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Chapter 14.92
SHORELINE MANAGEMENT
Sections:
14.92.010 Definitions
14.92.020 Administration
14.92.030 Repealed
14.92.040 Requirements for Exempted Developments
14.92.050 Supplemental Application Requirements for a Shoreline Development Permit
14.92.060 Fees
14.92.070 Processing Requirements
14.92.080 Repealed
14.92.090 Hearing
14.92.100 Duties of Hearing Examiner
14.92.110 Repealed
14.92.120 Effective Date of Permit
14.92.130 Variances and Conditional Uses
14.92.140 Appeals
14.92.150 Modification or Rescission of Permit
14.92.160 Permit Expiration and Extension
14.92.170 Reapplication
14.92.010 Definitions.
Definitions contained in the Washington State Shoreline Management Act of 1971 shall apply to all terms and concepts used in this title; provided, that shoreline-related definitions contained in Chapter 14.08 shall be applicable where not in conflict with the Washington State Shoreline Management Act of 1971. (Ord. 855, Secs. 4, 26, 2011; Ord. 811, Sec. 75, 2010; Ord. 741, Sec. 9, 2007; Ord. 517, Sec. 1, 1996; Ord. 468, Sec. 2, 1995)
14.92.020 Administration.
(a) Map. Shorelines of the State located within Lake Stevens shall be designated on an official map to be kept in City Hall.
(b) Administration. The Planning Director as the Shoreline Administrator is vested with the duty of administering the rules and regulations relating to shoreline management and may prepare and require the use of such forms as are essential to such administration.
(c) Compliance with Other Laws. Nothing in this title shall be construed as excusing a developer from compliance with any other local, State, or Federal statute, ordinance or regulation applicable to a proposed development.
(d) Enforcement and Penalty. The Lake Stevens City Attorney shall bring such criminal injunctive, declaratory, or other actions as are necessary to ensure that no uses are made of the shorelines of the City located within the City in conflict with provisions, policy, or intent of this chapter or the Shoreline Management Act of 1971. Procedures for enforcement action and penalties shall be as specified in WAC 173-27-240 through 173-27-310. (Ord. 855, Sec. 27, 2011; Ord. 468, 1995)
14.92.030 Development Exempted from the Shoreline Development Permit Requirement.
Repealed by Ord. 811. (Ord. 517, Sec. 1, 1996; Ord. 468, Sec. 2, 1995)
14.92.040 Requirements for Exempted Developments.
Any development or substantial development exempted from obtaining a shoreline development permit by Section 14.16C.100(c) (Development Exempted from the Shoreline Development Permit Requirement) shall be consistent with the policy and intent of the Shoreline Management Act of 1971 and of this chapter and with the City’s Shoreline Master Program. (Ord. 811, Sec. 77, 2010)
14.92.050 Supplemental Application Requirements for a Shoreline Development Permit.
In addition to the application requirements of the specified submittal checklist, any person applying for a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance shall submit with their land use development application the following information:
(a) The name, address and phone number of the applicant, applicant’s representative and property owner;
(b) The location and legal description of the proposed shoreline substantial development;
(c) Name of the shoreline (water body) associated with proposal;
(d) A general description of the vicinity of the project (at least 400 feet) including adjacent uses, structures and improvements, intensity of development and physical characteristics;
(e) The present and intended use of the property and a description of the proposed shoreline substantial development project, including proposed use(s) and activities necessary to accomplish the project;
(f) A site development plan consisting of maps and elevation drawings, drawn to an appropriate scale to depict clearly all required information, and including photos or text, as required. The following information will be provided on a site plan map:
(1) Land contours, using five-foot contour intervals; if project includes grading, filling or other alteration of contours, then either:
(i) Show both existing and proposed contours on a single map, clearly indicating which is which, and include subsections (f)(2) through (13) of this section; or
(ii) Provide two or more maps, one showing existing contours, including subsections (f)(2) through (6) of this section, and the others showing proposed contours, including subsections (f)(7) through (13) of this section;
(2) Dimensions, including height, size and location of existing and proposed structures and improvements, including but not limited to buildings, paved or gravel areas, roads, utilities, septic tanks and drainfields, material stockpiles or surcharge, and stormwater management facilities;
(3) Ordinary high water mark;
(4) Beach type: sand, mud, gravel, etc.;
(5) Width of setback, side yards;
(6) Delineate all critical areas including lakes, streams and wetland areas and their buffers and identify those to be altered or used as part of development;
(7) General indication of character of vegetation found on the site;
(8) Proposed temporary and permanent fill areas (state quantity, source and composition of fill);
(9) Proposed excavated or dredged areas (state quantity, composition and destination of material);
(10) A landscaping plan for the project, if applicable;
(11) Plans for mitigation on or off the site for impacts associated with project, if applicable;
(12) A depiction of impacts to views from existing residential uses and public areas, where applicable; and
(13) For variances, clearly show on plans where development could occur without approval of variance, the physical features and circumstances on the property that provide a basis for request and location of adjacent structures and uses;
(g) Total value of all construction and finishing work for which the permit will be issued, including all permanent equipment to be installed on the premises;
(h) Approximate dates of construction initiation and completion;
(i) Short statement explaining why this project needs a shoreline location and how the proposed development is consistent with the policies of the Shoreline Management Act of 1971;
(j) Listing of any other permits for this project from State, Federal or local government agencies for which the applicant has applied or will apply;
(k) Any additional material or comments concerning the application which the applicant wishes to submit may be attached to the application on additional sheets; and
(l) Property owners of record within 300 feet of project site in electronic table format. (Ord. 855, Sec. 28, 2011; Ord. 811, Sec. 78, 2010)
14.92.060 Fees.
The fees for each proposed shoreline exemption, shoreline substantial development, shoreline conditional use, or shoreline variance permit shall be set by resolution. (Ord. 855, Sec. 29, 2011)
14.92.070 Processing Requirements.
(a) Shoreline substantial development permits shall be processed as a Type II review, and shoreline conditional use permits and shoreline variances shall be processed as a Type III review, pursuant to Chapters 14.16A and 14.16B, conforming to the requirements of RCW 90.58.140(4).
(b) Each permit issued shall include a provision that construction pursuant to the permit shall not begin and is not authorized until 21 days from date of filing as defined in RCW 90.58.140(6) and WAC 173-27-130, or until all review proceedings initiated within 21 days from date of filing have been terminated, except as provided in RCW 90.58.140(5)(a) and (b).
(c) The Washington Department of Ecology shall review the permit submitted by the City and approve, approve with conditions or disapprove permit within 30 days of the date of submittal by City. (WAC 173-27-200(1)) (Ord. 855, Sec. 30, 2011; Ord. 811, Sec. 79, 2010; Ord. 797, Sec. 7, 2009)
14.92.080 Policies.
Repealed by Ord. 811.
14.92.090 Hearing.
Within a reasonable time after the filing of an application for a shoreline development permit, the Hearing Examiner shall consider such application at a meeting, notice of which shall be given as per Section 14.16A.225 (Noticing Requirements). (Ord. 811, Sec. 81, 2010)
14.92.100 Duties of Hearing Examiner.
The Hearing Examiner shall consider the proposed substantial development based on information from: the application; written comments from interested persons; the advice of the various City departments; independent study of the Hearing Examiner; and views expressed by the public. The Hearing Examiner may request an applicant furnish information concerning a proposed substantial development in addition to information required in an application. The Hearing Examiner shall formulate findings of fact and a decision, based on the decision criteria enumerated in Section 14.16C.100(e). The Hearing Examiner shall transmit its recommendations in writing, together with a statement setting forth the factors considered, and an analysis of the findings considered by him to be controlling, to the Shoreline Hearings Board within 14 days following the Hearing Examiner meeting. (Ord. 855, Sec. 31, 2011; Ord. 811, Sec. 82, 2010)
14.92.110 Notification of Decision.
Repealed by Ord. 811.
14.92.120 Effective Date of Permit.
No person shall begin substantial development of any part of the shorelines of the State located within the City of Lake Stevens for at least 21 days pursuant to Section 14.92.070(b). (Ord. 855, Sec. 32, 2011)
14.92.130 Variances and Conditional Uses.
The City’s shoreline master program shall contain provisions to allow for the varying of the application of use regulations of the program, including provisions for permits for conditional uses and variances to ensure that strict implementation of the shoreline master program will not create unnecessary hardships or thwart the policy enumerated in this chapter or in Section 2 of the Shoreline Management Act of 1971 (RCW 90.58.020). Any such varying shall be allowed only if extraordinary circumstances are shown and the public interest suffers no substantial detrimental effect. (Ord. 855, Sec. 33, 2011)
14.92.140 Appeals.
Any person aggrieved by the granting, denying or rescinding of a shoreline permit may seek review by filing a request for review with the Shoreline Hearings Board, the Department of Ecology, and the Attorney General within 21 days of receipt of the decision pursuant to WAC 461-08-340. The City may appeal to the Shoreline Hearings Board any rules, regulations, guidelines, designations, or master programs for shorelines of the State adopted or approved by the Department of Ecology within 30 days of the date of adoption or approval. (Ord. 855, Sec. 34, 2011)
14.92.150 Modification or Rescission of Permit.
The Hearing Examiner shall retain continuing jurisdiction over permits which it issues. It may modify or rescind any shoreline development permit if it finds that a permittee has not complied with the conditions of a permit. The Hearing Examiner shall hold a public hearing and make findings of fact relating to a permit in question before it may take action to modify or rescind the permit. (Ord. 855, Sec. 35, 2011)
14.92.160 Permit Expiration and Extension.
Shoreline permits are valid for five years. A shoreline permit shall become void two years from the date of its issuance when substantial work on the authorized shoreline development has not been initiated within that time period. However, and consistent with RCW 90.58.143(2), the City may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed before the expiration or void date and notice of the proposed extension is given to parties of record on the shoreline permit and to the Department of Ecology. (Ord. 855, Sec. 36, 2011)
14.92.170 Reapplication.
After the final action regarding the denial of a shoreline development permit, a reapplication for such a permit involving substantially the same development on the same property shall not be accepted for consideration for a period of six months. (Ord. 468, 1995)