Chapter 17.170


17.170.010    Purpose.

17.170.020    Uses permitted and design standards.

17.170.030    Special standards or requirements.

17.170.050    Information on plans and in specifications.

17.170.060    Land restoration.

17.170.065    Transition of uses from mineral resource and removal of the mineral resource overlay.

17.170.070    Special provisions.

17.170.010 Purpose.

The intent of this overlay is to protect and enhance significant sand, gravel and rock deposits as identified mineral resource lands. It is also used to ensure the continued or future use without disrupting or endangering adjacent land uses, while safeguarding life, property, and the public welfare. Provisions of state statutes applicable to Kitsap County pertaining to surface mining are hereby adopted by reference.

(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.170.020 Uses permitted and design standards.

A.    Uses Permitted: Section 17.410.042, Rural, resource, and urban residential zones use table.

B.    Design Standards: Section 17.420.052, Rural, resource, and urban residential zones density and dimensions table.

1.    Density;

2.    Lot dimensions;

3.    Lot coverage standards;

4.    Height regulations;

5.    Setbacks.

C.    Chapter 17.105, Interpretations and Exceptions.

D.    Chapter 17.440, Master Planning.

E.    Chapter 17.450, Performance Based Development.

F.    Chapter 17.490, Off-Street Parking and Loading.

G.    Chapter 17.500, Landscaping.

H.    Chapter 17.510, Sign Code.

I.    Chapter 17.580, Transfer of Development Rights.

(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.170.030 Special standards or requirements.

A.    All activities shall be consistent with all applicable Washington State surface mining permits and approvals.

B.    The director shall review all plans meeting the submittal requirements of Section 17.170.050 through a process consistent with Title 21.

C.    Site area shall be in accordance with Chapter 17.420 and Section 17.420.052, Rural, resource, and urban residential zones density and dimensions table.

D.    Lot width shall be in accordance with Chapter 17.420 and Section 17.420.052, Rural, resource, and urban residential zones density and dimensions table.

E.    Fencing. The periphery of all sites within the gross site area being actively mined or reclaimed shall be fenced.

F.    Berms. Berms of sufficient height, width, and mass to screen the site from adjacent land uses shall be provided to protect health, property and welfare. Suitable planting shall be determined by the director.

G.    Setbacks. The tops and toes of cut and fill slopes shall be set back from property boundaries according to the State Department of Natural Resources standards for safety of adjacent properties, and to prevent water runoff or erosion of slopes and to provide adequate reclamation slopes per subsection (J) of this section.

H.    Maximum Permissible Noise Levels. Maximum permissible noise levels shall be according to the provisions of the Kitsap County noise ordinance.

I.    Hours of Operation. Hours of operation, unless otherwise authorized by the director, shall be between 7:00 a.m. and 6:00 p.m.

J.    Slope. When reclaimed, no slope of cut and fill surfaces shall be steeper than is safe for the intended use, and shall not exceed one and one-half horizontal to one vertical for unconsolidated material such as gravel, and one-fourth horizontal to one vertical for consolidated material, unless otherwise approved by the director.

K.    Erosion Control. All disturbed areas, including faces of cut and fill slopes, shall be prepared and maintained to control erosion. This control may consist of plantings sufficient to stabilize the slope (as approved by the director).

L.    Drainage. Provisions shall be made to:

1.    Prevent any surface water or seepage from damaging the cut face of any excavations or the sloping face of a hill.

2.    Drain any surface waters that are or might be concentrated as a result of a fill or excavation to a natural watercourse, or by other means approved by the department of public works director.

3.    Prevent sediment from leaving the site in a manner which violates RCW 90.48.080 and/or WAC 173-201A-100.

M.    Bench/Terrace. Benches shall be back-sloped, and shall be established at not more than forty-foot vertical intervals, to control surface drainage and debris. Swales or ditches on benches shall have a maximum gradient of five percent.

N.    Access Roads Maintenance. Access roads to mining and quarrying sites shall be maintained and located to the satisfaction of the director of public works, to minimize problems of dust, mud, and traffic circulation.

O.    Overburden. Overburden shall only be removed to accommodate aggregate removal operations and related activities of this section.

(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.170.050 Information on plans and in specifications.

Plans shall be drawn to an appropriate engineer’s scale upon substantial paper, mylar, or electronic, as authorized by state law, and shall be of sufficient detail and clarity to indicate the nature and extent of the work proposed, and show in detail that they will conform to the provisions of this section and all other relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall give the location of the work, and the person by whom they were prepared. The plans shall include the following minimum information:

A.    General vicinity maps of the proposed site.

B.    Property limits and accurate contours, at an appropriate interval, of existing ground and details of terrain and area drainage.

C.    Dimensions, elevations, or finished contours to be achieved by the grading, proposed drainage channels and related construction.

D.    Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, berms, settling ponds and other protective devices to be constructed with or as part of the proposed work together with the maps showing the drainage area and the estimated runoff of the area served by any drains.

E.    Location of any buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent property owners which are within fifty feet of the property.

F.    Landscape and rehabilitation plan as required by Section 17.170.060.

(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.170.060 Land restoration.

A.    Upon the exhaustion of minerals or materials, or upon the permanent abandonment of the quarrying or mining operation, all buildings, structures, apparatus, or appurtenances accessory to the quarrying and mining operation which are nonconforming to the underlying zone shall be removed or otherwise dismantled to the satisfaction of the director.

B.    Final grades shall be such so as to encourage the uses permitted within the zone with which this overlay is combined or allowed as a conditional use.

C.    Unless approved as a sanitary landfill, grading or back-filling shall be made with nonnoxious, nonflammable, noncombustible, and nonputrescible solids.

D.    Such graded or back-filled areas, except for roads, shall be sodded or surfaced with soil of a quality at least equal to the topsoil of the land areas immediately surrounding the site, and to a depth of at least four inches, or a depth of that of the topsoil of surrounding land, if less than four inches.

E.    Such topsoil as required by subsection (D) of this section shall be planted with trees, shrubs, or grasses.

F.    Graded or back-filled areas shall be reclaimed in a manner which will not permit stagnant water to remain. Suitable drainage systems approved by the director of public works shall be constructed or installed if natural drainage is not possible.

G.    Waste or soil piles shall be leveled and the area treated, as required in subsections (D) and (E) of this section.

(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.170.065 Transition of uses from mineral resource and removal of the mineral resource overlay.

As an option to the requirements of Section 17.170.060 to reclaim a property(s) and extinguish a Washington State Department of Natural Resources (DNR) surface mining permit, the county may accept, review and approve development permits for uses consistent with the property(s) underlying zone. If a permit meets all applicable zoning, building, storm water, fire and other county codes, such permits shall be forwarded to the DNR to be reviewed as a reclamation plan. Upon receipt by the county of DNR confirmation of the closing of the surface mining permit for the property(s), the county shall include the property(s) in the next scheduled Comprehensive Plan amendment cycle. At this time, the county shall rescind the Mineral Resource Comprehensive Plan designation and zoning classification, reverting the property(s) back to their underlying zone and compatible designation.

(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)

17.170.070 Special provisions.

All plats, short plats, development permits and building permits issued for land development activities on or within five hundred feet of designated mineral resource lands, shall contain the following notice:

The subject property is within or near land in which resource activities are permitted and encouraged, including a variety of activities which may not be compatible with residential use for certain periods of limited duration. In addition to other activities, these may include noise, dust, smoke, visual impacts and odors resulting from harvesting, planting, surface mining, quarrying, application of fertilizers, herbicides and associated reclamation and management activities. When performed in accordance with state and federal law, these resource activities are not subject to legal action as a nuisance.

(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)