Chapter 19.150 DEFINITIONS

“Agricultural activities” means activities related to vegetation and soil management, such as tilling of soil, control of weeds, control of plant diseases and insect pests, soil maintenance and fertilization as well as animal husbandry.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.110 Alteration.

“Alteration” means a human-induced action which changes the existing condition of a critical area. Alterations include but are not limited to: grading; grubbing; dredging; channelizing; cutting, clearing, relocating or removing vegetation, except noxious weeds identified by the Washington State Department of Agriculture or the Kitsap County Cooperative Extension; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; grazing domestic animals; modifying for surface water management purposes; or any other human activity that changes the existing vegetation, hydrology, wildlife or wildlife habitat.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.115 Anadromous fish.

“Anadromous fish” means fish whose life cycle includes time spent in both fresh and salt water.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.120 Applicant.

“Applicant” means the person, party, firm, corporation or legal entity, or agent thereof, that proposes a development of property in Kitsap County.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.125 Aquaculture practices.

“Aquaculture practices” means the harvest, culture or farming of food fish, shellfish, or other aquatic plants and animals including fisheries enhancement and the mechanical harvesting of shellfish and hatchery culture.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.130 Aquifer.

“Aquifer” means a saturated body of rock, sand, gravel or other geologic material that is capable of storing, transmitting and yielding water to a well.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.135 Aquifer recharge.

“Aquifer recharge” means the process by which water is added to an aquifer. It may occur naturally by the percolation (infiltration) of surface water, precipitation, or snowmelt from the ground surface to a depth where the earth materials are saturated with water. The aquifer recharge can be augmented by “artificial” means through the addition of surface water (e.g., land application of wastewater or storm water) or by the injection of water into the underground environment (e.g., drainfields and drywells).

(Ord. 351 (2005) § 17 (part), 2005)

19.150.140 Aquifer recharge area.

“Aquifer recharge area” means those areas overlying aquifer(s) where natural or artificial sources of water can move downward to an aquifer(s).

(Ord. 351 (2005) § 17 (part), 2005)

19.150.145 Aquifer vulnerability.

“Aquifer vulnerability” means the combined effect of hydrogeological susceptibility to contamination and the contamination loading potential as indicated by the type of activities occurring on a project area.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.147 Aquitard.

“Aquitard” means an underground geologic layer that has low permeability.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.150 Bank stabilization.

“Bank stabilization” means lake, stream and open water shoreline modification including vegetation enhancement, used for the purpose of retarding erosion, protecting channels or shorelines, and retaining uplands.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.155 Best available science.

“Best available science” means scientifically valid information in accordance with WAC 365-195-905, as now or hereafter amended, that is used to develop and implement critical areas policies or regulations.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.160 Best management practices (BMPs).

“Best management practices” or “BMPs” means conservation practices (physical, structural and/or managerial) or systems of practices and management measures that:

A. Control soil loss and reduce water quality degradation caused by nutrients, pathogens, bacteria, toxic substances, pesticides, oil and grease, and sediment; and

B. Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of critical areas.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.165 Bog.

“Bogs” are a type of wetland typically composed of acidic, low nutrient soils and waters, high organic matter and that support plants specifically adapted to such conditions that are not commonly found elsewhere. Bogs may have an overstory of spruce or shore pine and may be associated with open water.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.170 Buffer.

“Buffer” means a non-clearing native vegetation area which is intended to protect the functions and values of critical areas.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.172 Buffer, standard.

“Standard buffer” means the buffer width established by each chapter of this title before any buffer adjustments are applied.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.175 Candidate species (state-listed).

“Candidate species (state-listed)” means species under review by the Department of Fish and Wildlife (WDFW) for possible listing as endangered, threatened or sensitive. A species will be considered for state-candidate designation if sufficient scientific evidence suggests that its status may meet criteria defined for endangered, threatened, or sensitive in WAC 232-12-297 as now or hereafter amended. Currently listed state-threatened or state-sensitive species may also be designated as a state-candidate species if their status is in question. State-candidate species will be managed by the Department of Fish and Wildlife, as needed, to ensure the long-term survival of populations in Washington. They are listed in WDFW, Policy 4802.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.180 Channel migration zone (CMZ).

“Channel migration zone” or “CMZ,” as defined by WAC 173-26-020(6), as now or hereafter amended, means the area along the Tahuya or Union Rivers or streams within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.185 Clearing.

“Clearing” means the destruction, disturbance or removal of vegetation by physical, mechanical, chemical or other means.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.190 Compensation.

“Compensation” means replacement of project-induced critical area (e.g., wetland) losses of acreage or functions.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.195 Creation.

“Creation” means the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities typically involve excavation of upland soils to elevations that will support a wetland.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.200 Conversion option harvest plan (COHP).

As it relates to forest practices, a “COHP” means a plan for landowners who want to harvest their land but wish to maintain the option for conversion pursuant to WAC 222-20-050. “Conversion” to a use other than commercial timber operation shall mean a bona fide conversion to an active use which is incompatible with timber growing.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.210 Critical aquifer recharge areas.

“Critical aquifer recharge areas” means those land areas that contain hydrogeologic conditions that facilitate aquifer recharge and/or transmitting contaminants to an underlying aquifer.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.215 Critical areas.

“Critical areas” means those areas identified as: (a) wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) geologically hazardous areas; and (e) frequently flooded areas.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.220 Critical area protection easement.

“Critical area protection easement” means an agreement conveyed through a notice to title, or shown on the face of a plat or site plan, for the purpose of perpetual or long-term conservation.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.225 Critical facilities.

“Critical facilities” means those facilities necessary to protect the public health, safety and welfare and which are defined as essential facilities or Category III and IV buildings in accordance with Chapter 14.04 of this code, the Kitsap County Building and Fire Code. These facilities include but are not limited to schools, hospitals, police stations, fire departments and other emergency response facilities, and nursing homes. Critical facilities also include sites of hazardous material storage or production.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.230 Danger trees.

“Danger trees” means any tree of any height, dead or alive, that presents a hazard to the public because of rot, root stem or limb damage, lean or any other observable condition created by natural process or man-made activity consistent with WAC 296-54-505.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.235 Debris.

See “Refuse.”

(Ord. 351 (2005) § 17 (part), 2005)

19.150.240 Department.

“Department” means the Kitsap County Department of Community Development.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.245 Detention facilities.

“Detention facilities” means stormwater facilities, including all the appurtenances associated with their designed functions, maintenance and security that are designed to store runoff while gradually releasing it at a pre-determined controlled rate.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.250 Development proposal site.

“Development proposal site” means the legal boundaries of the parcel or parcels of land on which an applicant has applied for authority from Kitsap County to carry out a development proposal.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.255 Director.

“Director” means the director of the Kitsap County department of community development or a duly authorized designee in the department.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.260 Draining (related to wetland).

“Draining” means any human activity that diverts or reduces wetland groundwater and/or surface water sources.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.265 Endangered species (state listed).

“Endangered species” means a species native to the state of Washington that is seriously threatened with extinction throughout all or a significant portion of its range within the state. Endangered species are legally designated in WAC 232-12-014, as now or hereafter amended.(Ord. 351 (2005) § 17 (part), 2005)

19.150.270 Enhancement.

“Enhancement” means actions performed to improve the condition of an existing degraded critical area (e.g., wetlands or streams) such that the functions or values are of a higher quality, provided that this activity does not significantly degrade another existing function or value.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.275 Erosion.

“Erosion” means the process whereby the land surface is worn away by the action of water, wind, ice or other geologic agents, by processes such as gravitational creep or events such as landslides caused by natural or manmade impacts.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.280 Erosion hazard areas.

“Erosion hazard areas” means land characterized by any of the soil types identified by the U.S. Department of Agriculture Natural Resources Conservation Service as “highly erodible land.” This designation pertains to water erosion and not wind erosion. These areas may not be highly erodible until or unless the soil is disturbed by activities such as clearing or grading.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.285 Excavation.

“Excavation” means the mechanical removal of earth material.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.290 Existing and ongoing agriculture.

“Existing and ongoing agriculture” means those activities conducted within the last five years on lands defined in RCW 84.34.020(2) or defined as agricultural activities in this title. For example, the operation and maintenance of existing farm and stock ponds or drainage ditches; operation and maintenance of ditches, irrigation systems including laterals, canals, or irrigation drainage ditches; changes between agricultural activities, such as rotating crops or grasses used for grazing; and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas, can be “existing and ongoing agriculture.” The alteration of the contour of wetlands or streams by leveling or filling other than that which results from normal cultivation, or draining of wetlands shall not be considered normal or necessary farming or ranching activities.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.295 Exotic.

“Exotic” means any species of plant or animal that is not indigenous (native) to an area.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.300 Extraordinary hardship.

“Extraordinary hardship” means where the strict application of this title and/or other programs adopted to implement this title by the regulatory authority would prevent all reasonable use of the parcel.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.305 Farm pond.

“Farm pond” means an open-water habitat of less than five acres and not contiguous with a stream, river, lake or marine water created from a non-wetland site in connection with agricultural activities.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.310 Feeder bluff.

“Feeder bluff” means an eroding and/or retreating shore bluff that is part of natural coastal processes yielding sediment to area beaches.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.315 Fen.

“Fen” means a wetland with peat soils sixteen inches or more in depth, or any depth of organic soil over bedrock, and vegetation such as certain sedges, hardstem bulrush and cattails. Fens may have an overstory of spruce and may be associated with open water.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.320 Filling or fill.

“Filling” or “fill” means a deposit of earth or other natural or manmade material placed by artificial means, including, but not limited to, soil materials, debris, or dredged sediments.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.325 Fish and wildlife habitat.

“Fish and wildlife habitat” means those areas identified as being of critical importance to the maintenance of fish, wildlife, and plant species, including: areas with which endangered, threatened, and sensitive species have a primary association; habitats and species of local importance; commercial and recreational shellfish areas; kelp and eelgrass beds, forage fish spawning areas; naturally occurring ponds and their submerged aquatic beds that provide fish or wildlife habitat; waters of the state; lakes, ponds, streams or rivers planted with game fish by a government or tribal entity, or private organization; State natural area preserves and natural resource conservation areas.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.330 Fisheries biologist.

“Fisheries biologist” means a person with experience and training in fisheries within the past ten years who is able to submit substantially correct reports on fish population surveys, stream surveys and other related data analyses of fisheries resources. “Substantially correct” is interpreted to mean that technical or scientific errors, if any, will be minor and do not delay or affect the site plan review process. Qualifications of a fisheries biologist include:

A. Certification by the American Fisheries Society; or

B. A Bachelor of Science degree in fisheries or the biological sciences from an accredited institution and two years of professional fisheries experience; or

C. Five or more years professional experience as a practicing fisheries biologist with a minimum three years professional field experience.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.335 Floodplain.

“Floodplain” means the floodway and associated special flood hazard areas having the potential to flood once every one hundred years, or having a one percent chance of being equaled or exceeded in any given year. The regulatory flood hazard areas, floodplains and floodways are depicted on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM) for Kitsap County.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.340 Floodway.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.345 Forage fish.

“Forage fish” means anchovy, herring, sand lance and smelt.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.350 Forest practices.

“Forest practices” means, as defined in WAC 222-16-010(21), as now or hereafter amended, any activity conducted on or directly pertaining to forest land that is related to growing, harvesting, or processing timber including, but not limited to:

A. Road and trail construction;

B. Harvesting, final and intermediate;

C. Pre-commercial thinning;

D. Reforestation;

E. Fertilization;

F. Prevention and suppression of diseases and insects;

G. Salvage of trees; and

H. Brush control.

“Forest practices” shall not include preparatory work such as tree marking, surveying and road flagging; or removal or harvest of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber or public resources.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.355 Frequently flooded areas.

“Frequently flooded areas” means all Kitsap County lands, shorelands and waters that are within the one-hundred-year floodplain as designated by FEMA on Flood Insurance Rate and Boundary Maps.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.360 Geologically hazardous areas.

“Geologically hazardous areas” means, as defined in WAC 365-190-030(8), as now or hereafter amended, areas, that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.365 Geologist.

“Geologist” means a person who is licensed in the State of Washington and meets all experience and training requirements in accordance with Chapter WAC 308-15, as now or hereafter amended.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.370 Geotechnical engineer.

“Geotechnical engineer” means a practicing geotechnical/civil engineer licensed as a professional civil engineer with the state of Washington, with professional training and experience in geotechnical engineering, including at least four years’ professional experience in evaluating geologically hazardous areas.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.375 Geotechnical report and geological report.

“Geotechnical report” and “geological report” means a study of potential site development impacts related to retention of natural vegetation, soil characteristics, geology, drainage, groundwater discharge, and engineering recommendations related to slope and structural stability. The geotechnical report shall be prepared by or in conjunction with a licensed geotechnical engineer meeting the minimum qualifications as defined by this title. Geological reports may contain the above information with the exception of engineering recommendations, and may be prepared by a geologist (See Chapter 19.700, Special Reports, for minimum qualifications).

(Ord. 351 (2005) § 17 (part), 2005)

19.150.380 Grading (construction).

“Grading” means any excavating, filling, grubbing, recontouring or mechanical removal of earth materials on the surface layer or any combination thereof.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.385 Grazed wet meadows.

“Grazed wet meadows” means wetlands whose vegetative cover has been greatly modified as a result of grazing, seeding, or cutting for hay. Grazed wet meadows are typically dominated by a pasture species (such as blue grass, orchard grass, fescue, clovers, reed canary grass, etc.) as well as non-native wetland species such as soft rush and buttercup. They are saturated or have standing water during the wet season and part of the growing season but are dry during the summer months. Wet meadows are used, or have been used within the last five years, for livestock grazing, seeding or cutting for hay.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.390 Grubbing.

“Grubbing” means the removal of vegetative matter from underground, such as sod, stumps, roots buried logs, or other debris, and includes the incidental removal of topsoil to a depth not exceeding twelve inches.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.395 Groundwater.

“Groundwater” means water in a saturated zone or stratum beneath the surface of land or water.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.400 Habitat management plan.

“Habitat management plan” means a report prepared by a professional wildlife biologist or fisheries biologist which discusses and evaluates critical fish and wildlife habitat functions and evaluates the measures necessary to maintain, enhance and improve habitat conservation on a proposed development site.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.405 Habitat of local importance.

“Habitat of local importance” means a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long-term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or areas of high vulnerability to alteration, such as cliffs, talus, and wetlands.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.410 Hazardous substance.

“Hazardous substance” means any liquid, solid, gas or sludge, including any materials, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste described in WAC 173-303-090 and WAC 173-303-100 including waste oil and petroleum products.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.415 Hearing examiner.

“Hearing examiner” means a person appointed to hear or review certain land use decisions pursuant to RCW 36.70.970.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.420 Hydric soils.

“Hydric soils” means soils which are wet long enough to periodically produce anaerobic conditions, thereby influencing the growth of hydrophitic plants.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.425 Hydrogeologist.

“Hydrogeologist” means a person who is qualified to engage in the practice of hydrogeology, has met the qualifications in hydrogeology established under RCW 18.220, and has been issued a license in hydrogeology by the Washington State Geologist Licensing Board.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.430 Infiltration rate.

“Infiltration rate” means a general description of how quickly or slowly water travels through a particular soil type.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.435 Landslide hazard areas.

“Landslide hazard areas” means areas potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.440 Liquefaction.

“Liquefaction” means a process in which a water-saturated soil, upon shaking, suddenly loses strength and behaves as a fluid.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.445 Lot.

“Lot” means a platted or unplatted parcel of land which has the minimum area, setbacks, widths and open space required by Title 17, Zoning, of the Kitsap County Code, for occupancy by a principal use and meets the access requirements of said Title 17 of the Kitsap County Code.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.450 Low impact activities.

“Low impact activities” means activities that do not require a development permit and/or do not result in any alteration of hydrology or adversely impact the environment.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.455 Mitigation.

“Mitigation” means avoiding, minimizing or compensating for adverse critical area impacts. Mitigation includes the following specific categories:

A. Compensatory mitigation: replacing project-induced critical area losses or impacts, including, but not limited to, restoration, creation, or enhancement.

B. Creation mitigation: mitigation performed to intentionally establish a critical area (e.g., wetland) at a site where it does not currently exist.

C. Enhancement mitigation: mitigation performed to improve the condition of existing degraded critical areas (e.g., wetlands) so that the functions they provide are of a higher quality.

D. Restoration mitigation: mitigation performed to reestablish a critical area (e.g., wetland), or its functional characteristics and processes, which have been lost by alterations, activities or catastrophic events within an area which no longer meets the definition of a critical area.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.470 Native vegetation.

“Native vegetation” means vegetation indigenous to the Puget Sound coastal lowlands.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.475 Non-conforming use or structure.

“Non-conforming use or structure” means a use of land or structure which was lawfully established or built and which has been lawfully continued, but which does not conform to the current regulations of the zone in which it is located as established by Title 17, Zoning, of the Kitsap County Code.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.480 Normal maintenance.

“Normal maintenance” means those usual acts to prevent a decline, lapse or cessation from a lawfully established condition. Normal maintenance includes removing debris from and cutting or manual removal of vegetation in crossing and bridge areas. Normal maintenance does not include:

A. Use of fertilizer or pesticide application in wetlands, fish and wildlife habitat conservation areas, or their buffers;

B. Re-digging ditches in wetlands or their buffers to expand the depth and width beyond the original ditch dimensions;

C. Re-digging existing drainage ditches in order to drain wetlands on lands not classified as existing and ongoing agriculture under Section 19.100.130 (General Exemptions).

(Ord. 351 (2005) § 17 (part), 2005)

19.150.485 Open space.

“Open space” means land used for outdoor recreation, critical area or resource land protection, amenity, safety or buffer, and includes structures incidental to these open space uses, but excludes yards required by this title and land occupied by dwellings or impervious surfaces not related to the open space uses.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.490 Ordinary high water mark.

“Ordinary high water mark” means that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition existing on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department:, The definition is further guided by the additional criteria to clarify this mark in salt and fresh water environments, as contained in WAC 173-22-030, as now or hereafter amended.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.495 Out-of-kind compensation.

“Out-of-kind compensation” means to replace a critical area (e.g., wetland) with a substitute critical area (e.g., wetland) whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. It does not refer to replacement out-of-category such as replacement of wetland loss with new stream segments.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.500 Performance based development (PBD).

“Performance based development” means development characterized by comprehensive planning of the total project, though it may contain a variety of individual lots and/or uses.

Typically, a project may include clustering of structures and preservation of open space with a number of flexible and customized design features specific to the natural features of the property and the uses sought to be implemented. Specific lot area and setback requirements may be reduced or deleted in order to allow maximization of open space, critical areas and other components of the project.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.505 Permeability.

“Permeability” means the capacity of an aquifer or confining bed to transmit water.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.510 Permit.

“Permit” means any development, variance, conditional use permit, or revision authorized under RCW 90.58 or Kitsap County regulations.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.515 Pond.

“Pond” means a naturally existing or artificially created body of standing water less than twenty acres in size and not defined as “Shorelines of the State” by Chapter 90.58 RCW (Shoreline Management Act).

(Ord. 351 (2005) § 17 (part), 2005)

19.150.520 Practicable alternative.

“Practicable alternative” means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to critical areas. It may include an area not owned by the applicant for which an easement has been obtained in order to fulfill the basic purpose of the proposed activity.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.525 Priority habitat.

“Priority habitat” means a seasonal range or habitat element with which a given species has a primary association, and which, if altered may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness; breeding, nesting, feeding, foraging, and migratory habitat; winter range, movement corridors; and/or habitats that are of limited availability or high vulnerability to alteration. Priority habitats are established by the Washington State Department of Fish and Wildlife within their Priority Habitats and Species Database.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.530 Priority species.

“Priority species” means species requiring protective measures and/or management to ensure their persistence at genetically viable population levels. Priority species include state-listed or state proposed endangered, threatened or sensitive species and candidate and monitored species.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.535 Public facilities.

“Public facilities” means facilities which are owned, operated and maintained by a public agency.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.540 Public project of significant importance.

“Public project of significant importance” means a project funded by a public agency, department or jurisdiction that is found to be in the best interests of the citizens of Kitsap County and is so declared by the Kitsap County board of commissioners in a resolution.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.545 Public right-of-way.

“Public right-of-way” means any road, alley, street, avenue, arterial, bridge, highway, or other publicly owned ground or place used or reserved for the free passage of vehicular and/or pedestrian traffic or other services, including utilities.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.550 Public utility.

“Public utility” means a business or service, either governmental or having appropriate approval from the state, which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need, such as, electricity, gas, sewer and/or wastewater, water, transportation or communications.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.555 Ravine.

“Ravine” means a V-shaped landform, generally having little to no floodplain and normally containing steep slopes, which is deeper than ten vertical feet as measured from the centerline of the ravine to the top of the slope. Ravines are typically created by the wearing action of streams.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.559 Reasonable.

“Reasonable” means not excessive or extreme; fair.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.560 Reasonable alternative.

“Reasonable alternative” means an activity that could feasibly attain or approximate a proposal’s objectives, but at a lower environmental cost or decreased level of environmental degradation.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.565 Reasonable use.

“Reasonable use” means a property that is deprived of all reasonable use when the owner can realize no reasonable return on the property or make any productive use of the property. Reasonable return does not mean a reduction in value of the land, or a lack of a profit on the purchase and sale of the property, but rather, where there can be no beneficial use of the property; and which is attributable to the implementation of the Critical Areas Ordinance.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.570 Reasonable use exception.

“Reasonable use exception” means an exception to the standards of this title that allows for the use of a property which cannot otherwise conform to the requirements set forth in this title, including the variance criteria. (See Section 19.100.140 for Reasonable Use Exception procedures.).

(Ord. 351 (2005) § 17 (part), 2005)

19.150.572 Re-establishment.

“Re-establishment” means the manipulation of the physical, chemical or biological characteristics of a site with the goal of returning natural or historical functions to a former wetland. Activities could include removing fill material, plugging ditches, or breaking drain tiles.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.575 Refuse.

“Refuse” means material placed in a critical area or its buffer without permission from any legal authority. Refuse includes, but is not limited to, stumps, wood and other organic debris, as well as tires, automobiles, construction and household refuse. This does not include large woody debris used with an approved enhancement plan.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.580 Regulated use or activity.

“Regulated use or activity” means any development proposal which includes or directly affects a critical area or its buffer, or occurs within the area of review, as described in Section 19.100.110(G) and Chapters 19.200 through 19.600 of this title.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.582 Rehabilitation.

“Rehabilitation” means the manipulation of the physical, chemical or biological characteristics of a site with the goal of repairing natural or historical functions and processes of a degraded wetland. Activities could involve breaching a dike to reconnect wetlands to a floodplain, restoring tidal influence to a wetland, or breaking drain tiles and plugging drainage ditches.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.585 Restoration.

“Restoration” means the return of a critical area (e.g., stream or wetland) to a state in which its functions and values approach its unaltered state as closely as possible.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.590 Retention facilities.

“Retention facilities” means drainage facilities designed to store runoff for gradual release by evaporation, plant transpiration, or infiltration into the soil. Retention facilities shall include all such drainage facilities designed so that none or only a portion of the runoff entering the facility will be eventually discharged as surface water. Retention facilities shall include all appurtenances associated with their designed function, maintenance and security.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.595 Riparian area.

“Riparian area” means an area of land which supports riparian vegetation and may include some upland areas, depending on site conditions. These generally occur adjacent to water bodies where specific measures are needed to protect fish and wildlife habitat and watershed functions.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.600 Salmonid.

“Salmonid” means a member of the fish family salmonidae. This family includes Chinook, coho, chum, sockeye and pink salmon; rainbow, steelhead, cutthroat, brook and brown trout; and Dolly Varden char, kokanee, and whitefish.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.605 Sensitive species (state listed).

“Sensitive species” means a species, native to the state of Washington that is vulnerable or declining and is likely to become endangered or threatened in a significant portion of its range within the state without cooperative management or the removal of threats. Sensitive species are legally designated in WAC-232-12-011, as now or hereafter amended.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.610 Shorelines.

For the purposes of this title, “shorelines” means all of the water areas of the state, as defined by Chapter 90.58 RCW, including reservoirs, and their associated wetlands, together with the lands underlying them; except (a) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (b) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.615 Single-family dwelling.

“Single family dwelling” means a building or structure which is intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes by one family and including accessory structures and improvements.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.620 Special flood hazard areas.

“Special flood hazard area” means the area adjoining the floodway which is subject to a one percent or greater chance of flooding in any year, as determined by engineering studies acceptable to Kitsap County. The coastal high hazard areas are included within special flood hazard areas.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.625 Species of concern.

“Species of concern” means those species that have been classified as endangered, threatened, sensitive, candidate, or monitored by the Washington State Department of Fish and Wildlife.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.630 State Environmental Policy Act or SEPA.

“State Environmental Policy Act” or “SEPA” means the state environmental law (Chapter 43.21C RCW) and rules (Chapter 197-11 WAC) as implemented by Kitsap County Code, Title 18 (Environment).

(Ord. 351 (2005) § 17 (part), 2005)

19.150.635 Streams.

“Streams” means those areas in Kitsap County where the surface water flows are sufficient to produce a defined channel or bed. A defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes but is not limited to bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices or other artificial watercourses unless they are used by fish or used to convey streams naturally occurring prior to construction.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.640 Swale.

“Swale” means a shallow drainage conveyance with relatively gentle side slopes, generally with flow depths less than one foot.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.645 Threatened species (state listed).

“Threatened species” means a species, native to the state of Washington that is likely to become endangered in the foreseeable future throughout a significant portion of its range within the state without cooperative management or the removal of threats. Threatened species are legally designated in WAC 232-12-011, as now or hereafter amended.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.650 Toe of slope.

“Toe of slope” means a distinct topographic break in a slope. Where no distinct break exists, this point shall be the lowermost limits of the landslide hazard area as defined and classified in Chapter 19.400.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.655 Top of slope.

“Top of slope” means a distinct topographic break in a slope. Where no distinct break in a slope exists, this point shall be the uppermost limit of the geologically hazardous area as defined and classified in Chapter 19.400.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.660 Unavoidable and necessary impacts.

“Unavoidable and necessary impacts” means an impact to a critical area that remains after an applicant proposing to alter such an area has demonstrated that no practicable alternative exists for the proposed project

(Ord. 351 (2005) § 17 (part), 2005)

19.150.665 Utilities.

“Utilities” means facilities and/or structures which produce or carry electrical power, gas, sewage, water, communications, oil, publicly maintained storm water facilities, etc.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.670 Utility corridor.

“Utility corridor” means areas identified in the Comprehensive Plan for utility lines, including electrical, gas, sewer, water lines; and public right-of-way and other dedicated utility right-of-way on which one or more utility lines are currently located. The term “other dedicated utility right-of-way” means ownership, easements, permits, licenses or other authorizations affording utilities the right to operate and maintain utility facilities on private property.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.671 Wellhead protection area.

“Wellhead protection area” means the surface and subsurface area surrounding a well or wellfield that supplies a public water system.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.674 Wetland delineation.

“Wetland delineation” means the identification of the wetland boundary as determined by using the Washington State Wetlands Identification and Delineation Manual, March 1997, as now or hereafter amended.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.675 Wetland determination.

“Wetland determination” means an on-site determination as to whether a wetland exists on a specific parcel, completed by either a wetland specialist or the department.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.680 Wetland edge.

“Wetland edge” means the line delineating the outer edge of a wetland established in Section 19.200.210.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.685 Wetlands.

“Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include, but are not limited to swamps, marshes, estuaries, bogs, and ponds less than twenty acres, including their submerged aquatic beds and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, storm water facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.690 Wetlands, isolated.

“Wetlands, isolated” or “isolated wetlands” means wetlands that (a) are outside of and not contiguous to any one-hundred-year floodplain of a lake, river, or stream; and (b) have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water or other wetland within a one-hundred-foot radius.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.695 Wetlands, mosaic.

“Wetlands, mosaic” or “mosaic wetlands” means groups of isolated wetlands, any one or more of which may be smaller than any of the regulated categories, but which in aggregate may be as valuable as any of the regulated categories.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.700 Wetlands of regional significance.

“Wetlands of regional significance” means those regulated wetlands determined by the department, or otherwise determined, to have characteristics of exceptional resource value, which should be afforded the highest levels of protection.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.705 Wetlands of statewide significance.

“Wetlands of statewide significance” means those regulated wetlands recommended by the Washington State Department of Ecology (DOE) and determined by the department to have characteristics of exceptional resource value which should be afforded the highest levels of protection.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.710 Wetlands report.

“Wetlands report” means a wetland delineation characterization and analysis of potential impacts to wetlands consistent with applicable provisions of Chapter 19.200 (Wetlands) and Section 19.700.710 (Special Reports).

(Ord. 351 (2005) § 17 (part), 2005)

19.150.715 Wetlands specialist.

“Wetlands specialist” means a person with experience and training in wetland issues who is able to submit substantially correct reports on wetland delineations, classifications, functional assessments and mitigation plans. Substantially correct is interpreted to mean that errors, if any, will be minor and do not delay or affect the site plan review process. Qualifications of a wetlands specialist include:

A. Certification as a Professional Wetland Scientist (PWS) or Wetland Professional in Training (WPIT) through the Society of Wetland Scientists;

B. A Bachelor of Science degree in the biological sciences from an accredited institution and two years of professional field experience; or

C. Five or more years professional experience as a practicing wetlands biologist with a minimum three years professional experience delineating wetlands.

(Ord. 351 (2005) § 17 (part), 2005)

19.150.720 Wildlife biologist.

“Wildlife biologist” means a person with experience and training within the last ten years in the principles of wildlife management and with practical knowledge in the habits, distribution and environmental management of wildlife. Qualifications include:

A. Certification as Professional Wildlife Biologist through The Wildlife Society; or

B. Bachelor of Science or Bachelor of Arts degree in wildlife management, wildlife biology, ecology, zoology, or a related field from an accredited institution and two years of professional field experience; or

C. Five or more years of experience as a practicing wildlife biologist with a minimum of three years of practical field experience.

(Ord. 351 (2005) § 17 (part), 2005)