Chapter 16.15
SENSITIVE AREAS
Sections:
16.15.040 Conflicting regulations.
16.15.070 Determination of wetland boundary.
16.15.080 Existing regulations.
16.15.090 Prohibited activities.
16.15.100 Regulated activities.
16.15.010 Purpose.
The town council finds that the environmentally sensitive areas of the town are limited to the wetland classification. Wetlands and their existing buffer areas are valuable and fragile natural resources. The protection of these important resources contributes to the ecological balance of the area, maintains existing bird and animal habitat and enhances the living environment of the people of the town.
Development within wetlands and/or the filling of wetlands can result in the deterioration or loss of the fragile wetland environment. Among the results of such development are the degradation of wildlife and fisheries habitat, the loss of storm water retention capacity and the compromise of water quality of streams and lakes. Buffer areas are important to the maintenance and protection of wetland functions and values.
It is therefore desirable and in keeping with the wishes of the people and the council of the town of Hunts Point to ensure protection for publicly held wetland areas by acknowledging them to be environmentally sensitive and designating them as “sensitive areas.”
It is the policy of the town of Hunts Point to restrict development so as to avoid or minimize damage to wetlands. In addition, it is the intent that activities in or affecting wetlands not threaten public safety, cause nuisances, destroy or degrade natural wetland functions and values, decrease wildlife breeding and feeding areas, or interfere with public rights to use and maintain navigable waters and the recreational opportunities provided by wetlands for such activities such as fishing, boating, hiking, bird watching, photography and other passive uses, including significant view corridors.
The town council of Hunts Point has chosen to further enhance its commitment to the preservation of wetland habitat by enacting provisions for the preservation of “sensitive areas.” The town takes this action to comply with the Growth Management Act except where such action would result in the unconstitutional taking of private property. [Ord. 252 § 1, 1992]
16.15.020 Designation.
The Wetherill Nature Preserve shall be designated as a “sensitive area” because of its valuable wetlands and natural habitat. [Ord. 252 § 2, 1992]
16.15.030 Scope.
This chapter establishes guidelines for the protection of designated “sensitive areas” within the town of Hunts Point, specifically the Wetherill Nature Preserve. The Wetherill Nature Preserve contains approximately 16 acres in relation to the town’s 205-acre area. The Preserve containing a wetland area of approximately six acres is located at the head of Cozy Cove on Lake Washington. It is owned jointly by the towns of Hunts Point and Yarrow Point. The Wetherill Nature Preserve was donated in perpetuity to the towns in 1988 and is a highly valued amenity in both communities. The Preserve is currently regulated and will continue to be regulated by the Wetherill Nature Preserve commission for the protection of plant life and wildlife habitat for the use and benefit of the public. The Preserve is also identified and governed by the Hunts Point shoreline master program. [Ord. 252 § 3, 1992]
16.15.040 Conflicting regulations.
It is not intended that this chapter repeal, abrogate, or impair any existing regulations; however, where this chapter imposes greater restrictions, the provisions of this chapter shall apply. [Ord. 252 § 4, 1992]
16.15.050 Applicability.
When any provision of any other ordinance of the town of Hunts Point conflicts with this chapter, that which provides more protection to wetlands and wildlife habitat shall apply. This chapter shall apply to all wetlands designated as “sensitive areas” and situated within the formal limits of the town of Hunts Point. It is intended to address only property designated under this chapter as “sensitive area.” The remainder of Hunts Point, including its shoreline, is regulated outside of this chapter. [Ord. 252 § 4.1, 1992]
16.15.060 Authority.
The town council and building official are authorized to carry out the provisions of this chapter, including the determination of appropriate mitigation for proposed actions. [Ord. 252 § 4.2, 1992]
16.15.070 Determination of wetland boundary.
Determination of the exact location of wetland boundaries shall be the responsibility of the town council. [Ord. 252 § 4.3, 1992]
16.15.080 Existing regulations.1
The town of Hunts Point has existing ordinances to regulate development and to protect and preserve the town’s ecology and natural amenities. Existing town ordinances and development policies continue to be among the most rigorous in this state with regard to the preservation of natural native landscape. Land containing or abutting potentially environmentally sensitive areas will continue to be governed and protected by the town through those existing ordinances and the town’s permit process. The policy of the town is to avoid or minimize damage to wetlands and sensitive areas. Existing conditions and zoning regulations within the town of Hunts Point and neighboring town of Yarrow Point provide adequate buffer areas for designated “sensitive areas.” [Ord. 252 § 4.4, 1992]
16.15.090 Prohibited activities.
All development in wetlands designated as “sensitive areas” is prohibited. Any activity which would result in the destruction or material degradation of a designated “sensitive area” is prohibited. [Ord. 252 § 5.1, 1992]
16.15.100 Regulated activities.
The following activities are prohibited within designated “sensitive areas” unless adverse impacts to habitat and wetlands can be mitigated to the satisfaction of the town council, using the Washington State Department of Wildlife and the Department of Ecology guidelines:
(1) Dumping, discharging or filling with any material.
(2) Expansion of any structure.
(3) Destruction of native wetland vegetation through clearing, harvesting or shading of vegetation that would degrade the character of the “sensitive area.”
(4) Activities that would result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetlands water sources, which include the quantity or the introduction of pollutants. [Ord. 252 § 5.2, 1992]
16.15.110 Allowed activities.
The following uses shall be allowed within a “sensitive area” to the extent that they are not prohibited by any other ordinance:
(1) Enhancement, conservation or preservation of soil, water vegetation, fish, shellfish and other wildlife;
(2) Outdoor recreational activities such as bird watching, photography, walking and nonmotorized boating;
(3) Education, scientific research and use of nature trails;
(4) Navigation aids and boundary markers;
(5) Maintenance necessary to the preservation of water quality, collection and removal of silt, control of erosion and the preservation of existing navigable waters;
(6) Removal of nonnative vegetation;
(7) Maintenance and extension of nature trails. [Ord. 252 § 5.3, 1992]
16.15.120 Enforcement.
(1) Violation notices and administrative orders requiring the restoration of the site and mitigation of all damages and the institution of legal actions shall be directed by the town council of Hunts Point.
(2) Restoration shall be to the satisfaction of the town council.
(3) Each violation shall be a separate offense. A knowing and willful continuance of a violating activity or condition shall be treated as a separate offense.
(4) All costs for restoration of damages and all costs, fees, and expenses in connection with enforcement actions may be recovered as damages against the violator. [Ord. 252 § 6, 1992]
See also Ch. 15.45 HPMC (Site Development) and Ch. 11.10 HPMC (Permit Process).