A. Permit Required. Any proposal to alter any critical area and/or required buffer including, but not limited to, earthwork including grade and fill activity, alteration of site hydrology including water temperature and characteristics of water sources, removal or alteration of vegetation, and construction or siting of buildings, structures, facilities, utilities, hard surfaces and other related infrastructure, shall require a critical area permit unless it qualifies as an exempt activity, as provided in BIMC 16.20.040.
B. Applications for critical area permits, unless otherwise provided for in this chapter, shall be reviewed and approved, approved with conditions, or denied pursuant to the administrative review procedures in BIMC 2.16.030 unless a reasonable use exception is requested. Critical area permit applications shall be reviewed based on the proposal’s ability to comply with all of the following criteria:
1. The proposal minimizes the impact on critical areas in accordance with mitigation sequencing (BIMC 16.20.030.A);
2. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;
3. The proposal is consistent with the general purposes of this chapter and the public interest;
4. Any alterations permitted to the critical area are mitigated in accordance with mitigation requirements in BIMC 16.20.030.A;
5. The proposal protects the critical area functions and values consistent with best available science and results in no net loss of critical area functions and values;
6. The proposal addresses cumulative impacts of the action; and
7. The proposal is consistent with other applicable regulations and standards.
C. The city may condition the proposed activity as necessary to mitigate impacts to critical areas and to conform to the standards required by this chapter.
D. Except as provided for by this chapter, any project that cannot adequately mitigate its impacts to critical areas in the sequencing order of preferences in BIMC 16.20.030.A shall be denied.
E. Application Required. Any application for land use or development proposals within critical areas or their buffers, unless an exempt activity pursuant to BIMC 16.20.040, requires submittal of the city’s master land use application (page 100) to the department of planning and community development in accordance with the requirements outlined in the city’s administrative manual for land use permits. The applicant shall not be granted any approval or permission to conduct development or land use in a critical area or its buffer prior to fulfilling the requirements of this chapter.
F. Support Information Requirements. A critical area permit application shall include the following:
1. A site plan drawn to scale identifying locations of critical areas and their buffers, location of proposed development, uses and activities, location and estimated quantity of earthwork and vegetation clearing and location and type of drainage features or infrastructure;
2. Any critical area report or study required by this chapter. Such reports or studies shall be prepared by qualified professionals in the area of concern as defined in BIMC 16.20.190, Definitions, and in accordance with the requirements provided in BIMC 16.20.180, Critical area reports, as follows:
a. Aquifer recharge study: Hydrogeologist;
b. Geological hazard assessment: Engineering geologist; geotechnical engineer; provided, that:
i. An engineering geologist may provide a study, including interpretation, evaluation, analysis, and application of geological information and data and may predict potential or likely changes in types and rates of surficial geologic processes due to proposed changes to a location, provided it does not contain recommended methods for mitigating identified impacts, other than avoidance, structural impacts to, or suitability of civil works; and
ii. Engineering geologists may not provide engineering recommendations or design recommendations, but may contribute to a complete geotechnical report that is co-sealed by a geotechnical engineer;
c. Stream buffer enhancement plan: Biologist with stream ecology expertise; fish or wildlife biologist; a civil engineer may provide studies for drainage, surface and subsurface hydrology, and water quality;
d. Wetland buffer enhancement plan, wetland critical area report, wetland mitigation plan: Wetlands specialist;
e. Habitat management plans: Wildlife biologist and/or fisheries biologist;
f. The director is authorized to retain experts at the applicant’s expense and request review from other jurisdictional agencies to assist in the review of application materials; and
3. Any additional information determined as relevant by the director.
G. Notice on Title.
1. The owner of any property with field-verified presence of critical area or buffer on which a development proposal is submitted shall file for record with the Kitsap County auditor a notice approved by the director in a form substantially as set forth in subsection G.2 of this section. Such notice shall provide notice in the public record of the presence of a critical area and buffer, the application of this chapter to the property, and that limitations on actions in or affecting such areas may exist. The applicant shall submit proof that the notice has been filed for record before the city 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.
2. Form of Notice.
Critical Areas and/or Critical Areas Buffer Notice
Legal Description:
__________________________________________________
Present owner:
__________________________________________________
NOTICE: This property contains critical areas or their buffers as defined by the City of Bainbridge Island Ordinance No. __________. The property ____________________________________________________________ was the subject of a development proposal for ______________________ (type of permit) application #_________________ filed on ___(date)___. Restrictions on use or alteration of the critical areas 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 critical areas or critical area buffers and restrictions on their use through setback areas. A copy of the plan showing such setback areas and other restrictions or required enhancements is attached hereto.
Signature of owner
__________________________________________________
STATE OF WASHINGTON)
COUNTY OF ___________)
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 ______________, _______. NOTARY PUBLIC in and for the state of Washington, residing at ___________.
(Ord. 2018-01 § 2 (Exh. A), 2018)