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HomeMy WebLinkAbout4976 ORDINANCE NO. 4976 AN ORDINANCE of the City Council of the City of Bremerton, Washington amending certain sections of the Bremerton Shoreline Master Program originally adopted by Resolution No. 1736, on October 5, 1977 and implemented per the provisions of BMC Chapter 20.16 Shoreline Development. Amendments are to ensure consistency with new Critical Areas Ordinance regulations of BMC Chapter 20.02 adopted by Ordinance 4965, on March 15, 2006. Amendments correct outdated or erroneous elements of the Shoreline Master Program, and amend Shoreline Management Program requirements for view corridors in single family residential environments. WHEREAS, the State Shoreline Management Act of 1972 is intended to protect and restore the valuable natural resources that shorelines represent and to plan for and foster all reasonable and appropriate uses that are dependent upon a waterfront location or which will offer opportunities for the public to enjoy the state's shorelines, and WHEREAS, the WaShington State Shoreline Management Act requires local governments to plan for shoreline development through local Shoreline Master Programs, and requires local governments to regulate shoreline development through a permitting system, both of which are monitored by the Washington State Department of Ecology; and WHEREAS, the proposed amendments are fully consistent with the State Shoreline Management Program Guidelines included in WAC 173-26; and WHEREAS, the City of Bremerton will forward this ordinance with a completed Washington Department of Ecology SMP Submittal Checklist to the State Department of c- Ecology for approval; and WHEREAS, State of Washington legislation (ESHB 1933) requires Bremerton to provide equivalent ecological protection for critical areas in the shoreline jurisdiction; and WHEREAS, in March of 2006, the City of Bremerton adopted new development regulations to protect the functions and values of critical areas (known as the "Critical Area Ordinance" or CAO), that in accordance with RCW 36.70A.170 are based on a Best Available Science standard, and said development regulations included revised buffer standards for saltwater shorelines, and these new CAO development regulations are cross-referenced into the Shoreline Master Program through the proposed SMP amendments; and 1 2006 SMP Amendment WHEREAS, such modification to integrate the Shoreline Master Program buffers through reference to the Critical Areas ordinance is in the best interest of the public; and WHEREAS, preparation of this ordinance has included the use of relevant nonscientific information, including consideration of legal, social, policy, economic, and land use issues and reflects the City's responsibilities under numerous laws and programs, including provisions of the Growth Management Act, and the need to weigh and balance various factors as part of decision making to accomplish municipal objectives; and WHEREAS, the City is proposing only minor amendments to the Shoreline Master Program to integrate with the CAO, and to fix clear errors and unworkable provisions; and WHEREAS, the minor SMP amendments include Shoreline Access Appendix G, to document a formal network of shoreline public access points, which adequately balance opportunities for public enjoyment of shorelines of the State with the removal of an unworkable provision for a twenty-five percent view corridor on properties in single family residential environments; and WHEREAS, the City will consider comprehensive Shoreline Master Program amendments in a subsequent work program to comply with Shoreline Management Guidelines in accordance with the timelines included in the State law; WHEREAS, the City established a public participation program and has fully complied with the process for SMP amendments described in WAC 173-26, Parts I and II; and as part of the public participation program held multiple public hearings at the Planning Commission level, held a dedicated public open house, provided updates to the schedule on public television, the City web site, made draft materials available for download on the City website, and provided notice of all meetings through legal advertisements in the newspaper; and WHEREAS, on April 28, 2006 a draft SMP was circulated to the State Agencies for the requisite 60-day review and comment period; and WHEREAS, on July 11, 2006 the City issued a SEPA Determination of Nonsignificance with an appeal deadline of August 7,2006; WHEREAS, the City of Bremerton Planning Commission on June 20, 2006 deliberated on the proposed minor amendments, held a public hearing, and made a recommendation for City Council adoption; and WHEREAS, the City considered and responded to government agency and public comments; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 2006 SMP Amendment SECTION 1. The findings and conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth in full herein. SECTION 2. The SHORELINE MASTER PROGRAM, City of Bremerton, Washington is hereby amended and adopted as set forth in Exhibit B and incorporated as if set forth in full herein. SECTION 3. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law, and upon approval by the Washington State Department of Ecology pursuant 0 WAC 173-26-110. PASSED by the City Council the ~ _ ,2006 Approved this CU::J.) day of APPROVED AS TO FORM: RO~ {ftVIC~City Attorney PUBLISHED the 1CU:i.J day of ~ EFFECTIVE the d/o.;t,U day of __ ORDINANCE NO. ~q7t:, ,2006 ,2006 R:\Legal\Legal\Ordinances\Community Development\2006 SMP Amendment.doc 3 2006 SMP Amendment SHORELINE MASTER PROGRAM City of Bremerton, Washington Master Program Amendments Ordinance/Resolution SubiectCsl Effective Date Res. No. 1736 Adopted 1 0-5-77 Res. No. 1746 Vesting of Rights 1-17 -78 Res. No. 1765 Residential Height Limits 5-16-78 Res. No. 1769 Residential Setbacks 7-5-78 Res. No. 1770 Residential Height Limits 5-16-78 Ord. No. 4183 Downtown Waterfront, Public Access, Marine Bluff Review, Permit Procedures 1-25-89 Ord. No. 4365 Amendments - Public Access, Shore Modification, View Protection, Moorage, Administration 2-5-92 Ord. No. 4634 Amendments - Piers and Docks 4-27 -99 Ord. No. 4797 Amendments - Administrative Hearing Examiner 5-1 0-02 Ord. No. 4829 Amendments - Downtown Development Standards 1-12-03 Ord. No. 4976 2006 Minor Amendments - -06 Consistency with CAO Update Table of Contents List of Figures................................................................................................................. iv List of Tables ................................................................................................................ iv Chapter 1. INTRODUCTION A. THE SHORELINE MANAGEMENT ACT ............................................................ 1-1 B. AUTHORITy........................................................................................................ 1-2 Master Program Application ....................................................................1-2 Relationship to Zoning Policy and Regulations....................................... 1-3 C. HOW TO USE THE MASTER PROGRAM......................................................... 1-3 Goals, Policies, and Regulations.............................................................1-5 2. GOALS .................................................................................................................2-1 3. ENVIRONMENT DESIGNATIONS AND REQUIREMENTS A. SHORELINE ENVIRONMENT DESIGNATIONS ...............................................3-1 Urban Conservancy................................................................................. 3-2 Urban Residential.................................................................................... 3-2 Urban Commercial................................................................................... 3-2 Downtown Waterfront.............................................................................. 3-2 Urban Industrial........................................................................................ 3-2 B. COMMON LEGAL DESCRI PTIONS ...................................................................3-3 Urban Conservancy................................................................................. 3-3 Urban Residential.................................................................................... 3-5 Urban Commercial................................................................................... 3-6 Downtown Waterfront.............................................................................. 3-7 Urban Industrial........................................................................................ 3-7 C. NATURAL SYSTEMS DESiGNATIONS............................................................. 3-7 Kitsap Lake.............................................................................................. 3-8 Kitsap Lake Wetlands.............................................................................. 3-9 Tracy ton Beach........................................................................................ 3-9 Non-Tidal Puget Sound........................................................................... 3-10 D. MAPS................................................................................................................. 3-10 Environments........................................................................................... 3-10 Natural Systems...................................................................................... 3-10 Map Boundaries....................................................................................... 3-10 E. SHORELINE USES AND ACTiViTIES................................................................ 3-17 Unidentified Uses and Activities.............................................................. 3-17 Shoreline Use/Activity Summary .............................................................3-17 BREMERTON SHORELINE MASTER PROGRAM 3. ENVIRONMENT DESIGNATIONS AND REQUIREMENTs---Continued F. ENVIRONMENT -SPECI FIC REGULATIONS..................................................... 3-21 Urban Commercial Environment .............................................................3-21 Downtown Waterfront Environment......................................................... 3-22 Oyster Bay Cannel................................................................................... 3-23 Development Standards.......................................................................... 3-23 4. GENERAL POLICIES AND REGULATIONS Archeological and Historic Resources................................................................. 4-2 Marine Bluff Review............................................................................................. 4-4 Public Access....................................................................................................... 4-6 Signs ................................................................................................................. 4-15 Shorelines of State-Wide Significance................................................................ 4-18 View Protection.................................................................................................... 4-20 5. SHORELINE USE POLICIES AND REGULATIONS Agriculture............................................................................................................ 5-2 Aquaculture.......................................................................................................... 5-4 Commercial Development................................................................................... 5-7 Forest Management Practices............................................................................. 5-10 Industrial Development........................................................................................ 5-11 Marinas................................................................................................................. 5-13 Mining ................................................................................................................. 5-15 Recreational Development.................................................................................. 5-17 Residential Development..................................................................................... 5-19 Roads, Railroads and Bridges............................................................................. 5-22 Solid Waste Disposal........................................................................................... 5-25 Utilities ................................................................................................................. 5-26 Water Access and Moorage Facilities .................................................................5-28 6. SHORE MODIFICATION ACTIVITY POLICIES AND REGULATIONS Shore Modification............................................................................................... 6-2 Beach Enhancement............................................................................... 6-9 Breakwaters, Jetties, Rock Weirs and Groins......................................... 6-14 Bulkheads and Seawalls......................................................................... 6-17 Clearing.................................................................................................... 6-24 Dredging.................................................................................................. 6-25 Flood Management.................................................................................. 6-27 Grading and Drainage............................................................................. 6-28 Landfill...................................................................................................... 6-29 Revetments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6-31 7. ADMINISTRATION AND ENFORCEMENT A. SHORELINE DEVELOPMENT & PERMITS ...................................................... 7-1 APPLiCABILITy...................................................................................... 7-1 Statement of Exemption.......................................................................... 7-2 Nonconforming Development.................................................................. 7-2 Restrictions Affecting Fair Market Value of Property.............................. 7-2 BREMERTON SHORELINE MASTER PROGRAM II B. TYPES OF SHORELI N E PERM ITS.................................................................... 7-2 Substantial Development Permit .............................................................7-2 Conditional Use Permit............................................................................ 7-3 Variance Permit....................................................................................... 7-4 C. PERM IT APPLiCATION...................................................................................... 7-5 Application Form ..................................................................................... 7-5 Duration of Permits.................................................................................. 7-5 D. REVISION OF PERMITS.................................................................................... 7-6 E. APPEALS ............................................................................................................ 7-7 F. ENFORCEMENT................................................................................................. 7-7 8. DEFINITIONS ................................................................................................................. 8-1 9. TECHNICAL REFERENCES CH. 4: GENERAL POLICIES AND REGULATIONS Marine Bluff Review................................................................................. 9-1 Public Access.......................................................................................... 9-1 CH.5: SHORELINE USE REQUIREMENTS Commercial Development....................................................................... 9-1 CH.6: SHORE MODIFICATION Shore Modification................................................................................... 9-2 APPENDICES (Under Separate Cover) A - THE SHORELINE ENVIRONMENTS OF KITSAP COUNTY B - FEDERAL SHORELINES C - FLOOD PLAIN MANAGEMENT D - FINAL REPORT: RECOMMENDED INTERIM GUIDELINES FOR THE MANAGEMENT OF SALMON NET-PEN CULTURE IN PUGET SOUND E - KITSAP COUNTY, WASHINGTON, NET SHORE DRIFT (Excerpts) APPENDICES (Attached Hereto) F - Critical Areas Ordinance Referenced Sections G - Shoreline Access Appendix BREMERTON SHORELINE MASTER PROGRAM III List of Figures 1-1 Relationship between Goals, Pol icies and Reg u lations.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... 1-5 3-1 Shoreline Environment Designations Map.......................................................... 3-12 3-2 Natural Systems Map........................................................................................... 3-16 3-3 Docks & Piers Prohibited .....................................................................................3-27 6-1 Typical Beach Enhancement Project...................................................................6-13 6-2 Bulkheads Constructed of Thin Sheet Piling with Deep Footings............................................................................................................... 6-22 6-3 Bulkheads of Massive Structure Resting on Sand or Grout Filled Bags........................................................................................................... 6-22 6-4 Bulkhead Setback Minimum along Marine Accretion Beaches ..........................6-23 6-5 Recommended Location of Bulkheads along Driftways and Lakeshores........................................................................................................... 6-23 6-6 Typical Gabion Construction................................................................................ 6-33 6-7 Examples of Design Criteria for Riprap Revetments........................................... 6-33 9-1 Location of Surf Smelt Spawning Beds ............................................................... 9-5 List of Tables 1-1 Master Program Contents.................................................................................... 1-4 3-1 Shoreline Use/Activity Matrix............................................................................... 3-18 3-2 Site Development Standards............................................................................... 3-24 4-1 Public Access Requirements ...............................................................................4-12 9-1 Hydraulic Project Approval................................................................................... 9-3 BREMERTON SHORELINE MASTER PROGRAM IV Chapter 1 INTRODUCTION A. THE SHORELINE MANAGEMENT ACT In 1969, the Washington State Supreme Court decided, in the case of Wilbour V. Gallagher (77 WN 2d 302) popularly known as the "Lake Chelan Case", that certain activities along the shorelines were contrary to the public interest. The Court findings required that the public interest be represented in the proper forum for determining the use of shoreline properties. The ramifications of this decision were significant in that developers and environmentalists recognized, although probably for different reasons, the need for a comprehensive plan and use regulation program for shorelines. Wilbour V. Gallagher was a case primarily involving property rights. It was decided at the time of heightened environmental fervor. Federal legislative committees were hearing the beginnings of what eventually became the National Environmental Policy Act of 1970. "Earth Day" and the concept of "spaceship earth" were a part of the American scene. "Conservationists" had become "environmentalists" and some had even gone so far as to call themselves "ecologists". Whatever the word or concept, concern for fragile ecological areas became important, along with the concern for property rights. Voters of the State, seeing the failure of a Seacoast Management Bill in the State legislature, validated an initiative petition commonly titled the "Shoreline Protection Act". The State legislature at about the same time passed a variation of this Act known as the Shoreline Management Act of 1971 (SMA) which became effective in June, 1971, with the provision for both statutes to be referred to the electorate in the November, 1972 election. The election issue required that voters respond to two questions: Did they favor shoreline management and which alternative management program did they prefer. Most Washington voters favored both shoreline management and the legislature's alternative by an approximate 2 to 1 margin. The Act's paramount objectives are to protect and restore the valuable natural resources that shorelines represent and to plan for and foster all "reasonable and appropriate uses" that are dependent upon a waterfront location or which will offer the opportunities for the public to enjoy the state's shorelines. With this clear mandate, the provisions of the SMA established a planning and regulatory permit program, which is initiated at the city and county level under State guidance. This cooperative effort balances local and state-wide interests in the management and development of shoreline areas. Local governments are required to plan for shoreline development by developing local shoreline master programs (SMPs). They are also required to regulate such development through a shoreline permit system for substantial development projects. SMP INTRODUCTION 1 - 1 Local government actions are monitored by the State of Washington Department of Ecology (WDOE), which approves new or amended SMPs, reviews substantial development permits, and approves conditional use permits and variances. The master program is essentially a shoreline comprehensive plan with a distinct environmental orientation applicable to shoreline areas and customized to local circumstances. Collectively, the local master programs comprise the State Shoreline Master Program. The City of Bremerton adopted a shoreline permit system and compiled a shoreline inventory in 1972. The City developed and adopted its first shoreline master program with the help of a citizen advisory group in 1976. The Master Program was subsequently amended several times during the intervening years, with major amendments in 1989 and 1992, and minor amendments in 2006 to integrate with a new Critical Areas Ordinance. B. AUTHORITY The authority of the passage of this Master Program is granted and required by the Shoreline Management Act of 1971 as amended. Master Program Application The provisions of this Master Program shall apply to all "shorelines" as that term is defined herein and which are within the jurisdiction of the City of Bremerton as defined by law. 1. Development Prior to Master Program Adoption: The provisions of this Master Program shall not apply to those substantial developments as defined herein for which Substantial Development Permits were issued prior to the October 5, 1977 adoption of this Master Program. These previously approved substantial developments must however comply with the policies and regulations of the Act, the Department of Ecology guidelines, and, so far as can be ascertained, the Master Program being developed for the area at the time the Substantial Development Permit was issued. 2. Development Subsequent to Master Program Adoption: a. Substantial developments which are approved after the October 5, 1977 adoption of this Master Program must, when developed, comply with the policy and regulations of the Act, the Master Program in effect at the time they were granted an original or revised Substantial Development Permit, and the terms of that permit. Non-permit development must comply with this Master Program upon development. SMP INTRODUCTION 1 - 2 b. Subdivisions: Lot size and required improvements in subdivisions may be developed per standards in effect at the time of plat approval within five (5) eyars of plat approval. However, development on those lots must conform with Master Program standards in effect at the time of development. Relationship to Zoning Policy and Regulations Because of the complex nature of the shoreline environment and the policy of the Shoreline Management Act and guidelines, the contents of this Master Program will differ from current zoning policies and regulations. Thus, while the two regulations may appear at times to be contradictory, they complement one another and where conflict does arise, the more restrictive will take precedent. Requests for permits, zone reclassifications or other licenses sought under the Bremerton Zoning Ordinance, Short Subdivision Ordinance and other local land use regulations as may be adopted which fall within the shoreline area shall not be approved until such requests are made to be consistent with the Master Program. To the fullest extent possible, requests for approvals under the various land use regulations should be made simultaneously with necessary shoreline permits to enable the City to closely coordinate and correlate the two procedures. c. HOW TO USE THE MASTER PROGRAM The Bremerton Master Program is organized into chapters as described in Figure 1-1. This organization differs somewhat from previous versions in order to bring it into conformance with Department of Ecology Shoreline Master Program Handbook recommendations. Background information, often excerpted from the Handbook, is occasionally inserted into the Master Program in italics to provide additional guidance. SMP INTRODUCTION 1 - 3 TABLE 1-1 MASTER PROGRAM CONTENTS 0 CHAPTER I CONTENTS I HOW TO USE I 1 Introduction History of shoreline management; Get acquainted with Shoreline legislative and legal framework and Management and this Master applicability of shoreline master Program. programs; user's guide. 2 Goals Broad principles that establish intent Review to see that your project behind Master Program policies and is consistent with these goals. regulations. 3 Environment Shoreline environment map Check here to see what can be Designations and designations; matrices (charts) done on your property. Requirements summarizing permitted uses and (Remember to check the zoning activities, requirements, and ordinance as well.) development standards (setbacks, height, view corridors, etc.) of each environment. 4 General Policies and Provisions that apply to all environments, Check to see if any of these Regulations uses or activities (clearing, grading, apply to your project. public access, signs, etc.) 5 Shoreline Use Policies Development guidelines and standards Your project must comply with and Regulations for specific uses (aquaculture, requirements for all uses that residential, commercial or industrial apply. development, marinas, etc.) 6 Shore Modification Provisions for shoreline modification Check to see if your project Activity Policies and activities typically associated with includes any of activities that Regulations shoreline development (beach will modify the configuration of enhancement, bulkheads, dredging, the shoreline. landfill, etc.) 7 Administration and Applicability; permit application This section explains who can Enforcement requirements and process; appeals; approve your permit, how to enforcement; amendments to Master appeal the decision, and other Program. procedural matters. 8 Definitions Meanings of terms used in Master Check to see if term definitions Program. (Defined terms are printed in will affect your project. bold type throughout the Master Program.) 9 Technical References A list of references pertaining to issues You may find information addressed by the Master Program. affecting your project in these references. Appendices Special reports and other reference Check Contents to see if you (Separate document) materials. need to consult any of these. SMP INTRODUCTION 1 - 4 Goals, Policies, and Regulations The Shoreline Master Program includes goals, policies and regulations relating to development in shoreline areas. Goals are the broadest value statements and recommendations. Policies are the bridge between goals and regulations. Policies are used to help interpret the intent of regulations. Regulations are the primary standards against which all development proposals are evaluated. FIGURE 1-1 RELATIONSHIP BETWEEN GOALS, POLICIES AND REGULATIONS SMP INTRODUCTION 1 - 5 This page intentionally left blank SMP INTRODUCTION 1 - 6 Chapter 2 GOALS The Master Program goals state the broadest principals that establish the intent behind Master Program requirements. These goal statements are intended to ensure consistency as Master Program policies and regulations are applied to various shoreline uses. Broad goals guiding shoreline management are generally addressed in the "elements" listed below, as described in WAC 173-16-040. Additional Master Program goals are included in many Master Program shoreline use/activity sections with policies and regulations. Master Goal Plan and foster all reasonable and appropriate uses while protecting and enhancing the quality of the shoreline of Bremerton. Economic Development Goal Encourage economic development that is integrated with the shoreline environment and is water dependent or related and which can benefit the community by a shoreline location. Public Access Goal Improve public access to the public portions of the shorelines through appropriate acquisition and development. Circulation Goal Provide an efficient circulation system for the shoreline areas which is adequate for marine and land traffic without detracting from shoreline amenities. Recreation Goal Protect and improve recreational opportunities consistent with community needs through the development of publicly owned shorelines. SMP GOALS 2 - 1 Conservation Goal Preserve shoreline natural systems and areas having unique aesthetic or environmental qualities. Historical/Cultural Goal To protect, preserve and restore shoreline areas identified as having historical, cultural, or educational value. SMP GOALS 2 - 2 Chapter 3 ENVIRONMENT DESIGNATIONS AND REQUIREMENTS A. SHORELINE ENVIRONMENT DESIGNATIONS City shorelines are classified into specific environment designations. These designations are based on physical, biological and development characteristics of the shorelines. The Shoreline Management Act represents state-wide concerns and is based on the public trust doctrine protecting the rights of the people of the State of Washington. Therefore, shoreline environment designations take precedence over local zoning and comprehensive plan designations. The entire Bremerton shoreline is designated an "Urban" environment. The Shoreline Management Act Guidelines state: The objective of the urban environment is to ensure optimum utilization of shorelines within urbanized areas by providing for intensive public use and by managing development so that it enhances and maintains shorelines for a multiplicity of urban uses. Since Bremerton's shoreline is almost entirely developed, except in its utility lands, with some type of residential, commercial, industrial or recreational use, it was believed that an Urban designation was most appropriate. Within this main designation, several sub- designations have been made. All designations extend 200 feet landward of the Ordinary High Water Mark (OHWM), unless otherwise described below. The Urban environment is divided into the following sub-designations: 1 IThe descriptions of the environment designations, except for the Downtown Waterfront designation,are excerpted from the City of Bremerton Shoreline Management Master Program adopted in October 1977. The Downtown Waterfront description is exerpted from the former "Designation of Environments" section of the 1989 amendments. These descriptions were inadvertently omitted from the amendments adopted in 1989 and/or 1992. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 1 Urban Conservancy The Urban Conservancy designation is for areas that are currently or intended for recreational use and for areas identified as having biological or physical limitations or other unique or hazardous characteristics that are incompatible with intense development. Activities permitted in these areas are intended to have minimal adverse impacts upon the shoreline. Urban Residential The Urban Residential designation is for areas which are primarily residential or intended for residential use. These areas are to maintain existing character and be consistent with that character in terms of open space, bulk, scale, and intensity of use within the guidelines of current zoning. The Shore Drive Overlay is a special designation within the Urban Residential Environment intended to protect scenic views in the unique Shore Drive environment - especially from Upper Shore Drive. Urban Commercial The Urban Commercial designation is primarily for those areas which range from the high intensity business district and small light industry to the small commercial operations located in the various neighborhoods. The intent of this designation is to encourage commercial development that could enhance public access to the shoreline, either physical or visual, and provide a setting for the commercial operation that will be of economic benefit. Downtown Waterfront The Downtown Waterfront designation is a special Urban Commercial designation for the downtown shoreline area that is subject to the Chapter 20.76 BMC, and Figure 20.74(a) BMC. The intent of this designation is to encourage development of the downtown waterfront into a vital, attractive water-oriented area that maximizes opportunities for large numbers of people to interact passively and actively with the shoreline for leisure and enjoyment uses. (Ord. 4829, 2003) Urban Industrial The Urban Industrial designation is primarily for those areas which are heavily developed for industrial purposes and those which are appropriate for industrial purposes. The intent of the designation is to provide for efficient utilization of suitable shoreline areas for water dependent commerce and industry consistent with the Shoreline Management Act of 1971 , as amended. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 2 B. COMMON LEGAL DESCRIPTIONS "Common" legal descriptions provide a clear basis for identifying boundaries of environment designations. These descriptions typically rely on both man-made and natural features (i.e. roads, bluffs, dikes, etc.) to delineate boundaries. Where there is a discrepancy, the common legal descriptions take precedence over mapped boundaries. Certain areas expected to be annexed into the City in the near future have been pre-designated in order that the City Master Program will be effective upon annexation. These areas are described in italics in the common legal descriptions. Urban Conservancy The following areas are designated Urban Conservancy (map designations precede descriptions): City Parks The following Urban Conservancy areas are under the jurisdiction of the City of Bremerton Parks Department: Cs-1 Kitsap Lake Park -- A city park northwest of Harlow Drive off Price Road, at the south end of Kitsap Lake. Much of the westerly part of the park is within the Kitsap Bog Natural System Designation (described later in this section), in which case regulations for the Bog apply. The western portion of the park is currently outside the city limits, but is expected to be annexed in the near future. CS-2 NAD Marine Park -- An undeveloped city nature area park located at the north end of Shorewood Drive, along the west shore of Ostrich Bay. Cs-3 Warren Avenue Bridge Landing -- A state right-of-way at the south end of the Warren Avenue Bridge, along the south shore of the Port Washington Narrows. CS-4 Evergreen Park -- A city park east of Park Avenue and south of Park Drive, along the west shore of the Port Washington Narrows. CS-5 Lions' Community Playfield/Manette Treatment Plant -- A city multi-purpose park located south of Lebo Boulevard between Sheridan Road and Stephenson Avenue, consisting of a playfield on the northwest and an undeveloped view area at the site of the demolished Manette sewage treatment plant on the southeast, along the northeast shore of the Port Washington Narrows. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 3 CS-6 Lent Lane Viewpoint -- An undeveloped view area south of Lebo Boulevard located at the intersection of Reid Avenue, along the northeast shore of the Port Washington Narrows. CS-7 Sheridan Park/Community Theatre -- The southerly portion of a city park south of Lebo Boulevard at Clare Avenue, and the Community Theatre site northwest of the park, along the northeast shore of the Port Washington Narrows. CS-8 Manette Bridge Landing -- A state right-of-way at the east end of the Manette Bridge, along the northeast shore of the Port Washington Narrows. City Utility Lands The following Urban Conservancy areas are City of Bremerton lands under the jurisdiction of the Bremerton Utility Department: CS-9 Union River Reservoir -- This reservoir is given special consideration because of its vital role in providing the greater Bremerton area a safe, clean supply of industrial and domestic water. The reservoir is formed by Casad Dam which was completed in 1957. The reservoir is located approximately 5 miles west of the urbanized portion of Bremerton on Utility Department lands. However, it is inside the corporate limits of the City and receives police and fire protection from Utility Department staff and the Department of Natural Resources. The Union River canyon was dammed by the 195 foot high Casad Dam, filling the canyon to a depth of 135 feet at the dam. The reservoir extends more than 1- 1/4 miles to the northeast between the steep slopes of Gold Mountain and the Blue Hills. CS-10 Twin Lakes Reservoir -- This man-made reservoir is located south of the Belfair Valley Road, west of the Gold Mountain Golf Course, in a city Water Supply Protection Area, on Utility Department lands. It is connected to the Union River by a water transmission pipeline. It has a capacity of 1200 acre feet. Other Conservancy Designations CS-11 Anderson Creek -- This site is located at the mouth of Anderson Creek at the head of Sinclair Inlet, just east of the Gorst business district, north of S.R. 160, in a city Forest Resource Area, on Utility Department lands. The site is a former solid waste landfill that was more recently used as a log staging site, and is nowused by a private tenant for a garden related business.. The soils on the site are not suitable to support most commercial and/or industrial type buildings, and could not be used for septic tank drainfield sewage disposal systems without extensive fill. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 4 Cs-12(F)Camp McKean -- A recreational area for the use of Navy personnel located approximately mid-way on West Kitsap Lake Road between Kitsap Lake Wetlands and Northlake Way. Federal facilities are outside the jurisdiction of the City. This designation will become effective upon annexation of the area to the City. Urban Residential The following areas are designated Urban Residential (map designations precede descriptions): R-1(F) Jackson Park -- A U.S. Navy housing area located between NAD Marine Park and the city limits off the SR-3 Austin Drive Interchange, along the west shore of Ostrich Bay. This is a U.S. Navy housing area and is outside the land use jurisdiction of the City. R-2 Ostrich Bay-West/Oyster Bay-West -- Extends west from NAD Marine Park on the west shore of Ostrich Bay, and around Madrona Point, to the Oyster Bay Commercial area along the south shore of Oyster Bay. R-3 Oyster Bay-East/Mud Bay -- Extends east from the Oyster Bay Commercial area, along the east shore of Ostrich Bay, and along the west shore of Mud Bay to the city limits. R-4 Haddon Peninsula -- Extends northeast from the city limits at the south end of Phinney Bay, along the west shore of the Port Washington Narrows, and around Anderson Cove to the Thompson Commercial area. R-5 Port Washington Narrows-South -- Extends west from the Thompson Avenue Industrial area to the Warren Avenue Bridge Landing, along the southwest shore of the Port Washington Narrows. R-6 Park Avenue -- Extends southeast from the Warren Avenue Bridge landing to Evergreen Park, along the southwest shore of the Port Washington Narrows. R-7 Tracy ton Beach -- Extends southeast from the city limits along the north side of Tracy ton Beach Road to Elm Street, along the northeast shore of the Port Washington Narrows. R-8 Stephenson Avenue -- Extends east from Lions' Community Playfield/Manette Treatment Plant site to the Lent Lane Viewpoint at Stephenson Avenue, along the northeast shore of the Port Washington Narrows. R-9 Reid Avenue -- Extends east from the Lent Lane Viewpoint to the Community Theatre/Sheridan Park site along the northeast shore of the Port Washington Narrows. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 5 R-10 Manette-West -- Extends south from the Campbell/ Wheaton Commercial area to the Manette Bridge Landing, along the northeast shore of the Port Washington Narrows. R-11 Manette-East -- Extends south from the Manette Commercial area, around the Manette peninsula, to the city limits, along the northeast shore of the Port Washington Narrows and the west shore of Sinclair Inlet. This area will extend north of Jacobson Boulevard to the approximate extension of Cascade View Trail effective on the date of annexation (pending). R-12 Kitsap Lake -- Extends north from Camp McKean on the west lake shore, around the lake along the east lake shore to Kitsap Lake Park. This area will include the southwest lake shore between Camp McKean and Kitsap Lake Wetlands effective upon annexation of that area (pending). R-13 Sherman Heights -- Extends along the northwest shore of Sinclair Inlet approximately between State Route 3 (SR-3) and Bayview Drive extended. This designation will become effective upon annexation of the area (pending). R-sD Shore Drive Overlay - Extends along Shore Drive from 9th St. to Vandalia Ave. only for those lands on the waterward side of Upper Shore Drive. The overlay area contains special upper level view corridor standards to protect important views from Upper Shore Drive. Urban Commercial The following areas are designated Urban Commercial (map designations precede descriptions): C-1 Oyster Bay -- Extends southeast from Lower Oyster Bay Road to the Forest Avenue intersection, along the south shore of Oyster Bay. This area excludes the parcels adjacent to the shoreline at Lower Oyster Bay Road (Lot 14) and at Forest Avenue (Lots 3 and 4), which are within the Residential designation. C-2 Highland -- Extends south from the intersection of 13th Street and Highland Avenue, then south past the Manette Bridge to Sixth Street extended on the east side of Washington Avenue, along the west shore of the Port Washington Narrows. Small portions of the area west of Highland and Washington may also be within the 200-foot shoreline area. C-3 CampbelllWheaton -- Extends southeast along old Wheaton Way from Sheridan Park to a point just southwest of Warren C. Magnuson Way (the north boundary of the Bremerton Gardens apartment complex), on the northeast shore of the Port Washington Narrows. C-4 Manette -- Extends southeast of the Manette Bridge Landing to the East 9th St. Right of Way, including a small area northeast of Shore Drive, on the northeast shore of the Port Washington Narrows. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 6 Downtown Waterfront The Downtown Waterfront area is located along the west shore of the Port Washington Narrows where it meets Sinclair Inlet. It is bounded on the south by PSNS; on the west by the west side of Washington Avenue; on the north by the extension of Sixth Street waterward; and on the east by the Outer Harbor Line. The Downtown Waterfront designation is divided into two sub-areas: Upland (DW/U) and Marine (DW/M). (Map designations precede descriptions.) DW/U Downtown Waterfront/Upland -- The area landward from the OHWM. DW/M Downtown Waterfront/Marine (Over-Water) -- The area waterward of the OHWM. (Ord. 4829, 2003) Urban Industrial The following areas are designated Industrial (map designations precede descriptions): 1-1 Thompson & Pennsylvania Avenue -- Extends east from Marguerite Avenue extended northward before it turns east to Pennsylvania Avenue extended northward, along the south shore of the Port Washington Narrows. 1-2(F) PsNs [1-2] -- Extends west from the Washington Street Ferry Terminal west of First Street to the city limits on Charleston Beach Road south of Preble Street, on the west shore of Sinclair Inlet. The entire area is within the federally owned Puget Sound Naval Shipyard (PSNS), and outside of the land use jurisdiction of the City. c. NATURAL SYSTEMS DESIGNATIONS A natural system designation is an "overlay" designation that applies in addition to the underlying environment designation. Areas designated as natural systems are subject to requirements for the underlying environment designation as well as the natural system designation. In the case of a conflict, the more restrictive requirement applies. This section contains descriptions of specific natural systems that the Bremerton Shoreline Master program is intended to protect and enhance. These systems are briefly described and some of the features of these systems which are susceptible to damage by human intervention are explained. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 7 Kitsap Lake, Kitsap Lake Wetlands, and Tracy ton Beach form an important shoreline natural system that has been identified as needing special protection from certain shoreline use activities, such as bulkheading, boat ramps, or marine railways. Kitsap Lake Kitsap Lake is located in west Bremerton and contains 238 acres. A lake can be defined broadly as a body of standing water located inland. Lakes originate in several ways. Many lakes are created each year by development, by either digging a lake basin or damming a natural valley. Natural lakes can be formed several ways: by glaciers gouging basins and melting and depositing materials in such a way as to form natural dams; by landslides which close off open ends of valleys; extinct craters which fill with water; changes in the earth's crust, as can happen during earthquakes, forming basins which fill with water; or by changes in a river or stream course which isolate parts of the old course, forming lakes called oxbow lakes. A lake, like its inhabitants, has a life span. This lifetime may be thousands of years for a large lake or just a few years for a pond. This process of a lake aging is known as eutrophication. It is a natural process which is usually accelerated by development activities. Human sewage, industrial waste, and the drainage from agricultural and other fertilized lands increase the nutrients in a lake, which in turn increase the growth of algae and other plants. As plants die, the chemical process of decomposition depletes the water's supply of oxygen necessary for fish and other animal life. These life forms then disappear from the lake, and the lake becomes a marsh or a swamp. Shallow lakes such as Kitsap Lake are extremely susceptible to increases in the rate of eutrophication resulting from discharges of waste and nutrient laden runoff waters. Temperature stratification does not normally occur in shallow lakes. Efficient bottom-to- surface circulation of water in these shallow lakes moves nutrients to the surface photosynthetic zone, encouraging increased biotic productivity. Large quantities of organic matter are produced under these conditions. Upon decomposition, heavy demands are made on the dissolved oxygen content of shallow lakes. Eventually, the oxygen level drops and some fish and other life forms die. The entire ecosystem of a lake can be altered by development. By removing the surrounding forest for lumber or to provide a building site or farm land, erosion into the lake is accelerated. Fertilizers, whether agricultural or those used by homeowners, can enter a lake either from runoff or leaching, along with other chemicals that interfere with the intricate balance of living organisms. The construction of bulkheads to control erosion and filling behind them to enlarge individual properties can rob small fish and amphibians of their habitats. The indiscriminate construction of piers, docks, and boathouses can deprive all the waterfront owners and the general public of a serene natural view and reduce the lake's usable surface. (See WAC 173-16-20.) SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 8 Kitsap Lake Wetlands The Kitsap Lake Wetlands, also known as Kitsap Bog, is a wetland area at the southern edge of Kitsap Lake, and covers approximately 31.92 acres. The wetlands are shown on U.S. Fish and Wildlife wetland inventory maps. It is generally bounded by: Kitsap Lake on the north; the centerline of the easterly unnamed small creek on the east; Harlow Drive on the southeast; West Kitsap Lake Road on the south and west; and the Washington Department of Game boat launch facility on the northwest. Most of the wetland area is within Kitsap Lake Park; part of the wetlands extend south of the park. Soils in the Kitsap Lake Wetlands are classified as Semiahmoo muck, which is a deep, poorly drained soil characterized by decaying vegetation and fibrous root masses. Marshes, swamps and other wetlands are areas which have a water table very close to the surface of the ground. They are areas which were formerly shallow water areas that gradually filled through nature's processes of sedimentation (often accelerated by development activities) and the decay of shallow water vegetation. Although considered abysmal wastelands by many, these wet areas are extremely important to the food chain. Many species of both animal and plant life depend on this wet environment for existence. Waterfowl and other birds choose these locations for nesting places. Wet areas are important as ground water recharge areas and have tremendous flood control value. The high water table and poor foundation support provided by the organic soils in these areas usually prevent development on them. The extraction of peat from wetlands is possible when it is accomplished in such a manner that the surrounding vegetation and wildlife is left undisturbed and the access roads and shorelines are returned to a natural state upon completion of the operation. The potential of wetlands to provide permanent open space in urbanizing regions is high because of the costs involved in making these areas suitable for development. Unlimited public access into them, however, may cause damage to the fragile plant and animal life residing there. Tracy ton Beach Tracy ton Beach is a stretch of land along Port Washington Narrows in east Bremerton. This beach area is contiguous with Puget and is directly affected by the tide action of the Sound. Waves, wind, tide and geological material are the principal factors that have led to the existence of the Tracy ton Beach area. The chief source of supply of beach material is the cliff area that is to the south of the beach that defines the Port Washington Narrows. This is also identified as a natural system, existing as a feeder bank. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 9 Non-Tidal Puget Sound This water body has been designated a "shoreline of state-wide significance". Requirements for uses and activities in non-tidal Puget Sound are listed in Chapter 4, "Shorelines of State-Wide Significance". D. MAPS Environments Figure 3-1 (A - D) Shoreline Environment Designations Map There is hereby made a part of this Master Program, a map which shall officially be known as the "City of Bremerton Shoreline Environment Designations" map. This map depicts the areas of the City which are under the jurisdiction of this Master Program and graphically indicates boundaries of the environment designations. Natural Systems Figure 3-2 Natural Systems Map There is also hereby made a part of this Master Program a map which shall officially be known as the "Bremerton Master Program Natural Systems" map. This map depicts the areas of the City which are designated as Natural Systems and require special management. Map Boundaries Where no specific environment designation has been applied to a water body on either the Environment or Natural System Designation maps, the adjacent upland environment designation shall apply to the water surface, water column, and bedland of the water body pursuant to number 7 below. Where different environment designations have been applied to the opposing banks of lakes, channels, or bays, the environment shall be extended to the midpoint of that water body. Where environments are divided in parallel with the shoreline, either over the wetlands or the water body, their width shall be indicated on the map as the distance to an established point. Where uncertainty or conflict occurs in the exact location of a jurisdictional Natural System, or Environment boundary line, the official map designations shall be used. Where this does not resolve the conflict, the following rules shall apply: 1. Boundaries indicated as approximately following the center lines of the streets, highways, or alleys shall be construed to follow such lines. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 10 2. Boundaries indicated as approximately following lot or fractional section lines shall be construed as following such lines. 3. Boundaries indicated as approximately following the corporate limits shall be construed as following such corporate limits. 4. Boundaries indicated as following railroad lines shall be construed to be halfway between railroad right-of-way lines. 5. Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) shall be so construed. 6. Distances not specifically indicated on the map shall be determined by the scale of the map. 7. Where physical or cultural features existing on the ground are at variance with those shown on the map or in situations which are not covered by (1) through (5) of the above, the Director of Community Development shall interpret the boundaries. 8. Where Zoning, Environment, and Natural System boundaries overlap, the most restrictive regulations shall prevail. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 11 Map 3-1 (A) East Bremerton Shoreline Environment ~ Downtown Waterfront Urban Commercial Urban Conservancy IIIIIIII Urban Industrial == Urban Residential water r------i CLI M ITS l______. [ ] Shore Drive Overlay (between brackets) ~ 0.5 - "<:>0 ~~ qrh 8~/i), o~ ~to 8 '/) ~\\)Gt;. ,t;. ~ Minor Shoreline Re-Designation Urban Commercial Extended to Boundary of Neighborhood Center Sinclair Inlet IMiles SMP ENVIRONMENT DESIGNATION & REQUIREMENTS 3-12 Map 3-1(B) West Bremerton / I I I / I I ,. - - - - - - - - - - - - - - - - ... \ , , , \ , , \ \../ Shoreline Environment ~ Downtown Waterfront Urban Commercial Urban Conservancy 11111111 Urban Industrial Port Washington Narrows Urban Residential :-----: CLIMITS l_____1 ~ - 0.5 IMiles Minor Shoreline Re-Designation Urban Conservancy Extended to Boundary of Evergreen Park, Including the Chevron Property. ~\DGt;. ....\t;."t;. ~ ~~\". ~ ~"~ ~, IIIII~ 2 111111..... :: ~ :: ~ - - ;::: ,r ;::: ~ ;:= ==- ,. -...(. .... r 'L ~.... c-I-Pa.: - -' III' ~lll ~ ~ ~:: :::..... ~ :: : : : == _ 1.11.1 -== :: : _ : :r : -: -- :::: - :-:: - : ,- ,~I"'L : -: -_ :_ 1t ~ - - :::: -: : : : ::::: : - - - -- -- - - : : : ::.,~.,,, ~ 1111 ~~ : : .,.. J ~~I. ..,. - - - - - - - - - .. .11 11- Sinclair Inlet ##/ ##/# ##/# ...,/# ..,.... .... ~'I.IIIII - - .. - ~ ~ ~I rl 'I ~II . .. ," ~.. ..' ..".... ....,.... SMP ~VrriONMENT DESIGNATION ....,...... & REQUIREMENTS 3-13 ,.. .. .. Shoreline Environment --------"""~~ ~,~~ ~,~~ ~,~~ ~\ r-----------, , \ , , i \ ~ ~ \ Map 3-1 (C) West Bremerton II \ \ \ \ , '/ , , ~ Downtown Waterfront Urban Commercial Urban Conservancy \ \ \ \ \ \ \ \ ,,/ ,,/' /' 11111111 Urban Industrial Urban Residential L____j CLIMITS ~ - 0.5 IMiles t' , , 1- - - ; - - - - i .-" - - .- - ,,' /' - I I 1- _ _ _ ~ re- I I I I 1...---7 /# , , L_____ I I I I I I I ,- --, I I 1..-__ - -, 1 I ~,~ L___ SMP ENVIRONMENT DESIG & REQUIREMENTS ~- TION , I I L---1 \~~ ~,~- I..... .--------- ! t-----------J . . I I -- - -j- --- -- ---....-..--- - ---..- -- --- -- ---- I .------ I I I I I I , , I , , ../ I . r-----I /' ~ " ............ ., I~ ..' I /' : : ,,' i : ,/ : i , I . , L _ .. _ _ _' --------- . . Union River Reservoir .-------------- I -. I______---------~ (Y) o i-- . I __J . I Ill' _ _ ..... I Sinclair Inlet I I . I /,' . .. _I- I .--_____1'/' . I I . - - - - .. - - - _I I r-- . . I I I ,,/" ../' I , -. . 1____....__..__ . ~ . /,' v r--. . . - - -....... I ,,/'" /' ---, ~ . /' ~ Map 3-1 (D) Gorst I Twin lakes I Union River Shoreline Environment ~ Downtown Waterfront Urban Commercial Urban Conservancy 11111111 Urban Industrial == Urban Residential water :-----: CLIMITS l_____. 0.6 ~ - IMiles SMP ENVIRONMENT DESIGNATION & REQUIREMENTS 3-15 FIGURE 3-2 NATURAL SYSTEMS MAP ~..~ ._( \; ,l if I J (r1J.J ~:, BREMERTON MASTER PROGRAM NATURAL SYSTEMS. ~ I ~i ~ )1.) SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 16 E. SHORELINE USES AND ACTIVITIES The Master Program regulates specific categories of uses and activities within the shoreline. These Use/Activity categories consist of specific uses or groups of similar uses which are characteristic of shoreline development. The Policies and Regulations developed for each Use/Activity category are intended to serve as the primary set of criteria for evaluating proposals for developments within the shoreline environment. All permitted uses and activities in the shoreline are subject to the special conditions and general regulations applicable to those uses. The following tables and figures outline Master Program requirements for specified Use/Activities in various Environment and Natural Systems designations. These tables and figures are intended to supplement the Use/Activity requirements in subsequent chapters. Environment-specific Regulations further control uses permitted in the Urban Commercial and Downtown Waterfront environment designations. Unidentified Uses and Activities Shoreline uses and activities not specifically identified, for which policies and regulations have not been developed, will be evaluated on a case by case basis and will be required to satisfy the goals and general development policies of the Master Program and the policy of the Shoreline Management Act. In addition, unidentified uses shall be consistent with the management policy and character of the shoreline environment in which they propose to locate, and shall require a Conditional Use Permit. Shoreline Use/Activity Summary Table 3-1 Shoreline Use/Activity Matrix The Shoreline Use/Activity Matrix on the following pages is presented as a summary of Master Program use/activity goals, policies and regulations. The matrix specifies environment designations where Use/Activities are permitted (P), permitted as a Conditional Use (CU), or prohibited altogether (X). The matrix lists the topics of various Master Program use/activity policies and regulations contained in subsequent chapters. Therefore the matrix can be used as a checklist of provisions likely to apply to a project. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 17 TABLE 3-1 SHORELINE USE/ACTIVITY MATRIX (Page 1 of 3) ENVIRONMENT DESIGNATION Cons. - Conservancy Res. - Urban Residential Comm. - Urban Commercial Dwntwn Upland - Downtown Waterfront Cons Res Comm Ind Dwntwn Dwntwn Kit. Kit. Tracy ton (Upland) Dwntwn Marine - Downtown Waterfront Upland Marine Lake Wtlnds Beach (Marine) Kitsap Lake - Kitsap Lake Kitsap Wetlnds - Kitsap Wetlands Tracy ton Beach - Tracy ton Beach I SHORELINE USE/ACTIVITY I ENVIRONMENT-SPECIFIC A7 A7 A7 GENERAL ARCHEOLOGICAL AND HISTORIC RESOURCES CU P P P P P P CU CU MARINE BLUFF REVIEW A8 A8 A8 A8 A8 NA A8 NA A8 PUBLIC ACCESS A8 A8 A8 A8 A8 A8 A8 A8 A8 SIGNS: - On Premises P P P P P P X CU CU ------------------- - - -- ---- ------ ---- ------ ------ ....----- ----- ------ - Off Premises (outdoor advertising) X X X X X X X X X VIEW PROTECTION A8 A8 A8 A8 A8 A8 A8 A8 A8 SHORELINE USES AGRICUL TURE CU P X CU X NA NA CU NA AQUACUL TURE CU CU CU CU CU CU CU NA CU COMMERCIAL: - Landward of OHWM X X P1 p1 p1 NA NA X X ------------------- - - -- ---- ------ ---- ------ ------ ~----- ----- ------ - Waterward of OHWM X X X X NA CU1 X X X FOREST PRACTICES P P P P NA NA NA CU NA INDUSTRIAL: - Landward of OHWM X X CU4 p4 p4 NA NA X NA ------------------- - - -- ---- ------ ---- ------ ------ ~----- ----- ------ - Waterward of OHWM X X CU5 CU NA CU5 X X X 5 MARl NAS X CU P P P P CU X CU MINING X X CU CU X X X X X RECREATIONAL CU P P P P P P CU CU RESIDENTIAL: - Landward of OHWM X P P P P NA NA X NA P = PERMITTED · X = PROHIBITED · A = AS APPLICABLE · NA = NOT APPLICABLE CUP = PERMITTED SUBJECT TO OBTAINING SHORELINE CONDITIONAL USE PERMIT (CUP) SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 TABLE 3-1 SHORELINE USE/ACTIVITY MATRIX (Page 2 of 3) ENVIRONMENT DESIGNATION Cons. - Conservancy Res. - Urban Residential Comm. - Urban Commercial Dwntwn Upland - Downtown Waterfront Cons Res Comm Ind Dwntwn Dwntwn Kit. Kit. Tracy ton (Upland) Dwntwn Marine - Downtown Waterfront Upland Marine Lake Wtlnds Beach (Marine) Kit. Lake - Kitsap Lake Kit. Wetlnds - Kitsap Wetlands Tracy ton Beach - Tracy ton Beach SHORELINE USE/ACTIVITY RESIDENTIAL: X X X X X X X X X - Waterward of OHWM6 ROADS, RAILWAYS AND BRIDGES CU CU P P P P CU CU CU SOLID WASTE DISPOSAL X X X X X X X X X UTILITIES CU P P P P P CU CU CU WATER ACCESS AND MOORAGE: - Boat Launch Ramps CU CU P P P P CU X CU -------------------- ----- - - -- ----- - - -- ------ ------ ~--- ----- ------ - Marine Railways CU CU CU P P P CU X CU -------------------- ----- - - -- ----- - - -- ------ ------ ~--- ----- ------ - Mooring Buoys P P P P NA P P NA P -------------------- ----- - - -- ------ ------ ~--- ----- ------ - Piers & Docks CU p9 P P P P CU CU CU -------------------- ----- - - -- ----- - - -- ------ ------ ~--- ----- ------ - Recreational Floats CU P P P NA P CU NA P SHORE MODIFICATION BEACH ENHANCEMENT CU CU CU CU CU CU CU CU CU BREAKWATERS, JETTIES, ROCK WEIRS, GROINS CU CU CU CU NA CU X NA X BULKHEADS, SEAWALLS CU P P P P P CU X CU CLEARING CU P P P P NA NA CU NA DREDGING CU2 CU CU CU NA P CU X CU GRADING & DRAINAGE P P P P P NA NA CU CU FLOOD MANAGEMENT S S S S S S S S S LANDFILL: - Landward of OHWM CU P P P P NA NA X NA -------------------- ----- ----- ------ ------ ~--- ----- ------ - Waterward of OHWM X CU3 CU3 CU3 NA CU3 CU3 X X REVETMENTS CU P P P P P CU CU CU P = PERMITTED · X = PROHIBITED · A = AS APPLICABLE · NA = NOT APPLICABLE CUP = PERMITTED SUBJECT TO OBTAINING SHORELINE CONDITIONAL USE PERMIT (CUP) SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 19 TABLE 3-1 SHORELINE USE/ACTIVITY MATRIX (Page 3 of 3) I KEY I REQUIREMENT I P Use/Activity is permitted in the Environment, subject to regulatory controls in appropriate Use/Activity section. CU Use/Activity is permitted in the Environment, subject to obtaining a Shorelines Conditional Use Permit (CUP). X Use/Activity is prohibited in the Environment. A As applicable. NA Use/Activity is not applicable to the Environment. 1 See Commercial Development Policies and Regulations for list of specific commercial uses permitted (Chapter 4). 2 Permitted for "public" purposes only. 3 Permitted for water-dependent and public uses only. 4 Permitted for water-dependent and water-related uses only. 5 Permitted for water-dependent uses only. 6 Does not include residential uses in marinas. 7 See Environment-Specific Regulations (Chapter 3). 8 See General Requirements (Chapter 4). 9 Piers and docks are prohibited in the channel between Ostrich Bay and Oyster Bay as depicted in Figure 3-5. (Ord. 4634, 1999) SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 20 F. ENVIRONMENT-SPECIFIC REGULATIONS Urban Commercial Environment 1. Urban Commercial Environments Landward of High Bluffs (As indicated on Shoreline Environment Designation Maps): a. Permitted: Water-dependent uses; water-related uses. b. Permitted subject to Conditional Use Permit: Non-water-oriented commercial uses. 2. Other Urban Commercial Environments: a. Permitted: Water-dependent uses; water-related uses. b. Permitted subject to Conditional Use Permit: Water-enjoyment uses.2 c. Prohibited: Over-water non-water-oriented commercial structures. (This does not include marine or public access uses.) Downtown Waterfront Environment 1. Downtown Waterfront Environment: Public access shall be provided in accordance with Chapter 20.76 BMC. (Ord 4829, 2003) 2. Downtown Waterfront/Upland: a. Permitted: Water-dependent uses; water-related uses; water-enjoyment uses, as defined herein, which may include museums, restaurants, and mixed-use commercial. b. Permitted Subject to Conditional Use Permit: Commercial parking lots, consistent with the following criteria: 1) The parking lot is designed and managed for use by visitors and patrons of uses within the downtown waterfront, and not available for employee parking. 2) Parking stalls and drives are set back at least 25 feet from the OHWM. 3) The site plan features significant amenities and access to the shoreline. 2Since they are not specifically prohibited, non-water-oriented uses may also be permitted by CUP where not over the water. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 21 4) The permit shall expire unless renewed every five (5) years. 3. Downtown Waterfront/Marine Environment: a. Permitted: Water-dependent uses; water-related uses. b. Permitted subject to Conditional Use Permit: Over-water restaurants; aquariums; floating maritime museums (e.g. ships open to the public for tours); other water- enjoyment uses, as defined herein: PROVIDED, Approval of such uses is contingent upon compliance with the following criteria: 1) The use provides an opportunity for a substantial number of people to enjoy the waterfront area. For restaurants and aquariums, access to and on the seawardside of the structure shall be provided for patrons and the public. 2) Large ships open to the public for tours should be located north of Burwell Street, to prevent degradation of views from the downtown business core. 3) Restaurants and aquariums shall not exceed seventy-five (75) feet in width, and not exceed twenty-five (25) feet in height, measured from the Ordinary High Water Mark (OHWM). 4) All structures shall be designed to be attractive and unobtrusive. 5) The structures shall be built on pilings or float. Landfill waterward of the OHWM is not allowed. 6) The use is compatible with water-dependent uses of the area. Evaluation of compatibility will consider: a) Demands for the site by water-dependent uses (e.g. ferry terminal, foot ferry, shipyard); b) The effect on the usefulness of adjacent areas for water-dependent uses; c) The probability of attracting additional desirable water-dependent or undesirable non-water-dependent uses; d) Subsidies or other help offered by the developer to support nearby water- dependent uses. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 22 Oyster Bay Channel Piers and docks are prohibited in the channel between Ostrich Bay and Oyster Bay as depicted in Figure 3-3. (Ord. 4634, 1999; Ord. 4976, 2006) Development Standards The matrix and illustrations which follow outline Master Program development standards for various Environment and Natural System designations. These figures are intended to supplement the Use/Activity requirements in subsequent chapters. Table 3-2 Site Development Standards The Site Development Standards matrix (Table 3-2) summarizes development standards for structures located within each environment designation. The intent of these requirements is to provide limited view protection for nearby public and private areas and to help protect the shoreline environment. Shoreline setback requirements for how far structures must be removed from the Ordinary High Water Mark (OHWM) are contained in the Critical Areas Ordinance, BMC Chapter 20.14.730, Wildlife Habitat Conservation Areas, and Appendix F attached hereto. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 23 TABLE 3-2 SITE DEVELOPMENT STANDARDS (Page 1 of 3) ENVIRONMENT DESIGNATION VIEW CORRIDOR 1 HEIGHT 2,3 URBAN CONSERVANCY Utility Lands 5 25,2 ---------------------------- --------------- ------------------- Other 600/0 25,2 ---------------------------- --------------- ------------------- Over-Water 8 NA 10,4 RESIDENTIAL Detached Dwelling Unit NA 11 25,2 ---------------------------- --------------- ------------------- Attached or Stacked NA 11 25,2 Dwelling Units ---------------------------- --------------- ------------------- Over-Water 8 NA 15,4 COMMERCIAL Water-Dependent 1 35,2 ---------------------------- --------------- ------------------- Water-Related 1 35,2 ---------------------------- --------------- ------------------- Water-Enjoyment 1 35,2 ---------------------------- --------------- ------------------- Non-Water-Oriented 1 35,2 ---------------------------- --------------- ------------------- Over-Water 8 NA 35,4 DOWNTOWN WATERFRONT 6 6 INDUSTRIAL Water-Dependent 5 35,2 ---------------------------- --------------- ------------------- Water-Related 5 35,2 ---------------------------- --------------- ------------------- Over-Water 9 NA 35,4 NATURAL SYSTEMS Kitsap Lake NA NA ---------------------------- --------------- ~---------------- Kitsap Lake Wetlands (Upland) CUP9 CUp9 ---------------------------- --------------- ~---------------- Tracy ton Beach (Marine) NA NA CUP = SUBJECT TO CONDITIONAL USE PERMIT · NA = NOT APPLICABLE Shoreline Setbacks are pursuant to the Bremerton Critical Areas Ordinance BMC Chapter 20.14. (See Appendix F) SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 24 TABLE 3-2 SITE DEVELOPMENT STANDARDS (Page 2 of 3) I KEY I REQUIREMENT I 1 View Corridor -- A view corridor shall be maintained across a minimum of twenty-five percent (250/0) of the average parcel width.. a.The corridor must have a width not less than 10 feet to count towards the requirement. b.Structures, parking areas and landscaping may be allowed within the corridor, provided that they do not impair existing water views from the nearest public street landward of the site nor from adjoining uses. 1 )"Adjoining uses" are uses on property that touches or is directly across a street from the subject property. 2)The applicant shall obtain signatures of all adjoining property owners who do not object to the proposal in order to verify that a proposal will not impair adjoining water views. c. A designated Improved Public Access may substitute for the view corridor where it can be demonstrated that the Public Access will provide equal or greater public views and access to the shoreline, and that provision of the 250/0 view corridor is not feasible. c.EXCEPTIONS may be permitted by Conditional Use Permit. 2 Height -- Structure height may be increased to designated zoning district height limit if the increase: a. Does not impair views of the water from residential properties upland of the nearest public street landward of the site; b.Or: The increase is offset by providing a designated General Public Access per SMP Chapter 4, which provides equal or greater views of the Shoreline. 3 Height landward of OHWM -- Maximum height above Average Grade level, unless otherwise specified. 4 Height Waterward of OHWM -- Maximum height above Extreme High Water (EHW) [15.4 ft. elevation along the Bremerton shoreline]. 5 View Corridor Exception -- No Shoreline Master Program requirement; Zoning Ordinance, or other applicable land use regulations apply. (Ord. 4829, 2003) 6 Downtown Waterfront - HeightlView Corridor Height a. Maximum structure height shall be as provided in BMC Figure 20.74(a) of the Bremerton Zoning Code.. View Corridor a. A view corridor shall be provided and maintained across a minimum of 200/0 of the average site width regardless of structure height and shall be subject to the provisions of 2 a. - c. above. b. In lieu of providing a view corridor as specified in a., the applicant may choose either of the following means to enhance shoreline view access: SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 25 KEY REQUIREMENT 1) provide physical public access on the shoreline side of the site equal in area to the amount of site that otherwise would be set aside for a view corridor in a.; this physical access shall be provided as waterfront open space, terraces, decks, or similar access features open to the public at all times; or 2) pay a public access acquisition fee to any dedicated account established by the City for the sole purpose of acquiring and/or enhancing physical and/or visual shoreline access in the DW Zone through easement or fee simple title, the amount equal to 500/0 of the assessed value of the site area that otherwise would be set aside for a view corridor in a. above; if this fee is not used to acquire and/or enhance physical and/or visual shoreline access within 10 years, it shall be refunded to the property owner; or c. Any combination of a, b(1) and b(2) may be utilized to satisfy the view corridor requirements set forth herein. (Ord. 4829,2003) 7 Over-Water Environments -- No structures, other than moorage structures or public access piers, may be waterward of the OHWM. 8 Over-Water Industrial Environments -- No structures, other than moorage structures, public access piers, or industrial water-dependent structures, may be waterward of the OHWM. 9 Kitsap lake Wetlands -- To be determined as a condition of approval of Shoreline Conditional Use Permit (CUP). 10 Shoreline Access -- Open space in the form of landscaping, walkways, terraces, restaurant decks, and similar features accessible to the public that enhance public enjoyment of the shoreline environment is allowed as a permitted use within the shoreline setback area provided the standards of the Critical Areas Ordinance, BMC Chapter 20.04 are met. To enhance access by the public to the shoreline environment, parking is allowed as a permitted use within the setback area when ancillary to a primary use, accessible to the general public, concealed from shoreline views, and contained within the support structure of open space features. (Ord. 4829, 2003) 11 Shore Drive Overlay -In the Shore Drive Overlay area, an unobstructed view corridor of not less than fifteen (15) feet in width shall be provided above a height of fifteen (15) feet as measured from the grade of Lower Shore Drive. The intent of this provision is to protect scenic views as experienced from Upper Shore Drive. The fifteen foot view corridor must be oriented to provide a vista of the water as seen from Upper Shore Drive, and shall be in one continuous location. CUP Conditional Use Permit -- Permitted subject to approval of Conditional Use Permit. NA Not Applicable. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 26 Figure 3-3 Oyster Bay I Ostrich Bay Channel Dock Restrictions Zone ~ ctI QJ ..c: (.) .~ ~ CI) o Docks and piers prohibited. Docks and piers limited to 100 feet extension into water, measured from and perpendicular to the OHWM. Indicated parcels subject to water access and moorage regulation 10 prohibiting or I imiting docks and piers in the channel between Ostrich Bay and Oyster Bay. + 150 c=J Feet - Oyster Bay SMP Environment Designations & Require ents 3 - 27 Chapter 4 GENERAL POLICIES & REGULATIONS General Requirements are provisions that apply to all environments, uses or activities. They are to be used as applicable in conjunction with the more specific use and activity regulations found in the following chapters. This chapter is broken up into several different topics. Each topic begins with a description of its applicability, followed by goals, policies, and regulations. The topic headings are arranged alphabetically. . ARCHEOLOGICAL AND HISTORIC RESOURCES ................ 4-2 . MARINE BLUFF REVIEW......................................................... 4-4 . PUB L I C A C C E S S ...................................................................... 4- 7 . S I G N S ...................................................................................... 4-1 5 . SHORELINES OF STA TE-WIDE SIGNIFICANCE ................. 4-18 . VIE W PRO T E C T ION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4- 21 ARCHEOLOGICAL AND HISTORIC RESOURCES Applicability Archeological areas and historic sites: Include, but are not limited to, ancient villages, military forts, old settlers homes, ghost towns, and any other sites or areas which provide an educational link to the past. Goal Preserve archeological and historical sites which are of public and scientific interest. Policies 1. Identify and protect areas of special significance for enjoyment by the public. 2. Scientific research sites should be managed in a manner which allows their continued use for study and analysis. 3. Substantial development permits will contain provisions which require developers to notify local governments if any possible archeological data are uncovered during excavations. 4. Consideration should be given to the National Historic Preservation Act of 1966 and Chapter 43.51, RCW, which provide for protection, rehabilitation, restoration, and reconstruction of districts, sites, buildings, structures, and objects significant in history, architecture, archeology or culture; also see RCW 27.53, which makes it unlawful to disturb any archeological site without permission. 5. Work with the Suquamish Tribe and other applicable Tribes prior to construction in cases where archeological resources are present, and coordinate with the Tribe in cases of inadvertent discovery. Regulations 1. The following conditions shall be applied to any activity if it is discovered that archeological artifacts or data are found: a. The developer or owner shall immediately notify the Director of Community Development of any archeological artifacts or data found; b. Development shall not commence for a period of five (5) working days after notifying the Director of Community Development, to provide the opportunity for a site inspection or evaluation; and SMP GENERAL POLICIS & REGULATIONS 4 - 2 c. The Director of Community Development shall contact the Director of the Washington State Parks and Recreation Commission, which is responsible for the National Historic Preservation Act of 1966. 2. Identified historical or archaeological resources shall be addressed in park, open space, public access, and site planning. Access to such areas shall be designed and managed so as to give maximum protection to the resource and surrounding environment. 3. Clear interpretation of historical and archaeological features and of natural areas shall be provided when appropriate. SMP GENERAL POLICIS & REGULATIONS 4 - 3 MARINE BLUFF REVIEW Applicability Any activity adjacent to a Geologically Hazardous Area at the shoreline as classified per the Critical Areas Ordinance (CAO), BMC Chapter 20.14, which requires a City permit or approval, is subject to a special review to assure that any new activity on the bluff will not result in erosion or add to unstable bluff conditions that might cause damage to marine resources. This review is required whenthe activity is within 200 feet of a marine bluff that has been classified as a moderate or high geologically hazardous area as classified per BMC Chapter 20.14. Regulations 1. If the proposed activity will require review all standards of the Critical Areas Ordiannce, Chapter 20.14 must be met. 2. If it is determined that the proposed activity will affect surface or ground water or create bluff erosion, the development shall comply with the following general standards and all provisions of the CAO Geologically Hazardous Areas section, BMC 20.14.600 - 20.14.660 and Appendix A: a. Construction activity may not increase or result in or increase slope instability, sloughing or erosion. b. Minimum tree clearing and vegetation removal will be allowed. c. Foundations and septic systems will be placed below or out of the 2: 1 slope area (run to rise measured from the toe of the bluff), unless a soil engineer report indicates that slope stability will not be affected. d. Surface drainage down the face of the bluff must be contained in a closed, non-leaking container for discharge at the shoreline in such a way that erosion will not occur (i.e. utilizing an energy dissipating device at the shoreline discharge point). e. Surface drainage away from the bluff must be contained in a closed, non- leaking container for discharge into a storm drainage system or natural drainage course. SMP GENERAL POLICIS & REGULATIONS 4 - 4 f. Stormwater retention systems will be discouraged unless designed by a licensed civil engineer, and a soil or geology engineering report verifies that slope stability will not be affected. 3. Following marine bluff review, the City may in addition to its other minimum required development standards, prescribe more restrictive: setbacks; lot area coverage requirements; size of lots and development sites; height limits; density limits; restoration of ground cover and bluff vegetation; and/or other measures for marine bluff protection. SMP GENERAL POLICIS & REGULATIONS 4 - 5 PUBLIC ACCESS Applicability Shoreline public access: The physical ability of the general public to reach and touch the water's edge and/or the ability to have a view of the water and the shoreline from upland locations. There are a variety of types of public access including picnic areas, pathways and trails (including handicapped), floats and docks, promenades, viewing towers, bridges, boat launches, street ends, ingress and egress, parking and others. Public access should include, where appropriate, activities ranging from camping and shellfish harvesting to the appreciation of a simple water view. Access can be to and from the uplands adjacent to the shoreline, to tidelands, beaches, stream corridors and to the water itself. While public access is most frequently gained over public land, it can also be a mitigating component in a development on private land. In such cases, the public may gain some form of access to or near the shoreline, while the developer is able to complete a project that otherwise may have unacceptable impacts on public views of, access to, and use of the shoreline and water. This right of access is most often obtained as a condition of development approval in the form of a public access easement. Public access could also be conveyed in fee simple (transfer of title). Public access may also be achieved by developers contributing to the cooperative development of public properties such as street rig hts-of -way. An overall strategy for providing public access to shorelines is contained in the Shoreline Public Access Appendix G, attached hereto. Goals Protect and enhance the rights of the general public to enjoy the physical and aesthetic qualities of the shoreline, while allowing controlled development consistent with the public interest. . Plan, provide and maintain a comprehensive system of public access, designed to provide safe, abundant access to shoreline recreational areas, while preventing trespass onto private properties. . Encourage water-oriented shoreline uses and activities that provide an opportunity for substantial numbers of the public to enjoy city shorelines. SMP GENERAL POLICIS & REGULATIONS 4 - 6 Policies 1. Incorporate public access into all private and public developments (including land division), with the exception of: small single-family development; small multi-family development; agricultural/ranching activities; and where deemed inappropriate due to health or safety hazards, security requirements, environmental impacts, or undue conflict with adjacent uses. 2. Create incentives for developers to provide viewpoints, pathway sections, and view corridors between buildings, over and above minimum requirements. 3. Control development, uses and activities on or near the shoreline so as not to impair or detract from the public's visual and physical access to the water. 4. Preserve and enhance public views from the shoreline and upland areas. Enhancement of views will not be construed to mean excessive removal of vegetation that partially impairs views or creation of a view not previously existing. 5. Limit publicly-owned shorelines to water-dependent uses, public recreational uses, or protected open space. 6. Maintain, enhance, and preserve public access afforded by shoreline street-ends, public utilities and rights-of-way. 7. Design public access to include: a. Public access as close as possible to the water's edge. b. Protection of sensitive shoreline areas such as wetlands and unstable bluffs; incorporate erosion control and wildlife habitat protection measures. c. Naturally regenerating systems for prevention and control of beach erosion, such as gravel berms, drift sills, beach nourishment, and beach enhancement where appropriate. d. Provisions for public safety and ease of maintenance; e. Clear separation of public and private space by physical or other means in order to avoid unnecessary user conflict. This separation can be achieved by adequate space and through effective screening, such as with landscape plantings or fences. f. Adequate space and features to make the access area a comfortable and safe place to visit. The public space should be of sufficient size to allow passage and allow visitors to stop, linger, and contemplate the setting. It should be designed so that visitors will feel safe from such things as industrial activities, biting dogs and irate homeowners. SMP GENERAL POLICIS & REGULATIONS 4 - 7 g. Features consistent with the Bremerton Shoreline Access Appendix as Updated in 2006, where applicable. 8. Link public access points with pathway systems for pedestrians and bicyclists. Provide linkages between pathway systems, public transit routes, and activity centers. 9. Separate bicycle from pedestrian traffic. Strategically place bicycle parking racks to encourage separation of bicyclists and pedestrians. 10. Require landowners to keep public access facilities on private land maintained up to code standards to limit public liability.1 Regulations 1. Public Access Requirement: Provisions for adequate public access shall be incorporated into all shoreline developments except as provided below. Exceptions: a. A residential project containing four (4) or less dwelling units; b. A subdivision containing four (4) or less lots; c. A "minor project". 2. Payment in Lieu of Public Access: When public access is required, the City may authorize a payment in lieu of such public access, as follows: a. Criteria for Eligibility: To qualify to make payment in lieu of providing public access, the applicant shall demonstrate that: I. All reasonable alternatives have been exhausted, including but not limited to: (1) Providing "limited public access" to protect the public health, safety or welfare or protect and maintain the particular site; (2) Designing separation of uses and activities, (e.g. fences, terracing, use of one-way glazings, hedges, landscaping, etc.) to provide security for and protect adjacent sites from unreasonable intrusions into their privacy; and lRCW 4.24.220-210 limits the liability of landowners for recreational users, providing a fee is not charged, in order to protect landowners who allow public recreational use of their lands. SMP GENERAL POLICIS & REGULATIONS 4 - 8 (3) Provisions for access at a site geographically separated from the proposal such as a street end, vista or trail system; and II. One or more of the following provisions apply: (1) Unavoidable health or safety hazards to the public exist which cannot be prevented by any practical means; (2) Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other reasonable solutions; (3) Unacceptable environmental harm will result from the public access that cannot be mitigated; or (4) Significant undue and unavoidable conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated. b. Public Access Payment: Where the above conditions are met, a payment in lieu of providing public access shall be made in accordance with RCW 82.02.020.2 Such payments shall be deposited into a general shoreline public access fund and dedicated to support established areas or to acquire extensions to the public access system in the near vicinity of the project site. 3. General Public Access: Where "public access" is required for certain use activities, such access shall consist of the following: a. Visual public access; b. Easement: A public access easement along the water's edge. (See "Public Access Easement" below); and c. Within Adopted Waterfront Access "Link" Plan Area:3 An upland sidewalk and/or pathway connecting existing or proposed water access areas where specified by the Plan, including appropriate trees, signs and street furnishings. 2Revised Code of Washington, Excise Tax regulations: provisions and limitations for voluntary payments by developers. 3A "Link One" plan for the area between the downtown and the college was adopted in 1990, and Updated as the Shoreline Public Access Appendix G in 2006. SMP GENERAL POLICIS & REGULATIONS 4 - 9 4. Improved Public Access: Where "improved public access" is required for certain use activities, such access shall include: a. Dedication to the City of a public pedestrian access easement. (Also see "Public Access Easement" below.) b. Construction of a hard surface walkway (gravel is not acceptable), elevated where feasible to preserve and enhance habitat. Minimum width unless otherwise specified: Five (5) feet. c. The entire dedicated area shall be: I. Attractively landscaped, preserving and enhancing native vegetation where feasible, and maintained by the property owner; and II. Connected to adjacent future or existing walkways, or a nearby public street. d. Specific design of the walkway, landscaping, and signs shall be agreed to by the City and developer before the development is approved. e. In areas where there is a bluff or steep slope to the shoreline, the access may be located either at the water's edge, along the slope, or on top of the bluff or slope as long as it will connect with existing or planned access on adjacent properties. f. The City may approve the construction of a boardwalk over water (waterward of OHWM), instead of an improved walkway across the shoreline edge of the property. I. Minimum width: (1) Downtown Waterfront designations: Twelve (12) feet. (2) Other Designations: Five (5) feet. II. The walkway shall be connected to existing or proposed access points on each side of the property. III. The walkway shall be paid for and maintained by the property owner. g. Any variance from this improved public access provision must be approved by the City Council. SMP GENERAL POLICIS & REGULATIONS 4 - 10 5. Public Access Easement: a. Size and Design: When required, public access easements along shorelines shall be of a size and design appropriate to the site, size and general nature of the proposed development. Minimum Width (unless otherwise specified in an adopted City plan): I. Waterward of the Ordinary High Water Mark (OHWM): Thirty (30) feet. II. Landward of the OHWM: A minimum width necessary to accommodate accessways which will not damage bluffs, stream banks, or other shoreline features, but no less than twelve (12) feet. III. Connecting nearest right-of-way and shoreline easement: Ten (10) feet. IV. Minimum Width Exception: When the applicant demonstrates that undue hardship would result from minimum width standards, easement width may be reduced only to the minimum extent necessary to relieve the hardship. b. Recording: Public access easements and permit conditions shall be recorded on the deed of title and/or on the face of a plat or short plat as a condition running contemporaneous with the authorized land use, as a minimum. Said recording with the Kitsap County Auditor's Office shall occur at the time of permit approval. (RCW 58.17.110) 6. Design and Operation: a. Development uses and activities shall be designed and operated to avoid blocking, reducing, or adversely interfering with the public's visual or physical access to the water and shorelines where feasible. b. Public access sites shall be connected directly to the nearest public street (or as otherwise provided by the adopted Waterfront Access Plan) c. Development uses and activities shall include features consistent with the adopted Waterfront Access Plan. d. Public access shall be made barrier free for the physically disabled where feasible. e. The entire dedicated area shall be open to public access from at least 10:00 a.m. to dusk (one-half hour after sunset) each day. SMP GENERAL POLICIS & REGULATIONS 4 - 11 7. Signs: a. The standard state approved logo or other approved signs that indicate the public's right of access and hours of access shall be constructed, installed and maintained by the property owner in conspicuous locations at public access sites. b. Signs may control or restrict public access as a condition of permit approval, in accordance with regulation 2.a.(1). 8. Occupancy: Required public access sites shall be fully developed and available for public use at the time of occupancy of the use or activity. 9. Future Actions: Future actions by the applicant or other parties shall not diminish the usefulness or value of the public access provided. Summary of Public Access Requirements Table 4-1 summarizes Master Program public access requirements. The actual requirements are included in sections regulating the uses and activities listed below. TABLE 4-1 PUBLIC ACCESS REQUIREMENTS (Page 1 of 2) USE ACTIVITY GENERAL IMPROVED PUBLIC ACCESS REQUIREMENTS PUBLIC PUBLIC (SUMMARY) ACCESS ACCESS AQUACUL TURE F 1. Provide access or benefit to the public if feasible. ARCHEOLOGICAL & F F 1. Provide as required for associated use. HISTORIC 2. Design and manage to give maximum RESOURCES protection to resource. COMMERCIAL USES R R 1. Downtown Waterfront: In accordance with Chapter 20.76 BMC. (Ord. 4829, 2003) FOREST F 1. Provide along Shorelines of State-wide MANAGEMENT USES Significance: a. Roadside scenic view pullovers; b. Shoulder parking and pedestrian access to streams; LANDFILL * * 1. Provide as required for associated use. SMP GENERAL POLICIS & REGULATIONS 4 - 12 TABLE 4-1 PUBLIC ACCESS REQUIREMENTS (Page 2 of 2) USE ACTIVITY GENERAL IMPROVED PUBLIC ACCESS REQUIREMENTS PUBLIC PUBLIC (SUMMARY) ACCESS ACCESS MARINAS R F 1. Provide along top of breakwater where feasible. MINING F F 1. Provide safe visual access when physical access not feasible. RECREATION USES R R 1. Motorized vehicular access to beaches, bars, spits and streambeds limited to boat launching and maintenance activities. 2. All-terrain and off-road vehicles permitted only where specific areas are set aside and controlled, and only when demand is sufficient to warrant such activity. 3. Golf courses: Provide public access for dispersed passive recreation. INDUSTRY USES R R 1. Provide visual and/or physical public access whenever feasible and safe. RESIDENTIAL USES R R 1. Exceptions: Multi-family developments, subdivisions, and planned unit developments of four (4) or less waterfront lots/units. TRANSPORTATION * * 1. Public Roads with Scenic Vistas: USES a. Viewpoint areas; b. Provisions for safe pedestrian and non- motorized vehicular travel through scenic corridors. SHORE * * 1. Provide as required for associated use. MODIFICATION 2. Dikes and Levees: Provide linear public access ACTIVITIES when in public interest. Improved public access is preferred. 3. Breakwaters, Jetties, & Groins: Provide where feasible and safely compatible. 4. Bulkheads at public access sites: Provide for safe access to the water. UTILITIES R R 1. Provide for compatible multiple use of sites and rights-of-way, including physical and/or visual access points and trail systems. WATER ACCESS AND * * 1. Provide as required for associated use, MOORAGE consistent with scale of project. SMP GENERAL REQUIREMENTS 4 - 13 KEY: TABLE 4-1 PUBLIC ACCESS REQUIREMENTS (Page 2 of 2) R = Required F = Required Where Feasible = Special Requirements as Summarized * SMP GENERAL REQUIREMENTS 4 - 14 SIGNS Applicability Sign: An identification, description, illustration, or device which is affixed to or represented, directly or indirectly, upon a building, a structure, land, or vegetation, and which directs attention to a product, place, activity, person, institution, or business. Outdoor advertising sign: A sign which directs attention to other than the premise where such sign is located. On-premise sign: A sign which directs attention to the premise where such sign is located. Goal Encourage the use of signs where they are needed in a manner which does not visually detract from the shoreline or interfere with visual or physical access to the shoreline. Policies 1. Design and locate signs so as not to block or otherwise interfere with visual access to the water or shorelands. 2. Sign design should be subdued and of minimum size, depending on the speed and distance at which it is viewed. 3. The number of signs on the shoreline should be minimized. Joint sign facilities should be encouraged when possible. 4. Off-premise outdoor advertising signs and billboards should not be considered as an appropriate use of the shoreline. Regulations 1. Sign Approval: a. Sign plans and designs shall be submitted for review and approval at the time of shoreline permit approval. b. Signs proposed to be added to developments subsequent to permit approval shall be reviewed and approved by the City to ensure conformance with program standards. SMP GENERAL REQUIREMENTS 4 - 15 2. Prohibited Signs: a. Signs that impair visual access from required view corridors to the water or shorelands. b. Off-premises detached outdoor advertising signs. c. Spinners, streamers, pennants, flashing lights, and other animated signs used for commercial purposes; EXCEPT: highway and railroad signs. d. Signs placed on trees or other natural features. e. Commercial signs for products, services or facilities located off site. 3. Exceptions: The following types of signs shall be permitted without regard to the Shoreline Use/Activity Matrix (Table 3-1): a. Public informational signs directly relating to local shoreline use activity; b. Temporary directional signs to public or semi-public events. Such signs shall be removed within seven (7) days following the event; c. Highway and railroad signs necessary for direction, safety or public information. 4. On-Premise Signs: a. On-premise signs shall consist of one (1) sign, lighted or unlighted, having an area of not greater than thirty-two (32) square feet in size: PROVIDED, businesses having both land and water access may have one (1) such sign facing landward and one facing waterward. On-premise freestanding signs shall not exceed five (5) feet in height. b. All on-premise signs shall be constructed on existing buildings, where feasible. 5. Visual Access to Water: Where there is some visual access to the water, signs shall be placed on the upland side of the street where feasible. SMP GENERAL REQUIREMENTS 4 - 16 6. High Bluff Exception: In Commercial designations that are isolated from the shoreline by a high bluff, the above sign restrictions and sign prohibitions may be waived by the Director of Community Development if it can be demonstrated that views will not be substantially obstructed and that the signs will not be visible from the water. 7. Nonconforming Signs: Any outdoor advertising that does not comply with the policies and regulations of this Master Program shall be modified to comply or be removed within two (2) years of the adoption of this standard. 8. Sign Removal: When a business moves or ceases operation, the owner shall remove all signs and outdoor advertising. SMP GENERAL REQUIREMENTS 4 - 17 SHORELINES OF STATE-WIDE SIGNIFICANCE Applicability The Shoreline Management Act of 1971 designated certain shoreline areas as "shorelines of state-wide significance". Shorelines thus designated are important to the entire state. Because these shorelines are major resources from which all people in the state derive benefit, this Master Program gives preference to uses which favor public and long-range goals. In the City of Bremerton, Puget Sound, exclusive of tidelands, is a shoreline of statewide significance. Accordingly, this Master Program shall give preference to uses which meet the principles outlined below in order of preference. Guidelines for implementation follow each principle. Principles Recognize and Protect the State-wide Interest Over Local Interest Development Guidelines: 1. Solicit comments and opinions from groups and individuals representing state-wide interests by circulating the Master Program, Master Program amendments and requests for substantial development permits on shorelines of state-wide significance to state agencies, adjacent jurisdictions, citizens' advisory committees, local officials, and state-wide interest groups. 2. Recognize and take into account state agencies' policies, programs, and recommendations in developing and administering use regulations. 3. Solicit comments, opinions, and advice from individuals with expertise in ecology, oceanography, geology, aquaculture, and other scientific fields pertinent to shoreline management. Preserve the Natural Character of the Shoreline Development Guidelines: 1. Designate and administer shoreline environments and use regulations to minimize man-made intrusions on shorelines. 2. Upgrade and re-develop those areas where intensive development already exists, in order to reduce their adverse impact on the environment and to accommodate future growth rather than allowing high intensity uses to extend into low intensity use or underdeveloped areas. SMP GENERAL REQUIREMENTS 4 - 18 Result in Long-Term over Short-Term Benefit Development Guidelines: 1. Preserve the shorelines for future generations. For example, actions that would convert resources into irreversible uses or detrimentally alter natural conditions characteristic of shorelines of state-wide significance should be severely limited. 2. Evaluate the short-term economic gain or convenience of developments in relationship to long-term and potentially costly impairments to the natural environment. 3. Actively promote aesthetic considerations when contemplating new development, re-development of existing facilities or for the general enhancement of shoreline areas. Protect the Resources and Ecology of the Shorelines Development Guidelines: 1. Leave undeveloped those areas which contain a unique or fragile resource. 2. Prevent erosion and sedimentation that would alter the natural function of the water system. In areas where erosion and sediment control practices will not be effective, excavations or other activities which increase erosion are to be severely limited. 3. Restrict or prohibit public access onto areas which cannot be maintained in a natural condition under human uses. Increase Public Access to Publicly Owned Areas of the Shorelines Development Guidelines: 1. Give priority to developing paths and trails to shoreline areas, linear access along the shorelines, and to developing upland parking. 2. Locate development inland from the ordinary high water mark so that access is enhanced. Increase Recreational Opportunities for the Public on the Shorelines Development Guidelines: 1. Plan for and encourage development of facilities for recreational use of the shorelines. 2. Reserve areas for lodging and related facilities on uplands well away from the shorelines with provisions for non-motorized access to the shorelines. SMP GENERAL REQUIREMENTS 4 - 19 VIEW PROTECTION Applicability The protection of "scenic vistas" within the shorelines and water bodies is an important objective of the Shoreline Management Act: In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. (RCW 90.58.020) No permit shall be issued pursuant to this chapter for any new or expanded building or structure of more than thirty-five feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where a master program does not prohibit the same and then only when overriding considerations of the public interest will be served. (RCW 90.58.320) The protection of significant views is a form of public access requirements: the access being visual rather than physical. Consideration must be given to protection of the visual quality of the shoreline resource and to the maintenance of view corridors to and from waterways and their adjacent shoreland features. Goal Preserve the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines to the greatest extent feasible. Policies 1. Control development, uses and activities on or near the shoreline so as to not impair or detract from the public's visual access to the water. 2. Enhance and preserve public views from shoreline and upland areas. View enhancement should not be construed to mean excessive removal of vegetation that partially impairs views. 3. Maintain, enhance and preserve visual access on shoreline street ends, public utilities and rights-of-way. SMP GENERAL REQUIREMENTS 4 - 20 Regulations 1. Shoreline uses and activities shall be designed and operated to avoid blocking, reducing, or adversely interfering with the public's visual access to the water and shorelines (see Table 3-2 - Site Development Standards). 2. Public lands such as street ends, rights-of-way, and utilities shall provide visual access to the water and shoreline in accordance with RCW 35.79.035 (Limitations on vacations of streets abutting bodies of water). 3. Submerged public right-of-way shall be preserved for visual access. 4. In providing visual access to the shoreline, the natural vegetation shall not be excessively removed either by clearing or by topping (see "Grading and Drainage" and "Land Clearing" sections). 5. Development on or over the water shall be constructed as far landward as possible to avoid interference with views from surrounding properties to the shoreline and adjoining waters. 6. Marinas with covered boathouses shall limit their height above mean sea level (see Table 3-2 - Site Development Standards). SMP GENERAL REQUIREMENTS 4 - 21 Chapter 5 SHORELINE USE POLICIES AND REGULATIONS In addition to the General Requirements in Chapter 3, a development must comply with specific requirements for each "use category" listed in Chapter 5. The Shoreline Use Policies and Regulations provide a greater level of detail in resolving shoreline issues specific to an individual type of use. Use Policies describe the governing shoreline management principles applicable to each use category. They serve as a bridge between Master Program goals and the use regulations that follow. Use Regulations set physical development and management standards for development of each type of use. "Shoreline uses" are the ongoing functions resulting from development, while "shore modification activities" are construction elements (landfill, dredging, breakwaters, etc.) that change the physical character of the shoreline in preparation for a "use". For legal purposes, both "uses" and "activities" are considered "development". This chapter contains provIsIons for specified shoreline "use categories". The topic headings are arranged alphabetically. . A GRICUL TURE.............................................................. 5-2 . AQUACUL TURE.............................................................5-4 . COMMERCIAL DEVELOPMENT................................... 5-7 . FOREST MANAGEMENT PRACTICES ......................5-10 .INDUSTRIAL DEVELOPMENT.................................... 5-11 . MARINA S.. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. 5-13 . M I N I NG ......................................................................... 5-15 . RECREA TIONAL DEVELOPMENT............................. 5-17 . RESIDENTIAL DEVELOPMENT .................................5-19 . ROADS, RAILROADS AND BRIDGES........................ 5-22 . SOLID WASTE DISPOSAL.......................................... 5-25 . UTI LITI ES ..................................................................... 5-26 . WATER ACCESS AND MOORAGE FACILITIES .......5-28 AGRICUL TURE Application Agricultural practices: Those methods used in the raising of plants and animals, in vegetation and soil management, such as tilling of soil, control of weeds, control of plant diseases and insect pests, soil maintenance and fertilization. Goal Preserve the quality of the agricultural shoreline inasmuch as such lands are important private open space systems. Policies 1. Agricultural practices should be allowed on more of the shoreline where specialized uses are not proposed, and should be conducted in a manner to prevent soil erosion and protect aquatic life and water quality. 2. That the adverse impact of surface water run-off, soil erosion and siltation resulting from agricultural activities be minimized through the use of vegetative buffers and erosion control measures. 3. That the potential for any hazardous agricultural waste entering shoreline areas be minimized. 4. Public Access: Encourage cooperative arrangements between farmers and public recreation agencies to allow public use of shorelines where it does not conflict with agricultural operations. Regulations 1. The vegetation occurring along the shoreline in any agricultural area shall be maintained for a minimum distance of 25 feet from the Ordinary High Water Mark. 2. For certain agricultural uses, such as large feed lot operations, increased vegetative buffers may be required. These activities will be evaluated individually through the appropriate impact assessment processes and mitigating measures developed and required accordingly. 3. To minimize surface water run-off, soil erosion, and siltation, the use of sediment basins, holding ponds, and holding tanks may be required. 4. Animal roaming areas shall be located and drained so as to minimize leaching into water bodies. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 2 5. In certain large scale operations, waste treatment facilities may be required. The need for such facilities will be evaluated under an impact review process and appropriate mitigating measures applied. 6. Chemicals and the use thereof in agricultural practices shall conform with the requirements established in Washington Pesticide Act RCW 15.57 and Washington Pesticide Application Act RCW 17.21 and regulations promulgated under RCW 15.57 and RCW 17.21. 7. In the regulation of the location of confined animal feeding operations, retention and storage ponds for feedlot wastes, and stock piles of manure solids along the City's shorelines, the control guidelines of the U.S. Environmental Protection Agency and State and local agencies shall be complied with so that other areas will not be polluted. 8. Public Access: All large scale agricultural proposals shall include consideration of public access potential, and shall endeavor to provide some form of access or benefit to the public, if feasible. For example, it may be appropriate to require that an agriculture development provide opportunities for educational tours. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 3 AQUACUL TURE Application Aquaculture: The farming of fin, fish, shell fish, or other aquatic plants and animals for commercial or recreational purposes. Goal Encourage aquaculture in suitable areas, while minimizing adverse impacts on water resources, aquatic wildlife communities, navigation, and views. Policies 1. Aquaculture operations should be located in areas where water quality meets state standards for the proposed use. 2. Aquaculture activities should be located and operated in a manner that allows navigational access by shoreline owners and commercial traffic. 3. View Protection: Design aquaculture development to minimize detrimental impacts on the visual access of upland owners and on the general aesthetic quality of the shoreline area. 4. Locate, design and operate aquaculture facilities to minimize potential adverse impacts on local water resources, aquatic plant and animal communities, land and water views, and the physical character of the shoreline. 5. Aquaculture support operations and facilities should be encouraged to locate in upland commercial and industrial areas. 6. Shoreline, aquatic, and upland development near productive aquaculture areas should be reviewed for potential detrimental impacts on aquaculture operations. 7. Public Access: Limit aquaculture practices so as to not unreasonably interfere with public use of the water and shorelines. Regulations 1. Aquaculture development and operations shall be consistent with State laws and guidelines regarding aquaculture. (See Appendix D for current State guidelines.) 2. Aquaculture activities shall be located and designed to reduce conflicts with other water use activities. 3. Navigational Access: SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 4 a. Floating or submerged aquaculture structures shall not unduly restrict navigation to or along the shoreline or interfere with general navigation lanes and traffic. b. Floating structures shall remain shoreward of principal navigation channels. c. Other restrictions on the scale of aquaculture activities may be necessary to protect navigational access, based on the size and shape of the affected water body. 4. View Protection: Aquaculture structures and equipment, EXCEPT navigation aids, shall be designed, operated, and maintained to blend into their surroundings through the use of appropriate colors and materials. a. Over-water Structures: 1) Over-water aquaculture structures shall be constructed of non- reflective materials that blend in with the shoreline environment. 2) Storage of necessary tools and apparatus seaward of the OHWM shall be limited to containers of not more than three (3) feet in height, as measured from the surface of the raft or dock; EXCEPT: In locations where the applicant demonstrates that visual impact of the proposed aquaculture structures will be minimal, the city may authorize storage containers of greater height based upon written findings and without requiring a variance. 3) Materials which are not necessary for the immediate and regular operation of the facility shall not be stored seaward of the OHWM. b. For floating culture facilities the city shall reserve the right to require a visual impact analysis consisting of information comparable to that found in the 1986 Department of Ecology "Aquacultural Siting Study". Such analysis may be prepared by the applicant, without professional assistance, provided that it is competently prepared. c. EXCEPT: Potential visual impacts on upland owners shall not be a basis for denying aquaculture projects in otherwise suitable areas. 5. Aquaculture development shall control nuisance factors, such as noise and odor. 6. Aquaculture waste disposal shall be conducted in an upland location, away from the shoreline, in accordance with local health codes, and in a manner that will prevent degradation of the shoreline environment. No garbage, wastes or debris shall be allowed to accumulate at the site of any aquaculture operation. 7. Structures or activities associated with aquaculture that are not water-dependent shall be located upland, away from the shoreline. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 5 8. Equipment, structures, and material shall not be abandoned in the shoreline or wetland area. The City may require that a bond be posted to help to ensure that this regulation is implemented. 9. Aquaculture facilities or structures which are potential hazards to navigation shall be marked to meet U.S. Coast Guard standards for day and night visibility. 10. Precautionary measures shall be taken to minimize the risk of oil or other toxic materials from entering the water or shoreline area. 11. Proposed aquaculture operations shall be designed and located so as to avoid adverse impacts to surf smelt spawning beaches. 12. Public Access: All aquaculture proposals shall include consideration of public access potential, and shall endeavor to provide some form of access or benefit to the public, if feasible. For example, it may be appropriate to require that an aquaculture development provide opportunities for educational tours. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 6 COMMERCIAL DEVELOPMENT Applicability Commercial developments: Those uses which are involved in wholesale and retail trade or business activities. Commercial developments range from small grocery stores to high- rise office buildings, and include hotels and restaurants. Commercial development does not include any activity for which a Home Occupation Permit is issued pursuant to the provisions of the Bremerton Zoning Ordinance. Goal Encourage adequate commercial development of the kind that can be integrated with the shoreline environment and can benefit from a shoreline location. Policies 1. Commercial development in shoreline areas should be water-dependent, water- related, or water-enjoyment uses. In general, non-water-oriented activities should be located upland, away from the shoreline and landward of the top of the bluff. 2. Locate commercial development to maximize the enjoyment of the shoreline for a substantial number of patrons, or for the general public. 3. Locate parking, circulation, and other elements of a commercial development so as not to interfere with visual quality and visual or physical access to the shoreline. 4. Parking facilities should be placed inland, away from the immediate water's edge and recreational beaches. 5. Development over the water which interrupts normal public use of the water surface should be discouraged, except when such development is shown to be an integral part of a plan promoting public access. 6. View Protection: Design commercial development to be aesthetically compatible with the surrounding area. Structures should not significantly impact water views from upland properties, public roadways or other public areas, nor views of the shoreline from the water. 7. Public Access: a. Require commercial development to provide physical and/or visual public access to the shoreline or other opportunities for the public to enjoy the shorelines of the state. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 7 b. Design resorts and commercial recreational developments to maximize public access to the shoreline and water areas. c. Design commercial developments to provide maximum public access to the shoreline and water areas, unless it is demonstrated to be physically infeasible or unsafe. Regulations 1. Water-oriented commercial developments shall be permitted on the shoreline in accordance with Table 3-1 - Shoreline Use/Activity Matrix. Non-water-oriented commercial developments may be permitted by Conditional Use Permit when in accordance with said Table 1 and other provisions of this Master Program, only where it can be demonstrated that: a. A water-oriented use is not reasonably expected to locate on the proposed site due to topography, surrounding land uses, physical features, or due to the site's separation from the water. b. The proposed use does not usurp or displace land currently occupied by a water-oriented use and will not interfere with adjacent water-oriented uses; and c. The proposed use will be of appreciable public benefit by increasing public use, enjoyment or access to the shoreline. 2. Commercial uses that are proposed for shoreline locations will be evaluated individually for their visual impact, waterfront relationship to the shoreline, and potential to enhance public access, direct and visual, to the shoreline. 3. Parking shall be upland of the associated use whenever possible, and located, designed and screened so as to have minimum visual impact. 4. When parking or circulation elements must be located adjacent to the shoreline, they shall be designed to enable pedestrians access to and along the shoreline. 5. Commercial development shall provide landscaping which is appropriate for the scale of structure and accessory use, such as parking area. Such landscaping shall consider the visual impact on adjacent properties. 6. Public Access Requirements: Commercial use developments shall provide public access as follows: a. All commercial developments: "General public access" to the water, as specified in the Public Access regulations. b. In addition, all commercial developments on lots adjacent to the water's edge shall provide "improved public access" to and along the shoreline. (See Public Access use/activity section.) SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 8 c. In Downtown Waterfront environment: Public access shall be provided in accordance with Chapter 20.76 and Figure 20.74(a) BMC. (Ord. 4829, 2003) SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 9 FOREST MANAGEMENT PRACTICES Applicability Forest management practices: Those activities related to the protection, production, and harvesting of timber. Goal Enhance forest productivity, while protecting the shoreline environment. Policies 1. Forest management practices should be conducted in such a manner as to prevent soil erosion, protect fish and wildlife habitat, protect water quality, and maintain scenic values. 2. Water boundaries should be protected by suitable buffer strips. 3. View Protection: Preserve shorelines having outstanding scenic qualities in a substantially natural condition. Limit timber harvest in such areas to selective cutting which protects scenic views. Regulations 1. Forest management practices shall conform to the provisions of RCW 90.58.150, and to the Forest Practices Act, RCW 76.09; to the provisions of RCW 76.04, and the regulations promulgated under RCW 76.04 and RCW 76.09. 2. Chemicals and the use thereof in Forest Management Practices shall conform with the provisions of the Washington Pesticide Act, RCW 15.5, the Washington Pesticide Application Act, RCW 17.21 and the regulations promulgated under RCW 15.57 and RCW 17.21. Chemical spills shall be immediately reported to the Department and to the U.S. Coast Guard where applicable. 3. Public Access: Public access shall be provided within Shorelines of State-wide Significance as follows: a. Visual access to outstanding scenic areas shall be provided with the provision of roadside pullovers or broadening of road shoulders. b. Roads at stream crossings shall provide wide shoulder parking and appropriate pedestrian access to the stream. c. Roads which are located within close proximity to streams shall be constructed with wide shoulder or off-road parking and associated pedestrian access opportunity to the stream edge, if feasible. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 10 INDUSTRIAL DEVELOPMENT Applicability Industrial developments are facilities for processing, manufacturing and storage of finished or semi-finished goods. Ports are public enterprises providing services and facilities for waterborne commerce, airborne commerce and industrial development dependent upon waterfront locations or attracted to a port because of the variety of available transportation. Ports are a specialized subcategory of general industrial uses. Ports are centers for water-borne traffic and, as such, have become gravitational points for industrial and manufacturing firms. Heavy industry may not specifically require a waterfront location, but is attached to port areas because of the variety of transportation. (Community and public docks for small boats are not considered port facilities.) Goal Encourage the development of ports and industrial areas that are water-related or water- dependent where they will have a minimal adverse impact on established uses. Policies 1. Public Access: Require new industrial development to provide physical and/or visual access to shorelines and visual access to facilities whenever possible and when such access does not cause significant interference with operations or hazards to life and property. 2. Cooperative use of common port facilities is encouraged along industrial areas. 3. Uses of the shoreline should be water-dependent or-related. 4. Land transportation and utility corridors, service ports, and water-related uses should follow the provisions of the Utilities and Road and Railway sections of the Master Program. Where feasible, transportation and utility corridors should be located upland to reduce pressure for the use of waterfront sites. 5. Design and operate new ports and industry on the shoreline to minimize adverse visual and environmental impact. 6. The Port of Bremerton is encouraged to coordinate the cooperative and multiple use of port and industrial facilities along the shoreline. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 11 7. Waste treatment, water reclamation, desalinization, and power plants should be located where they do not interfere with and are compatible with recreational, residential and other public uses of the shorelines. Regulations 1. Industrial uses located on the shoreline shall be limited to those which are water- dependent or water-related. 2. Industrial uses proposed over the water shall require a Conditional Use Permit, where permitted. 3. Public Access: Ports and/or industry shall provide public access to the shoreline and/or provide opportunities for public viewing of the shoreline industrial activity whenever feasible and safe. 4. Areas between industrial development and adjacent land uses and public access areas shall be located and landscaped so as to provide a transitional area. 5. Proposed port developments, expansions, alterations, or any phase thereof should be consistent with and based upon, an officially adopted comprehensive port development plan. 6. Ports with water-dependent and/or water-related uses shall also comply with the sections in this Master Program dealing with: Transportation Facilities; Utilities; and Water Access and Moorage Facilities. 7. Waste treatment ponds associated with industry shall not occupy the shoreline and shall be located as far away from the water's edge and recreational beaches as practical. 8. All new or expanded upland industrial development shall be set back and buffered from adjacent shoreline properties which are used for nonindustrial purposes. a. Buffers shall be of adequate width, height and plant and soil composition to protect shorelines and other properties from visual or noise intrusion, minimize erosion and protect water quality. b. New or expanded industrial development shall be set back and buffered from the shoreline, EXCEPT those water-dependent portions of the development which require direct access to the water or shoreline and which minimize any adverse impacts. c. Buffers shall not be used for storage of industrial equipment or materials, nor for waste disposal, but may be used for outdoor recreation if consistent with public access and other provisions of the Master Program. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 12 MARINAS Applicability Marina: A water-dependent facility that provides moorage, wet and dry storage, and related sales and maintenance services for pleasure and commercial craft. (Community and public docks are not considered a marina. See the Water Access and Moorage Facilities section.) Goal Encourage marinas in areas which will have the least negative impact on water quality, marine life, visual or physical access to the shoreline, or the residential use of property. Policies 1. Adequate marina facilities should be provided, and should be located and developed in an environmentally sound manner. 2. Marina facilities should be designed so as to minimize water pollution, damage to aquatic life, and disturbance of the natural shoreline processes. 3. The use of marinas for the storage of small trailerable boats is discouraged. 4. The multiple use concept should be a consideration of all marina designs, including such uses as dock fishing, boat launching, and wet and dry boat storage, as well as off-season utilization of the facility. 5. Commercial marinas should not be located in areas which would conflict with the residential or recreational use of the shoreline. 6. Shallow water embayments with poor flushing action should not be considered for overnight and long-term moorage facilities. 7. View Protection: Locate and design boating facilities so their structures and operations will be aesthetically compatible with the area visually affected, and will not unreasonably impair shoreline views. 8. Public Access: a. Design new marina facilities to accommodate public access and enjoyment of the shoreline, including provisions for walkways, view points, restroom facilities and other recreational uses according to the scale of the facility. b. Design marinas and public launch ramps so that existing or potential public access along beaches is neither unnecessarily impaired, blocked SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 13 nor made dangerous. Prevent undue impairment of public use of the surface waters below the ordinary high water mark. Regulations 1. A Conditional Use Permit shall be required for any marina facility that utilizes any construction other than open pile or floating piers. 2. Proposals for marinas shall include an evaluation of the following: water quality; water circulation and flushing; marine life; petroleum handling and storage; upland impact; visual quality; effect upon the Environment designation and land use; and any other concerns deemed necessary. 3. Breakwaters constructed for protection of marinas shall be designed to allow public access along the top, where feasible. 4. All marina development shall include provisions for public access, both visual and pedestrian. Examples include artificial pocket beaches created by foreshore defense structures, pedestrian bridges to offshore structures, fishing or viewing platforms, and underwater diving and viewing platforms. 5. Design and operational procedures for fuel handling and storage shall minimize accidental spillage and provide satisfactory means for handling spills that may occur. 6. Proposals for marinas shall comply with: a. Washington State Department of Natural Resources and Department of Fisheries guidelines. b. State and local health agency standards and guidelines. 7. Accessory uses at marinas shall be limited to those which are water-dependent, necessary for marina operation, or which provide physical or visual shoreline access to substantial numbers of the general public. Accessory uses shall be consistent in scale and intensity with surrounding marina uses. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 14 MINING Applicability Mining: The removal of naturally occurring materials from the earth for economic use. The removal of sand, soil, and gravel in a stream bed which has been relocated by flood waters, and is causing property erosion and damage, is not considered mining in this Program. Goal Minimize mining on the shoreline. Policies 1. Prohibit mining in unique and fragile areas, in prime agricultural areas or on marine beaches. 2. Where mining is permitted, provisions should be made for the protection of water quality, aquatic life, and reclamation of the disturbed land surface areas. 3. Removal of sand and gravel from below the Ordinary High Water Mark (OHWM) should be prohibited. 4. When rock, sand, gravel, and minerals are removed from shoreline areas, adequate protection against sediment and silt production should be provided. 5. Minimize adverse visual and noise impacts from mining operations on surrounding shoreline areas. 6. Public Access: Design mining facilities to provide visual and/or physical public access when possible. Regulations 1. All mining activity shall conform to the Washington State Surface Mining Act, and a reclamation plan similar to that required by this mining act shall be submitted prior to the issuance of any local permit. 2. Mining of sand and gravel from below the OHWM shall be prohibited. 3. A buffer strip, designed to control run-off, is required between any mining operation and any surface waterway or swale which could be adversely affected. 4. Applications for mining activity shall include a plan for control of siltation and sedimentation. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 15 5. Public Access: Mining operations shall provide safe visual access to shoreline areas when it is not feasible to provide physical access. 6. Setbacks and Buffers: A minimum one hundred (100) foot buffer of undisturbed soils and native vegetation shall be maintained and/or planted between the mining site (including all accessory facilities) and adjacent properties and abutting bodies of water or wetlands. a. EXCEPTION: The water body buffer requirement may be waived for approved streamway bar scalping operations. b. If vegetative screening is not possible, the city may require artificial screening or fencing to suit the site, operations, and shoreline area. 7. The amount of land and shoreline area being excavated or lying disturbed and unreclaimed at any time without simultaneous reclamation being undertaken shall not exceed ten (10) acres. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 16 RECREATIONAL DEVELOPMENT Applicability Recreation: The refreshment of body and mind through forms of play, amusement, or relaxation. Goal Increase the quantity, quality and variety of recreational opportunities on the shoreline, consistent with community-wide and neighborhood needs. Policies 1. Develop existing and acquired publicly owned lands to assure maximum recreational opportunities consistent with the desired character of the area. 2. Identify shoreline areas with a good potential for recreation or public access. Acquire these areas by lease or purchase for incorporation into the public park and open space system. 3. Encourage linkage of shoreline parks, recreation areas and public access points with linear systems such as hiking paths, bicycle paths, easements and/or scenic drives. 4. Public agencies, private individuals, groups and developers should be encouraged to coordinate development projects to mutually satisfy recreational needs. 5. Encourage the use of shoreline street ends and publicly owned lands for public access and development of recreational opportunities. 6. Recreational development should be located, designed, and operated to minimize adverse impacts on the Environments and Natural Systems. 7. Priority shall be given to developments which provide recreational uses and other improvements facilitating public access to shorelines. 8. View Protection: Locate and design recreational developments to preserve, enhance or create scenic views and vistas. Give favorable consideration to those projects that complement their environment. Regulations 1. Street-end Parks: Street-end parks, where developed to serve community needs, shall be limited to car top boat launching, waterfront viewing, swimming, or fishing, and shall be designed so as not to interfere with privacy of adjacent residential uses. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 17 2. Accessory Uses: Substantial accessory use facilities, such as restrooms, recreational halls and gymnasiums, commercial services, access roads and parking areas, shall be set back from the OHWM unless it can be shown that such facilities are essentially shoreline dependent. These areas may be linked to the shoreline by walkways. 3. Health Requirements: The design of park and recreation facilities shall comply with State and local health agency regulations. 4. Shoreline Access: Recreational developments shall provide facilities for non- motorized access to the shoreline, such as pedestrian, bicycle and/or equestrian paths. Motorized vehicular access is prohibited on beaches, bars, spits, and streambeds, EXCEPT for boat launching and maintenance activities. 5. Recreational facility design and operation shall prohibit the use of all-terrain and off-road vehicles in the shoreline area, EXCEPT where specific areas for such use are set aside and controlled, and then only when it can be demonstrated that demand is sufficient to warrant such activity. 6. Over-water Development: No recreational buildings or structures shall be built over water, EXCEPT water-dependent and/or public access structures such as piers, docks, bridges, or viewing platforms may be permitted as a Conditional Use. 7. Signs: Signs indicating the public's right of access to shoreline areas shall be installed and maintained in conspicuous locations at the point of access and the entrance thereto. 8. Golf Courses: Golf courses shall provide public access for dispersed passive recreation. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 18 RESIDENTIAL DEVELOPMENT Applicability Residential development: The subdivision of land for residential use and the construction or exterior alteration of one or more buildings or structures or portions thereof, which are designed for and used to provide a place of abode for human beings, including one and two family detached dwellings, multi-family residences, row houses, townhouses, mobile home parks, and other similar group housing, together with accessory uses and structures normally common to residential uses. Residential development shall not include hotels, motels, or any other type of overnight or transient housing or camping facilities. Although a Substantial Development Permit is not required for construction in the shoreline area of a single family residence if the residence does not exceed a height of twenty-five feet above average grade level and meets all requirements of the State agency or local government having jurisdiction, such construction must otherwise conform to this Master Program. Goal Encourage residential development, particularly those developments which improve the accessibility of the shoreline to upland owners while respecting the rights of private property owners, and are proposed at a density compatible with the limitations of the environment. Policies 1. The planned unit development concept should be encouraged on the shoreline. 2. Preference will be given to joint-use community piers and docks (in lieu of individual piers and docks for each waterfront lot) in all new subdivisions and planned residential developments. 3. Require residential developments to provide dedicated and improved public access to the shoreline in a manner which is appropriate to the site and the nature and size of the development. (See Public Access section) 4. In identified Natural System areas, or areas having unique aesthetic qualities, development should be clustered to minimize environmental impacts. 5. Adequate distance between the Ordinary High Water Mark (OHWM) and residential structures should be maintained to protect water quality, natural systems, and views, and to ensure the integrity of the shoreline environment. 6. Residential development on shorelines subject to landslides, flooding and high water tables is discouraged. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 19 7. Residential developments should preserve shoreline vegetation for control of erosion and for aesthetic considerations. 8. Residential development over water is discouraged. REGULA TIONS 1. Prohibited: Residential development on shorelines subject to landslides, flooding and high water tables shall be prohibited. 2. Over-water Residences: Residences over the water are prohibited and floating homes may be permitted only in marinas. 3. Sewage Disposal and Water Systems: Sewage disposal and water systems shall be in compliance with all rules and regulations and approved by the Bremerton- Kitsap Health Department, the City of Bremerton, the Department of Social and Health Services, and the Department of Ecology, as applicable. 4. Joint-use Recreational Beaches: Where provided, joint-use recreational beach areas shall be a minimum of fifty (50) feet in width, and shall include a densely planted landscaped buffer of evergreen trees, shrubs and groundcover along property lines adjoining individual lots. 5. Soil Stabilization: Where development will result in disruption of vegetation with a potential for increased erosion and run-off, development plans shall include provisions for temporary soil stabilization during construction, and permanent stabilization upon completion of development. 6. Subdivisions and Multi-family Development Applications: Application for development of subdivisions and multi-family developments shall include the following information (at minimum): a. Details (graphic and textual) of proposed erosion control plans to be utilized both during and after construction; b. Details (graphic and textual) of any proposed alteration in the natural character of the shoreline; c. Provisions for lot owner or occupant access to the water body, if any; and d. Provisions for public access to the water body, (where appropriate), if any. 7. Landfills: Filling of, or into, water bodies or their associated wetlands for the purpose of subdivision or multi-family construction shall not be permitted. 8. Shore Modification: Subdivisions or multiple-family developments shall not be approved for which flood control, shoreline protection measures or bulkheading will be required to create residential lots or site area. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 20 9. Public Access: Multi-family developments, subdivisions, and planned unit developments of five (5) or more waterfront lots/units shall provide "improved public access" for all residents of the development and the general public, in compliance with public access standards contained herein (see Public Access section). 10. Joint-use Community Piers/Docks: New Residential subdivisions or planned developments with shoreline frontage shall provide for resident access to and a location for a joint-use community pier or dock as a condition of plat approval. a. In the event any pier or dock facilities are provided within a residential waterfront development, only one (1) joint-use facility shall be constructed. b. This plat approval condition and access easements and/or dedications required shall be identified on the face of the plat. c. In addition, the community dock easement shall be recorded with the County Auditor. d. Where community dock facilities are provided with plat approval, single-use docks and piers serving individual waterfront lots shall be prohibited. e. In the event community dock facilities are not built within a residential waterfront development, a single-use dock or pier may be constructed only upon approval of a Conditional Use Permit and only when it is demonstrated that a community dock facility is highly unlikely to be constructed with the foreseeable future. (See also: Public Access, Water Access and Moorage, and Shore Modification use/activity requirements.) SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 21 ROADS, RAILROADS AND BRIDGES Applicability Road: A linear passageway, usually for motor vehicles. Railroad: A surface linear passageway with tracks for train traffic. Bridge: A structure spanning a river, chasm, road, or the like and affording passage. Construction of roads, railroads and bridges can limit access to shoreline, impair the visual qualities of water-oriented vistas, expose soils to erosion, and retard the runoff of flood waters. Goal To utilize roads, railroads, and bridges on the shorelines to a minimum, and, where they are necessary, place them in a manner which will preserve and enhance the visual and physical access to and physical characteristics of the shoreline. Policies 1. Locate new roads, railroads and bridges within the shoreline jurisdiction only when related to and necessary to support permitted shoreline activities. Locate major new highways, freeways and/or railways out of the shoreline jurisdiction. 2. Encourage rest areas, view turnout points, and picnic areas along shoreline areas, provided they do not detract from the shoreline environment. 3. Roads located in wetlands areas should be designed to fit existing topography, and constructed and maintained to prevent erosion and permit a natural movement of ground water. 4. All cut and fill material, debris, overburden, and other waste materials from construction should be disposed of in such a way to prevent their entry by erosion from drainage, high water, or other means into any water body. 5. Where permitted, roads, railroads, and bridges should cross the shoreline area by the shortest most direct route, unless such route would cause significant environmental damage. 6. Provide facilities for safe pedestrian and other non-motorized travel along public roadways in scenic areas. Provide trail and bicycle systems along shorelines to the maximum extent feasible. 7. Roads and railroads should be located so as to not require the rerouting of waterways. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 22 8. Public Access: a. Acquire and/or retain abandoned or unused road or railroad rights-of-way for public access to and/or along the water. b. Review road ends abutting water bodies for potential use and development for public access to the water, and incorporate into the city's comprehensive public access plan as appropriate. c. Do not vacate any public right-of-way in a shoreline location until adopting a comprehensive public access plan for the area showing that the subject right-of-way cannot be used as a contributing element in that plan. Regulations 1. Landscaping: Landscape planting is required along all shoreline roads, parking, and turnout facilities to: a. Provide buffers between pedestrian and auto users; b. Enhance the shoreline driving experience; and c. Enhance and complement potential views of shoreline areas. 2. Applications: Applications for roads, railroads, and bridges shall adequately address the following criteria, when appropriate: a. That a shoreline location is necessary, and that no reasonable upland alternative exists. b. That the construction is designed to protect the shoreline against erosion, uncontrolled or polluting drainage and other factors detrimental to the environment, both during and after construction. c. That the project will be planned to fit the existing topography as much as possible, thus minimizing alterations to the natural environment. d. That all debris, cut and fill material, overburden, and other waste materials from construction will be disposed of in such a way as to prevent their entry by erosion from drainage into any water body. e. That proposed bridges will be built high enough to allow the passage of debris and anticipated high water flows. f. When public roads will afford scenic vistas, viewpoint areas shall be provided. Scenic corridors shall have sufficient provisions for safe pedestrian and non-motorized vehicular travel. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 23 3. Culverts: Culvert installation in streams used by anadromous fish shall comply with Washington Department of Fisheries requirements. Culvert installation may require a hydraulics permit. 4. Vacation of Right-of-way: The city shall vacate public right-of-way abutting a body of salt or fresh water only in compliance with RCW 35.79.0351. lRCW 35.79.035 - allows vacations of streets abutting bodies of water only when: (a) the vacation will enable acquisi tion of the property for public purposes; (b) the street or alley is not suitable for certain purposes (e.g. port, park, education); or (c) the vacation will enable implementation of a public access plan. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 24 SOLID WASTE DISPOSAL Applicability Solid waste disposal: Any biodegradable or non-biodegradable material discarded as unwanted. Goal Eliminate the disposal of solid waste on the shoreline. Policies 1. Solid waste should not be permitted within the shoreline area affected by this Master Program. Regulations 1. Shorelines shall not be used for any sanitary landfill operations or the disposal of solid wastes. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 25 UTI LITI ES Applicability Utilities: Services which produce or carry electric power, gas, sewage, water, communications, oil, etc. Goal Provide necessary utility systems in a manner which does not interfere with the quality of the shoreline environment. Policies 1. Major utility lines and facilities should be located outside shoreline areas to the maximum extent feasible. 2. The development of utility systems should not destroy or degrade sensitive natural shoreline systems. 3. View Protection: Locate utility facilities and corridors so as to protect scenic views. Place such facilities away from the shoreline, underground, in established utility corridors, or alongside or under bridges whenever possible. 4. Public Access: Include appropriate visual and physical public access consistent with public safety in utility installations. Regulations 1. Maintenance Projects: Upon completion of installation and maintenance projects on shorelines, they shall be restored to pre-project configuration, replanted with native species, and provided maintenance care until the newly planted vegetation is established. A landscape restoration plan will be required. 2. Undergrounding: a. New utility lines, including electricity, communications and fuel lines, shall be located underground, EXCEPT where the presence of bedrock or other obstructions make such placement infeasible. b. Existing above ground lines shall be moved underground during normal replacement processes. 3. Easements: Access easements to utility installations shall be no wider than needed to construct, maintain, or repair the utility. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 26 4. Public Access: Utility development shall provide for compatible, multiple use of sites and rights-of-way through coordination with local government agencies. Such uses include shoreline access points, trail systems, and other forms of recreation and transportation, providing such uses will not unduly interfere with utility operations, endanger public health and safety, or create a significant and disproportionate liability for the owner. 5. Storm Drainage/Sewer Outfalls: Storm drainage and sewer outfalls shall be located beyond the extreme low tide line. 6. Health Regulations: Utility installations shall comply with State and local health regulations. 7. Applications: All applications for installation of utility facilities shall include the following: a. Reason why facility must be located in a shoreline area; b. Alternative locations considered and reasons for their rejection; c. Location of other facilities near the proposed project and if the location is to include other types of facilities; d. Proposed method of construction and plans to control erosion and turbidity during construction; e. Plans for reclamation of areas disturbed during construction; f. Possibility for location of proposed facility within existing utility right-of-way. g. Any other information deemed necessary. 8. View Protection: a. Where major utility facilities must be placed in a shoreline area, the location and design shall be chosen so as not to destroy or obstruct scenic views. b. Utility development shall provide screening of facilities from water bodies and adjacent properties within required setbacks (see Table 3-2). Screening requirements shall be determined by the City on a case-by-case basis. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 27 WATER ACCESS AND MOORAGE Applicability Water access and moorage facilities: Facilities, including piers, docks, recreational floats, mooring buoys, marine railways, and boat launching ramps, that are designed to provide access to water areas for boats and people and to provide facilities for securing boats. (Also see Marina Section.) Pier: A fixed structure built over the water, intended for use as a loading place for marine transport or for recreational purposes. Floating dock: A platform built over the water and attached to the shore or a fixed pier by a loosely coupled ramp, intended for use as a loading place for marine transport or for recreational purposes. Recreational float: An anchored floating platform for water-dependent recreational activities such as swimming and diving. Mooring buoy: An anchored floating device for the purpose of securing a boat or ship. Marine railway: A pair of sloping tracks usually on top of a concrete or piling base for the purpose of placing a boat in and out of the water. Boat launching ramp: A platform constructed of concrete or other material which extends from the shore onto the tidelands, usually intended for boat launching by trailers. Goal Assure that adequate water access and moorage facilities are available to the public and individuals without adversely impacting the natural aesthetic qualities of the shoreline. Policies 1. Community Boating Facilities: Multiple use and expansion of existing consistent piers, wharfs and docks is encouraged (in lieu of the addition and/or proliferation of new facilities) in order to minimize the consumption of limited shoreline resources. Joint-use facilities are preferred over new single use piers, docks and floats. 2. Piers, Docks and Floats: Construct piers, docks, and recreational floats should be constructed so as to minimize obstruction of navigable waters and not significantly reduce use of the water surface. 3. Piers and Docks: The number, size, and length of piers and docks should be no more than the minimum that provides the required service. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 28 4. Piers/Floating Docks: Encourage the use of floats in lieu of piers in those areas where scenic values are high, and where conflicts with recreational boaters and fishers are not greatly increased. 5. Piers: Only open pile piers should be permitted where shore trolling is important and/or where there is significant longshore drift. 6. Boat Launching Ramps/Marine Railways: Boat launch ramps and marine railways should be designed so as to minimize detrimental effects to natural shore processes. 7. Public Access: Pier and dock projects are encouraged to provide for public docking, launching and recreational access. 8. View Protection: Locate, design and operate piers, wharves, docks and floats so as to be aesthetically compatible with the area visually affected, and protect surrounding properties from undue impairment of views. Regulations General 1. Proposals for moorage facilities shall be consistent with State Department of Natural Resources Moorage Design Guidelines. 2. Prior to granting a permit for a pier, dock, or float, the effects of the structure upon navigation, recreation, and adjacent shorelines shall be determined, and disposition of the permit by the City shall reflect such determination. 3. Water access and moorage facilities shall be located, designed and constructed so as to cause minimum interference with navigation and public use of the water surface and shoreline, and to protect surrounding properties from undue impairment of views. 4. Public Access: Water access and moorage facilities that are accessory to uses requiring public access shall provide public access facilities consistent with the scale of the project. Community Boating Facilities2 5. Subdivisions: New subdivisions with shoreline frontage shall provide community docks if any docks are proposed. (See also: Residential Development) 2The terms "communi t y docks" , " j oint -use moorage facili ty", and "j oint-use communi ty piers and docks" are Also see definition of "community boating facility". facility" , "j oint-use used interchangeably. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 29 6. Pre-existing Residential Lots: For residential lots existing at the time this program is adopted (2/2/92): No more than one (1) private, noncommercial single-use dock is permitted per platted shoreline lot or unplatted shoreline tract owned for residential or recreational purposes. 7. Multifamily/Commercial Developments: Multi-family residences, hotels, motels, and other commercial developments proposing to provide moorage facilities shall construct a single, joint-use moorage facility: PROVIDED, that the City may authorize more than one joint use moorage facility if a single facility would be inappropriate or undesirable given the specific conditions of the site. 8. Commercial/Industrial Developments: Permits for docks or piers serving single commercial or industrial enterprises shall not be granted unless it is determined that adjacent commercial and/or industrial enterprises are not willing to cooperatively develop a joint-use facility. 9. Maintenance: Proposals for joint-use community piers and docks shall demonstrate and document that adequate maintenance of the structure and the associated upland area will be provided by identified responsible parties. Piers and Docks 10. Prohibited: Piers and floating docks shall be prohibited where navigation may be impaired significantly at entrances to bays, channels, or coves. Piers and docks are prohibited in the channel between Ostrich Bay and Oyster Bay and are limited in waters immediately bordering the channel, as depicted in Figure 3-5. (Ord. 4634, 1999) 11 .Location: Piers and docks shall project the minimum distance necessary to service the appurtenant vessels and shall not create a hazard to navigation. 12. Inside Harbor Areas: When State harbor lines have been designated, piers and docks shall be located shoreward of the outer harbor line. 13. Outside Harbor Areas: Where State harbor lines do not apply, piers and docks shall project the minimum distance necessary to service the appurtenant vessels and shall not create a hazard to navigation. 14. Size: a. Length: Maximum length of a residential pier or dock shall be the minimum necessary to accomplish moorage for the intended boating uses, and shall be only so long as to obtain a depth of five (5) feet of water as measured at Mean Low Water (MLW) in marine shorelines or as measured at Ordinary High Water (OHWM) in fresh water shorelines. b. Height: Dock shall not exceed three (3) feet in height above OHWM on the landward side, and shall extend above the water surface no more than two (2) feet at all other locations. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 30 c. Private, Single Use Docks: 1) Landing area deck maximum length parallel to shore of "T" end: Ten (10) feet; 2) Landing area deck maximum width: Eight (8) feet. 3) Walkway maximum width: Four (4) feet; d. Community Piers and Docks: 1) Maximum Width and Length: To be determined by the City on a case-by-case basis. 2) Density: No more than one (1) thirty foot (30') moorage space per dwelling unit or lot. e. Side Yard Setbacks: 1) Docks shall be set back a minimum of ten (10) feet from side property lines; 2) EXCEPTION: Community piers and docks may be located adjacent to or upon a side property line when mutually agreed to by contract/covenant with the owners of the adjacent property, a copy of which must be recorded with the County Auditor and filed with the application for permit. Recreational Floats/Mooring Buoys 15. Location: Recreation floats and mooring buoys shall be located no further seaward than existing floats and mooring buoys. 16. Visibility: Recreational floats and mooring buoys shall be readily discernible under normal conditions to the unaided eye at a minimum distance of 100 yards. 17. Float Design: a. Height: Floats must be built so that the deck surface is no more than two (2) foot above the water's surface and must have reflectors for nighttime visibility. b. Maximum Size: 1) Single Property Owner Recreational Floats: Sixty-four (64) square feet. 2) Joint-use Floats: Ninety-six (96) square feet. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 31 Boat Launching Ramps/Marine Railways 18. Longshore Drift: Boat launching ramps and marine railways shall be designed as to not obstruct longshore drift. 19. Residential Launch Ramps: Boat launching ramps may be permitted for individual residences where the upland slope within twenty-five (25) feet of the OHWM does not exceed twenty-five (25) percent and/or where substantial cutting, grading, filling or defense works are not necessary. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 32 Chapter 6 SHORE MODIFICATION ACTIVITY POLICIES AND REGULATIONS "Shore modification" activities, also referred to as "activities", are those actions that modify the physical configuration or qualities of the shoreline area. Typically, activities are related to construction of a physical element such as a dike, breakwater, dredged basins, landfill, etc., but they can include other actions such as clearing, grading, application of chemicals, etc. Shore modification activities usually are undertaken in support of or in preparation for a shoreline "use". A single use may require several different shore modification activities. For example, a marina and boatyard development (use) may involve a breakwater, dredging, clearing and grading, and landfill (activities). Activity policies and regulations are intended to prevent, reduce and mitigate the negative environmental impacts of proposed shore modifications consistent with the goals of the Shoreline Management Act. A proposed development must meet all of the requirements for applicable uses and activities as well as the general and environment designation requirements. All shore modification activities must comply with requirements in the Shore Modification section as well as any applicable requirements in the more specific activity sections such as Beach Enhancement, Clearing, Revetments, etc. The Shore Modification Activity Requirements chapter addresses the following activities: . S H 0 REM 0 D IF I CAT ION .................................................. 6- 2 . BEACH ENHANCEMENT.. ........... ............. ........... ............ 6-9 .BREAKWATERS, JETTIES, ROCK WEIRS, GROINS.... 6-13 . BULKHEADS AND SEAWALLS .......................................6-16 . C LEA R IN G ........................................................................ 6-23 . D R ED GIN G ....................................................................... 6-24 . F L 00 D MANA GEM EN T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6-26 . G RA DIN G AND D RA IN AGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6- 27 . LA N D FILL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6-28 . REVETMENTS.................................................................. 6-30 SHORE MODIFICATION Applicability Shore modification: Actions which modify shore forms. These actions include shore stabilization activities as well as dredging and landfill activities. Shore stabilization: Actions taken to reduce adverse impacts caused by current, flood, wake or wave action. These actions include all structural and non-structural means to reduce impacts due to significant flooding, erosion and accretion. Specific shore modification activities include: beach enhancement; breakwaters, jetties, rock weirs and groins; bulkheads and seawalls; flood management; revetments (riprap); and other means of shore protection. These provisions apply to all structural and non-structural shore modifications, actions and improvements associated with or in support of a specific use. They also apply to projects whose chief intent is to modify the shore of the property for which the permit applies. Goal Protect uplands and harbors without adversely impacting natural systems and adjacent shores, either physically or aesthetically. All shore modification measures shall be consistent with the following general policies and regulations, and the provisions of the Critical Areas Ordinance, BMC 20.14, and Appendix A. Policies 1. Purpose: Locate, design and construct shore stabilization measures primarily to prevent damage to existing development. a. Locate and design new development in a manner so that shore modification is not likely to become necessary in the future. b. Discourage new development requiring shore modification. 2. Location/Design: a. Give preference to stabilization activities which use natural materials, (e.g. protective berms or vegetative stabilization) over structural works (of materials such as steel, wood, or concrete), because the former have less adverse and cumulative impacts on shore features and habitats. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 2 b. Allow structural solutions to reduce shore damage only after it is demonstrated that natural methods are unworkable. c. Protect and/or restore the physical integrity of shore processes and other properties which may be damaged by interruptions of the geo-hydraulic system; 1) Strongly encourage or require professional design by a registered engineer to ensure that project design responds to complex modifying water movements and littoral drift systems that extend well beyond the project boundaries. 2) Require supplementary beach nourishment where structural stabilization works are likely to increase impoverishment of existing beach materials at or downdrift from the project site. e. Protect water quality and natural ground water movement; f. Protect valuable fish and wildlife vital to the aquatic food chain, including their habitat; g. Preserve valuable recreation resources and aesthetic values, such as islands, point and channel bars, braided stream banks, and other river and shore features and scenery; h. Public Access: Protect and/or enhance public access to public shores. Where projects are publicly financed or subsidized, provide public pedestrian access to shorelines for low-intensity outdoor recreation. 3. Rivers and Streams: a. Preserve rivers and streams in their natural state, free of shoreline modification, where they are not now influenced by urban growth and channelization. b. Avoid substantial stream channel direction modifications, realignment and straightening as a means of shore stabilization and flood management. c. Provide for the long-term multiple use of streamway resources. 4. Coordination: Encourage affected property owners and public agencies to coordinate shore modification development for an entire drift sector or homogeneous reach in order to avoid exacerbating erosion on adjacent properties. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 3 5. Construction and Maintenance: a. Ensure that construction and maintenance of shore modification activities does not reduce the quality of the existing environment. b. Upon completion, require restoration of shore areas to as near pre-project configuration as possible, reestablishing vegetation with native species. c. Require mitigation if loss of riparian vegetation and habitat occurs. Regulations 1. New Development: All new development activities shall be located and designed to prevent or minimize the need for shore modification and flood management works, such as seawalls, bulkheads, riprap, landfills, levees, dikes, groins, jetties, or substantial site regrades. 2. Prohibited: Shore modification works are prohibited: a. In wetlands; b. On point and channel bars; c. In salmon and trout spawning areas, EXCEPT for fish or wildlife habitat enhancement; d. Where in support of a nonconforming shoreline use EXCEPT as permitted below. 3. Criteria for Approval: Shore modification activities are permitted when the applicant has demonstrated that: a. The proposal is in support of an allowable shoreline use that is in conformance with the provisions of this Master Program. EXCEPTION: Shore modification may be allowed as a shoreline activity when necessary to maintain shoreline stability and the natural ecology. b. The proposal is consistent with all applicable Master Program provisions. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 4 4. Application Requirements: Proposals for shore modification shall include the following information, or as otherwise determined by the director of Community Development: a. Purpose of Project; b. Description of Proposal: I. Location of project; II. Construction materials (e.g. materials used, dimensions of, design); III. Method of construction (e.g. source of backfill, erosion controls); c. Characteristics of Site: I. Toe and crest of uplands; II. Existing buildings; III. Existing shore stabilization and flood protection devices; IV. Ordinary, low, and high water elevations; v. Net direction of littoral drift changes and tidal currents (if any); VI. General direction and speed of prevailing winds; VII Beach type, slope and material; VIII. Uplands type, slope and material; IX. Soil types (Soil Conservation Service); x. Physical or geologic stability of uplands; XI. Profile rendition of beach and uplands; d. Characteristics of Impact Area: I. Extent of Impact Area: (1) Marine shores: Within drift sector; (2) Rivers: One-half (1/2) mile on each side of proposed project; SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 5 (3) Lakes and streams: Three hundred feet (300') on each side of proposed project; II. Existing characteristics: (1) Physical, geological and/or soil characteristics; (2) Existing shore stabilization and flood management devices; (3) Presence of fish/wildlife vital to the aquatic food chain, or their habitat; (4) Rivers: Hydraulic characteristics; e. Analysis: I. Potential impact upon area shore and hydraulic processes, upland stability, natural habitat, adjacent properties, shore and water uses, and public access; and II. Alternative measures (including non-structural measures) which will achieve the same purpose. Design alternatives shall include the best available technology, including (but not limited to) beach enhancement where appropriate. 5. Project Design: The City shall require professional design of the proposed project if it is determined there are sufficient uncertainties, such as: a. Inadequate data on local geophysical conditions; b. Inadequate data on stream flow, velocity, and/or flood capacity; and/or c. Effects on adjacent properties. 6. Project Criteria: Shore modification activities shall be located, designed, constructed and maintained in such a manner as to: a. Minimize alterations of the natural shore and prevent adverse impacts on adjacent shores; b. Ensure long-term structural integrity; and c. Consist of natural materials (such as rock) or other materials that blend aesthetically into the surrounding shoreline. The use of discarded materials such as car bodies, uprooted tree stumps, scrap building materials, asphalt SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 6 from street work, or any discarded pieces of equipment or appliances for shore modification shall be prohibited. 7. Rivers and Streams: a. Shore modification works shall be designed and constructed to allow for channel migration to the extent possible. These works shall not reduce the volume and storage capacity of rivers and adjacent wetlands or flood plains. b. Modification, realignment and straightening of river and stream channel direction are prohibited unless they are essential to uses that are consistent with this program. 8. Public Access: a. Public access shall be provided when shore modification improvements are associated with or in support of an existing use which would be required to provide public access under current Master Program provisions. b. Design of public shore modifications shall include and provide improved access to public shorelines whenever possible. c. Dikes and Levees. Linear public access shall be provided when the City determines such access to be in the public interest. Improved trail systems are preferred. 9. Vegetation Management: a. All disturbed shore areas shall be restored to as near pre-project configuration as possible and replanted with native grasses, shrubs, and/or trees in keeping with existing bank vegetation. If native species cannot be obtained, acceptable substitutes may be used for stabilization purposes. b. Vegetation shall be planted and maintained on shore modification structures in a manner that will lessen the visual impact of such structures. c. The restoration of any shoreline that has been disturbed or degraded shall use native plant materials with a similar diversity and structure as what was originally occurring. d. The use of commercial nursery stock in the restoration of disturbed or degraded shorelines shall emulate the previously existing vegetation in both size, structure, and diversity at maturation. e. Vegetation shall generally be planted by hand, with short-term mechanical assistance when appropriate. f. All plantings provided shall be maintained. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 7 10. Maintenance: Maintenance of shore modification activities shall be the sole responsibility of the property owner. 11. Liability: Any impact to neighboring properties caused by shore modification activities is the sole responsibility of the property owner providing such shore modification. 12. Related Permits: Prior to the issuance of city permits for the construction and operation of shore modification works, the developer shall demonstrate approval of and compliance with all applicable federal and state permits. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 8 BEACH ENHANCEMENT Applicability Beach enhancement/restoration: The process of restoring a beach to a state more closely resembling a natural beach, using beach feeding, vegetation, drift sills, and other non-intrusive means as applicable. Beach enhancement may be used on upland, tidal and/or submerged shorelines to restore, enhance or create recreational beaches, aquatic habitat, and/or to control erosion. The materials used are dependent on the intended use. Various grades of clean sand or pea gravel may be used to enhance a beach for recreational use or erosion control. Vegetation, drift sills and other non-intrusive means may also be used as applicable. To create or restore an underwater aquatic environment such as a reef or shore may require a rock matrix and/or combination of other materials appropriate for the intended environment. Berm: A linear mound or series of mounds of sand and/or gravel generally paralleling the water at or landward of the line of ordinary high tide. Drift sills: Small groins which hold sediments in place without blocking longshore drift. Perched beach: A beach or fillet of sand retained above the otherwise normal profile level by a submerged dike or sill. Pocket beach: A Class II or III accretion beach which does not depend on littoral drift accretion. It depends on the erosion of immediately adjacent sources. In rare instances a pocket beach may also be a berm beach. In addition to the general Shore Modification policies, breakwaters, jetties, rock weirs and groins shall comply with the following policies and regulations: Policies 1. Purpose: Encourage the design and use of naturally regenerating systems for prevention and control of beach erosion where: a. The length and configuration of the beach will accommodate such systems; b. Such protection is a reasonable solution to the needs of the specific site; and c. Beach restoration/enhancement will accomplish the following objectives: I. Recreate or enhance natural shore conditions; II. Create or enhance natural habitat; SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 9 III. Reverse otherwise erosional conditions; and IV. Enhance access to the shore, especially to public shores. 2. Design: Ensure that beach enhancement projects will not degrade aquatic habitats, water quality and flood holding capacity. Regulations 1. Prohibited: Beach enhancement is prohibited: a. Within spawning, nesting or breeding habitat; b. Where littoral drift of the enhancement materials will adversely effect adjacent spawning grounds or other areas of biological significance; c. If it will interfere with the normal public use of the navigable waters of the state; AND/OR d. Where the activity is in support of a nonconforming shoreline use. EXCEPTION: Beach enhancement may be allowed as a shoreline activity, provided that such activities are necessary to maintain shoreline stability and the natural ecology. 2. Criteria for Approval: Beach enhancement may be permitted by Conditional Use Permit when the applicant has demonstrated that: a. No significant change in littoral drift will result which will adversely affect adjacent properties or habitat; b. The proposal is consistent with Master Program provisions for the Environment Designation; and c. The proposal conforms to all Master Program Policies and Regulations. 3. Project Area: Wherever possible natural beach enhancement projects shall include adjacent shores that would benefit by similar treatment so as to enhance the total shore system. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 10 4. Application Requirements: In addition to the general application requirements, proposals for beach enhancement shall include discussion of design alternatives, including the best available beach enhancement technology, such as gravel berms, beach nourishment, drift sills, and vegetation where appropriate. 5. Design Criteria: Beach enhancement projects shall be designed so that the project WILL NOT: a. Detrimentally interrupt littoral drift, or redirect waves, current or sediments to other shorelines; b. Result in any exposed groin-like structures; EXCEPT: Small "drift sill" groins may be used as a means of stabilizing restored sediment where part of a well planned beach enhancement program; c. Extend waterward more than the minimum amount necessary to achieve the desired stabilization; d. Result in contours sufficiently steep to impede easy pedestrian passage, or trap drifting sediments (a 5: 1 slope is generally recommended; a 4: 1 slope is a minimum); e. Create "additional dry land mass"; and f. Disturb significant amounts of valuable shallow water fish/wildlife habitat, unless such habitat is immediately replaced by new habitat that is comparable or better. 6. Construction Standards: a. The size and/or mix of new materials to be added to a beach shall be adjusted to the local wave climate for maximum percolation and stability (generally similar to that of the natural beach sediment, but large enough to resist normal current, wake or wave action at the site). b. The restored beach shall approximate, and may slightly exceed, the natural beach width, height, bulk or profile (but not so much as to obviously create additional dry land mass). c. Where foreshore sediments containing marine plants or organisms are to be covered by beach enhancement materials: The top layer (approx. 6") shall first be removed just prior to covering, carefully protected, and then added to the top of the new beach material whenever feasible. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 11 FIGURE 6-1 TYPICAL BEACH ENHANCEMENT PROJECT ....- -. .-. ., ': ~:::.:~ ~~.. ~t?~b.:i-;!;::\ ~ :.. or "':.. -,' ;::~c ::;C~~ cY. . ..-=::..~__~~;-:\ - -<~;:[~=-=; 1 ... - ...~~ ... -., ". :~:--: .: .--~ ff ' : i....---:. ... J ~ ,:~!:::7f i ~ ....:.=.. ; ./ t) l ~ I c: "6>> c: w Q) c E ::J CD OJ ~ i ~ \") " _It !! ~ ~ \A ~ " I~ cu~ ~ ~ ~ ~( ~ -< - ~ V"~ & ~. o Ie ~ l o m - ~b.....It I ~ 8 I ! ~ -0 " C"\ I. i ~~ ~I ~~ ~i ~i ,C( t~ ~ ~ ~ r< ~ ~ .-... " SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 12 BREAKWATERS, JETTIES, ROCK WEIRS AND GROINS Applicability Breakwater: A protective structure usually built off shore to protect harbor areas, moorages, navigation, beaches and bluffs from wave action. Breakwaters may be fixed (e.g., rubble mound or rigid wall), open-pile or floating. Jetty: A structure generally built singly or in pairs perpendicular to the shore at harbor entrances or river mouths to prevent the shoaling or accretion of littoral sand drift. Jetties also protect channels and inlets from storm waves and cross-currents. Rock Weir: An obstruction or dam placed in a stream to raise the water, divert it into a millrace or irrigation ditches, etc. 1 Groin: A wall-like structure built seaward perpendicular to the shore for the purpose of building or preserving an accretion beach by trapping littoral sand drift on the updrift side. Groins are generally narrow and of varying lengths, and may be built in a series along the shore. (Groins are built to preserve and promote accretion along stretches of shoreline, while jetties are built to prevent accretion near channels and/or inlets.) In addition to the general Shore Modification policies, breakwaters, jetties, rock weirs and groins shall comply with the following policies and regulations: Policies 1. Breakwaters: Encourage the use of breakwaters which are open-pile or floating structures anchored in place so as not to impede longshore sand and gravel transport and fish movement, rather than solid breakwaters. 2. Jetties: Discourage jetties, because they partially or totally block shore processes, are irreversible in nature and require an on-going and costly dredging or beach feeding program to alleviate erosion or accretion problems. ISource: Funk & Wagnalls Standard College Dictionary, 1977. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 13 3. Rock Weirs and Groins: Allow rock weirs and groins where designed as part of a larger planned system intended to minimize the overall need for shore modification activities. Discourage rock weirs and groins which purposefully trap and accrete beach forming materials but may erode downdrift beaches or banks, having adverse effects on other shore resources and users. 4. Public Access: Include public access or multiple use opportunities in the design of breakwaters, jetties and groins to increase public use and enjoyment of the shorelines where such access is safely compatible with the structures. Regulations 1. Prohibited: a. Breakwaters, jetties, rock weirs and groins: I. In lakes; II. Which would result in a net adverse impact on adjacent and nearby properties and shorelines; b. Groins: For the purpose of gaining access across tidal areas to deep water, UNLESS integral to a public access project. 2. Notification Requirement for Groins, Jetties and Solid Breakwaters: Applicants shall notify by registered mail all shoreline landowners within the same drift sector, or if it is not possible to determine the drift sector, within a one (1) mile of the project proposal. 3. Breakwaters: a. Breakwaters shall only be permitted by Conditional Use Permit for navigational purposes, industrial activities and marinas as integral components of a harbor, marina or port, where water-dependent uses are located seaward of the existing shoreline or shore protection from strong wave action is essential. b. The location of a breakwater shall not render the remaining open water surface unusable by the public. c. Open-pile or floating breakwaters shall be the only type allowed unless it can be shown that solid breakwaters will have no adverse effect on the aquatic biology and shore processes. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 14 4. Jetties, Rock Weirs and Groins: a. Allowed subject to approval of a Conditional Use Permit ONLY for navigational purposes, industrial activity, marinas, erosion control, fisheries or habitat enhancement, and public beach management as integral components of an overall resource management plan. b. Groins are prohibited for the purpose of gaining access across tidal areas to deep water unless integral to a public access project. c. Breakwaters, jetties and groins shall be designed to minimize impediments to navigation and to visual access from the shoreline. 5. Design: a. Proposed designs for new or expanded breakwaters, jetties, rock weirs and groins shall be designed by and so certified by a registered civil engineer. b. The design of breakwaters, jetties, rock weirs and groins shall conform to all applicable requirements established by the State Departments of Fisheries and Wildlife and the U.S. Army Corps of Engineers. c. Floating breakwaters shall be used in place of solid, rubble mound types wherever they can withstand anticipated wave action, in order to maintain sand movement and protect fish and aquatic habitat. d. Breakwaters, jetties, rock weirs and groins shall be designed to be visually compatible with their surroundings. e. Public Access: New breakwaters, jetties rock weirs and groins shall incorporate provisions for public access, such as sightseeing and public fishing, if it is determined such access is feasible and desirable. 6. Beach Maintenance: The effect of proposed breakwaters, jetties, rock weirs, and groins on sand movement shall be evaluated during permit review. The beneficiaries and/or owners of large scale shore modification works which substantially alter, reduce or block littoral drift and cause new erosion of downdrift shores shall be required to establish and maintain an adequate long term beach feeding program as follows: a. Breakwaters, Rock Weirs and Groins: By artificial beach feeding. b. Jetties: By artificially transporting sand to the downdrift side of the inlet. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 15 BULKHEADS AND SEAWALLS Applicability Bulkhead: A wall usually constructed parallel to and near the shore, whose primary purpose is to contain and prevent the loss of soil caused by erosion and wave action. Bulkheads are used to protect bluffs by retaining soil at the toe of the slope or by protecting the toe from erosion and undercutting. Bulkheads may also be used to protect the perimeter of a fill often associated with single family and other developed properties. Bulkheads are typically constructed of poured-in-place precast concrete, steel or aluminum sheet piling, wood, or wood and structural steel combinations. Bulkheads may either be thin structures penetrating deep into the ground (e.g. sheet piling - Figure 6-2) or more massive structures resting on the surface (e.g. sand or grout-filled bags - Figure 6-3). Seawall: Structure separating land and water areas primarily to prevent erosion and other damage by wave action. Generally more massive and capable of resisting greater wave forces than a bulkhead. In addition to the general Shore Modification policies, bulkheads and seawalls shall comply with the following policies and regulations: Policies 1. Purpose: a. Allow bulkheads only where it is demonstrated that natural shore modification methods (e.g. protective berms, beach enhancement or vegetative stabilization) are unworkable to prevent damage to existing development. b. Generally discourage construction of bulkheads to protect feeder bluffs, particularly in areas not already developed or not already subject to shoreline modification. c. Deny approval for bulkheads as a solution to geo-physical problems (e.g. mass slope failure, sloughing, landslides) caused by factors other than bank erosion. 2. Impacts: Evaluate the cumulative effects of allowing bulkheads along segments of shoreline, including scenic and aesthetic effects, prior to granting individual permits or exemptions. 3. Design: SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 16 Design bulkheads to not interfere with public access to publicly owned shorelines, to the water's surface, or to other appropriate shoreline and water uses such as navigation, seafood harvesting or recreation. Regulations 1. Single Family Permit Exemption: The construction of a normal protective bulkhead common to an existing single family residence is exempt from the Substantial Development Permit requirement (see definition of Substantial Development). To qualify for the substantial development permit exemption, a Statement of Exemption shall be obtained from the City before commencing construction. 2. Prohibited: a. For the primary purpose of retaining a landfill proposed in conjunction with a non-water-oriented or non-public use. b. For any purpose when the bulkhead/seawall will cause significant adverse erosion or beach starvation. 3. Criteria for Approval: Bulkheads/seawalls may be allowed only when the following conditions apply: a. Wave erosion threatens one of the following: I. An established use or existing building(s) on upland property that is consistent with this Master Program; OR II. A vacant parcel or nonconforming use or activity, subject to approval of a Conditional Use Permit; b. AND: I. All alternatives are unworkable, including: use relocation; use design; the use of natural materials and processes; non-structural shore modification options; and revetments; II. The bulkhead/seawall is not located on a shore where valuable geo- hydraulic or biological processes are sensitive to interference and critical to shoreline conservation (e.g. feeder bluffs, marshes, wetlands or accretion shoreforms such as spits, hooks, bars or barrier beaches); III. Local physical conditions such as foundation bearing material, surface and subsurface drainage are suitable for such alterations; and SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 17 IV. If the bulkhead/seawall is for the primary purpose of retaining a landfill: The proposal is in conjunction with a water-dependent or public use. 4. Location: On all shorelines, bulkheads/seawalls shall be located landward of the OHWM, landward of protective berms (artificial or natural), and generally parallel to the natural shoreline. IN ADDITION: a. Marine Accretion Beaches: Bulkheads/seawalls shall be set back a minimum of twenty-five (25) feet landward of the OHWM, shall not extend waterward of OHWM, and shall parallel the natural shoreline; EXCEPT: On sloping or bluff/cliff shore, bulkheads shall be placed as far landward of the OHWM as is feasible. (See Figure 6-2.) b. Driftways and Lake Shores Subject to Erosion: Bulkheads/seawalls shall be located within one (1) foot of the bank toe and shall generally parallel the natural shoreline. (See Figure 6-3.) c. On Bluff or Bank Shorelines with no Adjacent Bulkheads/Seawalls: Bulkheads/seawalls shall be as close to the bank as possible and in no case shall be more than three (3) feet from the toe of the natural bank. d. A bulkhead/seawall for a permitted landfill shall be located at the toe of the fill. e. Bulkheads/seawalls may tie in flush with existing bulkheads/seawalls on adjoining properties. I. EXCEPTION: Where an adjoining bulkhead/seawall extends waterward of the OHWM or the toe of the bank or permitted landfill, the location requirements of Regulation #4.a., #4.b., and/or #4.c. shall apply. II. If there is an existing bulkhead/seawall on only one of the adjacent properties, the proposed bulkhead/seawall may tie in flush with the adjacent bulkhead/seawall at or landward of the OHWM and minimize the land area waterward of the required setback. However, the required setback shall be met on the side not abutting an existing bulkhead/seawall. f. Replacement bulkheads/seawalls shall be located no further waterward of the existing bulkhead than is necessary for construction of new footings, EXCEPT where the existing bulkhead has not been backfilled or has been abandoned and is in serious disrepair. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 18 g. The base of the bulkhead/seawall shall rest upon the in-situ foreshore platform/shelf below the littoral drift material. 5. Design: a. Bulkheads/seawalls shall be sited and designed consistent with appropriate engineering principles. Professional geologic site studies or design may be required for any proposed bulkhead if the City determines sufficient uncertainties exist. Grounds for such determination shall be inadequate information or expertise on local physical features and/or potential damage to other shoreline properties and features. b. Bulkheads/seawalls shall be designed for the minimum dimensions necessary to adequately protect the development. c. Stairs or other permitted structures may be built into a bulkhead but shall not extend waterward of it. d. Bulkheads/seawalls shall be designed to permit the passage of surface or ground water without causing ponding or saturation of retained soil/materials. e. Adequate toe protection (i.e. proper footings, a fine retention mesh, etc.) shall be provided to ensure bulkhead stability without relying on additional riprap. I. Sheetpiling and precast concrete slabs with vertical waterward faces shall include adequate tiebacks and toe protection. 6. Construction Materials: Materials used in bulkhead/seawall construction shall meet the following standards: a. Bulkheads/seawalls shall utilize stable, non-erodible, homogeneous materials (e.g. concrete, wood, rock riprap or other suitable materials) which will accomplish the desired end with the maximum preservation of natural shoreline characteristics. b. Beach materials shall not be used for fill behind bulkheads/seawalls except clean dredge spoil from a permitted off site dredge and fill operation. 7. Public Access: When a bulkhead/seawall is required at a public access site, provision for safe access to the water shall be incorporated into bulkhead design. 8. Related Permits: SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 19 Bulkhead/seawall design and development shall conform to all other applicable state agency policies and regulations, including the Department of Fisheries criteria governing the design of bulkheads. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 20 FIGURE 6-2 BULKHEADS CONSTRUCTED OF THIN SHEET PILING WITH DEEP FOOTINGS Vegetation Topsoil Sheet Piling Fill Toe Protection FIGURE 6-3 BULKHEADS OF MASSIVE STRUCTURE RESTING ON SAND OR GROUT FILLED BAGS r J I I / 1 J Drain Pipe Vegetation Topsoil Filled Bags Gravel Filter Toe Protection SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 21 FIGURE 6-4 BULKHEAD SETBACK MINIMUM ALONG MARINE ACCRETION BEACHES ~~.~'U ,.~ v~ ~r~;ttfh:;~~~ ~~., I '\ 'G~p. J~ ~~ ~ L\' r/,.I '~i~,~~ vt1 :' '~4 Vi. A . . V ' lti0~')' ((1 , \ \,' I fI~tu~: 1!(~"').~' I ~ .. ~~"" tt '~' ~~: ~\llr!'''(I,II\\f.(t.. - 'e " ::-.........~~ '~...-' ,I rffjl~'/i~ . ~', 1 "W~,~~~ ,~,: y'!~~.{/:r1~l:'I:/;i~"'~'i::'~~:.,;,;\,-1c~;;' . -", "', ,~.--.. '~:. '/ftr!"t,.}.~. I I' ',. .~. :r . , . 'c::r~ ,. ~Ijf ji.:.i l,P, 'I r ~r.' , ". ~_.: : .:":;::::/~~~J ~'~{j1 ~l~<~~~:3;:i';~<;' . ~ ~ -"~)'" ",.. ' . ~:'~'1:)fQt~';B ~ ' e' :;:,';71':: /1. .:::..~~~4' -""'.A'.. ' :~'. ::-'~:~Kr5?-"'.'~ .:'~, - ~, . -- - -~ .~ '. " .:. _..~O- r"'- 1:: [=-. hrrn., . ;=_~~. _' _'~"~.?,,- . .".,'_"\.':~.'~:.';~ a;~~. .. ~,~ . . -. ~--~-=- ~::.... h -:':.. ~ .~~ . . .A\~~'''''''' -.. . .. -:: - -- . '---.. ~ ~~~c'f. - - " ,.rz;~S0\.'O ~ Vegetation Topsoil Fill Untreated Log Bulkhead Gravel Filter Toe Protection FIGURE 6-5 RECOMMENDED LOCATION OF BULKHEADS ALONG DRIFTWA YS AND LAKESHORES Vegetation Topsoil Fill Untreated Log Bulkhead Gravel Filter Toe Protection SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 22 CLEARING Applicability Land clearing: The removal of trees or vegetation prior to developing property for commercial, industrial, public, quasi-public and multi-family dwelling uses, and residential subdivisions. Goal Retain the natural vegetation along all shoreline areas, wherever possible. In addition to the general Shore Modification policies, land clearing activities shall comply with the following policies and regulations: Policies 1. Prior to shoreline development, major vegetation areas should be identified and retained where possible. 2. In significant view and vista areas, selective vegetation removal to allow greater visual access should be considered. Regulations 1. Applications for shoreline development shall include a general inventory of vegetation within two hundred (200) feet of the Ordinary High Water Mark, showing trees greater than 4" in diameter, measured 3'-0" from grade, and significant stands of shrubs and groundcovers. 2. The vegetation inventory shall be used to site all structures, parking areas, or circulation elements, in order to minimize vegetation loss. 3. In instances where extensive vegetation removal is necessary, the erosion control and vegetation restoration plan shall include the following: a. A description of erosion measures to be taken. b. A planting plan for the disturbed area, specifying all plant sizes, types and quantities. c. Review and approval of the plan by the City Department of Community Development and Engineering Department. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 23 DREDGING Applicability Dredging: The removal of earth from the bottom of a stream, river, lake, bay or other water body for the purposes of deepening a navigational channel. Goal Improve navigation, public safety and recreational opportunities, and to improve aquatic quality. In addition to the general Shore Modification policies, dredging activities shall comply with the following policies and regulations: Policies 1. Dredging, where permitted, should be conducted in a manner to protect the shoreline environment and aquatic life. 2. Dredging of bottom materials for the single purpose of obtaining fill materials should not be allowed. 3. Dredging projects should provide an acceptable plan for the disposal of dredge spoils. Regulations 1. Dredging spoils shall be deposited upland, and measures taken to prevent erosion of the deposited material. If the deposit area is on the shoreline, a vegetation inventory shall be required, consistent with the land clearing section of the Master Program. 2. Spoil deposit sites in water areas shall be identified with the cooperation of the State Departments of Natural Resources, Game and Fisheries. 3. Depositing of dredge materials in water areas shall be allowed only for habitat improvement, to correct problems of material distribution adversely affecting fish and shellfish resources, or where the alternatives of depositing materials on land is more detrimental to shoreline resources than depositing it in water areas. 4. When dredging is allowed, the following and any other information deemed necessary shall be required: a. An analysis of material to be dredged; b. Time of dredging; SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 24 c. Method of dredging and disposal; d. Location and stability of bedlands adjacent to proposed dredging area. e. Location, size, capacity, and physical characteristics of spoils disposal area. 5. Depositing of dredge material in water areas shall be allowed only at approved disposal sites. 6. Maintenance dredging for approved dredged areas shall be permitted only to the limits originally allowed. 7. Dredging of a lake bottom shall be permitted only when approved by the appropriate agencies. 8. Dredging of bottom materials for the single purpose of obtaining fill material is not allowed. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 25 FLOOD MANAGEMENT Applicability Flood management: Actions taken to prevent or mitigate damage due to flooding. Flood management projects or programs may include physical and/or regulatory controls, including dikes, dams, lakes, engineered floodways, bioengineering, and land use management (e.g. planning and zoning). Flood management also includes repair and maintenance of flood control systems if the systems are enlarged or otherwise modified. Dikes and levees: Constructed earthen embankments for the purpose of flood control. In addition to the general Shore Modification policies, flood management activities shall comply with the following policies and regulations: Regulations 1. Flood management diking shall be landward of the floodway base (100-year frequency) flood and any marshes, bogs or swamps associated or directly interrelated and interdependent with the river. 2. Dikes and levees shall be limited in size to the height required to protect adjacent lands from the predictable annual flood. 3. Public Access: Linear public access shall be provided when the City determines such access to be in the public interest. Improved trail systems are preferred. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 26 GRADING AND DRAINAGE Applicability Grading: The physical manipulation of the earth's surface and drainage pattern related to the surface movement of water across the land. Goal Minimize erosion and sedimentation into shoreline water bodies. In addition to the general Shore Modification policies, grading and drainage activities shall comply with the following policies and regulations: Policies 1. The quantity and velocity of drainage from newly developed property should not be increased as it flows across adjacent private property. 2. When and where soil conditions permit, all drainage should be reintroduced back into the soil through the use of accepted and appropriate methods. 3. Newly disturbed or excavated construction sites should utilize appropriate drainage control measures to insure that soil erosion or bank destabilization does not occur. 4. In developments that require the creation of large areas of impervious surface, drainage should be held on site and released at a rate that is comparable to its pre- developed state, where practical. Regulations 1. Large impervious surfaces shall incorporate and maintain filter sumps to retard pollutants from entering shoreline areas. 2. Drainage from excavated construction sites must be checked in a manner that will preclude sedimentation into adjacent shoreline areas. Sediment basins, holding ponds, or check dams will be considered as possible control measures. 3. Applications for development shall contain a statement regarding grading and drainage indicating the methods to be utilized to ensure that development will not cause the quantity and velocity of drainage to increase as it flows across adjacent private property and that soil erosion or bank destabilization will not occur. 4. Large impervious surfaces shall incorporate a retention system which will release drainage at a rate that is comparable to the pre-development state where determined practicable. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 27 LANDFILL Applicability Landfill: The creation of dry upland areas by the filling or depositing of sand, soil, or gravel. Goal Discourage the use of landfilling on the shoreline, and, where it is permitted, assure that it does not destroy the natural character of the land, create unnaturally heavy erosion or silting problems, or diminish the existing water surface. In addition to the general Shore Modification policies, landfill activities shall comply with the following policies and regulations: Policies 1. Shoreline fills or cuts should be designed and located so that there will be no significant damage to existing ecological systems or natural resources, and no alteration of local currents which would result in a hazard to adjacent life, property, and natural resources systems. 2. Give priority to landfills for water-dependent uses and for public uses. In evaluating fill projects, the following factors will be considered: a. Conflict with potential and current public use of the shoreline and water surface area, total water surface reduction, navigation restriction, impediment to water flow and drainage, reduction of water quality, and destruction of habitat. b. The overall value of the landfill site in its present state versus the proposed shoreline use to be created. 3. Design landfills and associated uses to enhance public access to the shoreline and water body. Where existing public access is reduced, greater public access shall be provided as part of the development project. Regulations 1. All perimeters of fills shall be provided with vegetation, retaining walls, or other mechanisms for erosion prevention. 2. Fill materials shall be such that they will not cause water quality problems. Shoreline areas are not to be considered for sanitary landfills, or the disposal of solid waste. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 28 3. Landfills below the Ordinary High Water Mark shall be limited to those needed for shoreline protection and for use activities related to the shoreline which are dependent upon such landfills: PROVIDED, that landfills expected to have an adverse effect upon navigation, natural systems, or adjoining properties are prohibited. 4. Applications which include landfills shall include the following information: a. Physical, chemical and biological character of landfill material; b. Source of landfill material; c. Method of placement and compaction; d. Type of proposed surfacing; e. Method of perimeter erosion control; and f. Proposed use of fill area. g. Any other information deemed necessary. 5. Landfills are permitted only when the proposed use for the site is water-dependent and other structural and upland solutions have been determined to be infeasible; EXCEPT: Landfills expected to have an adverse effect upon navigation, natural systems, or adjoining properties are prohibited. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 29 REVETMENTS Applicability Revetment: A sloped shoreline facing built to protect an existing eroding shoreline or newly placed fill against waves, wakes, currents, or weather. Revetments are most commonly built of randomly placed boulders (riprap), but may also be built of sand-cement bags, paving or building blocks, gabions (rock filled wire baskets), or other systems and materials. The principal features of a revetment, regardless of type, are: heavy armor layer; filter layer; and toe protection. Riprap: Large quarry rock used as building material in construction of "rip-rap" revetments, seawalls or jetties. In addition to the general Shore Modification policies, revetments shall comply with the following policies and regulations: Policies 1. Purpose: Limit the use of armored structural revetments to situations where non-structural solutions, such as bioengineering,2 setbacks, and buffers or any combination therefore, will not provide sufficient shoreline stabilization. 2. Design: a. Combine bioengineering techniques with armored revetments where feasible. b. Where armored revetments will be impractical, costly and ineffective, consider revetments that are particularly adaptive to conditions, ranging from jetted willow poles, piling revetments, jacks, brush mats and others. c. Design, improve and maintain revetments to provide public access whenever possible. 2Bioengineering is the preferred "best practices" choice when considering shoreline stabilization. Soil "bioengineering" is a technology which involves restoration of altered or threatened shorelines to reestablish a native plant community as a dynamic system that stabilizes the land from the effects of erosion. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 30 3. Mitigation: Require mitigation if loss of riparian vegetation and habitat occurs through construction and/or maintenance of revetments. 4. Existing Revetments: Encourage enhancement of existing riprap shorelines to restore lost riparian/shoreline habitat and public values. Regulations 1. Environment-Specific Requirements: Revetments are only permitted subject to approval of a Conditional Use Permit in the Conservancy, Kitsap Lake, Kitsap Lake Wetlands, and Tracy ton Beach Natural System environments. 2. Siting and Design: a. When permitted, the siting and design of revetments shall be performed using appropriate engineering principles, including guidelines of the U.S. Soil Conservation Service and the U.S. Army Corps of Engineers. b. When permitted, bank revetments shall be placed at the extreme edge or bank of the shoreline. c. Where armored revetment is employed the following design criteria shall be met (see Figure 6-7): I. The size and quantity of the material shall be limited to only that necessary to withstand the estimated energy intensity of the hydraulic system; II. Filter cloth must be used to aid drainage and help prevent settling; and III. The toe reinforcement or protection must be adequate to prevent a collapse of the system from river scouring or wave action. SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 31 FIGURE 6-6 TYPICAL GABION CONSTRUCTION ; I . . Vegetation Topsoil Gabion mat (rock fifled) Sand Fill Toe Protection FIGURE 6-7 EXAMPLES OF DESIGN CRITERIA FOR RIPRAP REVETMENTS Vegetation Topsoil Riprap Filter Cloth Toe Protection SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 32 SMP SHORE MODIFICATION ACTIVITY POLICIES & REGULATIONS 6 - 33 Chapter 7 ADMINISTRATION AND ENFORCEMENT A. SHORELINE DEVELOPMENT AND PERMITS 1. Applicability The Bremerton Shoreline Master Program applies to development activity along certain shorelines within the incorporated city limits of Bremerton, including: Puget Sound, Kitsap Lake, Kitsap Lake Wetlands, Twin Lakes, Union River, and Union Reservoir. The program also applies to development activity that occurs within the wetlands associated with these water bodies -- all of Kitsap Lake Wetlands, and the uplands within 200 feet landward of these water bodies, measured from the Ordinary High Water Mark (OHWM). The program applies only to development projects, or portions of development projects, within these areas. While development on adjacent lands does not require a shoreline permit, it must be consistent with Master Program requirements for shoreline development. Where a substantial development is located partly inside the shoreline and partly on adjacent lands, the shoreline permit covers the total project action as defined by the State Environmental Policy Act (SEPA). The permit will include conditions on development located on adjacent lands when necessary to mitigate adverse impacts on the shoreline caused by the development. 2. Development Activity that Requires a Permit State law requires that all substantial development occurring within the state's shorelines obtain a shoreline substantial development permit before construction is undertaken. There are several exceptions, which are listed in under substantial development in Chapter 8 - Definitions. While exceptions do not require a shoreline substantial development permit, all development activity in the shoreline area must be consistent with the Shoreline Management Act (RCW.90.58) and the Bremerton Shoreline Master Program.3 3. Statement of Exemption Whenever a development is exempt from the requirement to obtain a Substantial Development permit, and the development is subject to a U.S. Corps of Engineers Section 10 Permit under the Rivers and Harbors Act of 1899, or a Section 404 Permit under the Federal Water Pollution Control Act of 1972, the City shall issue a Letter of Exemption consistent with WAC 173-27-050 before development will be permitted to proceed. 3Exemption from Substantial Development Permit requirements does not constitute exemption from the policies and use/activity regulations of the Shoreline management Act, the provisions of this Master Program, and other applicable City, State or Federal permit requirements. SMP ADMINISTRATION AND ENFORCEMENT 7 - 1 4. Nonconforming Development Nonconforming development may be continued provided it conforms to requirements in Bremerton Zoning Code Chapter 21.54 BMC relating to nonconforming development. 5. Restrictions Affecting Fair Market Value of Property The restrictions imposed by this Shoreline Master Program shall be considered by the County Assessor in establishing the fair market value of the property. (RCW 90.58.290) B. TYPES OF SHORELINE PERMITS 1. Substantial Development Permit a. Substantial Development Permits (SDPs) are issued for substantial development activities that are classified as "Permitted Uses" by the Bremerton Shoreline Master Program. b. The Shoreline Use/Activity Matrix (Table 3-1) lists the permitted uses for each portion of Bremerton's shorelines. c. According to State law, Substantial Development Permits can only be granted if the proposed development is consistent with the policies and procedures of the Shoreline Management Act, the provisions of WAC 173-27, and the City of Bremerton's Shoreline Master Program. (WAC 173-27-150) 2. Conditional Use Permit a. Conditional Use Permits (CUPs) are issued for proposed substantial development activity when the activity is classified as a Conditional Use in the Shoreline Use/ Activity Matrix (Table 3-1). The purpose of the Conditional Use Permit is to allow greater flexibility in the application of the Shoreline Master Program. b. Development activity considered a Conditional Use may be authorized if all of the criteria in WAC 173-27-160 are met. The criteria include: I. The proposed use is consistent with RCW 90.58.020 and the policies of Bremerton's Shoreline Master Program; II. The proposed use will not interfere with the normal public use of public shorelines; III. The proposed use of the site and design are compatible with other permitted uses in the area; SMP ADMINISTRATION AND ENFORCEMENT 7 - 2 IV. The proposed use will cause no unreasonable adverse effects to the shoreline environment; and v. The public interest will suffer no substantial detrimental effect. c. Uses that are specifically prohibited by the Shoreline Master Program cannot be authorized. d. In addition, when considering the application, consideration must be given to the cumulative impact of additional requests for similar actions in the area.4 e. After the City makes a final decision on a Conditional Use Permit, the permit and application must be reviewed and approved by the State Department of Ecology. 3. Variance Permit a. State law allows the granting of relief from specific bulk, dimensional or performance standards in the shoreline program. Relief can only be granted when there are ".. .extraordinary or unique circumstances relating to the property such that strict implementation of the Master Program will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020." b. The criteria that must be met before a Variance permit can be granted are found in WAC 173-27-170. The criteria include: I. The strict application of the bulk, dimensional, or performance standards would preclude or significantly interfere with the reasonable use of the property not otherwise prohibited by the Shoreline Master Program; II. The hardship is specifically related to the property, and is the result of unique conditions such as lot shape, size or natural features, and the application of the Shoreline Master Program; III. The project design is compatible with other permitted uses in the area, and will not cause adverse effects to adjacent properties or the shoreline environment; IV. The Variance will not constitute a grant of special privilege, and is the minimum necessary to afford relief; v. The public interest will suffer no substantial detrimental effect; and VI. If the development is waterward of the ordinary high-water mark, the public rights of navigation and use of the shorelines will not be adversely affected. 4In other words, if comparable developments were permitted by CUP in the area where similar circumstances exist, the total of the developments must also be consistent with the SMA and must not produce substantial adverse effects to the shoreline environment. SMP ADMINISTRATION AND ENFORCEMENT 7 - 3 c. After the City of Bremerton makes a final decision on a variance permit, the permit and application must be reviewed and approved by the State Department of Ecology. c. PERMIT APPLICATION 1. Application Form: Any person requesting a permit for substantial development upon the shorelines abutting or within the boundaries of the City shall file an application therefore with the Department of Community Development. The application shall be made on forms prescribed by the department. Applications shall be accompanied by an application fee as provided for in Chapter 3.01 BMC. The application shall contain the information as required pursuant to WAC 173-27-180 as currently enacted and hereinafter amended. The application shall be dated and signed by the applicant or his or her representative. 2. Review Process: The procedure for processing shoreline permits is as follows: a. Shoreline Substantial Development Permit: The permit application will be processed as a Type II permit pursuant to the City's permitting process for land use applications as set forth in Title 20.02 BMC and as otherwise required by Chapter 90.58 RCWand Chapter 173-27 WAC and approved, approved with conditions, or denied by the Director of Community Development. See WAC 173-26- 190(e)(iii)(c) and 173-26-290(e)(iii)(c) for authority of local governments to adopt administrative permit review and enforcement procedures separate from the Shoreline Master Program in order to integrate these procedures with other permitting and enforcement procedures. b. A Shoreline Conditional Use Permit or Variance Permit: The permit application will be processed as a Type III permit pursuant to the City's permitting process for land use applications as set forth in Title 20.02 BMC and as otherwise required by Chapter 90.58 RCW and Chapter 173-27 WAC and approved, approved with conditions, or denied by the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. SMP ADMINISTRATION AND ENFORCEMENT 7 - 4 3. Notice: a. As specified in WAC 173-27-110(2), a notice of application shall be provided within fourteen (14) days after determination of completeness as provided in RCW36.70B070 and WAC 173-27-180. b. As specified in WAC 173-27-110(3), a notice of hearing shall be provided at least fifteen (15) days prior to the public hearing on an application. c. Except as otherwise provided for herein, all notices for shoreline permits shall be provided in the same manner as other Type II and Type III land use permit applications as set forth in Chapter 20.02 BMC and as otherwise required by Chapter 90.58 RCWand Chapter 173-27 WAC. d As specified in WAC 173-27-110(4)(a) a public notice shall be mailed to landowners located within at least three hundred (300) feet of the boundary of the property; e. As specified in WAC 173-27-110(2)(e) a public review period of thirty (30) days from the final date that the public notice is published in the newspaper shall be provided. 4. Washington State DOE Review a. As noted earlier, Conditional Use and Variance Permits must also be approved by the Department of Ecology. b. Construction, use or activity of the proposed project is not authorized sooner than twenty-one (21) days from the date of filing with the Department of Ecology as set forth in RCW 90.58.140(5)(c). 5. Duration of Permits The duration of permits shall be as set forth in WAC 173-27-090 as currently enacted and hereafter amended. WAC 173-27-090 provides that upon a finding of good cause, the City may adopt appropriate time limits for action on a substantial development permit and, with the approval of the Department, may adopt appropriate time limits for action on a conditional use or variance permit. "Good cause," based on the requirements and circumstances of the project, shall mean that the time limits established are reasonably related to the time actually necessary to perform the development on the ground and complete the project that is being permitted and/or are necessary for the protection of shoreline resources. When specific time limits for action are not established for a permit, the following time limits apply: a. Time limit for Construction, Use or Activity : Construction, use or activity must begin within two (2) years of the effective date of a shoreline permit (WAC 173-27-090) SMP ADMINISTRATION AND ENFORCEMENT 7 - 5 b. Extension for Construction, Use or Activity: The City may at its discretion, extend the two-year time period for the construction, use or activity by a single extension not to exceed one (1) year based on reasonable factors if the request for an extension is filed before the expiration date and notice of extension is given to all parties of record and the Department. c. Five Year Permit Authorization: Authorization to conduct development activities shall terminate five (5) years after the effective date of the shoreline permit. The City may authorize a single extension not to exceed one (1) year based on reasonable factors if a request for extension is filed before the expiration date and notice of the extension is given to all parties of record and the Department. (WAC 173-27-090) D. REVISION OF PERMITS Revisions to shoreline permits are processed as Type II permits pursuant to the City's permitting process, BMC Chapter 20.02. A shoreline permit may be revised pursuant to WAC 173-27-100 as currently enacted and as hereafter amended. WAC 173-27-1 00 provides that when an applicant desires to revise a permit, the applicant must submit detailed plans and text describing the proposed changes. If the Director of Community Development determines that the revisions are within the scope and intent of the original permit and are consistent with the Shoreline Master Program, the Director may approve the revision. "Within the scope and intent of the original permit" means: 1. No additional over-water construction is involved, except that pier, dock or float construction may be increased by five hundred (500) square feet or ten percent, (10%) from the provisions of the original permit, whichever is less; 2. Ground area coverage and height may be increased a maximum of ten percent (10%) from the provisions of the original permit; 3. The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of the Shoreline Master Program except as authorized under a variance granted as the original permit or a part thereof; 4. Additional or revised landscaping is consistent with any conditions attached to the original permit and with the Shoreline Master Program; 5. The use authorized pursuant to the original permit is not changed; and 6. No adverse environmental impact will be caused by the project revision. If the sum of the proposed revision and any previously approved revisions do not meet the criteria above, an application for a new shoreline permit must be submitted. If the revision involves a SMP ADMINISTRATION AND ENFORCEMENT 7 - 6 Conditional Use or Variance which was conditioned by the Department of Ecology, the revision also must be reviewed and approved by the Department of Ecology (see WAC 173-27-100). E. APPEALS 1. Type II Decisions. Director of Community Development Type II decisions on Substantial Development Permits and revisions to shoreline permits may be appealed to the Administrative Hearing Examiner pursuant to Chapter 20.02 BMC within fourteen (14) calendar days of the date of the decision. In lieu of an appeal to the Administrative Hearing Examiner, an appeal of the local shoreline permit decision may be filed directly with the Shorelines Hearings Board (SHB) by filing a Petition for Review within twenty- one (21) calendar days of the date of filing of the decision with the Department of Ecology and the Attorney General pursuant to RCW 90.58.180(1). 2. Type III Decisions and Decisions on Appeal. Administrative Hearing Examiner Type III decisions and decisions on appeal of Type II decisions may be appealed to the SHB by filing a Petition for Review within twenty-one (21) calendar days of the date of filing of the decision with the Department of Ecology and the Attorney General pursuant to RCW 90.58.180(1), and BMC Chapter 20.02. 3. Shoreline Master Program Adoption and Amendments. The decision of the Department of Ecology pertaining to the adoption of, or amendment to, the Shoreline Master Program may be appealed to the Central Puget Sound Growth Management Hearing Board per Chapter 36.70A RCW. F. ENFORCEMENT 1. Violation-Penalty. A person who fails to conform to the terms of substantial development permit, conditional use permit or variance issued under the Shoreline Master Program, who undertakes a development or use on shorelines of the state without first obtaining a permit, or violates any other provision of the Shoreline Master Program, or who fails to comply with a cease and desist order issued or notice of violation under Chapter 1.04 BMC may be subject to enforcement and penalties as follows: a. Any violation, as noted above, constitutes a civil violation under Chapter 1.04 BMC, as currently enacted or hereinafter amended, for which a monetary penalty may be assessed and enforcement may be required as provided therein. b. In addition to or as an alternative to any other penalty provided herein or by law, any person who commits a violation, as noted above, shall be guilty of a gross misdemeanor pursuant to RCW 90.58.220. SMP ADMINISTRATION AND ENFORCEMENT 7 - 7 In lieu of or in addition to the above, the City may utilize the enforcement procedures and remedies, including requiring appropriate correction action, contained in WAC 173-27-240 through 173-27-300.6 6 WAC 173-27-240 authorizes local governments to utilize its enforcement procedures and utilize the provisions of Chapter 173-27 WAC through 173-27-300 in addition to these enforcement procedures. SMP ADMINISTRATION AND ENFORCEMENT 7 - 8 Chapter 8 DEFINITIONS As used herein, the following words and phrases shall have the following meanings.1 Accessory Use: A use that is demonstrably subordinate and incidental to the principal use and which functionally supports its activity. Act: The Shoreline Management Act of 1971, Chapter 90.58 RCW. [WAC 173-27-030(1)] Adjacent Lands: Those lands immediately adjacent to and abutting lands under shoreline permit jurisdiction, extending landward to the extent necessary to control direct and significant impacts to shorelands and to implement the management policy articulated in the Act, the Department of Ecology guidelines, and the Master Program. [RCW 90.58.340] Average Grade Level: The average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure: PROVIDED, that in the case of structures to be built over water, average grade level shall be the elevation of ordinary high water. Calculation of the average grade level shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure. [WAC 173-27-030(3)] Bluff: A steep headland, promontory, broad faced bank, or cliff running adjacent to and rising up from the shoreline. For the purpose of measuring setbacks from the top of a bluff the following shall apply. A bluff rises up from the OHWM to the first significant break in slope. The first significant break in slope is a bench at least thirty (30) feet wide. The top of a bluff is measured from the point where the first significant break in slope occurs. City: The City of Bremerton. 1 Definitions for Shorelines of Statewide Significance, Environments, and each Use/Activity are at the appropriate place in the text of the Master Program. Additional definitions applicable to Shoreline Management activities are found in RCW 90.58 and WAC 173-14, -16, -17, -19, -20, and -22. Shorelines Hearings Board determinations also provide interpretations of some shoreline management terms. SMP DEFINITIONS 8 - 1 Class I Beaches: Class II Beaches: Class III Beaches: Community Boating Facilities: Conditional Use: Department: Development: Drift Sector: Accretional or rollback dry beaches, the backshore of which is only wetted under extreme tide and wave conditions. These beaches are usually the accretion terminals of their drift sectors, and as such are components of points, spits, and tombolos, as well as the various bluff-offset, and bay or marsh- barrier shore forms. Marginal erosion beaches, usually at the foot of gravel- containing banks and bluffs that supply the upper foreshore with a fairly heavy drift berm, but without creating a stable and dry backshore zone above Mean Higher High Water (MHHW) level. Erosional beaches under banks and bluffs that are generally low in gravel and high in clay, and where the bluff toe and upper foreshore is wave-cut below MHHW level with minimum beach material cover to protect the foreshore shelf. Joint-use structures, including docks, piers, floats and boat launching ramps, that abut the shoreline and are used as landing, launching, or moorage places for watercraft and which serve up to ten (10) boats. Boating facilities serving more than ten (10) boats are considered marinas. Community boating facilities may be designated for temporary day use only, or for permanent (long-term) moorage. A use or development which is classified as a conditional use or is not classified within the Master Program, and development exceeds two thousand five hundred dollars ($2,500.00) in total cost or fair market value or materially interferes with the normal public use of the water or shorelines of the state. The State of Washington Department of Ecology. A use, consisting of the construction or exterior alteration of structures; dredging; drilling, dumping; filling; removal of any sand, gravel or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this program at any state of water level. [RCW 90.58.030(3d)] A particular reach of marine shore in which littoral drift may occur without significant interruption, and which contains any and all natural sources to such drift, and also any accretion shore form(s) accreted by such drift. Each normal drift sector contains these shore process elements: feeder bluff or estuary, driftway, littoral drift, and accretion shore form. SMP DEFINITIONS 8 - 2 Exemption: Extreme Low Tide: Fair Market Value: Feasible: Height: Marina: Master Program or Shoreline Master Program: Minor Projects: Authorization from the City which establishes that an activity is exempt from Substantial Development Permit requirements under WAC 173-27-040, but subject to regulations of the Act and the Master Program. The lowest line on the land reached by a receding tide. [RCW 90.58.030(2a)] The expected price at which the development can be sold to a willing buyer. For developments which involve nonstructural operations such as dredging, drilling, dumping, or filling, the fair market value is the expected cost of hiring a contractor to perform the operation, or where no such value can be calculated, the total of labor, equipment use, transportation, and other costs incurred for the duration of the permitted project. [WAC 173-14-030(7)] Physically capable of being put into effect, accomplished, or utilized; practicable or suitable. The distance measured from the average grade level to the highest point of a structure: PROVIDED, that television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except where it obstructs the view of a substantial number of residences on areas adjoining such shorelines, or the Master Program provides otherwise: Provided further, that temporary construction equipment is excluded in this calculation. [WAC 173-14-030(9)] A water dependent facility that provides wet and/or dry moorage for over ten (10) boats, and related accessory boat launching facilities and supplies and services for small commercial and/or pleasure craft. Marinas may be designated for temporary day-use only or for permanent (long-term) moorage. The City of Bremerton Shoreline Master Program. The Master Program includes the program's goals, policies and regulations, together with descriptive maps and diagrams, that have been adopted by the Bremerton City Council and approved by the Department of Ecology. Minor accessory uses, minor remodels of existing development or other minor projects requiring a shoreline permit to correspond to the impact of the improvement, when such projects meet Master Program criteria for revision of permits. [Chapter 7, Revision of Permits.] SMP DEFINITIONS 8 - 3 Mixed-Use Commercial: Nonconforming Development: Non-Water- Oriented Use: OHWM or Ordinary High Water Mark: Mixed-use commercial developments are shoreline developments which combine more than one separate but related activity into a coordinated package. Activities usually include one or more water-dependent uses with non-water dependent uses, and feature high amenity public access or recreational uses. The public benefit will be evaluated and weighed against the impact of the project in review of a mixed- use commercial development proposal. A shoreline use or structure which was lawfully constructed or established prior to the effective date of the Shoreline Management Act or the Bremerton Shoreline Master Program or amendments thereto, but which does not conform to present regulations or standards of the Master Program or policies of the Act. [WAC 173-14-040(1 b)] A use which does not require or depend on a location on or near the waterfront, and which is neither a water-dependent, water-related, or water-enjoyment use as defined herein. The mark on all lakes, streams, and tidal waters which will be found by examining the beds 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 exists on the effective date of this chapter, or as it may naturally change thereafter; or as it may change thereafter in accordance with permits issued by the City or the Department: PROVIDED, that in any area where the ordinary high-water mark cannot be found, the following criteria shall be used to clarify this mark: 1. Tidal Waters: a. In high energy environments where the action of waves or currents is sufficient to prevent vegetation establishments below mean higher high tide, the ordinary high-water mark is coincident with the line of vegetation. Where there is no vegetative cover for less than one hundred feet parallel to the shoreline, the ordinary high-water mark is the average tidal elevation of the adjacent lines of vegetation. Where the ordinary high-water mark cannot be found, it is the elevation of mean higher high tide. b. In low energy environments where the action of waves and currents is not sufficient to prevent vegetation establishment below mean higher high tide, the ordinary high-water mark is coincident with the landward limit of salt tolerant vegetation. SMP DEFINITIONS 8 - 4 OHWM or Ordinary High Water Mark (Cont.) OHWM Yard: Person: Public Access, General: Public Access, Improved: Public Access, Limited (physical or visual): Public Access, Physical: Public Access, Visual: RCW: "Salt tolerant vegetation" means vegetation which is tolerant of interstitial soil salinities greater than or equal to 0.5 parts per thousand. 2. Lakes: Where the ordinary high-water mark cannot be found, it shall be the line of mean high water. 3. Streams: Where the ordinary high-water mark cannot be found, it shall be the line of mean high water. For braided streams, the ordinary high-water mark is found on the banks forming the outer limits of the depression within which the braiding occurs. The shoreline setback area upland of the ordinary high water mark. Any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the State, or local government unit, however designated. [RCW 90.58.030(1d)] Public access of a size and design appropriate to the site, size and general nature of the proposed development. Physical public access from the right-of-way to and along the entire waterfront of the subject property within the OHWM yard. Access with restrictions that are deemed necessary to protect the health, safety or welfare of the public OR to protect and maintain a particular site. Restrictions may limit times of use, or allow access only to certain users. [A limitation to restrict access may not be based on race, sex, color, creed, age or physical disability.] For example, such restrictions may limit public use to daylight hours, limit use to residents of a private community, or restrict use of tidelands used for shellfish production. Unobstructed access with public use improvements which are available to the general public extending from the public right- of-way to the OHWM or to the wetland directly abutting the OHWM. This includes access to the navigable waters of any water body and to tidelands in marine waters. Access with public use improvements available to the general public which provide a view of the shoreline or water but do not allow physical public access to the shoreline. Revised Code of Washington. SMP DEFINITIONS 8 - 5 Shoreline Permit: Shorelines: Shorelines of the State: State Master Program: Structure: Substantial Development: A substantial development, conditional use, reVISion, or variance permit or any combination thereof. [WAC 173-14- 030(13)] All of the water areas of the State, including reservoirs and their associated wetlands, together with the lands underlying them, except: 1. Shorelines of state-wide significance (sub-tidal Puget Sound); 2. Shorelines on segments of streams upstream of a point where the mean annual flow is twenty (20) cubic feet per second or less, and the wetlands associated with such upstream segments; and 3. Shorelines on lakes less than twenty (20) acres in size, and wetlands associated with such small lakes. The total of all Shorelines and Shorelines of Statewide Significance within the state. The cumulative total of all Master Programs approved or adopted by the Department of Ecology. A permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels. [WAC 173-14-03(15)] Any development of which the total cost or fair market value, whichever is higher, exceeds two thousand five hundred dollars ($2,500.00), or any development which materially interferes with the normal public use of the water or shorelines of the state. Exemptions [RCW 90.58.030(3e) and WAC 173-14-040]: 1. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. "Normal repair" means to restore a development to a state comparable to its original condition within a reasonable period after decay or partial destruction except where repair involves total replacement which is SMP DEFINITIONS 8 - 6 Substantial Development (Cont.) not common practice or causes substantial adverse effects to the shoreline resource or environment. 2. Construction of a normal protective bulkhead common to a single-family residence. A "normal protective" bulkhead is constructed at or near the ordinary high water mark to protect an existing single family residence and is for protecting land from erosion, not for the purpose of creating land. Where an existing bulkhead is being replaced, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. 3. Emergency construction necessary to protect property from damage by the elements. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this Master Program. 4. Construction of a barn or similar agricultural structure on wetlands. Construction and practices normal or necessary for farming, irrigation, and ranching activities including agricultural service roads and utilities on wetlands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels; PROVIDED, that a feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the wetlands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations. 5. Construction or modification of navigational aids such as channel markers and anchor buoys. 6. Construction on wetlands by an owner, lessee, or contract purchaser of a single-family residence for SMP DEFINITIONS 8 - 7 Substantial Development (Cont.) his own use or for the use of his family, which residence does not exceed a height of thirty-five (35) feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this Master Program. Construction authorized under this exemption shall be located landward of the ordinary high water mark. [NOTE: See Table 3-2 Development Standards for additional height limits.] "Single-family residence" means a detached dwelling designed for and occupied by one family, including those structures and development within a contiguous ownership which are a normal appurtenance. An "appurtenance" is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the perimeter of a marsh, bog, or swamp. Normal appurtenances include a garage; deck; driveway; utilities; fences; beach access stairs, ramps or paths for pedestrian use only; boat ramps for the sole use of the private owner; and grading which does not exceed two hundred fifty (250) cubic yards (except to construct a conventional drainfield). 7. Construction of a dock, including a community dock, designed for pleasure craft only, for the private, non- commercial use of the owner, lessee, or contract purchaser of single family and multiple family residences, the cost of which does not exceed two thousand five hundred dollars ($2,500.00). 8. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water from the irrigation of lands. 9. The marking of property lines or corners on State- owned lands, when such marking does not significantly interfere with normal public use of the surface of the water. 10. Operation and maintenance of any system of dikes, ditches, drains or other facilities existing on the effective date of the 1975 State Shoreline Management Program which were created, developed or utilized SMP DEFINITIONS 8 - 8 Substantial Development (Cont.) Topography, Natural or Existing: Type I Decision Type II Decision Type III Decision Variance: Vessel: WAC Water-Dependent Use: primarily as a part of an agricultural drainage or diking system. 11. Any project with a certification from the Governor pursuant to chapter 80.50 RCW. The topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling. Administrative decision by the Director (of Community Development) who may approve, conditionally approve or deny the application. They include permits categorically exempt from SEPA review or have had SEPA review completed in connection with another application or permit. Type I Project Permit processing procedures are set forth in Table 040 of BMC Chapter 20.02. Administrative decisions by the Director (of Community Development) with limited public notice. The Director has the authority to approve, conditionally approve or deny the application. Type II Project Permit processing procedures are set forth in Table 040 of BMC Chapter 20.02. Hearing Examiner decisions. The Hearing Examiner may approve, conditionally approve, or deny the application. Type III Project Permit processing procedures are set forth in Table 040 of BMC Chapter 20.02. A means to grant relief from the specific bulk, dimensional or performance standards set forth in the Master Program, and not a means to vary a use of a shoreline. A ship, boat, barge, or any other floating craft which is designed and used for navigation and does not interfere with the normal public use of the water. Washington Administrative Code. A use or portion of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water-dependent uses may include cargo terminal loading areas, ferry and passenger terminals, marinas, and sewer outfalls. SMP DEFINITIONS 8 - 9 Water-Related Use: Water-Enjoyment Use: Wetlands or Wetlands areas: A use or portion of a use which is not intrinsically dependent on a waterfront location but whose operation cannot occur economically without a shoreline location. Examples of water- related uses may include warehousing of goods transported by water, seafood processing plants, or log storage. (Also see Non-water-oriented Use.) A recreational use such as a park, pier, or other use facilitating public access as a primary character of the use; or, a use that provides for passive and active interaction of a large number of people with the shoreline for leisure and enjoyment as a general character of the use and which, through location, design and operation, assure the public's ability to interact with the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the public and most if not all of the shoreline oriented space in the facility must be devoted to the specific aspects of the use that foster shoreline interaction. Water-enjoyment uses include, but are not limited to, restaurants, museums, and mixed-use commercial, provided that such use conforms to the above requirements and the provisions of the Master Program. Those lands extending landward for two hundred (200) feet in all directions as measured on a horizontal plane from the ordinary high-water mark, and all marshes, bogs, swamps, floodways, river deltas, and flood plains associated with the streams, lakes and tidal waters which are subject to the provisions of this Master Program. SMP DEFINITIONS 8 - 10 Chapter 9 TECHNICAL REFERENCES The following sources provide additional technical information pertaining to categories addressed in the Master Program. CHAPTER 4: GENERAL POLICIES AND REGULATIONS Marine Bluff Review 1. Douglas Canning, Shoreline Bluff and Slope Stability: Technical Management Options, Shorelands Technical Advisory Paper No.2, Washington Department of Ecology, July 1985. Public Access 1 . Shoreline Public Access Handbook, Shoreland and Coastal Zone Management Program, Washington Department of Ecology, Feb. 1990. 2. Ralph W. Johnson, The Public Trust Doctrine, Washington Shoreline Access Conference, September 1991. 3. Shoreline Public Access Sign Manual, Washington Department of Ecology, April 19, 1985. CHAPTER 5: SHORELINE USE REQUIREMENTS Commercial Development 1. Robert Goodwin, ed. Waterfront Revitalization for Smaller Communities, University of Washington, Sea Grant, Seattle, WA., 1988. SMP TECHNICAL REFERENCES 9 - 1 CHAPTER 6: SHORE MODIFICATION The following sources of technical information will be used as a basis for evaluating proposals for shore modification and determining compliance. 1 . Wolf Bauer, Marine Shore Resource Analysis: Shoreline Dynamics, for City of Seattle Department of Community Development Environmental Management Division, 1978. Prepared for Shoreline Environments of Puget Sound Conference, sponsored by Washington Department of Ecology, Shorelands and Coastal Zone Management Program, October 1991. 2. Shoreline Master Program Handbook, Washington Department of Ecology, Shorelines and Coastal Zone Management Section, First Edition, 1990. 3. Shoreline Administrators Manual, Shorelines and Coastal Zone Management Section, Washington State Department of Ecology, October 1990. 4. Douglas J. Canning, Shoreline Bluff and Slope Stability: Technical Management Options, Shorelands Technical Advisory Paper No.2, Washington State Department of Ecology, Shorelands Division, July 1985. 5. Thomas A. Terich, Living with the Shore of Puget Sound and the Georgia Strait, sponsored by the National Audubon Society, Duke University Press, Durham 1987. 6. Thomas A. Terich, "Structural Erosion Protection of Beaches along Puget Sound: An Assessment of Alternatives and Research Needs", Engineering Geology in Washington, Volume II, Washington Division of Geology and Earth Resources Bulletin 78, 1989, 1131-1136. Reprinted for Puget Sound Shoreline Environments Conference, Washington Department of Ecology, October 1991. 7. Shoreline Public Access Handbook, compiled by James W. Scott, Shorelands & Coastal Zone Management Program, Washington State Department of Ecology, February 1990. 8. "So You Want to Work in the Water" (pamphlet), Washington Departments of Wildlife and Fisheries. 9. WAC 220-110 "Hydraulic Code Rules", State of Washington Administrative Code, Title 220 WAC: Department of Fisheries. (See Table 9-1 - Hydraulic Project Approval and Figure 9-1 - Location of Surf Smelt Spawning Beds.) SMP TECHNICAL REFERENCES 9 - 2 TABLE 9-1 HYDRAULIC PROJECT APPROVAL (Page 1 of 2) The following is a summary of Washington Department of Fisheries Hydraulic Code Rules (WAC 220-110). These rules are subject to change by the Legislature. HYDRAULIC PROJECT APPROVAL (HPA) Shoreline projects located below the ordinary high water line of state waters are required to secure a hydraulic project approval (HPA) from the Washington Department of Fisheries. Requirements for hydraulic projects are contained in WAC 220-110. BULKHEADS AND ASSOCIATED FILLS [WAC 220-110-280] The following technical provisions commonly apply to bulkhead and associated fill projects: 1. The lowest tidal elevations for the toe of bulkheads in the Bremerton area is as follows: Bulkheads Adiacent to Smelt Soawnina Beds All Other Beach Areas Vertical Sloping Bulkhead Bulkhead +11.0 +9.0 +6.6 2. The faces of bulkheads shall be constructed of permanent material not readily subject to erosion. 3. Sloping bulkheads shall have a slope not steeper than 1.5 horizontal to 1 foot vertical. 4. Bulkheads shall only be constructed during periods of low tide. 5. Bulkhead forms shall be constructed so that leaching of concrete is minimized. Exposed concrete shall be covered or cured prior to water contact. 6. Bulkhead construction is restricted to the following time periods: a. Adjacent to smelt spawning beds within Sinclair Inlet and Dyes Inlet: June 15 through October 15. b. All other areas: June 16 through March 14. SMP TECHNICAL REFERENCES 9 - 3 TABLE 9-1 HYDRAULIC PROJECT APPROVAL (Page 2 of 2) SURF SMELT SPAWNING BEDS Surf smelt spawning beds in the Bremerton area (Tidal Reference Area 5) are shown listed below and shown on Figure 9-1. These beds are located between +7.0 feet and +11.0 feet above the 0.0 tidal elevation or mean lower low water (MLLW). [WAC 220-110- 250] 1. Sinclair Inlet from the west city limits of Port Orchard west to 122 degrees 40' W. longitude; 2. Dyes Inlet along the west shore of Marine Drive Peninsula from its northern terminus south to a point 300 feet south of Madrona Point; 3. Dyes Inlet along the west shore of Madrona Point from the southern boundary of Section 9 north a distance of 600 feet; and 4. Dyes Inlet along the southern shore of Elwood Point Peninsula. DEPARTMENT OF FISHERIES For further information on projects requiring HPA contact: Habitat Management Division Department of Fisheries 502 High Street, Suite 207 Port Orchard, WA 98366 Phone: 206-895-4457 SMP TECHNICAL REFERENCES 9 - 4 FIGURE 9-1 LOCATION OF SURF SMELT SPAWNING BEDS .. ROcky p~jnt BAY ::8;' . *********************** LOCATION OF SORF SMELT SPAWNING BEDS Spawning Beds -- ~ "~";i}2 .1 c Source: WAC 220-110-250 *********************** SMP TECHNICAL REFERENCES 9 - 5 This page intentionally left blank AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 101437 ST ATE OF WASHINGTON COUNTY OF KITSAP 1, Sarah Weller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was August 10,2006, and that such newspaper was regularly distributed to its subscribers during all of $43.49 which amount has not been paid in full. ~..kJ~ (Signature of Principal Clerk) Sub""bod ,nd ,worn to bcfo" mo th;, d,y of Augu't2.1v Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4976 AN ORDINANCE of the City Council of the City of Bremerton, Washington amending certain sections of the Bremerton Shoreline Master Program originally adopted by Resolution No. 1736, on October 5, 1977 and implemented per the provisions of BMC Chapter 20.16 Shoreline Development. Amendments are to ensure consistency with new Critical Areas Ordinance regulations of BMC Chapter 20.02 adopted by Ordinance 4965, on March 15,2006. Amendments correct outdated or erroneous elements of the Shoreline Master Program, and amend Shoreline Management Program requirements for view corridors in single family residential environments. PASSED by the City Council the 2nd day of August, 2006. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. August 10, 2006........................AD #20013297