Chapter 13.17
ADMINISTRATION, PERMITS, AND ENFORCEMENT

Sections:

13.17.010    Purpose.

13.17.020    Administrative responsibilities.

13.17.030    Review and processing requirements.

13.17.040    Exemption from permit requirements.

13.17.050    Pre-application conference.

13.17.060    Jurisdiction or environment designation boundary line dispute process.

13.17.070    Interpretations.

13.17.080    Permit applications.

13.17.090    Procedures applicable to all shoreline permits.

13.17.100    Procedures applicable to substantial development permits (SDP).

13.17.110    Procedures applicable to shoreline conditional use permits (SCUP).

13.17.120    Shoreline variances.

13.17.130    Revisions to permits.

13.17.140    Enforcement authority.

13.17.150    Annexation.

13.17.160    Monitoring.

13.17.010 Purpose.

This chapter contains the provisions regarding the city’s administration and enforcement of the SMA, this title, and the permit application administration and processing procedures of the SMA and the city of Bothell SMP. The application of this SMP is intended to be consistent with constitutional and other legal limitations on the regulation of private property. (Ord. 2112 § 3 (Exh. C), 2013).

13.17.020 Administrative responsibilities.

Except as otherwise specifically established in this chapter or BMC Title 11, Administration of Development Regulations, the shoreline administrator is responsible for the administration of the SMA and the city of Bothell SMP. (Ord. 2112 § 3 (Exh. C), 2013).

13.17.030 Review and processing requirements.

A.    Within lands under shoreline jurisdiction, as described in Chapter 13.05 BMC and Chapter 90.58 RCW, development shall be allowed only upon issuance of a shoreline substantial development permit, shoreline conditional use permit or shoreline variance permit, unless specifically exempted from obtaining such a permit under BMC 13.17.040.

B.    Application Types and Processing.

1.    Shoreline exemption requests shall be processed as a Type I application in accordance with the procedures for such permits as set forth in BMC Title 11, Administration of Development Regulations, and this chapter.

2.    Shoreline substantial development permit applications shall be processed as a Type II application in accordance with the procedures for such permits as set forth in BMC Title 11, Administration of Development Regulations, and this chapter.

3.    Shoreline conditional use permit applications shall be processed as a Type III application in accordance with the procedures for such permits as set forth in BMC Title 11, Administration of Development Regulations, and this chapter.

4.    Shoreline variance applications shall be processed as a Type III application in accordance with the procedures for such permits as set forth in BMC Title 11, Administration of Development Regulations, and this chapter.

5.    Shoreline permit revisions shall be processed as a Type I application in accordance with the procedures for such permits as set forth in BMC Title 11, Administration of Development Regulations, and this chapter.

C.    BMC 13.07.080, Use Matrix, and this section specify which permit type shall be required for each use or activity occurring with shoreline jurisdiction.

D.    Where a proposed development activity encompasses shoreline and nonshoreline areas, a shoreline substantial development permit or other required shoreline permit must be obtained before any part of the development, even the portion of the development activity that is entirely confined to the upland areas, can proceed with construction. (Ord. 2112 § 3 (Exh. C), 2013).

13.17.040 Exemption from permit requirements.

A.    General. Proposals identified below and with WAC 173-27-040, as it may be amended, are exempt from obtaining a shoreline substantial development permit, provided all uses, activities and developments are subject to all standards, dimensions, and provisions of the Bothell SMP and this title.

B.    Conditional Uses and Variances Not Exempt. Activities, uses, or modifications which are identified within BMC 13.07.080 as conditional uses or a request for a shoreline variance are not exempt from obtaining the appropriate approval even if an element of the activity, use or modification is exempt from obtaining a shoreline substantial development permit.

C.    Prohibited Activities. Proposals that are prohibited under the provisions of Chapter 13.07 BMC shall not be allowed under an exemption.

D.    Responsibility for Demonstrating Compliance. Applicants shall have the burden of proof to demonstrate that the proposal complies with the requirements for the exemption sought as described herein and under WAC 173-27-040. A proposal that does not qualify as an exemption shall be required to apply for a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance.

E.    Exempt Activities. WAC 174-27-040 lists activities which are exempted from the requirement to obtain a shoreline substantial development permit. This list is duplicated below with clarifications to reflect local circumstances. In all cases, should a conflict exist, the exemptions of WAC 173-27-040 shall control. The following developments shall not require substantial development permits but shall be required to comply with the applicable Bothell SMP standards and provisions:

1.    Any development of which the total cost or fair market value, whichever is higher, does not exceed $5,718, if such development does not materially interfere with the normal public use of the water or shorelines of the state. The dollar threshold established in this subsection must be adjusted for inflation by the Office of Financial Management every five years, beginning July 1, 2007, based upon changes in the consumer price index per WAC 173-27-040(2)(a). For purposes of determining whether or not a permit is required, the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030(2)(c). The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials;

2.    Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. “Normal maintenance” includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. “Normal repair” means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment;

3.    Construction of the normal protective bulkhead common to single-family residences. A “normal protective” bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single-family residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one foot of wall may be used as backfill. When an existing bulkhead is being repaired by construction of a vertical wall fronting the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an ordinary high water mark has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual ordinary high water mark. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approved by the Washington State Department of Fish and Wildlife;

4.    Emergency construction necessary to protect property from damage by the elements. An “emergency” is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this chapter. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the shoreline administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit obtained which would have been required, absent an emergency, pursuant to Chapter 90.58 RCW and the Bothell SMP. All emergency construction shall be consistent with the policies of Chapter 90.58 RCW and the Bothell SMP. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency;

5.    Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, construction of a barn or similar agricultural structure, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels; provided, that a feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations;

6.    Construction or modification of navigational aids such as channel markers and anchor buoys;

7.    Construction on shorelands by an owner, lessee or contract purchaser of a single-family residence for their own use or for the use of their family, which residence does not exceed a height of 35 feet above average grade level and which meets all requirements of the state agency or city having jurisdiction thereof, other than requirements imposed pursuant to Chapter 90.58 RCW. “Single-family residence” means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal accessory or appurtenance. An “appurtenance” is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and the perimeter of a wetland. On a statewide basis, normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank and drainfield and grading which does not exceed 250 cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. See Chapter 13.03 BMC for a definition of normal appurtenances. Construction authorized under this exemption shall be located landward of the ordinary high water mark;

8.    Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single-family and multiple-family residences. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. This exception applies if the fair market value of the dock does not exceed $10,000, but if subsequent construction having a fair market value exceeding $2,500 occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this chapter;

9.    Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored groundwater from the irrigation of lands;

10.    The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;

11.    Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed or utilized primarily as a part of an agricultural drainage or diking system;

12.    Any project with a certification from the Governor pursuant to Chapter 80.50 RCW;

13.    Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if:

a.    The activity does not interfere with the normal public use of the surface waters;

b.    The activity will have no significant adverse impact on the environment including but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values;

c.    The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity;

d.    A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to pre-existing conditions; and

e.    The activity is not subject to the permit requirements of RCW 90.58.550;

14.    The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the Department of Ecology jointly with other state agencies under Chapter 43.21C RCW;

15.    Watershed restoration projects (WRIA 8) as defined herein. The city of Bothell shall review the projects for consistency with the SMP in an expeditious manner and shall issue an exemption along with any conditions within 45 days of receiving all materials necessary to review the request for exemption from the applicant. No fee may be charged for accepting and processing requests for exemption for watershed restoration projects as used in this section.

a.    “Watershed restoration project” means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities:

(1)    A project that involves less than 10 miles of streamreach, in which less than 25 cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings, noxious weeds, and invasive plants;

(2)    A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or

(3)    A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state; provided, that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than 200 square feet in floor area and is located above the ordinary high water mark of the stream.

b.    “Watershed restoration plan” means a plan, developed or sponsored by the Department of Fish and Wildlife, the Department of Ecology, the Department of Natural Resources, the Department of Transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, the WRIA 8 Recovery Plan, or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed for which agency and public review has been conducted pursuant to Chapter 43.21C RCW, the State Environmental Policy Act;

16.    A public or private project that is designed to improve fish or wildlife habitat or fish passage, when all of the following apply:

a.    The project has been approved in writing by the Department of Fish and Wildlife;

b.    The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to Chapter 77.55 RCW; and

c.    The shoreline administrator has determined that the project is substantially consistent with the Bothell SMP. The shoreline administrator shall make such determination in a timely manner and provide it by letter to the project proponent.

    Fish habitat enhancement projects that conform to the provisions of RCW 77.55.181 are determined to be consistent with the Bothell SMP, as follows:

(1)    In order to receive the permit review and approval process created in this section, a fish habitat enhancement project must meet the following criteria:

(A)    A fish habitat enhancement project must be a project to accomplish one or more of the following tasks:

•    Elimination of human-made fish passage barriers, including culvert repair and replacement;

•    Restoration of an eroded or unstable streambank employing the principle of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or

•    Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks.

    The Washington State Department of Fish and Wildlife shall develop size or scale threshold tests to determine if projects accomplishing any of these tasks should be evaluated under the process created in this section or under other project review and approval processes. A project proposal shall not be reviewed under the process created in this section if the department determines that the scale of the project raises concerns regarding public health and safety; and

(B)    A fish habitat enhancement project must be approved in one of the following ways:

•    By the Department of Fish and Wildlife pursuant to Chapter 77.95 or 77.100 RCW;

•    By the sponsor of a watershed restoration plan as provided in Chapter 89.08 RCW;

•    By the Department as a Department of Fish and Wildlife-sponsored fish habitat enhancement or restoration project;

•    Through the review and approval process for the jobs for the environment program;

•    Through the review and approval process for conservation district-sponsored projects, where the project complies with design standards established by the Conservation Commission through interagency agreement with the United States Fish and Wildlife Service and the Natural Resource Conservation Service;

•    Through a formal grant program established by the Legislature or the Department of Fish and Wildlife for fish habitat enhancement or restoration; and

•    Through other formal review and approval processes established by the Legislature.

(2)    Fish habitat enhancement projects meeting the criteria of subsection (E)(16)(c)(1) of this section are expected to result in beneficial impacts to the environment. Decisions pertaining to fish habitat enhancement projects meeting the criteria of subsection (E)(16)(c)(1) of this section and being reviewed and approved according to the provisions of this section are not subject to the requirements of RCW 43.21C.030(2)(c).

(3)    A hydraulic project approval permit is required for projects that meet the criteria of subsection (E)(16)(c)(1) of this section and are being reviewed and approved under this section. An applicant shall use a joint aquatic resource permit application form developed by the Office of Regulatory Assistance to apply for approval under this chapter. On the same day, the applicant shall provide copies of the completed application form to the Department of Fish and Wildlife and to each appropriate local government, including the city. Local governments shall accept the application as notice of the proposed project. The Department of Fish and Wildlife shall provide a 15-day comment period during which it will receive comments regarding environmental impacts. Within 45 days, the Department shall either issue a permit, with or without conditions, deny approval, or make a determination that the review and approval process created by this section is not appropriate for the proposed project. The Department shall base this determination on identification during the comment period of adverse impacts that cannot be mitigated by the conditioning of a permit. If the Department determines that the review and approval process created by this section is not appropriate for the proposed project, the Department shall notify the applicant and the appropriate local governments of its determination. The applicant may reapply for approval of the project under other review and approval processes.

(4)    Any person aggrieved by the approval, denial, conditioning, or modification of a permit under this section may formally appeal the decision to the Hydraulic Appeals Board pursuant to Chapter 173-27 WAC.

d.    The city of Bothell may require applicable permits and charge associated fees for fish habitat enhancement projects that meet the criteria of this subsection and that are reviewed and approved according to the provisions of this section.

F.    Exemptions Requiring a Letter of Exemption.

1.    Certain projects conducted within or near shorelines of the state also require review and approval by federal agencies even though the activity is exempt from obtaining a permit under the Bothell SMP and the SMA. The city of Bothell shoreline administrator shall prepare a letter of exemption, addressed to the applicant and the Washington State Department of Ecology whenever a development is determined to be exempt from the substantial development permit requirements and the development is subject to one or more of the following federal permit requirements:

a.    A U.S. Army Corps of Engineers Section 10 permit under the Rivers and Harbors Act of 1899 (the provisions of Section 10 of the Rivers and Harbors Act generally apply to any project occurring on or over navigable waters. Specific applicability information should be obtained from the Corps of Engineers.); or

b.    A Section 404 permit under the federal Water Pollution Control Act of 1972. (The provisions of Section 404 of the federal Water Pollution Control Act generally apply to any project which may involve discharge of dredge or fill material to any water or wetland area. Specific applicability information should be obtained from the Corps of Engineers.)

2.    Table 13.17.040-1 identifies the exemptions which require and do not require application for a letter of shoreline exemption. Numbers in parentheses indicate which exemption is applied.

Table 13.17.040-1. Letter of Exemption – When Required
A 

Activities That Do Not Require a Letter of Shoreline ExemptionB

Activities That Require a Letter of Shoreline ExemptionC

Aquatic weed control (14)D

Construction of improvements with a fair market value of $5,718 or less (1)

Navigational aids (6)

Construction of normal bulkheads (3)E

Operation and maintenance of waterways (9)

Emergency construction (application submitted after the fact if needed) (4)

Marking of property lines (10)

Docks <= $10,000 (8)

Operation and maintenance of dikes and levees (11)

Watershed restoration projects (15)

Projects with certification from the Governor (12)

Fish and wildlife restoration projects (16)

Site exploration (13)

Normal maintenance and repair of existing uses (2)

Construction of a single-family residence (7)

Maintenance of dikes and levees involving increasing the height of a levee to maintain an existing level of flood protection (BMC 13.17.040(G))

Table Notes:

A.    Numbers in parenthesis indicate the exemption number; e.g., (1) indicates exemption BMC 13.17.040(E)(1).

B.    These activities do not require an application or letter of exemption, but shall comply with the city of Bothell SMP.

C.    These activities require a letter of shoreline exemption from the city of Bothell before they may commence. An application shall be on the joint aquatic resources permit application form and any other application forms deemed appropriate by the administrator. Applications may be deemed complete when required forms and attachments are provided consistent with a shoreline exemption development application checklist. The applicant shall identify whether the proposal meets the requirements of WAC 173-27-050 (an application which requires a Corps of Engineers Section 10 or Section 404 approval). If so, a copy of the letter of exemption shall be filed with the Department of Ecology.

D.    Other state agency permits may be required.

E.    Bulkhead construction is only exempt if the proposed bulkhead is constructed consistent with BMC 13.11.150, is located at or near the ordinary high water mark and is needed to protect an existing residence or appurtenant structure from loss or damage by erosion.

3.    The letter shall indicate the specific exemption provision from WAC 173-27-040 that is being applied to the development and provide a summary of the city’s analysis of the consistency of the project with the master program and the Act.

4.    The shoreline administrator may specify other developments not described within subsection E of this section as requiring a letter of exemption prior to commencement of the development.

G.    Special Clarification of Exemptions Occurring within the City of Bothell. This subsection provides clarification regarding the exemptions of subsection E of this section and WAC 173-27-040:

1.    Residential accessory uses or appurtenances normal to a single-family residence, referred to in Chapter 13.03 BMC as a detached dwelling unit on one lot, are included in the permit exemption provided in WAC 173-27-040(2)(g). For the purposes of interpreting this provision in the city of Bothell, normal appurtenances or accessory uses shall include home occupations, sheds, greenhouses, swimming pools, decks, spas, accessory dwelling units and other accessory structures common to a single-family residence, provided such structures are located landward of the OHWM.

2.    Normal maintenance or repair of existing structures or developments, including some replacement of existing structures, is included in the permit exemption provided in WAC 173-27-040(2). For the purposes of interpreting this provision, the following normal maintenance and repair activities shall not require issuance of a shoreline substantial development permit, shoreline conditional use permit or variance:

a.    Replacement of an existing hard structural shoreline stabilization measure with a soft shoreline stabilization measure consistent with the provisions contained in BMC 13.11.150.

b.    Replacement of pier or dock materials consistent with the provisions contained in BMC 13.11.110.

c.    Existing structural flood hazard reduction measures, such as levees, may be repaired and maintained as necessary to protect legal uses located on the landward side of such structures. Increases in height of an existing levee needed to prevent a reduction in the level of protection of existing legal structures and uses shall be considered an element of repair and maintenance. To qualify as an exemption, any expansions of the footprint of such levees shall be made to the landward side.

d.    The shoreline administrator shall review the proposed exemption activity for compliance with these special local circumstances and shall require that all proposed uses and development occurring within shoreline jurisdiction conform to Chapter 90.58 RCW, the SMA, and the provisions of this title, whether or not a permit is required.

H.    Application.

1.    As part of any request for a letter of exemption, the applicant shall show compliance with the regulations in this title by submitting an application on a form provided by the community development department. The application shall include all documents and plans listed on the application form.

2.    Exemption applications shall be deemed complete when all required forms and attachments are provided consistent with a shoreline exemption development application checklist.

3.    The applicant shall identify whether the proposal requires an Army Corps of Engineers Section 10 or Section 404 approval. The shoreline administrator may waive the application for any proposal that does not require an Army Corps of Engineers Section 10 or Section 404 approval. In these circumstances, the shoreline administrator shall conduct a review for compliance with the shoreline regulations contained in this title in conjunction with a related development permit.

I.    Decision. The shoreline administrator may grant, deny, or conditionally approve the shoreline exemption request. The approval or conditional approval of a letter of exemption will become conditions of approval for any related development permit, and no related development permit will be issued unless it is consistent with the letter of exemption approval or conditional approval. A copy of the city’s letter of exemption shall be filed with the Department of Ecology.

J.    Appeal. Any person aggrieved by the shoreline administrator’s determination on a shoreline letter of exemption may appeal the determination consistent with the Type II permit application appeal provisions of BMC 11.04.003(B) and Chapter 11.14 BMC.

K.    Lapse of Approval and Disposition of Conditions. The lapse of approval for the letter of shoreline exemption shall be the same as the expiration date of the development permit. All special conditions contained within the letter shall be included in the conditions of approval granted for the underlying development permit.

L.    Revisions to WAC 173-27-040. Subsequent revisions to WAC 173-27-040, Exemptions, shall be administratively determined by the shoreline administrator as an exempt activity. This administrative determination shall be considered an administrative interpretation under BMC 13.17.070, Interpretations. (Ord. 2112 § 3 (Exh. C), 2013).

13.17.050 Pre-application conference.

A.    General. Before applying for a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance under this chapter, the applicant shall attend a pre-application conference with the city consistent with the provisions of BMC 11.06.001.

B.    Scheduling. The department of community development shall schedule the pre-application conference no more than 45 calendar days following the filing of a written request for a pre-application conference.

C.    Submittal. Pre-application submittals shall include the following documentation:

1.    Site plan showing the proposed development in relation to the shoreline;

2.    Written description of the proposal and related improvements;

3.    Other information as identified on the submittal form provided by the community development department; and

4.    Pre-application conference fee.

D.    Purpose. The purpose of the pre-submittal meeting is for the shoreline administrator to provide a general summary of the procedures and timelines to be used to process the application; references to the relevant code provisions or development standards which may apply to the approval of the application, as preliminarily identified at the pre-application conference; identify general code requirements.

E.    Time Limits. The city will not process an application under this chapter unless the applicant attended a pre-submittal meeting under this section, regarding the proposal for which application is made, within the six months immediately prior to the date the application is submitted. (Ord. 2112 § 3 (Exh. C), 2013).

13.17.060 Jurisdiction or environment designation boundary line dispute process.

Pursuant to BMC 13.07.070 where uncertainty or a conflict may exist in determining the location of a jurisdiction boundary line, or an environment boundary line, the shoreline administrator shall resolve the uncertainty by applying the criteria of BMC 13.07.070 and the following:

A.    Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such lines.

B.    Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

C.    Boundaries indicated as approximately following the corporate limits shall be construed as following such corporate limits.

D.    Boundaries indicated as following railroad lines shall be construed to be halfway between railroad right-of-way lines.

E.    Boundaries shall be construed to follow 200 feet to the upland side of the ordinary high water mark or the actual delineated boundaries of associated wetlands or the 100-year floodplain or the 100-year floodway associated with the shoreline of the state. Where wetlands are present, the boundary shall be construed to follow the boundary of the wetland as surveyed and mapped in the field and based upon a special study consistent with BMC 13.13.020(E). In the event of a change in a shoreline, channel migration zone or wetland feature, boundaries shall be construed as moving with the actual shoreline, channel migration zone, floodway, or floodplain.

F.    Boundaries indicated as parallel to or extension of features indicated in subsections A through E of this section shall be so construed.

G.    Boundaries shall be determined by field survey conducted by a state of Washington licensed surveyor of the features described and delineated above.

H.    Where physical features existing on the ground are at variance and dispute cannot be resolved through application of the criteria above, the shoreline administrator shall interpret the boundaries. (Ord. 2112 § 3 (Exh. C), 2013).

13.17.070 Interpretations.

A.    The shoreline administrator is authorized to interpret the meaning, application or intent of the regulations of the Bothell SMP and this title by reviewing the applicable goals and policies of the SMA and the Bothell SMP. Interpretations shall be processed as a Type I application pursuant to the procedures of BMC Title 11, Administration of Development Regulations.

B.    Any individual, person, or party may request an interpretation of the SMP by submitting a request on a form provided by the shoreline administrator and shall include identification of the policy or regulation in question, a description of the property, a clear statement of the issue or question to be decided, and how the SMA and Bothell SMP goals and policies support or do not support the interpretation. The director shall issue a written interpretation within a reasonable time after receipt of the completed form. These interpretations shall be filed in a book or binder for such interpretations, that is readily available to the public.

C.    An appeal of the director’s interpretation of the Bothell SMP shall be to the Bothell hearing examiner and shall be filed pursuant to the procedures of BMC 11.14.005. Appeals of the Bothell hearing examiner shall be to the state Shorelines Hearings Board and shall be filed within 21 days of the receipt of the Department of Ecology’s permit action letter as set forth in RCW 90.58.180. (Ord. 2112 § 3 (Exh. C), 2013).

13.17.080 Permit applications.

A.    Applications for shoreline substantial development permits, shoreline conditional use permits and shoreline variance requests shall be on an application form provided by the shoreline administrator. All applications shall be accompanied with the information as identified within WAC 173-27-180, or as may be subsequently amended, which are duplicated in subsection B of this section. In the case of a discrepancy the submittal requirements of WAC 173-27-180 shall govern.

B.    In addition to the minimum application requirements as set forth in BMC 11.06.002, a complete application for a substantial development, conditional use, or variance permit shall contain the minimum application submittal items:

1.    The name, address and phone number of the applicant. The applicant should be the owner of the property or the primary proponent of the project and not the representative of the owner or primary proponent;

2.    The name, address and phone number of the applicant’s representative if other than the applicant;

3.    The name, address and phone number of the property owner, if other than the applicant;

4.    Location of the property. This shall, at a minimum, include the property address and identification of the section, township and range to the nearest quarter, quarter section or latitude and longitude to the nearest minute. All applications for projects located in open water areas away from land shall provide a longitude and latitude location;

5.    Identification of the name of the shoreline (water body) that the site of the proposal is associated with. This should be the water body from which jurisdiction of the Act over the project is derived;

6.    A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project;

7.    A general description of the property as it now exists including its physical characteristics and improvements and structures;

8.    A general description of the vicinity of the proposed project including identification of the adjacent uses, structures and improvements, intensity of development and physical characteristics;

9.    A site development plan consisting of maps and elevation drawings, drawn to an appropriate scale to depict clearly all required information, photographs and text, which shall include:

a.    The boundary of the parcel(s) of land upon which the development is proposed.

b.    The ordinary high water mark of all water bodies located adjacent to or within the boundary of the project. This may be an approximate location; provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark, the mark shall be located precisely and the biological and hydrological basis for the location as indicated on the plans shall be included in the development plan. Where the ordinary high water mark is neither adjacent to nor within the boundary of the project, the plan shall indicate the distance and direction to the nearest ordinary high water mark of a shoreline.

c.    Existing and proposed land contours. The contours shall be at intervals sufficient to accurately determine the existing character of the property and the extent of proposed change to the land that is necessary for the development. Areas within the boundary that will not be altered by the development may be indicated as such and contours approximated for that area.

d.    A delineation of all wetland areas that will be altered or used as a part of the development.

e.    A general indication of the character of vegetation found on the site.

f.    The dimensions and locations of all existing and proposed structures and improvements including but not limited to: buildings, paved or graveled areas, roads, utilities, septic tanks and drainfields, material stockpiles or surcharge, and storm water management facilities.

g.    Where applicable, a landscaping plan for the project.

h.    Where applicable, plans for development of areas on or off the site as mitigation for impacts associated with the proposed project shall be included and contain information consistent with the requirements of this section.

i.    Quantity, source and composition of any fill material that is placed on the site, whether temporary or permanent.

j.    Quantity, composition and destination of any excavated or dredged material.

k.    A vicinity map showing the relationship of the property and proposed development or use to roads, utilities, existing developments and uses on adjacent properties.

l.    Where applicable, a depiction of the impacts to views from existing residential uses and public areas.

m.    On all variance applications the plans shall clearly indicate where development could occur without approval of a variance, the physical features and circumstances on the property that provide a basis for the request, and the location of adjacent structures and uses;

10.    Supporting affidavits, on forms provided by the community development department;

11.    Any information or material that is specified in other provisions of this title;

12.    Any additional information or material that the shoreline administrator specifies at the presubmittal conference; and

13.    All applicable fees as established by the city fee resolution. (Ord. 2112 § 3 (Exh. C), 2013).

13.17.090 Procedures applicable to all shoreline permits.

All shoreline permits shall be consistent with the following provisions except as expressly modified by this chapter.

A.    Permit Actions. There are four permit actions which are more thoroughly described in BMC 13.17.100 through 13.17.130. The permit actions are:

1.    Shoreline substantial development permit (SDP): BMC 13.17.100;

2.    Shoreline conditional use permit (SCUP): BMC 13.17.110;

3.    Shoreline variance (SVAR): BMC 13.17.120; and

4.    Shoreline permit revision (SREV): BMC 13.17.130.

B.    General Requirements – All Permit Actions. All permit actions shall provide for the following:

1.    The information as stipulated within BMC 13.17.080(B).

2.    Notice of Application and Comment Period.

a.    In addition to the notice of application content established in BMC 11.06.004, notice of applications for shoreline substantial development permits must also contain the information required under WAC 173-27-110.

b.    The minimum notice of application comment period for shoreline substantial development permits shall be no fewer than 30 days. The minimum comment period for applications for shoreline substantial development permits for limited utility extensions and bulkheads, as described by WAC 173-27-120, shall be 20 days.

3.    Criteria for Approval. The shoreline administrator shall ensure that WAC 173-27-140 and the following review criteria are met prior to issuing a shoreline substantial development permit:

a.    No permit or revision to undertake use or development on shorelines of the state shall be granted by the city unless upon review the use or development is determined to be consistent with:

(1)    The policies, provisions, and procedures of the SMA and this SMP;

(2)    The provisions of Chapter 173-27 WAC; and

(3)    BMC Title 13, Shoreline Management.

(4)     BMC Title 11, Administration of Development Regulations.

b.    No permit or revision shall be issued for any new or expanded building or structure of more than 35 feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where this SMP does not prohibit the same and then only when overriding considerations of the public interest will be served as provided for within BMC 13.07.090.

4.    Decision.

a.    Upon a written finding that the provisions of the applicable criteria have been satisfied, the shoreline administrator shall issue a shoreline permit substantially in the form as authorized under WAC 173-27-990b. The shoreline administrator may attach conditions of approval of permits as necessary to assure consistency of the project with the Act and the city’s SMP.

b.    A copy of the decision, transmittal sheet and a copy of the shoreline review checklist shall be mailed to the applicant, Department of Ecology, and the Washington State Attorney General’s Office, pursuant to RCW 90.58.140 and WAC 173-27-130. The permit shall state that construction pursuant to a permit shall not begin or be authorized until 21 days from the date the permit decision is received by the permit applicant as provided in RCW 90.58.140(6); or until all review proceedings are terminated if the proceedings were initiated within 21 days from the date of receipt as defined in RCW 90.58.140(5) and (6). “Date of receipt” is that date that the permit applicant receives written notice from the Department of Ecology notifying the applicant of receipt of the decision.

c.    An appeal of a shoreline substantial development permit shall be to the Bothell hearing examiner and shall be filed pursuant to the procedures of BMC 11.14.005. Appeals of the Bothell hearing examiner shall be to the state Shorelines Hearings Board and shall be filed within 21 days of the receipt of the Department of Ecology’s permit action letter as set forth in RCW 90.58.180.

5.    Effect of Decision. For shoreline substantial development permits, no final action or construction shall be taken until the termination of all review proceedings initiated within 21 days after notice of the final action taken by the city is received by the permit applicant from the Department of Ecology.

6.    Complete Compliance Required. Except as specified in BMC 13.17.130, Revisions to permits, the applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this chapter authorized by that approval.

7.    Time Limits. Construction and activities authorized by a shoreline substantial development permit are subject to the time limitations of WAC 173-27-090. (Ord. 2112 § 3 (Exh. C), 2013).

13.17.100 Procedures applicable to substantial development permits (SDP).

The city of Bothell requires the issuance of a shoreline substantial development permit for any development as defined within Chapter 13.03 BMC and WAC 173-27-040(2)(a) where the total cost or fair market value of the development exceeds $5,000 as adjusted for inflation by the Washington State Office of Financial Management or any development that materially interferes with the normal public use of the water or shorelines of the state.

A.    Applications for a shoreline substantial development permit shall follow the applicable requirements of BMC 13.17.080 and the following in subsections B to D of this section:

B.    Applications for a shoreline substantial development permit shall follow the procedures for a Type II development application pursuant to BMC Title 11, Administration of Development Regulations, except as otherwise provided in this section.

C.    If the proposal that requires a substantial development permit also required a shoreline conditional use permit or shoreline variance, the application permit process shall follow the highest-numbered procedure type that applies to any of the applications. For example, a development that requires both a shoreline substantial development permit and a shoreline conditional use permit shall follow the higher Type III application procedure.

D.    SDP applications shall be consistent with the criteria for approval in BMC 13.17.090(B)(3).

E.    Decision. An appeal of a shoreline substantial development permit shall be to the Bothell hearing examiner and shall be filed pursuant to the procedures of BMC 11.14.005. Appeals of the Bothell hearing examiner shall be to the state Shorelines Hearings Board and shall be filed within 21 days of the receipt of the Department of Ecology’s permit action letter as set forth in RCW 90.58.180. (Ord. 2112 § 3 (Exh. C), 2013).

13.17.110 Procedures applicable to shoreline conditional use permits (SCUP).

The purpose of a conditional use permit is to provide a system within the master program which allows flexibility in the application of use regulations in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by the city of Bothell or the Washington State Department of Ecology to prevent undesirable effects of the proposed use and/or to assure consistency of the project with the Act and the Bothell SMP. A shoreline conditional use permit is required for any development described as conditional within BMC 13.07.080 and WAC 173-27-030(4).

A.    Applications for a shoreline conditional use permit shall follow the procedures for a Type III development application pursuant to BMC Title 11, Administration of Development Regulations, except as otherwise provided in this section.

B.    Applications for a shoreline conditional use permit shall provide for the following:

1.    The information as stipulated within BMC 13.17.080(B).

2.    Notice of Application and Comment Period.

a.    In addition to the notice of application content established in BMC 11.06.004, notice of applications for shoreline conditional use permits must also contain the information required under WAC 173-27-110.

b.    The minimum notice of application comment period for shoreline conditional use permits shall be no fewer than 30 days.

C.    Notice of Hearing. The shoreline administrator shall distribute notice of the public hearing at least 21 and no more than 30 calendar days before the public hearing.

D.    Criteria for Approval. In addition to criteria identified in BMC 13.17.090(B)(3), the following criteria for approval shall apply:

1.    The hearing examiner shall ensure that WAC 173-27-140, 173-27-060, and the following review criteria are met prior to issuing a shoreline conditional use permit:

a.    No authorization to undertake use or development on shorelines of the state shall be granted by the city unless upon review the use or development is determined to be consistent with the policy and provisions of the SMA and the Bothell SMP;

b.    That the proposed use is consistent with the policies of RCW 90.58.020 and the Bothell SMP and this title;

c.    That the proposed use will not interfere with the normal public use of public shorelines;

d.    That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the Imagine Bothell… Comprehensive Plan and Bothell SMP;

e.    That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and

f.    That the public interest suffers no substantial detrimental effect.

g.    The city will not issue a conditional use permit for a use which is not listed as allowable in the SMP unless the applicant can demonstrate that the proposed use has adverse impacts on nearby uses and the environment essentially the same as the impacts that would result from a use allowed by the SMP in that shoreline environment.

2.    The city shall ensure that in the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment.

E.    Other uses which are not classified or set forth in the applicable master program may be authorized as conditional uses provided the applicant can demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in the Bothell SMP.

F.    Uses which are specifically prohibited by BMC 13.07.080 or the Bothell SMP shall not be authorized as a shoreline conditional use or shoreline variance permit.

G.    Decision Process.

1.    Once the city has approved a conditional use permit it will be forwarded to the state Department of Ecology for its review and approval/disapproval jurisdiction under WAC 173-27-200.

2.    The permit shall state that construction pursuant to a permit shall not begin or be authorized until 21 days from the date the permit decision is received as provided in RCW 90.58.140(6); or until all review proceedings are terminated if the proceedings were initiated within 21 days from the date of receipt as defined in RCW 90.58.140(5) and (6).

3.    Appeals of a shoreline conditional use permit shall be to the state Shoreline Hearings Board and shall be filed within 21 days of the receipt of the Department of Ecology’s permit action letter, as set forth in RCW 90.58.180.

H.    Effect of Decision. For shoreline conditional use permits, no final action or construction shall be taken until the termination of all review proceedings initiated within 21 days from the date Department of Ecology transmits its decision on the shoreline conditional use permit.

I.    Complete Compliance Required.

1.    General. Except as specified in subsection (I)(2) of this section, the applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this chapter in order to do everything authorized by that approval.

2.    Exception – Subsequent Revision. BMC 13.17.130 and WAC 173-27-100 establish the procedure and criteria under which the city may approve a revision to a permit issued under the SMA and this chapter.

J.    Time Limits. Construction and activities authorized by a shoreline conditional use permit are subject to the time limitations under WAC 173-27-090. (Ord. 2112 § 3 (Exh. C), 2013).

13.17.120 Shoreline variances.

The purpose of a shoreline variance permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in the Bothell shoreline master program where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict implementation of the master program will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020. A shoreline variance shall not be used to vary the use provisions of Chapter 13.07 BMC.

A.    Applications for a shoreline variance shall follow the procedures for a Type III development application pursuant to BMC Title 11, Administration of Development Regulations, except as otherwise provided in this section.

B.    Applications for a shoreline variance permit shall provide for the following:

1.    The information as stipulated within BMC 13.17.080(B).

2.    Notice of Application and Comment Period.

a.    In addition to the notice of application content established in BMC 11.06.004, notice of applications for shoreline variances must also contain the information required under WAC 173-27-110.

b.    The minimum notice of application comment period for shoreline variance permits shall be no fewer than 30 days.

C.    Notice of Hearing. The shoreline administrator shall distribute notice of the public hearing at least 21 and no more than 30 calendar days before the public hearing.

D.    Criteria for Approval.

1.    The hearing examiner shall ensure that WAC 173-27-140, 173-27-170, and the following review criteria are met prior to issuing a shoreline variance permit.

2.    Variance permits should be granted in circumstances where denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate that extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect.

3.    Variance permits for development and/or uses that will be located landward of the OHWM, as defined in Chapters 13.03 and 13.05 BMC and RCW 90.58.030(2)(b), and/or landward of any wetland as defined in Chapter 13.13 BMC and RCW 90.58.030(2)(h), may be authorized provided the applicant can demonstrate all of the following:

a.    That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes, or significantly interferes with, reasonable use of the property;

b.    That the hardship described in subsection (D)(3)(a) of this section is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program, and not, for example, from deed restrictions or the applicant’s own actions;

c.    That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and SMP and will not cause adverse impacts to the shoreline environment;

d.    That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area;

e.    That the variance requested is the minimum necessary to afford relief; and

f.    That the public interest will suffer no substantial detrimental effect.

4.    Variance permits for development and/or uses that will be located waterward of the ordinary high water mark (OHWM), as defined in RCW 90.58.030(2)(b), or within any wetland as defined in RCW 90.58.030(2)(h), may be authorized provided the applicant can demonstrate all of the following:

a.    That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes all reasonable use of the property;

b.    That the proposal is consistent with the criteria established under subsections (D)(3)(b) through (f) of this section; and

c.    That the public rights of navigation and use of the shorelines will not be adversely affected.

5.    In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if variances were granted to other developments and/or uses in the area where similar circumstances exist, the total of the variances shall also remain consistent with the policies of RCW 90.58.020 and shall not cause substantial adverse effects to the shoreline environment.

E.    Uses which are specifically prohibited by BMC 13.07.080 or the Bothell SMP shall not be authorized as a shoreline variance permit.

F.    Decision Process.

1.    Once the city has approved a variance permit it will be forwarded to the state Department of Ecology for its review and approval/disapproval jurisdiction under WAC 173-27-200.

2.    The permit shall state that construction pursuant to a permit shall not begin or be authorized until 21 days from the date the permit decision is received as provided in RCW 90.58.140(6); or until all review proceedings are terminated if the proceedings were initiated within 21 days from the date of receipt as defined in RCW 90.58.140(5) and (6).

3.    Appeals of a shoreline variance shall be to the state Shoreline Hearings Board and shall be filed within 21 days of the receipt of the Department of Ecology’s permit action letter, as set forth in RCW 90.58.180.

G.    Effect of Decision. For shoreline variance permits, no final action or construction shall be taken until the termination of all review proceedings initiated within 21 days from the date Department of Ecology transmits its decision on the shoreline conditional use permit.

H.    Complete Compliance Required.

1.    General. Except as specified in subsection (H)(2) of this section, the applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this chapter in order to do everything authorized by that approval.

2.    Exception. Upon subsequent revisions to permits the provisions of BMC 13.17.130 and WAC 173-27-100 shall establish the procedure and criteria under which the city may approve a revision to a permit issued under the SMA and this chapter.

I.    Time Limits. Construction and activities authorized by a shoreline conditional use permit are subject to the time limitations under WAC 173-27-090. (Ord. 2112 § 3 (Exh. C), 2013).

13.17.130 Revisions to permits.

Revisions to approved shoreline permits are required whenever an applicant proposes substantive changes to the design, terms or conditions of a project from that which is stipulated within the permit. Changes are substantive if they materially alter the project in a manner that relates to its conformance to the terms and conditions of the permit, the Bothell SMP and/or the policies and provisions of Chapter 90.58 RCW. Changes which are not substantive in effect do not require approval of a revision.

When an applicant seeks to revise a permit, the city shall request from the applicant detailed plans and text describing the proposed changes.

A.    Applications for a shoreline permit revision shall follow the procedures for a Type I development application pursuant to BMC Title 11, Administration of Development Regulations, except as otherwise provided in this section.

B.    Applications for a shoreline permit revision shall provide for the following:

1.    The information as stipulated within BMC 13.17.080(B), provided the shoreline administrator may waive submittal elements that are not subject to the revision.

2.    Issuance of a notice of application and provisions for a comment period are not required for a shoreline revision.

C.    Criteria for Approval. The shoreline administrator must determine that the proposed revision is within the scope and intent of the original permit, and the revisions are consistent with the applicable Bothell SMP provisions and the SMA, prior to approving a shoreline permit revision. Should the shoreline administrator determine the proposed revisions are not consistent with the approval criteria, a new permit shall be required.

1.    “Within the scope and intent of the original permit” means all of the following:

a.    No additional over-water construction is involved except that dock or float construction may be increased by 500 square feet or 10 percent from the provisions of the original permit, whichever is less;

b.    Ground area coverage and height may be increased a maximum of 10 percent from the provisions of the original permit;

c.    The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of the applicable master program except as authorized under a variance granted as the original permit or a part thereof;

d.    Additional or revised landscaping is consistent with any conditions attached to the original permit and with the applicable master program;

e.    The use authorized pursuant to the original permit is not changed; and

f.    No adverse environmental impact will be caused by the project revision.

D.    Revisions to permits may be authorized after original permit authorization has expired under RCW 90.58.143. The purpose of such revisions shall be limited to authorization of changes which are consistent with this section and which would not require a permit for the development or change proposed under the terms of Chapter 90.58 RCW, this regulation and the local master program. If the proposed change constitutes substantial development then a new permit is required.

E.    The shoreline permit revision process shall not be used to extend the time requirements or to authorize substantial development beyond the time limits of the original permit; provided, if the sum of the revision and any previously approved revisions under former WAC 173-14-064 or this section violate the provisions in subsection C of this section, the city shall require that the applicant apply for a new permit.

F.    The revision approval, including the revised site plans and text consistent with the provisions of WAC 173-27-180 as necessary to clearly indicate the authorized changes, and the final ruling on consistency with this section shall be filed with the Washington State Department of Ecology.

G.    The city of Bothell shall notify all official parties of record of the revision action.

H.    If the revision to the original permit involves a conditional use or variance, the city shall submit the revision to Ecology for the Department’s approval, approval with conditions, or denial, and shall indicate that the revision is being submitted under the requirements of this subsection. The Department shall render and transmit to the city and the applicant its final decision within 15 days of the date of the Department’s receipt of the submittal from the city. The city shall notify parties of record of the department’s final decision.

I.    The revised permit is effective immediately upon final decision by the city or, when appropriate under subsection F of this section, upon final action by the Department.

J.    Appeals shall be in accordance with RCW 90.58.180 and shall be filed within 21 days from the date of receipt of the city’s action by the Department or, when appropriate under subsection F of this section, the date the Department’s final decision is transmitted to the city and the applicant. Appeals shall be based only upon contentions of noncompliance with the provisions of subsection C of this section. Construction undertaken pursuant to that portion of a revised permit not authorized under the original permit is at the applicant’s own risk until the expiration of the appeals deadline. If an appeal is successful in proving that a revision is not within the scope and intent of the original permit, the decision shall have no bearing on the original permit. (Ord. 2112 § 3 (Exh. C), 2013).

13.17.140 Enforcement authority.

Enforcement action by the city of Bothell or Department of Ecology under the authority of Chapter 11.20 BMC and WAC 173-27-240 through 173-27-300, respectively, may be taken whenever a person has violated any provision of the SMA or any city of Bothell SMP provision, or other regulation promulgated under the SMA. Procedures for enforcement action and penalties shall be as specified in Chapter 11.20 BMC and WAC 173-27-240 through 173-27-310, which are hereby adopted by reference as if set forth in full. (Ord. 2112 § 3 (Exh. C), 2013).

13.17.150 Annexation.

The city of Bothell has adopted shoreline environment predesignations for shorelines located outside of city limits but within the city’s potential annexation area. In the event of annexation of a shoreline the affected area shall be subject to the Bothell SMP upon the effective date of the annexation. (Ord. 2112 § 3 (Exh. C), 2013).

13.17.160 Monitoring.

The city will track all shoreline permits and exemption activities to evaluate whether the SMP is achieving no net loss. Project monitoring is required for individual restoration and mitigation projects consistent with the shoreline critical areas regulations (Chapter 13.13 BMC). In addition, the city shall conduct system-wide monitoring of shoreline conditions and development activity that occur in shoreline jurisdiction outside of critical areas and their buffers, to the degree practical. Activities to be tracked using the city’s permit system include development, conservation, restoration and mitigation, such as:

A.    New shoreline development.

B.    Shoreline variances and the nature of the variance.

C.    Compliance issues.

D.    Net changes in impervious surface areas, including associated storm water management.

E.    Net changes in fill or armoring.

F.    Net change in linear feet of levee and/or distance between OHWM and any levees.

G.    Net changes in vegetation (area, character).

Using this information and information about the outcomes of other actions and programs of the other city departments as well, a no net loss report shall be prepared every eight years as part of the city’s SMP evaluation or comprehensive plan amendment process. Should the no net loss report show degradation of the baseline condition documented in the city’s shoreline analysis report (2011), changes to the SMP and/or shoreline restoration plan shall be proposed at the time of the eight-year update to prevent further degradation and address the loss in ecological functions. (Ord. 2112 § 3 (Exh. C), 2013).