The project area of the proposed activity;

ii.

All wetlands and recommended buffers within 300 feet of the project area;

iii.

All shoreline areas, water features, floodplains, and other environmentally sensitive areas, and related buffers within 300 feet.

c.

Wetland analysis. In addition to the minimum required contents of environmentally sensitive area reports, a wetland report shall contain an analysis of the wetlands including the following site- and proposal-related information at a minimum.

i.

A written assessment and accompanying maps of the wetlands and buffers within 300 feet of the project area, including the following information at a minimum:

(A)

Wetland delineation and required buffers;

(B)

Existing wetland acreage;

(C)

Wetland category; vegetative, faunal, and hydrologic characteristics;

(D)

Soil and substrate conditions; and

(E)

Topographic elevations, at two-foot contours.

ii.

A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land use activity.

iii.

Proposed mitigation, if needed, including a written assessment and accompanying maps of the mitigation area, including the following information at a minimum:

(A)

Existing and proposed wetland acreage;

(B)

Vegetative, faunal, and hydrologic conditions;

(C)

Relationship within watershed and to existing water bodies;

(D)

Soil and substrate conditions, topographic elevations;

(E)

Existing and proposed adjacent site conditions;

(F)

Required wetland buffers; and

(G)

Property ownership.

iv.

A discussion of ongoing management practices that will protect wetlands after the project site has been developed, including proposed monitoring and maintenance programs.

The Director of Community and Economic Development may require additional information, including but not limited to, an assessment of wetland functional characteristics, including a discussion of the methodology used; documentation of the ecological, aesthetic, economic, or other values of the wetland; a study of flood, erosion, or other hazards at the site and the effect of any protective measures that might be taken to reduce such hazards; and any other information deemed necessary to verify compliance with the provisions of this chapter or to evaluate the proposed use in terms of the purposes of this chapter. The Director of Community and Economic Development shall maintain and make available to the public, all information applicable to any wetland and its buffer.

4.

Filing fees: At the time of an application or request for delineation, the applicant shall pay a filing fee as determined by the Director of Community and Economic Development. Sufficient fees shall be charged to the applicant to cover the costs of evaluation of the application or request for delineation. These fees may be used by the Director of Community and Economic Development to retain expert consultants to provide services pertaining to wetland boundary determinations, functional assessments, and evaluation of mitigation measures. As deemed necessary by the Director of Community and Economic Development, the Director of Community and Economic Development may assess additional reasonable fees as needed to monitor and evaluate permit compliance and mitigation measures.

5.

Notification: Upon receipt of the completed permit application, the Planning Director shall notify the individuals and agencies, including Federal and State agencies, having jurisdiction over or an interest in the matter, to provide such individuals and agencies an opportunity to comment.

The Director of Community and Economic Development shall establish a mailing list of all interested persons and agencies who wish to be notified of such application.

6.

Notice on title:

a.

The owner of any property with field verified presence of wetland or wetland buffer pursuant to subsection 15.24.040.C., on which a development proposal is submitted shall file for record with the Clallam County Auditor a notice approved by the Director of Community and Economic Development in a form substantially as set forth in subsection b. below. Such notice shall provide notice in the public record of the presence of a wetland or wetland buffer, the application of this chapter to the property, and that limitations on actions in or affecting such wetlands and their buffers may exist.

The applicant shall submit proof that the notice has been filed for record before the City of Port Angeles shall approve any development proposal for such site. The notice shall run with the land and failure to provide such notice to any purchaser prior to transferring any interest in the property shall be in violation of this chapter.

b.

Form of Notice:

WETLAND AND/OR WETLAND BUFFER NOTICE

Legal Description:	_____
Present Owner:	_____

 

NOTICE: This property contains wetlands or their buffers as defined by City of Port Angeles Ordinance. The property was the subject of a development proposal for (type of permit) application # _______ filed on (date). Restrictions on use or alteration of the wetlands or their buffers may exist due to natural conditions of the property and resulting regulations. Review of such application has provided information on the location of wetlands or wetland buffers and restrictions on their use through setback areas. A copy of the plan showing such setback areas is attached hereto.

___________
(Signature of owner)

STATE OF WASHINGTON	)
	) SS:
COUNTY OF CLALLAM	)

 

On this day personally appeared before me to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein stated.

Given under my hand and official seal this ________ day of _______, 20___.

___________ NOTARY PUBLIC in and for the State of Washington, residing at _______

 

D.

Permit processing.

1.

Consolidation: The Director of Community and Economic Development shall, to the extent practicable and feasible, consolidate the processing of wetlands-related aspects of other City of Port Angeles regulatory programs which affect activities in wetlands, such as subdivision, clearing and grading, floodplain, and environmentally sensitive areas, with the wetland permit process established herein so as to provide a timely and coordinated permit process.

2.

Completeness of application: No later than 28 working days after receipt of the permit application, the Director of Community and Economic Development shall notify the applicant as to the completeness of the application. An application shall not be deemed complete until and unless all information necessary to evaluate the proposed activity, its impacts, and its compliance with the provisions of this chapter have been provided to the satisfaction of the Director of Community and Economic Development. Such determination of completeness shall not be construed as an approval or denial of the permit application.

3.

Permit action:

a.

Upon receipt of a complete application for a permit authorizing activities on a Category I wetland or its buffer, the City of Port Angeles shall submit the application to the Washington State Department of Ecology for its review and comment. When such permit applications are submitted, the Washington State Department of Ecology should submit its comments or should request an extension of the review period within 30 days. Extensions may be up to 30 days in length. When submitted, no permit shall be issued under this subsection prior to receipt of such comments or the expiration of the time period or any extension.

b.

The Director of Community and Economic Development shall approve, approve with conditions, or deny a permit application based on compliance with the standards and requirements of this chapter. The Director of Community and Economic Development's decision shall include written findings.

(Ord. 3582 § 1, 6/20/2017; Ord. 3179 § 4 (part), 12/17/2004; Ord. 2928 (part), 9/13/1996; Ord. 2655 § 1 (part), 11/29/1991)