Chapter 13.11
USE-SPECIFIC AND MODIFICATION REGULATIONS AND PERFORMANCE STANDARDS

Sections:

13.11.010    Agriculture.

13.11.020    Aquaculture.

13.11.030    Boating facilities.

13.11.040    Breakwaters, groins, and weirs.

13.11.050    Commercial development.

13.11.060    Dredging and dredge material disposal.

13.11.070    Fill.

13.11.080    Forest practices.

13.11.090    Industry.

13.11.100    In-stream structures.

13.11.110    Private residential docks.

13.11.120    Recreational development.

13.11.130    Residential development.

13.11.140    Shoreline habitat and natural systems enhancement projects.

13.11.150    Shoreline stabilization.

13.11.160    Transportation.

13.11.170    Utilities.

13.11.010 Agriculture.

A.    The provisions of this SMP do not limit or require modification of existing agricultural activities on agricultural lands as of the date of adoption of this SMP.

B.    A substantial development permit shall be required for all agricultural development not specifically exempted by the provisions of RCW 90.58.030(3)(e)(iv).

C.    SMP provisions shall apply in the following cases:

1.    New agricultural activities on land not meeting the definition of agricultural land;

2.    Expansion of agricultural activities on nonagricultural lands;

3.    Conversion of agricultural lands to other uses;

4.    Other development on agricultural land that does not meet the definition of agricultural activities; and

5.    Agricultural development and uses not specifically exempted by the Act.

D.    New nonagricultural activities proposed on agricultural lands shall be consistent with the environment designation and use table as well as other applicable shoreline use standards, for example commercial or industrial.

E.    Agricultural uses and development in support of agricultural uses shall be located and designed to assure no net loss of ecological functions and no significant adverse impact on other shoreline resources and values.

F.    Agricultural chemicals, fertilizers, pesticides, and manure shall be applied in a manner that prevents their direct runoff into water bodies, wetlands or aquifer recharge areas, and shall be restricted in accordance with state Department of Fish and Wildlife Management recommendations and the regulations of the state Department of Agriculture and the U.S. Environmental Protection Agency. Application shall be consistent with the instructions on the container label and U.S. Environmental Protection Agency requirements.

G.    New or redeveloped agricultural activities shall provide a buffer of permanent native vegetation between all cropland or pasture areas and adjacent waters or wetlands pursuant to the critical areas provisions of Chapter 13.13 BMC. (Ord. 2112 § 3 (Exh. C), 2013).

13.11.020 Aquaculture.

A.    Noncommercial aquaculture undertaken for conservation or habitat restoration purposes is a preferred use within Bothell’s shorelines. Allowed fisheries enhancement uses shall include hatcheries, rearing ponds, spawning channels, water diversion structures, and groundwater wells; provided, that their construction does not result in a net loss of ecological function.

B.    Proponents of an aquaculture use or activity shall supply, at a minimum, the following information in their application for shoreline permit(s):

1.    Species to be reared;

2.    Aquaculture method(s);

3.    Anticipated use of any feeds, pesticides, herbicides, antibiotics, vaccines, growth stimulants, anti-fouling agents or other chemicals, and their predicted adverse impacts;

4.    Harvest and processing method and timing;

5.    Method of waste management and disposal;

6.    Best available background information and probable adverse impacts on water quality, biota, and any existing shoreline or water uses;

7.    Method(s) of predator control;

8.    A description of the proposed use of lights and noise-generating equipment, and an assessment of adverse impacts upon surrounding uses; and

9.    Other pertinent information as required by the city.

C.    Aquacultural activities shall meet all applicable federal, state and county standards and regulations.

D.    No garbage, wastes or debris shall be allowed to accumulate upon the site of any aquaculture use or activity, nor discharged to any water body regulated by this SMP.

E.    No pesticides, herbicides, antibiotics, vaccines, growth stimulants, anti-fouling agents or other chemicals shall be used until approved by all appropriate state and federal agencies. Those agencies shall include, but shall not be limited to, the Washington State Departments of Fish and Wildlife, Agriculture, and Ecology, and the U.S. Food and Drug Administration. Evidence of such approval shall be submitted to the city.

F.    Aquaculture structures and equipment that come in contact with the water shall contain no substances that are toxic to aquatic life, and aquaculture activities that would degrade water quality shall be prohibited.

G.    Aquaculture activities shall be subject to conditioning and requirements for mitigation to ensure that it does not result in a net loss of ecological function. (Ord. 2112 § 3 (Exh. C), 2013).

13.11.030 Boating facilities.

Boating facilities are improvements or modifications that accommodate motorized and nonmotorized boats and include improvements for storing, launching, mooring, and servicing boats. Boating facilities include marinas, community docks serving more than four residential units, other public docks, and community or public boat launches. Boating facility regulations do not apply to private residential docks serving four or fewer residential units, which are addressed separately in BMC 13.11.110, Private residential docks. All boating facilities shall comply with the standards below.

A.    General.

1.    Over-water residential uses, including houseboats, live-aboards, or other vessels, serving as a dwelling unit, are prohibited in marinas and along private or community docks.

2.    Extended mooring for greater than 30 days is prohibited on waters of the state, except at permitted moorage facilities and as otherwise allowed by applicable state regulations (see Chapter 332-30 WAC, RCW Title 79). Adverse impacts to navigation and public access shall be prohibited. A lease or permission from the Washington Department of Natural Resources, Aquatic Resources Division, may need to be obtained for extended mooring outside of permitted moorage facilities (Chapters 43.12 and 43.30 RCW and RCW Title 79).

3.    Shoreline improvements and modifications necessary to accommodate boating facilities shall comply with all applicable no net loss provisions of this SMP.

4.    Boating facilities shall comply with the use/activity provisions of BMC 13.07.080.

5.    Boating facilities shall be located and designed with the minimum necessary shoreline stabilization to adequately protect facilities (see BMC 13.11.150).

6.    Removal of sediment that is deposited beneath and interferes with the normal use of moorage facilities shall be governed by BMC 13.11.060.

B.    Location Standards.

1.    New boating facilities shall not be permitted:

a.    In channel migration zones;

b.    Where a flood hazard will be created; or

c.    Where adverse impacts to shoreline ecological functions and processes cannot be mitigated.

2.    Motorized boating facilities proposed after February 6, 2013, are prohibited in North and Swamp Creeks. Nonmotorized boat launches for canoes, kayaks, and other nonmotorized boats may be developed in North and Swamp Creeks subject to these standards.

3.    Motorized and nonmotorized boating facilities are allowed on the Sammamish River. Boating facilities are defined as the following:

a.    Community docks shared by five or more dwelling units;

b.    Marinas, limited to the Sammamish River;

c.    Community, public or commercial motorized boat launches, limited to the Sammamish River; and

d.    Nonmotorized boat launches.

    Over-water piers, constructed as boat moorage, are prohibited on all water bodies. See definition of pier.

4.    Boating facilities shall be located at least 50 feet from the mouth of any named or numbered tributary entering the Sammamish River or North and Swamp Creeks.

5.    Boating facilities constructed or expanded after February 6, 2013, within wetlands or wetland buffers are prohibited.

6.    Boating facilities constructed or expanded after February 6, 2013, shall be located only where adequate utility services and vehicular or pedestrian access are or can be made available.

C.    Design Standards.

1.    General Over-Water Standards.

a.    No skirting is allowed on any over-water structure.

b.    Over-water structures shall not include walled structures. Covered structures with roofs are allowed, provided the roof is maintained at least eight feet above the water level and the roof contains translucent materials covering at least 50 percent of the gross roof square footage.

c.    Any paint, stain or preservative applied to components of the over-water structure must be leach-resistant, completely dried or cured prior to installation. Materials shall not be treated with pentachlorophenol, creosote, chromated copper arsenate (CCA) or comparably toxic compounds.

d.    Lighting associated with over-water boating facilities shall be beamed, hooded, or directed to avoid causing glare on adjacent properties or waters. Illumination levels shall be the minimum necessary for safety and shall be consistent with the city of Bothell exterior lighting regulations contained in BMC 12.14.240.

e.    Over-water boating facilities shall be marked with reflectors or otherwise identified to prevent unnecessarily hazardous conditions for water surface users during the day or night. Exterior finish shall be generally nonreflective.

f.    Boating facilities shall not create navigation hazards consistent with U.S. Army Corps of Engineers and U.S. Coast Guard standards for navigable water bodies.

g.    Float Standards. In addition to specific float standards for community and public docks in subsection (C)(2) of this section and for marinas in subsection (C)(3) of this section, the following general standards apply to all floats that are components of either of those facilities:

(1)    Floats shall be decked with grating on all deck surfaces not underlain by float tubs, with a maximum area of float tub of 70 percent of the total float area. The number and area of float tubs shall be minimized to the amount necessary based on design and engineering considerations. Grating shall allow for a minimum of 40 percent light transmission. The city shall also approve other configurations that provide equal or greater effective light transmission.

(2)    All float tubs shall be fully encapsulated.

(3)    Floats shall at all times float on the water and not rest on the substrate.

2.    Community and Public Docks.

a.    Allowed elements of a community or public dock consist of a ramp extending from the shoreline to a float or float system, generally oriented parallel to the shoreline to minimize interference with navigation and public use of the river. Long-term moorage per subsection (A)(2) of this section is permitted at community docks; only day moorage is permitted at public docks.

b.    Floats shall be no wider than six feet, and shall be oriented parallel to the shoreline.

c.    Floats shall project into the Sammamish River no more than 10 feet from the ordinary high water mark measured from the landward edge of the float. The shoreline administrator may allow floats to be positioned up to an additional 10 feet waterward from the ordinary high water mark to reach a depth of three feet to accommodate boat moorage.

d.    The maximum length of a community dock shall be determined by the number of residential units served based upon 20 feet of float per unit. In no case shall floats exceed 160 feet in length. The maximum length of a public dock is 30 feet.

e.    Docks shall be accessed by one fully grated ramp no wider than four feet and a ramp shall be the minimum length necessary to provide safe access to the float. The length of the ramp and the distance between the float and the OHWM are determined by the height of the bank above the OHWM and the distance waterward of the OHWM needed to place the float at a depth that does not result in grounding on the substrate.

3.    Marinas.

a.    The primary walkway portions of the marina shall consist of floats no wider than six feet, and shall be oriented parallel to the shoreline. Perpendicular extensions off the walkway shall be no wider than four feet, unless the extension serves two boats, in which case the perpendicular extension may be up to six feet wide.

b.    Docks shall be accessed by fully grated ramps no wider than five feet and ramps shall be the minimum length necessary to provide safe access to the float. Depending on shoreline configuration, a marina may have one access ramp for every 150 feet of dock.

c.    The length of the ramp and the distance between the float and the OHWM are determined by the height of the bank above the OHWM and the distance waterward of the OHWM needed to place the float and a boat at a depth that does not result in grounding of the float or boat on the substrate or disturbance of the substrate by boat propeller action.

4.    Piling.

a.    Each float is allowed a maximum of two anchor piles. For community or public docks exceeding 50 feet in length, up to two anchor piles per 50 feet of float length may be used. In all cases, the number of anchor piles shall be the minimum number necessary based upon site-specific engineering and design considerations.

b.    Anchor piles shall be a maximum of 12 inches in diameter or dimension.

c.    Anchor piles shall not project above the OHWM by more than eight feet.

d.    Piles shall not be treated with pentachlorophenol, creosote, CCA or comparably toxic compounds. If ammoniacal copper zinc arsenate (ACZA) pilings are proposed, the applicant will meet all of the best management practices, including a post-treatment procedure, as outlined in the latest edition of the Western Wood Preservers Institute Best Management Practices for the Use of Treated Wood in Aquatic and Sensitive Areas.

5.    Community, Public, and Commercial Boat Launches.

a.    Boat launches shall comply with the critical area regulations of Chapter 13.13 BMC.

b.    Boat launches shall be constructed on existing grade and shall limit fill or dredging to the minimum necessary to accommodate the launch. Excavation or fill of less than 10 cubic yards of materials to accommodate launch placement may be allowed if the grading would enable use of a launch ramp design that is more preferred as outlined in subsection (C)(5)(g) of this section than the method that would be used without the grading.

c.    Boat launches shall not protrude more than 20 feet waterward of the ordinary high water mark or five feet beneath the water surface as measured at the ordinary high water mark.

d.    Boat launches shall not obstruct existing or proposed public access to and along the shoreline.

e.    Boat launches shall retain native vegetation on either side of the launch and any access ramp to associated docks. The shoreline administrator shall have the authority to identify modifications in the site plan to achieve vegetation preservation.

f.    Boat launches must be as narrow as feasible to launch the intended watercraft, and extend into the water body no more than necessary.

g.    Preferred launch ramp designs, in order of priority, are:

(1)    Gravel and cobble materials, or other natural surfacing.

(2)    Open grid designs with minimum coverage of substrate.

(3)    Pre-cast concrete planks with segmented pads and flexible connections that leave space for natural substrate and can adapt to changes in substrate profile. In all cases, such segmented pads shall be used waterward of the ordinary high water mark.

(4)    Concrete is preferred over asphalt.

D.    Site Design and Operation.

1.    Boating facilities shall be designed so that lawfully existing or planned public shoreline access is not blocked, obstructed or made dangerous.

2.    Marinas shall provide physical and/or visual public access, commensurate with the need for security and the scale of the proposal.

3.    Best management practices shall be utilized to prevent pollutants associated with upland boat-related service activities, such as boat maintenance and repair, from reaching the Sammamish River. Boat maintenance and repair activities conducted while the boat is moored in the water are prohibited.

4.    Except for marinas with a valid boat yard general NPDES permit issued by the Washington State Department of Ecology, the following standards apply to vessel maintenance areas:

a.    Maintenance areas shall be sited as far from the water as is practicable, and shall be designed so that all maintenance activities that are potential sources of water or air pollution can be accomplished over dry land, under roof, and in a contained operation; and

b.    All drains from maintenance areas must lead to a sump, holding tank, or pump out facility from which the wastes can later be extracted for treatment and/or disposal by approved methods. Drainage of maintenance areas directly into surface or groundwater shall not be allowed.

5.    On-site boat fueling facilities are prohibited.

6.    Accessory uses at marinas or public boat launches shall be limited to water-oriented uses or accessory uses that support the marina operation. Accessory uses include, but are not limited to, parking, boat storage, nonhazardous waste storage and treatment, storm water management facilities, and utilities where these are necessary to support the water-oriented use.

7.    Long-term boat storage located landward of the OHWM is allowed and regulated as a water-oriented commercial use if the development is equipped with a boat launch (either launch ramp, crane, hoist or similar device). Upland boat storage without an on-site facility for launching boats is regulated as a non-water-oriented commercial use under BMC 13.11.050, Commercial development.

8.    During development or expansion of marinas and public boat launches, the city may condition boating facility developments to provide landscaping, screening, signage specifications, and other features to assure compatibility with adjacent shoreline development, where such measures do not interfere with the marina and public boat launch use or operation.

E.    Waste Disposal.

1.    Discharge of solid waste or sewage into a water body is prohibited. Garbage or litter receptacles shall be provided and maintained by the operator at several locations convenient to users. Marinas installed or redeveloped after February 6, 2013, shall provide adequate restroom and sewage disposal facilities (pump out, holding, and/or treatment facilities) in compliance with applicable health regulations. No fuel storage facility or sanitary pump-out station holding tank shall be located over water.

2.    Disposal or discarding of fish-cleaning wastes, scrap fish, viscera, or unused bait into water or in other than designated garbage receptacles is prohibited.

3.    Marina operators shall post all regulations pertaining to handling, disposal and reporting of waste, sewage, fuel, oil or toxic materials where all users may easily read them.

4.    Fail-safe facilities and procedures for receiving, storing, dispensing, and disposing of oil or hazardous products, as well as a spill response plan for oil and other products, shall be required of new marinas and existing marinas proposed for expansion or substantial alteration. Compliance with federal or state law may fulfill this requirement. Handling of fuels, chemicals or other toxic materials must be in compliance with all applicable federal and state water quality laws as well as health, safety and engineering requirements. Rules for spill prevention and response, including reporting requirements, shall be posted on site.

F.    Submittal Requirements.

1.    Applicants for new or expanded boating facilities shall provide habitat surveys, critical area studies, and mitigation plans as required by BMC 13.09.020, Environmental protection, and Chapter 13.13 BMC, Critical Areas Regulations in Shoreline Jurisdiction, as applicable.

2.    The mitigation plan shall discuss how the proposed project avoids and minimizes adverse impacts consistent with the facility’s sizing needs, which are to be based on the results of any habitat survey/critical area study.

3.    A slope bathymetry map may be required when deemed beneficial by the shoreline administrator for the review of the project proposal. (Ord. 2112 § 3 (Exh. C), 2013).

13.11.040 Breakwaters, groins, and weirs.

A.    New, expanded or replacement structures shall only be permitted if the applicant demonstrates that the proposed breakwater, groin or weir will not result in a net loss of shoreline ecological functions, and the structure is necessary to water-dependent uses, public access, shoreline stabilization, or other specific public purpose.

B.    Breakwaters, groins, and weirs shall require a conditional use permit, except when such structures are installed to protect or restore ecological functions, such as placement of woody debris in streams with the dual purpose of habitat and directing flows to prevent the need for shoreline stabilization or installation of groins that may eliminate or minimize the need for hard shoreline stabilization.

C.    Breakwaters, groins and weirs shall be located, designed, constructed and operated consistent with mitigation sequencing principles, including avoiding critical areas, limiting structure size to the minimum necessary, restoring temporarily disturbed areas after construction is complete, and mitigating any long-term adverse impacts. (Ord. 2112 § 3 (Exh. C), 2013).

13.11.050 Commercial development.

A.    Commercial development is activity related to the sale of goods and services, including, but not limited to, retail, services, wholesale, or business trade activities. Types of commercial development include, but are not limited to, hotels, motels, or other commercial accommodations, grocery stores, restaurants, concessions, shops, commercial recreation facilities such as marinas, boat repair, boat, canoe, or kayak rentals, and offices. See also BMC 13.11.030, Boating facilities, for in-water commercial activities.

B.    Review Criteria. The city shall utilize the following information in its review of all commercial development applications:

1.    Whether there is a water-dependent, water-related, or water-oriented aspect of the proposed commercial use or activity;

2.    Whether the proposed commercial use is consistent with the use matrix of BMC 13.07.080;

3.    The application’s ability to enhance compatibility with the shoreline environment and adjacent uses;

4.    Whether adequate provisions are made for public and private visual and physical shoreline access;

5.    Whether the application makes adequate provisions to prevent or mitigate adverse environmental impacts; and

6.    Whether the application makes adequate provisions to provide for shoreline ecological or critical area mitigation, where appropriate.

C.    Water-dependent commercial development shall be given priority over non-water-dependent commercial uses within shoreline environments associated with the Sammamish River. Secondarily, water-related and water-oriented uses shall be given priority over non-water-oriented commercial uses.

D.    Non-water-oriented commercial uses shall be allowed if the use can demonstrate at least one of the following:

1.    The commercial use is part of a mixed use project that includes water-dependent uses.

2.    Navigability is severely limited at the proposed site, and the commercial use provides a public benefit with respect to the objectives of the Act, such as providing public access consistent with BMC 13.09.050 and ecological restoration that is not otherwise required for mitigation purposes.

3.    The commercial use is physically separated from the shoreline by another property or public right-of-way.

E.    Non-water-oriented uses, including but not limited to residential uses, may be located with water-oriented commercial uses, provided:

1.    The mixed use project includes one or more water-dependent uses.

2.    Water-dependent commercial uses as well as other water-oriented commercial uses have preferential locations along the shoreline.

3.    The underlying zoning district permits residential uses together with commercial uses.

4.    Public access is provided for significant number of persons in accordance with BMC 13.09.050, and/or ecological restoration is provided as a public benefit.

5.    Residential uses meet requirements of BMC 13.11.130.

F.    All commercial loading and service areas shall be located upland or away from the shoreline. Provisions shall be made to screen such areas with walls, fences and landscaping and to minimize aesthetic impacts.

G.    Eating and drinking facilities and lodging facilities shall be oriented to provide views to the waterfront.

H.    Non-water-oriented commercial uses shall not be allowed over water in any shoreline environment unless they are accessory to and support water-dependent uses. (Ord. 2112 § 3 (Exh. C), 2013).

13.11.060 Dredging and dredge material disposal.

A.    General.

1.    New development shall be designed and located to avoid or, if infeasible, to minimize the need for new and maintenance dredging.

2.    Dredging shall be allowed only for one or more of the following purposes:

a.    For shoreline restoration projects benefiting water quality and/or fish and wildlife habitat.

b.    For flood hazard reduction, when performed as part of an approved flood hazard reduction plan, such as King County’s flood hazard management plan or Snohomish County’s surface water management plan.

c.    To maintain existing legal moorage facilities.

d.    To maintain existing navigation or navigation access.

e.    In conjunction with a bridge or navigational structure for which there is a public need and where other feasible sites or routes do not exist.

3.    Developments which propose dredging for the primary purpose of obtaining fill material are prohibited, except when the material is necessary for the restoration of ecological functions and is placed waterward of the OHWM. Such an application shall be associated with a Model Toxics Control Act (MTCA) or Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) habitat restoration project or, if approved through a shoreline conditional use permit, another significant habitat enhancement project.

4.    Dredging to maintain an existing legal navigation route shall be restricted to restoring the previously authorized location, depth, and width of the navigation channel.

5.    Dredging and dredge material disposal shall be permitted only where it is demonstrated that the proposed dredging or deposition shall not:

a.    Result in significant or ongoing damage to water quality, fish, and shoreline wildlife habitat;

b.    Alter natural drainage and water circulation patterns, currents, river flows, and channel migration processes or significantly reduce flood water capacities; or

c.    Cause other significant adverse ecological impacts.

6.    Proposals for dredging and dredge material disposal shall, when impacts cannot be avoided, minimize and mitigate adverse impacts (such as turbidity; release of nutrients, heavy metals, sulfides, organic material or toxic substances; dissolved oxygen depletion; disruption of food chains; loss of benthic productivity; and disturbance of fish runs and important localized biological communities) to assure no net loss of shoreline ecological functions. Mitigation plans shall be prepared by a qualified professional.

7.    Dredging and dredge material disposal shall be carefully scheduled to protect biological productivity (e.g., fish runs, spawning, benthic productivity).

8.    When dredging is permitted, the dredging shall be the minimum necessary to accomplish its intended purpose.

9.    Dredging shall utilize techniques that cause minimum dispersal and broadcast of bottom material.

10.    Vegetation disturbed by dredging activities shall be restored to its original condition, equal alternative, or an improved condition. All replacement vegetation shall be native species.

11.    Dredging and dredge material disposal shall be prohibited on or in archaeological sites that are listed on the Washington State Register of Historic Places until such time that they have been released by the State Archaeologist.

B.    Dredge Material Disposal.

1.    Upland dredge material disposal within shoreline jurisdiction is permitted under the following conditions:

a.    Shoreline ecological functions and processes will be preserved, restored or enhanced, including protection of surface and groundwater; and

b.    Erosion, sedimentation, floodwaters or runoff will not increase adverse impacts to shoreline ecological functions and processes or property; and

c.    The site will ultimately be suitable for a use allowed by this SMP.

2.    Dredge material disposal shall not occur on shorelands or in wetlands within a stream’s channel migration zone, except as authorized by conditional use permit as part of a shoreline restoration project.

3.    Dredge material disposal within areas assigned an aquatic environment designation may be approved only when authorized by applicable agencies, which may include the U.S. Army Corps of Engineers pursuant to Section 10 (Rivers and Harbors Act) and Section 404 (Clean Water Act) permits, and Washington State Department of Fish and Wildlife hydraulic project approval (HPA); and when one of the following conditions apply:

a.    Land disposal is infeasible, less consistent with this SMP, or prohibited by law; or

b.    Disposal as part of a program to restore or enhance shoreline ecological functions and processes is not feasible.

4.    Dredge materials approved for disposal within Bothell’s shoreline areas assigned an aquatic environment designation shall comply with the following conditions:

a.    Aquatic habitat will be protected, restored, or enhanced;

b.    Adverse effects on water quality or biologic resources from contaminated materials will be mitigated;

c.    Shifting and dispersal of dredge material will be minimal; and

d.    Water quality will not be adversely affected.

5.    When required by the city’s shoreline administrator, revegetation of land disposal sites shall occur as soon as feasible in order to retard wind and water erosion and to restore the wildlife habitat value of the site. Native species shall be used in the revegetation.

6.    Dredge material disposal operating periods and hours shall be limited to those stipulated by the Washington State Department of Fish and Wildlife and hours to 7:00 a.m. to 5:00 p.m. Monday through Friday, except in time of emergency as authorized by the shoreline administrator. Provisions for buffers at land disposal or transfer sites in order to protect public safety and other lawful interests and to avoid adverse impacts shall be required.

C.    Submittal Requirements. The following information shall be required for all dredging applications:

1.    A description of the purpose of the proposed dredging and analysis of compliance with the policies and regulations of this SMP.

2.    A detailed description of the existing physical character, shoreline geomorphology, and biological resources provided by the area proposed to be dredged, including:

a.    A site plan map outlining the perimeter of the proposed dredge area. The map must also include the existing bathymetry (water depths that indicate the topography of areas below the OHWM) and have data points at a minimum of two-foot depth increments.

b.    A critical areas special study.

c.    A mitigation plan if necessary to address any identified adverse impacts to ecological functions or processes.

d.    Information on stability of bedlands adjacent to proposed dredging and spoils disposal areas.

3.    If additional data on the physical, chemical or biological characteristics of the dredge materials to be removed is required by any state or federal agency, such data shall be provided to the city.

4.    A description of the method of materials removal, including facilities for settlement and movement.

5.    Dredging procedure, including the length of time it will take to complete dredging, method of dredging, and amount of materials removed.

6.    Frequency and quantity of project maintenance dredging.

7.    Detailed plans for dredge spoil disposal, including specific land disposal sites and relevant information on the disposal site, including, but not limited to:

a.    Dredge material disposal area;

b.    Physical characteristics including location, topography, existing drainage patterns, surface and ground water;

c.    Size and capacity of disposal site;

d.    Means of transportation to the disposal site;

e.    Proposed dewatering and stabilization of dredged material;

f.    Methods of controlling erosion and sedimentation; and

g.    Future use of the site and conformance with land use policies and regulations.

8.    Total estimated initial dredge volume.

9.    Plan for disposal of maintenance spoils for at least a 20-year period, if applicable.

10.    Hydraulic modeling studies sufficient to identify existing geohydraulic patterns and probable effects of dredging. (Ord. 2112 § 3 (Exh. C), 2013).

13.11.070 Fill.

A.    Fill waterward of the OHWM, except fill to support ecological restoration, requires a conditional use permit and may be permitted only when:

1.    In conjunction with water-dependent or public access uses allowed by this SMP;

2.    In conjunction with a levee, bridge, navigational structure, or transportation facility of statewide significance for which there is a demonstrated public need and where no feasible upland sites, design solutions, or routes exist;

3.    In conjunction with implementation of an interagency environmental clean-up plan to clean up and dispose of contaminated sediments; or

4.    In conjunction with any other environmental restoration or enhancement project.

B.    Waterward of the OHWM, pile or concrete pier supports shall be utilized whenever feasible in preference to fills. Fills for approved road development in floodways or wetlands shall be permitted only if pile or concrete pier supports are proven not feasible.

C.    Fill upland and waterward of the ordinary high water mark shall be permitted only where it is demonstrated that the proposed action will not:

1.    Result in significant ecological damage to water quality, fish, and/or wildlife habitat; or

2.    Adversely alter natural drainage and circulation patterns, currents, river flows or significantly reduce flood water capacities;

3.    Alter channel migration, geomorphic, or hydrologic processes;

4.    Significantly reduce public access to the shoreline or significantly interfere with shoreline recreational uses.

D.    Fills are allowed in floodplains outside of the floodway only where they would not alter the hydrologic characteristics, flood storage capacity, or inhibit channel migration that would, in turn, increase flood hazard or other damage to life or property and are consistent with FEMA standards and BMC 13.13.040, Frequently flooded areas.

E.    Fills are prohibited in the floodway, except when approved by conditional use permit and where required in conjunction with uses allowed by this SMP.

F.    Fill shall be of the minimum amount and extent necessary to accomplish the purpose of the fill.

G.    Fill shall be “clean” and free of contaminants pursuant to Chapters 173-204 and 173-340 WAC or fill shall be obtained from a Washington State Department of Ecology approved site. (Ord. 2112 § 3 (Exh. C), 2013).

13.11.080 Forest practices.

Forest practice applications shall meet all local, state, and federal regulations regarding forest practices and land clearing and ensure no net loss of ecological function. (Ord. 2112 § 3 (Exh. C), 2013).

13.11.090 Industry.

A.    Review Criteria. The city shall utilize the following information in its review of all industrial development applications:

1.    Whether the proposal includes water-dependent, water-related, or water-oriented aspects or components of the use or activity;

2.    Whether the proposed industrial use is consistent with the use matrix of BMC 13.07.080;

3.    Whether the proposed industrial use makes adequate provisions for public and private visual and physical shoreline access; and

4.    Whether the application makes adequate provisions to prevent or mitigate adverse environmental impacts; and

5.    Whether the application makes adequate provisions to provide for shoreline ecological or critical area mitigation, where appropriate.

B.    Water-oriented and non-water-oriented industrial uses are permitted on North Creek subject to the standards of this SMP. Water-dependent industrial development shall be a permitted use and non-water-dependent industrial uses shall be a conditional use within high intensity and aquatic shoreline environments associated with the Sammamish River; however, where a new non-water-dependent industrial use meets the criteria in subsection C of this section, it shall be considered permitted. Applications for new industrial development on the Sammamish River shall demonstrate that the proposed use would not impede navigability of the river.

C.    Applications for new non-water-oriented industrial uses shall demonstrate at least one of the following:

1.    The industrial use is part of a mixed use project that includes water-dependent uses.

2.    Navigability is severely limited at the proposed site; and the use provides a public benefit with respect to the objectives of the Act such as providing public access and ecological restoration that would not be achieved except for the presence of the industrial use.

3.    The industrial use is physically separated from the shoreline by another property or public right-of-way.

D.    All loading and service areas shall be located upland of the activity. Loading and service areas shall be screened from adjacent uses to protect the aesthetics of the shoreline.

E.    Industrial development and redevelopment shall be encouraged to locate where environmental cleanup and restoration of the shoreline area can be incorporated. (Ord. 2112 § 3 (Exh. C), 2013).

13.11.100 In-stream structures.

In-stream structures are those structures placed by humans within a stream or river waterward of the OHWM that either cause or have the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat enhancement, or other purpose. Docks, floats and marinas are not regulated as “in-stream structures” under this section of the SMP.

A.    General.

1.    The location, planning and design of in-stream structures shall be compatible with the following:

a.    The full range of public interests, including demand for public access to shoreline waters, desire for protection from floods, and need for preservation of historical and cultural resources; and

b.    Protection and preservation of ecosystem-wide processes and ecological functions, including, but not limited to, fish and wildlife, with special emphasis on protecting and restoring priority habitats and species, and water resources and hydrogeological processes.

2.    Structures shall be designed, located, and constructed consistent with mitigation sequencing principles in BMC 13.09.020(B) and in such a manner as to avoid topographical alteration of more than four feet and as otherwise limited by floodplain regulations found in BMC 13.13.040. Structures shall be designed and located to minimize removal of riparian vegetation and, if applicable, to return flow to the stream in as short a distance as possible.

3.    Subject to the approval of the appropriate state authority, in-stream structures shall provide for adequate upstream and downstream migration of anadromous fish. The city shall not approve an in-stream structure project that adversely affects anadromous fish or state-listed priority species or adversely modifies habitat for fish or state-listed priority species.

4.    Utilities and transmission lines shall be located so as to minimize obstruction or degradation of views, and comply with applicable provisions of BMC 13.11.170, Utilities.

5.    Mitigation shall be required of the proponent for the loss of ecological functions and processes pursuant to BMC 13.09.020, and consistent with provisions found in applicable sections of Chapter 13.13 BMC. No net loss in function, value, or acreage shall occur from such development.

6.    In-stream structures may be required to provide public access, provided public access improvements do not create significant ecological impacts or other adverse environmental impacts to and along the affected shoreline nor create a safety hazard to the public. Public access provisions shall include, but not be limited to, any combination of trails, vistas, parking, and any necessary sanitation facilities. Required public access sites shall be dedicated for public use through fee acquisition or recorded easement or any action that permanently dedicates the sites as public access.

B.    Submittal Requirements. In addition to the standard requirements listed in BMC 13.17.030, Review and processing requirements, all permit applications for in-stream structures shall contain, at a minimum, the following additional information:

1.    A site suitability analysis, which provides sufficient justification for the proposed site. The analysis must fully address alternative sites for the proposed development;

2.    Proposed location and design of primary and accessory structures, transmission equipment, utility corridors, and access/service roads;

3.    Provision for public access to and along the affected shoreline and proposed recreational features at the site, where applicable;

4.    A plan that describes the extent and location of vegetation that is proposed to be removed to accommodate the proposed facility, and any site revegetation plan required by this SMP;

5.    A hydraulic analysis prepared by a licensed professional engineer that sufficiently describes the project’s effects on stream way hydraulics, including potential increases in base flood elevation, changes in stream velocity, and the potential for redirection of the normal flow of the affected stream;

6.    A hydrologic analysis that analyzes the project’s effects on ecological processes, including delivery and rate of water and sediment, geomorphology, and recruitment of large woody debris;

7.    Biological resource inventory and analysis that sufficiently describe the project’s effects on fish and wildlife resources, prepared by a qualified professional as defined in Chapter 13.03 BMC;

8.    Provision for erosion control, protection of water quality, and protection of fish and wildlife resources during construction; and

9.    Long-term management plans that describe, in sufficient detail, provisions for protection of in-stream resources during construction and operation. The plan shall include means for monitoring its success. (Ord. 2112 § 3 (Exh. C), 2013).

13.11.110 Private residential docks.

Regulations in this section apply only to private residential docks serving four or fewer residential units. Other types of docks or boating-related modifications and uses are addressed separately in BMC 13.11.030, Boating facilities.

A.    General.

1.    New docks shall be allowed only for water-dependent uses or public access. For the purposes of this provision a dock associated with a single-family residence is a water-dependent use; provided, that it is designed and intended as a facility for access to watercraft and otherwise complies with the provisions of this section.

2.    Private residential docks are prohibited on Swamp and North Creeks. Private residential docks are allowed on the Sammamish River, and shall consist of a ramp extending from the shoreline to a float, oriented parallel to the shoreline to minimize interference with navigation and public use of the river. Piers, intended as boat moorage facilities, are prohibited on all water bodies. See definition of pier.

3.    A new, private residential dock may be permitted for each single-family residential lot and multifamily residential parcel exclusively owned for residential use and developed with such use prior to February 6, 2013; provided, that no more than one dock for each single-family residence or multifamily parcel is permitted.

4.    In the following circumstances, a joint use dock shall be required:

a.    On lots subdivided after February 6, 2013, that create one or more additional lots with waterfront access rights.

b.    New residential development of two or more multifamily or single-family dwelling units after February 6, 2013, with waterfront access rights.

5.    When a joint-use dock serves more than four residential units, it is regulated under BMC 13.11.030, Boating facilities, as a community dock.

6.    No skirting is allowed on any structure.

7.    Private residential docks shall not include covered or walled structures.

8.    Lighting associated with over-water structures shall be beamed, hooded, or directed to avoid causing glare on adjacent properties and into the water. Illumination levels shall be the minimum necessary for safety.

9.    Private residential docks shall be marked with reflectors or otherwise identified to prevent unnecessarily hazardous conditions for water surface users during the day or night. Exterior finish shall be generally nonreflective.

10.    Proposals for the replacement of entire ramps, floats, or piles shall comply with all applicable regulations in this section.

11.    Additions to private residential docks may be permitted when a single-use dock is converted to a joint-use dock or when the applicant demonstrates a need for increased moorage area; however, under no circumstances shall the proposed additions cause any of the standards of this section to be exceeded.

12.    Removal of sediment that is deposited beneath and interferes with the normal use of private residential docks shall be governed by BMC 13.11.060.

13.    Repairs to existing legally established private residential docks where the nature of the repair is not described in the regulations of this section shall be considered minor and are permitted, consistent with all other applicable codes and regulations.

14.    All private residential docks shall be constructed and maintained in a safe and sound condition. Abandoned or unsafe structures shall be removed or repaired promptly by the owner.

15.    Private boat launches serving four or fewer residential units are prohibited on all water bodies. Boat launches serving more than four residential units providing for public access are regulated under BMC 13.11.030, Boating facilities.

16.    Existing habitat features (for example, large woody debris and substrate material) shall not be removed from the riparian or aquatic environment except to maintain navigation ways and legally established moorage areas, consistent with BMC 13.11.060 and Chapter 13.13 BMC, and when removal is the minimum necessary and adverse impacts are mitigated pursuant to BMC 13.09.020.

17.    Temporary moorages shall be permitted for vessels used in the construction of shoreline facilities. The design and construction of temporary moorages shall be such that upon termination of the project, the aquatic habitat in the affected area shall be returned to its preconstruction condition.

B.    Design and Construction Standards.

1.    All private residential dock dimensions shall be minimized to the maximum extent feasible, and otherwise comply with the design requirements found in Table 13.11.110-1. An illustration of a float is found in Figure 13.11.110-1. Proposed new, enlarged or replacement docks or floats that do not comply with the dimensional standards contained in this section may only be approved if they obtain a shoreline variance.

 

Table 13.11.110-1. Private Residential Dock Dimension and Design Standards
 

New Residential Dock

Dimensional and Design Standards

Maximum Area: surface coverage of over-water structures, NOT including the ramp

• 120 sq. ft. for single residential unit

• 240 sq. ft. for joint-use facility used by two residential units

• 360 sq. ft. for joint-use facility used by three residential units

• 480 sq. ft. for joint-use facility used by four residential units

Maximum Width

• 4 ft. for ramp

• 6 ft. for floats

Maximum Length

• Each float unit may be up to 20 feet per residential unit, and shall be laid end-to-end. The maximum length is thus 20 feet, 40 feet, 60 feet, and 80 feet for facilities serving one, two, three and four residential units, respectively.

• Ramps shall be the minimum length necessary to provide safe access to the float. The length of the ramp and the distance between the float and the OHWM are determined by the height of the bank above the OHWM and the distance waterward of the OHWM needed to place the float and a boat at a depth that does not result in grounding of the float or boat on the substrate or disturbance of the substrate by boat propeller action.

Decking and Material Standards

• Floats shall be decked with grating on all deck surfaces not underlain by float tubs, with a maximum area of float tub of 70 percent of the total float area. The number and area of float tubs shall be minimized to the amount necessary based on design and engineering considerations. Grating shall allow for a minimum of 40 percent light transmission. The city shall also approve other configurations that provide equal or greater effective light transmission.

• Ramps shall be fully grated.

• Any paint, stain or preservative applied to components of the over-water structure must be leach-resistant, completely dried or cured prior to installation. Materials shall not be treated with pentachlorophenol, creosote, chromated copper arsenate (CCA) or comparably toxic compounds as outlined in the latest edition of the Western Wood Preservers Institute Best Management Practices for the Use of Treated Wood in Aquatic and Sensitive Areas.

• All float tubs shall be fully encapsulated.

Location

• Floats shall be located no less than five feet and no more than 10 feet from the ordinary high water mark measured from the landward edge of the float. To avoid interfering with river navigation and public use of the water, private moorage facilities may extend no farther waterward than one-third the width of the river in the location of the proposed structure.

– The shoreline administrator may allow floats to be positioned up to an additional 10 feet waterward from the ordinary high water mark as needed to reach a sufficient boat moorage depth (greater than three feet).

• Floats shall be located at least 50 feet from the mouth of any named or numbered tributary entering the Sammamish River.

• Private moorage facilities shall be located at least 10 feet from the extended side property lines, except for joint-use structures, which may abut property lines; provided, that adjacent property owners have mutually agreed to the structure location.

Anchor Piles

• No more than two anchor piles shall be allowed per private moorage facility (shared facilities may have two piles per 20 feet of float length, but the number of piling for such facilities shall be the minimum number given site-specific engineering and design considerations).

• Anchor piles shall be the minimum size feasible given site-specific engineering and design considerations, but in no cases shall anchor piles be greater than 12 inches in diameter.

• Piles shall not be treated with pentachlorophenol, creosote, CCA or comparably toxic compounds. If ACZA piling are proposed, the applicant will meet all of the best management practices, including a post-treatment procedure, as outlined in the amended Best Management Practices of the Western Wood Preservers.

Mitigation for New or Additions to Existing Docks, Floats or Over-Water Structures

• Any existing in-water and over-water structures shall be removed if they are associated with either a private residential dock other than the subject dock, or other recreational use.

• Native riparian vegetation shall be planted along at least 80 percent of the water frontage by length along the water’s edge. The vegetated area shall average 10 feet in depth from the OHWM, but may be a minimum of five feet wide to allow for variation in landscape bed shape and plant placement. Total square feet of landscaped area shall be equal to a continuous 10-foot-wide area. Joint-use docks required under the provisions of this SMP shall have the required vegetated area along all properties sharing the dock. Other joint-use docks shall be required to provide the same mitigation as required for one property, which can be split evenly between the subject properties.

• Mitigation plantings shall consist of a mixture of native trees, shrubs and groundcover and be designed to improve habitat functions. At least three trees per 100 linear feet of shoreline or three trees per property, whichever greater, and 60 percent shrubs must be included in the plan. Plant density and spacing shall be appropriate for the site and commensurate with spacing recommended for each individual species proposed. An alternative planting plan or mitigation measure in lieu of meeting these requirements shall be allowed if approved by other state and federal agencies. In addition, the city shall accept existing native trees, shrubs and groundcover as meeting the requirements of this section, including vegetation previously installed as part of a prior development activity; provided, that the existing vegetation provides a landscape strip at least as effective in protecting shoreline ecological functions as the required vegetation.

Boatlifts

• One free-standing or floating boatlift is allowed per detached dwelling unit; OR

• Two jet ski lifts or one fully grated platform lift is allowed per detached dwelling unit.

• Boatlift-mounted canopies are prohibited.

• Boatlifts shall be located on the waterward side of the dock.

• A maximum of two cubic yards of fill are permitted to anchor a boatlift, subject to the following requirements:

– May only be used if the substrate prevents the use of anchoring devices that can be embedded into the substrate;

– Must be clean;

– Must consist of rock or pre-cast concrete blocks;

– Must only be used to anchor the boatlift;

–Minimum amount of fill is utilized to anchor the boatlift.

Mooring Buoys

• No more than one mooring buoy is permitted per detached dwelling unit, in lieu of a dock.

• Mooring buoys may not interfere with navigation.

Figure 13.11.110-1. Float Illustration

(Ord. 2112 § 3 (Exh. C), 2013).

13.11.120 Recreational development.

A.    Recreational uses and facilities located within shoreline jurisdiction shall include features that relate to access, enjoyment and use of the water and shorelines of the state.

B.    Sites with fragile and unique shoreline conditions such as high rank order wetlands and wildlife habitats shall be used only for nonintensive recreation activities, such as trails, viewpoints, interpretive signage and similar passive and low-impact facilities.

C.    Accessory uses and support facilities such as maintenance facilities, utilities, and other non-water-oriented uses shall be consolidated and located in upland areas outside shoreline, wetland and riparian buffers unless such facilities, utilities, and uses are allowed in shoreline buffers based on the regulations of this SMP.

D.    Structures associated with recreational development shall not exceed 35 feet in height. Exceptions for mechanical equipment and alternative architectural design may be allowed by the shoreline administrator in accordance with BMC 13.07.090, Table 13.07.090-1, footnote A.1.

E.    Recreational development shall minimize effective impervious surfaces in shoreline jurisdiction and incorporate low impact development techniques consistent with the Bothell Surface Water Design Manual. The following standards shall apply:

1.    Natural environment: 10 percent maximum effective impervious surface;

2.    Urban conservancy: 10 percent maximum effective impervious surface – sites greater than 25 acres; 20 percent maximum effective impervious surface – sites less than 25 acres;

3.    Shoreline residential: 50 percent maximum effective impervious surface; and

4.    Marina and high intensity: Consistent with underlying zoning requirements.

F.    Golf courses, playfields and other turf grass areas that require the use of fertilizers, pesticides, or other chemicals shall demonstrate best management practices and methods to prevent these chemical applications and resultant leachate from entering adjacent water bodies.

G.    Recreational facilities shall provide vegetated physical separations from adjacent nonrecreational properties at least 20 feet wide consisting of landscaped strips, fences, signs, and other impediments to minimize potential impacts to private property.

H.    Fishing or viewing platforms are only permitted on the Sammamish River and shall comply with the following minimum design standards (see Figure 13.11.120-1 for illustration):

1.    The size of the structure should be the minimum necessary to safely accommodate the intended uses and number of users, and shall be no larger than 20 feet in width along the shoreline and eight feet deep over water.

2.    The structure should not interfere with navigation nor block, obstruct or make dangerous any existing or planned public shoreline access.

3.    The structure may be either a dock (ramp to float) design, or may be elevated on fixed piles. Either design must incorporate the maximum amount of functional grating that is feasible into the deck of the float or platform. If the structure utilizes piles, they must be the fewest number and smallest diameter feasible as determined by engineering requirements. If the structure utilizes a float, the landward edge of the float may be no farther than 10 feet waterward of the OHWM.

4.    The structure shall comply with the same materials requirements for piles, decking or floats as found in BMC 13.11.030, Boating facilities.

5.    Application materials for new or expanded over-water recreation structures shall provide habitat surveys, critical area studies, and mitigation plans as required by BMC 13.09.020, Environmental protection, and Chapter 13.13 BMC, Critical Areas Regulations in Shoreline Jurisdiction, as applicable. The mitigation plan shall discuss how the proposed project avoids and minimizes adverse impacts consistent with the facility’s sizing needs. A slope bathymetry map may be required when deemed beneficial by the shoreline administrator for the review of the project proposal.

I.    Fishing or viewing platforms shall not provide boat moorage. See BMC 13.11.030, Boating facilities, or BMC 13.11.110, Private residential docks.

J.    Recreational development shall meet environmental protection standards of BMC 13.09.020.

Figure 13.11.120-1. Illustration of Fishing or Viewing Platform

(Ord. 2112 § 3 (Exh. C), 2013).

13.11.130 Residential development.

A.    Review Criteria. The city shall utilize the following information in its review of all shoreline jurisdiction residential development applications:

1.    Whether the proposed residential use is consistent with the use matrix of BMC 13.07.080;

2.    Whether adequate provisions are made for public and private visual and physical shoreline access;

3.    Whether the application makes adequate provisions to prevent or mitigate adverse environmental impacts; and

4.    Whether the application makes adequate provisions to provide for shoreline ecological or critical area mitigation, where appropriate.

B.    Applications for new shoreline residences shall ensure that shoreline stabilization and flood control structures are not necessary to protect proposed residences.

C.    New floating residences and over-water residential structures shall be prohibited in shoreline jurisdiction.

D.    Accessory uses and structures shall be located landward of the principal residence, unless the structure is or supports a water-dependent use.

E.    Detached residential development may be clustered where appropriate to minimize physical and visual impacts on shorelines as outlined below:

1.    Within detached zoning classifications, the minimum lot area per single-family dwelling unit may be reduced by as much as 40 percent. For example, properties with a zoning classification of R 9,600 may have a minimum lot area of 5,760 square feet.

2.    Within detached zoning classifications, minimum lot circle diameter may be reduced by as much as 50 percent. For example, properties with a zoning classification of R 9,600 may have a minimum lot circle diameter of 40 feet.

3.    The number of lots for any subdivision proposed under these modification provisions shall not exceed the number of lots which could be obtained under city-wide regulations regarding lot area and dimension, street configuration, surface water facilities, critical areas regulations, and all other requirements applied to properties located outside the shoreline jurisdiction area.

4.    Land area equal to or greater than the combined reduction in lot area allowed above shall be set aside into a separate tract(s) dedicated to the city, held in an undivided interest by each owner of a building lot within the development with the ownership interest passing with the ownership of the lot, or held by an incorporated homeowner’s association or other legal entity (such as a land trust, which ensures the ownership, maintenance, and protection of the tract).

5.    See BMC 13.09.050(Q) for potential density incentives for the provision of new parallel public access trails. (Ord. 2112 § 3 (Exh. C), 2013).

13.11.140 Shoreline habitat and natural systems enhancement projects.

A.    Shoreline restoration and ecological enhancement projects shall be permitted in all shoreline environments, provided the project’s purpose is the restoration of the natural character and ecological functions of the shoreline, and shall be consistent with any applicable requirements of Chapter 13.13 BMC, Critical Areas in Shoreline Jurisdiction.

B.    “Major” restoration projects as used in this section incorporate all work elements waterward of the ordinary high water mark and any activity in wetlands, and may include upland elements as well. “Minor” restoration projects consist only of upland activities above the ordinary high water mark and outside of wetlands, and are conducted without the use of heavy machinery. Typically, minor shoreline restoration projects may include removal of invasive vegetation, installation of native vegetation, or placement of habitat logs or structures.

C.    “Major” restoration and enhancement projects shall be carried out in accordance with an approved shoreline restoration plan prepared by a qualified professional (see Chapter 13.03 BMC for complete definition) with experience and education or training in the pertinent discipline and containing the following plan details:

1.    Inventory of existing shoreline environment, including the physical, chemical and biological elements and an assessment of their condition;

2.    A discussion of any federal, state, or local special management recommendations for species or habitats located on the site that will be incorporated into the plan;

3.    A discussion of proposed measures to minimize any temporary adverse impacts of the project to ensure no net loss of shoreline ecological functions;

4.    Scaled drawings of existing and proposed conditions, materials specifications, construction sequence, and a five-year maintenance and monitoring plan, including relevant performance standards applicable to all restoration plan components, such as vegetation, large woody debris, or substrate;

5.    Contingency plan if the restoration plan fails to meet performance standards included in the project restoration plan; and

6.    Any additional information necessary to determine the impacts of a proposal and mitigation of any adverse impacts.

D.    “Minor” restoration and enhancement projects shall be carried out in accordance with an approved shoreline restoration plan prepared using applicable guidance promulgated by city, county, or state agencies or other environmentally founded organizations such as the Washington Native Plant Society. Such plans shall include:

1.    A description of the existing and proposed condition, focusing on the element to be restored or enhanced;

2.    A discussion of proposed measures to minimize any temporary adverse impacts of the project to ensure no net loss of shoreline ecological functions;

3.    Scaled drawings of existing and proposed conditions, materials specifications, construction sequence, and a three-year maintenance and monitoring plan; and

4.    Any additional information necessary to determine the impacts of a proposal and mitigation of any adverse impacts.

E.    All shoreline restoration and enhancement projects shall protect the long-term integrity of adjacent natural resources, including aquatic habitats and water quality, and shall make appropriate provisions to reduce or mitigate temporary impacts, such as implementing erosion control, conducting work during those times authorized by the state Department of Fish and Wildlife, and other measures as stipulated by the shoreline administrator.

F.    Major shoreline restoration and enhancement projects are allowed if the project applicant demonstrates that no significant long-term change to sediment transport will result and that the enhancement project will not adversely affect ecological function, ecosystem-wide processes, properties, or habitat.

G.    Major and minor restoration activities that damage fish and wildlife resources, degrade recreation and aesthetic resources, result in a net loss of ecological functions, or result in high flood stages and velocities are prohibited.

H.    Major restoration and enhancement projects shall be designed using the best available scientific and technical information, and implemented using best management practices. Applicants should consult manuals produced by the Washington Department of Fish and Wildlife, including but not limited to the Stream Habitat Restoration Guidelines Final Draft (2004, as amended) and Integrated Streambank Protection Guidelines (2002, as amended).

I.    Shoreline restoration and enhancement shall not permanently interfere with the normal public use of the navigable waters of the state without appropriate mitigation. (Ord. 2112 § 3 (Exh. C), 2013).

13.11.150 Shoreline stabilization.

Shoreline stabilization includes actions taken to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as current, flood, wind, or wave action. These actions include structural and nonstructural methods. Nonstructural methods include shoreline buffers or setbacks, relocation of the structure to be protected, groundwater management, and planning and regulatory measures to avoid the need for structural stabilization. Structural methods include hard and soft structural stabilization. “Hard” structural stabilization measures refer to those with solid, hard surfaces, such as concrete or stacked boulder bulkheads, while “soft” structural measures utilize more natural arrangements of hard and soft materials, including boulders, cobble, gravels, large woody debris and vegetation. Soft shoreline stabilization is preferred because it protects development while minimizing impacts to ecological functions. Generally, the harder the construction measure, the greater the impact on shoreline processes, including sediment transport, geomorphology, and biological functions.

A.    General.

1.    The feasibility of nonstructural or soft structural shoreline stabilization using natural materials, such as logs, root wads, plant materials, soil stabilization and other soft methods, shall be evaluated when new, enlarged or replacement hard structural shoreline stabilization measures are being considered. The appropriate documentation per subsection H of this section shall be submitted to demonstrate that nonstructural and soft structural alternatives have been thoroughly evaluated, and only the softest technique that will accomplish the necessary stabilization shall be approved.

2.    A qualified professional (see Chapter 13.03 BMC for complete definition) with experience and education or training in the pertinent discipline, such as a fisheries biologist, hydrogeologist, geotechnical engineer, or landscape architect, shall prepare shoreline stabilization plans. The required geotechnical report must be prepared by a professional engineer or geologist who has professional expertise about the regional and local shoreline geology and processes.

3.    When any structural shoreline stabilization measures are demonstrated to be necessary, the size of stabilization measures shall be limited to the minimum necessary.

4.    Shoreline stabilization shall be designed so that no net loss of ecological functions occurs.

5.    Publicly financed or subsidized shoreline erosion control measures shall not restrict appropriate public access to the shoreline except where such access is determined to be infeasible because of incompatible uses, safety, security, or harm to ecological functions. Where feasible, ecological restoration and public access improvements shall be incorporated into the project.

B.    New or Enlarged Shoreline Stabilization Structures.

1.    New development shall be located and designed to avoid the need for new or enlarged shoreline stabilization.

2.    New development on erosion or landslide geologically hazardous areas, as defined and regulated in BMC 13.13.050, shall be designed to ensure that shoreline stabilization is unlikely to be necessary during the life of the structure, as demonstrated by a geotechnical analysis.

3.    New shoreline stabilization which causes significant adverse impacts to adjacent or down-current properties and shoreline areas shall not be allowed.

4.    Lots shall not be created by the subdivision process if such lots require shoreline stabilization in order to accommodate development.

5.    New or enlarged structural stabilization measures shall be allowed in the following circumstances:

a.    To protect an existing primary structure, including residences, when conclusive evidence, documented by a geotechnical report prepared by a qualified professional engineer or geologist, is provided that the structure is in danger from shoreline erosion caused by currents, boat wakes, or waves. Normal sloughing or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need. The geotechnical analysis should evaluate on-site drainage issues and address drainage problems before considering shoreline stabilization.

b.    In support of new non-water-dependent development, including single-family residences, when all of the conditions below apply:

(1)    The erosion is not being caused by upland conditions inside or outside of shoreline jurisdiction, such as drainage or the loss of vegetation;

(2)    Nonstructural measures, such as placing the development farther from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient to adequately address adverse erosion impact; and

(3)    The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report prepared by a qualified professional engineer or geologist. The damage must be caused by conditions beyond the control of the applicant, such as natural processes, including currents or waves.

c.    In support of water-dependent development when all of the conditions below apply:

(1)    The erosion is not being caused by upland conditions on the subject property, such as drainage, the presence of inadequate on-site surface water control, or the loss of vegetation. Upland conditions on the subject property that result in erosion should be addressed before approving new or enlarged shoreline stabilization;

(2)    The erosion is being caused by upland conditions outside of shoreline jurisdiction or on adjacent properties outside of the applicant’s control, such as drainage, the presence of inadequate upstream surface water control, or the loss of vegetation;

(3)    Nonstructural measures, such as planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient to adequately address erosion causes or adverse impacts; and

(4)    The need to protect primary structures, including residences, from damage due to erosion is demonstrated through a geotechnical report prepared by a qualified professional engineer or geologist who has professional expertise about the regional and local shoreline geology and processes.

d.    To protect projects for the restoration of ecological functions or for hazardous substance remediation projects pursuant to Chapter 70.105D RCW when nonstructural measures, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient to adequately address erosion causes or adverse impacts.

C.    Replacement of Existing Shoreline Stabilization Structures.

1.    For purposes of this section, “replacement” means the construction of new shoreline stabilization to perform the shoreline stabilization function of an existing structure which can no longer adequately serve its purpose due to age, deterioration, or increased flood flow rates and volumes. Replacements that include additions to or increases in size of existing shoreline stabilization measures shall be considered new structures.

2.    An existing structural stabilization structure may be replaced subject to the following provisions:

a.    There is a demonstrated need to protect principal uses or structures from erosion caused by currents, tidal action, or waves.

b.    Replacement hard structural shoreline stabilization measures protecting existing residences shall not encroach waterward of the OHWM or waterward of the existing shoreline stabilization measure unless the residence was occupied prior to January 1, 1992, and there is overriding safety or environmental concerns. In such cases, the replacement structure shall abut the existing shoreline stabilization structure. All other replacement hard structural shoreline stabilization measures shall be located at or landward of the existing shoreline stabilization structure.

c.    Shoreline stabilization measures may allow some fill waterward of the OHWM to provide enhancement of shoreline ecological functions through improvements in substrate condition or gradient.

3.    When replacement is allowed pursuant to the provisions of subsection (C)(2) of this section, an existing structural stabilization structure shall be replaced with the softest stabilization measure that will provide the necessary level of stabilization consistent with the findings of the required submittal documents outlined in subsection H of this section.

D.    Repair of Existing Shoreline Stabilization Structures.

1.    For purposes of this section, “repair” means modifications or improvements to an existing shoreline stabilization structure that are designed to ensure the continued function of the structure by preventing failure of any part.

2.    “Repair” shall not include:

a.    Additions to or increases in size of existing shoreline stabilization structures. Such additions or increases shall be considered new or enlarged structures;

b.    The placement of a new shoreline stabilization structure landward of a failing shoreline stabilization structure. Such placement shall be considered a new structure; and

c.    Replacement of greater than 50 percent of the linear length of existing shoreline stabilization structure when an existing structure, including its footing or bottom course of rock, is removed prior to placement of new shoreline stabilization materials (repairs that involve only removal of material above the footing or bottom course of rock are not considered replacement). Such activity must be designed and reviewed as a replacement structure.

E.    General Design and Construction Standards.

1.    Areas of temporary disturbance within the shoreline buffer shall be stabilized within seven days of project completion, and revegetated within 30 days using native plant species that will return the area to its preproject condition or a condition with improved ecological functions such as increased native tree or shrub cover, or shade of water bodies.

2.    Soft shoreline stabilization structures shall be used to the maximum extent practicable for new, enlarged, and replacement of legally established shoreline stabilization structures, limiting hard shoreline stabilization structures to the portion or portions of those sites determined necessary to protect or support existing shoreline structures or trees, or where necessary to connect to existing hard structural shoreline stabilization structures on adjacent properties. Hard structural shoreline stabilization transition areas between the applicant’s otherwise soft shoreline structure and the adjacent hardened shoreline, when needed on the subject property to prevent destabilization of adjacent hardened shorelines, shall be minimized and extend into the applicant’s property from the property line no more than 10 feet and shall not extend onto the adjacent property.

3.    For enlarged or replacement shoreline stabilization structures, the following location and design standards are preferred in descending order:

a.    Conduct excavation and fill activities associated with the structural shoreline stabilization landward of the existing OHWM except as authorized above.

b.    Where subsection (E)(3)(a) of this section is not practicable because of overriding safety or environmental concerns, conduct necessary excavation and fill activities waterward of the existing OHWM as needed to implement a soft structural shoreline stabilization technique or to mitigate the adverse impacts of adjacent hard structural shoreline stabilization.

4.    All shoreline stabilization activities shall minimize and mitigate any adverse impacts to ecological functions resulting from short-term construction. Impact minimization techniques may include compliance with appropriate timing restrictions, use of best management practices to prevent adverse water-quality impacts related to upland or in-water work, and stabilization of exposed soils following construction.

5.    New and enlarged shoreline stabilization structures shall mitigate any adverse impacts to ecological functions by incorporating the following measures, at a minimum, if appropriate for local conditions:

a.    Restoration of appropriate substrate conditions waterward of the OHWM, including substrate composition and gradient. The material should be sized and placed to remain stable during at least a two-year flood event.

b.    Plant native riparian vegetation, as necessary, along at least 75 percent of the shoreline frontage affected by the new or enlarged stabilization. The vegetated portion of the shoreline buffer shall average 20 feet in depth from the OHWM, but may be a minimum of 10 feet wide to allow for variation in landscape bed shape and plant placement. Restoration of native vegetation shall consist of a mixture of trees, shrubs, and groundcover and be designed to improve habitat functions. At least three trees per 100 linear feet of shoreline must be included in the plan. Plant materials must be native to King or Snohomish County. An alternative planting plan or mitigation measure in lieu of meeting these requirements may be allowed if approved by other state and federal agencies.

6.    The shoreline stabilization structure shall not interfere with normal surface and/or subsurface drainage into the water body.

7.    The shoreline stabilization measure shall be designed so as not to constitute a hazard to navigation.

8.    Stairs or other water-access measures may be incorporated into the shoreline stabilization structures (e.g., steps integrated into the bulkhead), but shall not extend waterward of the shoreline stabilization structure and the OHWM.

9.    The shoreline stabilization structure shall be designed to ensure that it does not restrict appropriate public access to the shoreline. When a structural shoreline stabilization measure is required at a public access site, provisions for safe access to the water shall be incorporated into the shoreline stabilization structure design (e.g., steps integrated into the bulkhead). Access measures should not extend farther waterward than the face of the shoreline stabilization measure and the OHWM.

10.    Shoreline stabilization structures shall not extend waterward of the OHWM, except for soft shoreline stabilization elements which enhance shoreline ecological functions or are allowed under subsection (C)(2)(b) of this section.

11.    When repair or replacement shoreline stabilization structures intended to improve ecological functions shift the OHWM landward of the premodification location, any buffers from the OHWM or lot area for the purposes of calculating lot coverage shall be measured from the premodification location. The premodification OHWM shall be noted in a record of survey approved by the city of Bothell and recorded at the King or Snohomish County recorder’s office.

12.    Repair or replacement shoreline stabilization measures which relocate the OHWM landward of the premodification location, and result in an expansion of the shoreline jurisdiction on any property other than the subject property, shall not be approved until the applicant submits a copy of a statement signed by the legal owners of all affected properties, on a form approved by the city of Bothell and recorded at the King or Snohomish County recorder’s office, consenting to the shoreline jurisdiction creation and/or increase on such property.

F.    Design and Construction Standards for Soft Shoreline Stabilization Structures.

1.    The soft structural shoreline stabilization design shall provide sufficient protection of adjacent properties by tying in with the existing contours of the adjoining properties to prevent erosion at the property line. Projects that include necessary use of hard structural shoreline stabilization measures only near property lines in order to tie in with adjacent properties shall be permitted as soft shoreline stabilization measures. The length of hard structural shoreline stabilization transition area to adjacent properties should be minimized to the maximum extent practicable, and extend into the subject property from adjacent properties no more than 10 feet. The hard structural shoreline stabilization transition area shall not extend waterward of the OHWM, except as necessary to make the connection to the adjoining stabilization, and shall not extend onto the adjacent property.

2.    The soft shoreline stabilization design shall size and arrange any gravels, cobbles, logs, and boulders so that the project remains stable during a two-year flood event and dissipates wave and current energy, without presenting extended linear faces to oncoming waves or currents.

3.    The sizing and placement of all materials shall be selected to accomplish the following objectives:

a.    Protect the primary structures from erosion and other damage over the long term and accommodate the normal amount of alteration from currents and waves;

b.    Allow safe passage and migration of fish and wildlife; and

c.    Minimize or eliminate juvenile salmon predator habitat.

G.    Design and Construction Standards for Hard Shoreline Stabilization Structures.

1.    All new, enlarged, or replacement hard shoreline stabilization structures should minimize any long-term adverse impacts to ecological functions by incorporating the following measures into the design:

a.    Limiting the size of hard shoreline stabilization structures to the minimum necessary to protect existing upland development, including length, height, depth, and mass; and

b.    Shifting the hard shoreline stabilization structures landward and/or sloping the hard shoreline stabilization structures landward to provide some dissipation of wave energy and increase the quality or quantity of habitat.

2.    When hard structural shoreline stabilization is approved on a site where hard structural shoreline stabilization is not located on adjacent properties, the construction of hard structural shoreline stabilization shall tie in with the existing contours of the adjoining properties, as feasible, such that the proposed stabilization would not cause erosion of the adjoining properties.

3.    The following provisions apply when hard structural shoreline stabilization is approved on a site where hard structural shoreline stabilization is located on adjacent properties:

a.    The proposed stabilization may tie in flush with existing stabilization measures on adjoining properties; provided, that:

(1)    The new stabilization does not extend waterward of the OHWM, except as necessary to make the connection to the adjoining stabilization; and

(2)    The new stabilization does not extend onto the adjacent property.

b.    Where a portion of stabilization extends waterward of the OHWM per subsection (G)(3)(a)(1) of this section, the remaining portion of the stabilization shall be placed landward of the existing OHWM such that no net intrusion into the water body occurs nor does net creation of uplands occur.

4.    Backfill behind hard structural shoreline stabilization intended to protect single-family residences shall be limited to one cubic yard per running foot of stabilization. Any filling in excess of this amount shall be considered a regulated activity subject to the regulations in this SMP pertaining to fill activities and the requirement for obtaining a shoreline substantial development permit or shoreline conditional use permit.

H.    Submittal Requirements.

1.    For all new, enlarged, or replacement structural shoreline stabilization structures (including soft shoreline stabilization structures), detailed construction plans, including, but not limited to, the following:

a.    Plan and cross-section views of the existing and proposed shoreline configuration, showing accurate existing and proposed topography and ordinary high water lines; and

b.    Detailed construction sequence and specifications for all materials, including gravels, cobbles, boulders, logs, and vegetation.

2.    For projects that include native vegetation, a detailed five-year vegetation maintenance and monitoring program to include the following:

a.    Goals and objectives of the shoreline stabilization plan;

b.    Success criteria by which the implemented plan will be assessed;

c.    A five-year maintenance and monitoring plan, consisting of at least one site visit per year by a qualified professional, with annual progress reports submitted to the shoreline administrator and all other agencies with jurisdiction; and

d.    A contingency plan in case the performance objectives of the plan are not met.

3.    For new or enlarged hard or soft shoreline stabilization structures, a geotechnical report prepared by a qualified professional with an engineering license. The report shall include the following:

a.    An assessment of the necessity for structural shoreline stabilization by estimating time frames and rates of erosion and reporting on the urgency associated with the specific situation. New hard shoreline stabilization structures shall not be authorized, except when a report confirms that there is a significant possibility that an existing structure will be damaged within three years as a result of shoreline erosion in the absence of such hard shoreline stabilization structures, or where waiting until the need is immediate results in the loss of opportunity to use measures that would avoid adverse impacts on ecological functions. Where the geotechnical report confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as three years, the report may still be used to justify more immediate authorization to protect against erosion using soft structures.

b.    An assessment of the cause of erosion, looking at processes occurring both waterward and landward of the ordinary high water mark.

c.    An assessment of alternative measures to shoreline stabilization, including:

(1)    Placing the development farther from the ordinary high water mark.

(2)    Correcting any on-site groundwater or drainage issues that may be causing shoreline erosion.

4.    Where structural shoreline stabilization is determined to be necessary, the assessment must evaluate the feasibility of using soft shoreline stabilization structures in lieu of hard structural shoreline stabilization structures. Soft shoreline stabilization may include the use of gravels, cobbles, boulders, and logs, as well as vegetation.

5.    Design recommendations for minimum sizing of hard or soft structural shoreline stabilization materials, including gravel and cobble beach substrates necessary to dissipate wave energy, eliminate scour, and provide long-term shoreline stability.

6.    For replacements of existing hard shoreline stabilization structures with a similar hard structure, the applicant shall submit a written narrative providing a demonstration of need. The narrative must be prepared by a qualified professional and shall consist of the following:

a.    An assessment of the necessity for continued structural shoreline stabilization, considering site-specific conditions such as water depth, orientation of the shoreline, wave fetch or flow velocities, and location of the nearest primary structure.

b.    An assessment of erosion potential resulting from the action of waves or other natural processes operating at or waterward of the OHWM in the absence of the hard structural shoreline stabilization.

c.    An assessment of alternative measures to shoreline stabilization, including:

(1)    Relocating the development farther from the OHWM;

(2)    Correcting any on-site groundwater or drainage issues that may be causing shoreline erosion; and

(3)    An assessment of the feasibility of using soft shoreline stabilization measures in lieu of hard structural shoreline stabilization measures.

7.    Soft structural shoreline stabilization may include the use of gravels, cobbles, boulders, and logs, as well as vegetation.

8.    Design recommendations for minimizing adverse impacts of any necessary hard structural shoreline stabilization.

9.    A demonstration of need may be waived when an existing hard shoreline stabilization structure is proposed to be repaired or replaced using soft shoreline stabilization structure that would result in significant restoration of shoreline ecological functions or processes. (Ord. 2112 § 3 (Exh. C), 2013).

13.11.160 Transportation.

A.    Parking facilities are not a water-dependent use and shall only be permitted in the shoreline to support an authorized use where it can be demonstrated to the satisfaction of the shoreline administrator that there are no feasible alternative locations away from the shoreline.

B.    Parking facilities shall be located upland of the principal structure, building, or development they serve, and preferably outside of shoreline jurisdiction, except:

1.    Where the proponent demonstrates that an alternate location would reduce adverse impacts to the shoreline and adjacent uses; and/or

2.    Where another location is not feasible due to the presence of existing transportation facilities or traffic engineering standards; and/or

3.    Except when Americans with Disability Act (ADA) standards require otherwise.

    In such cases, the applicant shall demonstrate measures to reduce adverse impacts of parking facilities in shoreline jurisdiction such as low impact development techniques, buffering, or other measures approved by the shoreline administrator.

C.    Parking facilities shall be landscaped in a manner to minimize adverse visual and aesthetic impacts upon adjacent shoreline and abutting properties. Parking shall not be allowed in the required waterfront buffer areas.

D.    If located in the side yard or waterward side of a structure, loading areas shall be screened from view of pedestrians on either side of the waterway. The visual screen shall be composed of a fence or wall with trees and shrubs consistent with city landscape standards.

E.    New transportation infrastructure such as streets, street expansions or railroads shall not be built within shoreline jurisdiction unless other locations are not feasible and/or costs would be disproportionate and unreasonable to the total long-term cost of the development. For the purposes of this section, “disproportionate and unreasonable” means the alternative locations would add more than 20 percent to the total project cost.1

F.    When transportation infrastructure is unavoidable in the shoreline jurisdiction, proposed transportation facilities shall be planned, located, and designed to achieve the following:

1.    Meet mitigation sequencing provisions of BMC 13.09.020;

2.    Avoid adverse impacts on existing or planned water-oriented uses; and

3.    Set back from the OHWM to allow for a usable shoreline area for vegetation conservation and planned shoreline uses unless infeasible.

G.    New motorized transportation facilities within shoreline jurisdiction shall be designed to minimize grading, vegetation clearing, and alterations of the natural topography. Permit applications shall contain best management practices for preventing erosion and degradation of surface water quality.

H.    When water crossing is determined to be a necessity, transportation facilities shall cross the shoreline jurisdiction by the shortest and most direct route feasible. This requirement shall only be waived when such a route would cause more disruption or damage to the environment than a less direct one.

I.    Bridge supports and abutments shall be designed consistent with flood hazard regulations in BMC 13.09.060, and shall avoid interrupting stream channel processes.

J.    Shoreline crossings and culverts shall be designed to minimize adverse impact to riparian and aquatic habitat and shall allow for fish passage.

K.    Trails shall be designed consistent with public access requirements in BMC 13.09.050, Public access. (Ord. 2112 § 3 (Exh. C), 2013).

13.11.170 Utilities.

A.    In addition to the other submittal requirements of this title, applications for installation of utility facilities shall include the following:

1.    Reason why utility facility must be in a shoreline area, for example the utility serves development within shoreline jurisdiction or the utility is gravity dependent;

2.    Alternative locations considered and reasons for their elimination;

3.    Location of the same, similar or other utility facilities in the vicinity of the proposed project;

4.    Proposed method(s) of construction, for example deep cut trench, directional boring, or coffer dams;

5.    Plans for reclamation of areas to be disturbed during construction;

6.    Landscape plans, consistent with the vegetation conservation and installation standards of BMC 13.09.030;

7.    Methods to achieve no net loss of ecological function and minimize clearing of native vegetation; and

8.    Consistency with the city of Bothell, or applicable district comprehensive water, sewer or surface water comprehensive plans.

B.    Utility lines shall be consolidated within a single easement and utilize existing rights-of-way rather than developing new ones unless determined infeasible by the shoreline administrator.

C.    Any publicly owned utility which must of necessity cross the shoreline shall be designed and operated to reserve the option of general public recreational usage of the right-of-way in the future. This option shall be exercised by the public only where:

1.    The public will not be exposed to dangers from the utility equipment; and

2.    The utility itself will not be subjected to unusual risks of damage by the public.

D.    Utility facilities shall be designed and located in a manner that protects scenic views and minimizes adverse aesthetic impacts. They must be landscaped to enhance the appearance from surrounding areas in accordance with landscape standards applicable to the underlying zone.

E.    All underwater pipelines or those paralleling the waterway transporting liquids potentially injurious to aquatic life or water quality are prohibited, unless no other alternative exists to serve a public interest. In those limited instances where permitted, shut-off valves shall be provided at both sides of the water body except for public sanitary sewers of a gravity or siphon nature.

F.    New utilities which must be constructed across shoreline jurisdiction must submit a reclamation plan demonstrating restoration of the shoreline to at least its existing condition. Upon completion of utility installation or maintenance, any disturbed areas shall be regraded to be compatible with the natural terrain of the area and revegetated with appropriate native plants to prevent erosion.

G.    In areas where utilities must cross shoreline jurisdiction, they shall do so by the most direct route feasible, unless such a route would negatively impact an environmentally critical area, obstruct public access to the shoreline, or interfere with the navigability of a water body regulated by this SMP.

H.    Utilities shall be bored beneath the water body such that the shoreline substrate is not disturbed.

I.    Minor trenching to allow the installation of necessary underground pipes or cables if no alternative, including boring, is feasible, and:

1.    Impacts to fish and wildlife habitat are avoided to the maximum extent possible;

2.    The utility installation shall not increase or decrease the natural rate, extent, or opportunity of channel migration; and

3.    Appropriate best management practices are employed to prevent water quality impacts or other environmental degradation.

J.    Use of construction methods that avoid greater impact shall be used when feasible, which may include directional boring, use of sleeves or other construction methods that reduce or avoid temporary and long-term adverse ecological impacts.

K.    Utility installation and maintenance operations shall be conducted in a manner that does not negatively affect surface water quality or quantity.

1.    Applications for new utility projects in shoreline jurisdiction shall include a list of best management practices to protect water quality.

2.    Surface Water Outfalls.

a.    Storm water outfalls to shorelines or other water bodies shall be constructed in a manner that duplicates the functions and appearance of a natural stream or creek discharging into the water body.

b.    All outfalls shall be required to install native vegetation consistent with Table 13.13.060-3, Buffer Reduction Option 1, and shall consist of trees, shrubs and groundcovers consistent with the following planting standards:

(1)    Three deciduous or coniferous trees.

(2)    Shrubs to equal a minimum 60 percent areal coverage within three years of installation covering all disturbed areas.

(3)    Groundcovers to equal a minimum areal coverage of 80 percent within three years of installation, covering all disturbed areas.

(4)    Retained native trees and shrubs may be credited toward the planting standard.

c.    Storm water outfalls must be set back from the water’s edge and discharged onto appropriate materials such as rocks, logs, and other natural materials to mimic the appearance of a natural-looking creek flowing into the water body. Such outfalls shall be fully consistent with the flow and discharge requirements of the Bothell surface water manual of the Bothell design and construction standards.

3.    Storm water outfalls shall be designed and installed so that during periods of heavy rainfall the velocity and quantity of runoff will not be detrimental to important aquatic life in the receiving waters, and so that it does not flood adjacent land. The shoreline administrator may condition the proposed outfall location and design to assure aesthetic compatibility and to reduce adverse environmental impacts.

4.    Storm drain lines for any substantial development shall be designed so that they can be economically connected to a common collector system when the level of development makes that feasible. A common collection system and outfall will be preferred to a large number of outfalls from individual parcels of land.

L.    Utility production and processing facilities, such as power plants and sewage treatment plants, or parts of those facilities, which are non-water-oriented shall not be allowed in shoreline jurisdiction unless it can be demonstrated that no other feasible option is available.

M.    New utility lines shall be located underground, except:

1.    Where the presence of sensitive areas, ground water, flood threat, bedrock or other obstructions make such placement unfeasible; or

2.    Underground placement would create greater adverse environmental impacts than above-ground transmission; or

3.    Underground placement is not feasible as that term is defined in this SMP. (Ord. 2112 § 3 (Exh. C), 2013).


1

    The 20 percent figure is based on WSDOT’s practices in determining whether sidewalks will be provided with state roads (pers. com. Paula Reeves, WSDOT, email to WAAPA list serve, April 24, 2009).