bainbridgewa.gov - City Prevails in Legal Challenge to Updated Critical Areas Ordinance (CAO)

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Bainbridge Island, WA - Official Website Skip to Main Content Create an Account - Increase your productivity, customize your experience, and engage in information you superintendency about.    Sign In Search GovernmentResidentsVisitorsBusinessHow Do I? HomeNews Flash Search All categories Home Tools RSS Notify Me® Categories All Categories Home News Flash Home Posted on: November 2, 2018City Prevails in LegalRencontreto UpdatedHair-triggerAreas Ordinance (CAO) The City of Bainbridge Island prevailed this week in a legal rencontre by the Kitsap County Association of Realtors and other parties related to the City’sHair-triggerAreas Ordinance (CAO) update and, specifically, the Aquifer Recharge Protection Areas (ARPAs) component of the updated CAO.The Central Puget Sound Growth Management Hearings Board unanimously upheld the City’s February 2018 update to its CAO by dismissing a Petition for Review filed by the Kitsap County Association of Realtors  and other parties (Realtors). In upholding the City’s CAO update, the Board rejected all the Realtors’ challenges and held that the City make-believe lawfully in enacting Ordinance No. 2018-01.The CAO is a set of minutiae regulations to designate and protect hair-trigger areas, as required by the state’s Growth Management Act (GMA). Under the CAO, an ARPA is specified as “a portion of a minutiae site comprised of native or equivalent vegetation in which existing vegetation, topography and supporting soils are self-ruling of development, uses or activities detrimental to the aquifer recharge of the total site area.”The Board terminated the City met the requirements under the GMA related to public notice and participation, protection of private property rights, and use of weightier misogynist science in developing the regulations to protect hair-trigger areas and aquifer recharge zones.In upholding the City’s tideway to protect the Island’s hair-trigger areas and its aquifer system through ARPAs, the Board took notice of the Island’s special environmental character, including that the Environmental Protection Agency has designated “the City’s unshortened aquifer system as a ‘sole source aquifer’ considering it supplies at least 50% of the City’s drinking water.”“Bainbridge Island is unique in its dependence on aquifers for our water. To make sure we protect our drinking water for generations to come, the Council felt that we needed a correspondingly unique tideway in ourHair-triggerAreas Ordinance,” said Mayor Kol Medina. “I’m so pleased that the Board upheld our tideway and our community’s right to do everything we can to protect our environmental resources.”Additionally, in rejecting the Realtors’ rencontre related to the scientific understructure for the new regulations, including the ARPAs, the Board terminated that the Realtors presented “no scientific treatise vastitude their own ‘calculations’ to refute the City’s process, data, or conclusions.” The Board moreover rejected the Realtors’ treatise related to what legal standard to wield for protecting hair-trigger areas as “wholly without merit.”“I’m glad that a visualization was made by the Board, so that we can now move forward and protract to focus on making this Ordinance work for everyone,” said Deputy Mayor Joe Deets. If you’d like to read the Board’s decision, please visit theHair-triggerAreas Ordinance Update webpage. Hyperlinks:Ordinance 2018-01: http://apps.bainbridgewa.gov/weblink8/0/doc/72448/Electronic.aspxCritical Areas Ordinance Update: http://www.bainbridgewa.gov/898/Critical-Areas-Ordinance-UpdateMunicipal Code, Chapter 16.20Hair-triggerAreas: https://www.codepublishing.com/WA/BainbridgeIsland/#!/BainbridgeIsland16/BainbridgeIsland1620.html#16.20.190Additional Info... ⇐Previous City Seeking Applicants for Citizen Advisory GroupsNext⇒ BIPD Investigating Allegation of Assault Other News in HomeAttend a Dec. 10 Meeting on Placement of New Buoys in Eagle HarborPosted on: November 27, 2018Update: WSDOT Cancels December Night Work on SR 305 Agate Pass BridgePosted on: November 26, 2018Update: Suzuki PropertyMinutiaeProjectPosted on: November 19, 2018Traffic Notice: Plan Ahead for Night Closures of SR 305 Agate Pass BridgePosted on: November 14, 2018New Tree Regulations to Begin December 3Posted on: November 13, 2018City Council Releases Statement Following Rejection of SAFE Mobility LevyPosted on: November 7, 2018City Seeking Applicants for Citizen Advisory GroupsPosted on: November 6, 2018BIPD Investigating Allegation of AssaultPosted on: October 18, 2018Waterfront Park Receives “Great Places in Washington” AwardPosted on: October 17, 2018PCD Now Offering Online Services & Appointments for Building Permit ApplicantsPosted on: October 11, 2018City Accepting Applications for Open Water Marina CommunityPosted on: October 8, 2018City Seeking Input on Intersection Improvements at Sportsman Club Rd & New Brooklyn RdPosted on: October 3, 2018City Seeking Community Input on 2019-2020 Proposed BudgetPosted on: September 28, 2018City Council Approves Details of SAFE Mobility Project Selection CommitteePosted on: September 26, 2018Work on City Projects toProtractFollowing End of StrikePosted on: September 10, 2018Enforcement of All-Gender Restroom Rules Begins on October 1Posted on: September 10, 2018Project at Winslow Way Ravine Brings Traffic Lane, Sidewalk ClosuresPosted on: August 28, 2018BIPD Seeks Public's Help After Vandals Cause $5,000 in Damage at Battle Point ParkPosted on: August 24, 2018Update: City Council Amends Landmark Tree OrdinancePosted on: August 16, 2018Road Shoulder Improvement Project to Bring Delays Along Miller Road & Fletcher Bay RoadPosted on: August 9, 2018Wastewater Treatment Plant Receives Outstanding Performance AwardPosted on: August 9, 2018Appointments Made to Pro and Con Committees for “Connecting Bainbridge: SAFE Mobility Levy”Posted on: August 3, 2018City Seeks Proposals for Projects to Support TourismPosted on: July 26, 2018City Seeks Lodging Representative for Lodging Tax Advisory CommitteePosted on: July 25, 2018Community Members Organize ‘Dinner on the STO’Posted on: July 12, 2018City Council Postpones Public Hearing for Landmark Tree OrdinancePosted on: July 11, 2018Planning a Trip Abroad? 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