Chapter 16.20 SPECIFIC USE REGULATIONS

The following regulations apply to specific types of development that may be proposed along the shorelines of Sumner. A proposal can consist of one or more of these developments. For example, a proposal to mine river gravel would have to be consistent with the policies and regulations pertaining to industrial development and mining. If the proposed project includes other specific developments such as a dock or a road, then these aspects of the project must also be reviewed for consistency with the applicable regulations in this chapter. In addition, all specific shoreline developments must be consistent with the Sumner shoreline master program goals and policies and the environmental designations and requirements in chapter 16.14 SMC and the general regulations in chapter 16.16 SMC. (Ord. 2089 § 5 (part), 2004)

16.20.020 Agriculture.

A. A buffer of permanent native vegetation shall be established and maintained between areas used for cultivation or intensive grazing and adjacent water bodies and wetlands. The plant composition and width of the buffer shall be based on the site conditions, including type of vegetation, soil types, drainage patterns, and slope. The buffer shall, however, include the riverbank and shall not be less than 25 feet wide as measured landward and perpendicular to the ordinary high water mark. The buffer shall be of sufficient width to retard runoff, reduce sedimentation, and provide riparian habitat.

B. Riverbanks and water bodies shall be protected from damage due to concentration and overgrazing of livestock by providing the following when warranted:

1. Ample supplies of clean water in tanks on dry land for stock watering; and

2. Fencing or other grazing controls to prevent overgrazing and damage to buffer vegetation.

C. Adequate provision shall be made during the application of agricultural chemicals to prevent contamination of water bodies, wetlands, or aquifers.

D. The following agricultural developments and activities are prohibited within the shoreline jurisdiction:

1. Animal feedlot operations, including the collection of feedlot wastes, stockpiling of manure solids, and storage of noxious chemicals;

2. Aerial spraying of chemical pesticides or herbicides over water bodies, wetlands, or within a floodway, or within 200 feet of the ordinary high water mark, unless specifically permitted under the Washington Departments of Agriculture or Public Health;

3. The disposal of inorganic farm wastes, chemicals, fertilizers, and associated containers and equipment;

4. Any agricultural activity waterward of the ordinary high water mark;

5. Manure lagoons; and

6. Manure spreading on agricultural fields. (Ord. 2089 § 5 (part), 2004)

16.20.025 Agriculture environment specific regulation.

A. Urban Conservancy, Shoreline Residential, and Urban. Agriculture activity such as tilling of the land or animal grazing is a permitted use. However, all agricultural structures must respect the appropriate shoreline environment setback, established in chapter 16.14 SMC. Agriculture activity waterward of the ordinary high water mark is prohibited. (Ord. 2089 § 5 (part), 2004)

16.20.030 Boating facilities – General.

A. Boating facilities, as defined in SMC 16.12.107, shall require a conditional use permit, unless otherwise specified.

B. The city of Sumner shall require the following information in its review and evaluation of boating facility proposals:

1. A description of the existing natural shoreline features and uses;

2. A description of the geohydraulic processes at the site including accretion/erosion characteristics, flood levels, and surface drainage;

3. A description of biological resources and habitats in the upland and aquatic environments;

4. An estimate of the area of surface water to be appropriated;

5. A description of any shore defense works or shoreline stabilization and flood protection proposed as part of the project; and

6. Other information determined by the administrator to be relevant to the protection of the shoreline habitat and any endangered species present.

C. Boating facilities may be permitted only if:

1. It can be demonstrated that the facility will not adversely impact critical fish or wildlife habitat areas; associated wetlands; or properly functioning conditions for proposed, threatened or endangered species; and

2. Adequate mitigation measures ensure that there is no net loss of the functions or values of riparian habitat as a result of the facility. (Ord. 2089 § 5 (part), 2004)

16.20.040 Boat launch ramps.

A. Boat launch ramps shall locate on stable shorelines where water depths are adequate to eliminate or minimize the need for channel maintenance activities.

B. Boat launch ramps may be permitted on accretion shoreforms, provided any necessary grading is not harmful to affected resources and any accessory facilities are located out of the floodway.

C. Where boat ramps are permitted, parking and shuttle areas shall not be located on scarce accretion shoreforms, which have high value for general shore recreation.

D. Boat launch ramps may be permitted on stable nonerosional banks where the need for shore stabilization structures is minimized.

E. Boat launch ramps may be permitted for individual residences where the slope of the riverbank does not exceed 25 percent or where substantial cutting, grading, filling, or defense works are not necessary.

F. Ramp structures shall be placed near flush with the foreshore slope to minimize the interruption of geohydraulic processes.

G. Boat launch sites that are open to the public shall have adequate restroom facilities operated and maintained in compliance with Tacoma-Pierce County Health Department regulations. (Ord. 2089 § 5 (part), 2004)

16.20.050 Docks.

A. Docks shall not significantly interfere with use of navigable waters.

B. Docks shall not locate where the river channel is subject to change in direction or alignment.

C. Docks shall be designed to minimize interference with upstream or downstream passage of salmonids.

D. All docks shall be constructed and maintained in a safe and sound condition. Abandoned or unsafe docks shall be removed or repaired promptly by the owner. Where any such structure constitutes a hazard to the public, the city may, following adequate notice to the owner, remove the structure if the owner fails to so within 90 days of notice. The city may impose a lien on the related shoreline property in an amount equal to the cost of the abatement.

E. Pilings must be structurally sound and cured prior to placement in the river.

F. Docks shall utilize the minimum number of pilings necessary, favoring large spans on fewer pilings over smaller spans on more pilings.

G. No over-water field applications of preservative treatment or other chemical compounds shall be permitted. Painting of the dock shall be permitted, provided brush application is used and best management practices are followed to prevent paint from coming in contact with the river.

H. Bulk storage for gasoline, oil, and other petroleum products is prohibited on docks. Bulk storage means nonportable storage in fixed tanks. (Ord. 2089 § 5 (part), 2004)

16.20.060 Dry boat storage.

A. Dry boat storage shall not be considered a water-oriented use and must respect the appropriate shoreline environment setback.

B. Only water-dependent aspects of dry-boat storage such as docks, boat hoists and boat launch ramps may be permitted within shoreline environment setbacks.

C. Boat launch ramps and docks associated with dry boat storage shall be consistent with applicable requirements in this section. (Ord. 2089 § 5 (part), 2004)

16.20.070 Marinas.

Marinas are a prohibited use along the White (Stuck) and Puyallup Rivers. (Ord. 2089 § 5 (part), 2004)

16.20.075 Boating facilities environment specific regulation.

A. Urban Conservancy, Shoreline Residential, and Urban. Except for marinas, which are prohibited, boating facilities may be permitted as a conditional use. (Ord. 2089 § 5 (part), 2004)

16.20.080 Clearing and grading regulation – General.

A. Clearing and grading activities shall only be allowed in association with a permitted shoreline development.

B. All clearing and grading activities shall be limited to the minimum necessary for the intended development, including any clearing and grading approved as part of a landscape plan. Surfaces cleared of vegetation and not developed must be replanted as soon as possible. Within two years the vegetative cover must be reestablished.

C. Clearing and grading within shoreline environment setbacks shall comply with the special requirements for riparian management zones, SMC 16.20.090.

D. Outside of riparian management zones, normal nondestructive pruning and trimming of vegetation for maintenance purposes shall be permitted.

E. Clearing invasive nonnative shoreline vegetation listed on the Pierce County Noxious Weed List is permitted in shoreline locations, provided handheld equipment is used and native vegetation is promptly reestablished in the disturbed area.

F. All shoreline development and activity shall use effective measures to minimize increases in surface water runoff that may result from clearing and grading activity. The applicant must include in the proposal the methods that will be used to control, treat, and release runoff so that receiving water quality and shore properties and features shall not be adversely affected. Such measures may include but are not limited to dikes, berms, catch basins or settling ponds, installation and maintenance of oil/water separators, grassy swales interceptor drains, and landscaped buffers.

G. Stabilization of exposed erosional surfaces along shorelines shall, whenever feasible, utilize soil bioengineering techniques. (Ord. 2089 § 5 (part), 2004)

16.20.090 Clearing and grading – Riparian management zones.

A. Purpose. The purposes for maintaining a riparian management zone are to preserve the natural character of the shoreline, to protect the functions and values of critical areas, to conserve properly functioning conditions, and to enhance the recreational experience for the public using the river and adjacent lands. Chapter 3, Shorelines of Statewide Significance, of the shoreline master program describes these purposes in more detail and establishes the riparian management zone as a primary means of complying with the priorities for shorelines of statewide significance.

B. The riparian management zone shall be established by a permanent protective easement, public or private land trust dedication, or similar protective mechanism as approved by the administrator. An easement shall also be provided by the underlying property owner that grants the city access to the buffer for the placement of further conservation/restoration measures.

C. In order to maintain riparian corridors along both sides of the White (Stuck) and Puyallup Rivers, the city of Sumner shall regulate the cutting, trimming, and clearing of vegetation within shoreline environment setbacks, as follows:

1. Topping of trees and trimming of vegetation may be permitted within the riparian management zone, provided:

a. The provision is not interpreted to allow clearing of vegetation, and

b. The administrator determines, after consultation with the Washington Department of Fish and Wildlife, that such topping and trimming is not detrimental to the riparian functions and value.

2. Clearing within the riparian management zone is regulated as follows:

a. For water-oriented uses, clearing shall be limited to the minimum necessary for the successful operation of the use, subject to the additional clearing and grading requirements of this section and the provisions of the shoreline master program.

b. Clearing for agricultural purposes, such as cultivation or intensive grazing, shall be prohibited along riverbanks. Furthermore, a buffer of permanent vegetation must be established and maintained between areas used for cultivation or grazing and the river. The width of the buffer shall be determined by the administrator on a site-by-site basis, based on information provided by the applicant, but shall include the riverbank and shall not be less than 25 feet wide as measured landward and perpendicular to the natural floodway boundary. See SMC 16.20.020. All agricultural structures must meet the shoreline environment setback.

c. Clearing for landscape purposes may be permitted upon approval of a detailed landscape plan. The landscape plan shall include:

i. A map illustrating the distribution of existing plant communities in the area proposed for landscaping. The map must be accompanied by a description of the vegetative condition of the site, including plant species, plant density, fish and wildlife habitat values, and any natural or manmade disturbances;

ii. A description of the shade conditions created by existing vegetation. This description shall include an inventory of vegetation overhanging the river as well as a determination of how much shade is created by standing trees, during midday at midsummer. All trees that shade the river during midday at midsummer shall be retained;

iii. A detailed landscape map indicating which areas will be preserved and which will be cleared. This map must identify trees that will be removed or selectively thinned;

iv. Drawings illustrating the proposed landscape scheme, including the type, distribution, and density of plants. Any pathways or nonvegetated portions should be noted;

v. A description of any vegetation introduced for the purposes of fish and wildlife habitat. Loss of wildlife habitat shall be mitigated on-site. If on-site mitigation habitat is not possible, off-site mitigation shall be permitted at a replacement ratio of 1:1.25 (habitat lost to habitat replaced);

vi. A letter from the Washington State Department of Fish and Wildlife acknowledging review of the proposed landscape plan and finding that fish and wildlife habitat will not be degraded.

d. In all cases where clearing may be approved, exposed soils shall be immediately developed or revegetated to prevent erosion. Unless it would interfere with river access or the successful operation of a water-oriented use, cleared land within 25 feet of the floodway shall be revegetated with plants that benefit fish and wildlife habitat, such as low mass shrubbery, overhanging bushes, and tall grasses.

e. In all cases where clearing is followed by revegetation, native plants shall be preferred.

f. In all cases where revegetation involves the placement of groundcover, shrubs, or trees, the following regulations shall apply:

i. At the time of planting, groundcover must be planted such that complete coverage is attained within one growing season.

ii. At the time of planting, shrubs must be 18 inches high. Shrubs should be planted such that within two years the shrubs will cover at least 60 percent of the area that would be covered when the shrubs have attained a mature size.

iii. At the time of planting, deciduous trees must be at least two inches in caliper as measured one foot above grade, and coniferous trees must be at least five feet in height.

iv. The applicant shall install and implement an irrigation system to ensure survival of vegetation planted in compliance with the riparian management provisions of this section.

v. For a period of two years after initial planting, the applicant shall replace any unhealthy or dead vegetation planted as part of an approved landscape plan.

g. The city shall determine whether a performance bond should be required as a condition of permit approval, to ensure compliance with the riparian management zone regulations. (Ord. 2089 § 5 (part), 2004)

16.20.095 Clearing and grading environment specific regulation.

A. Shoreline Residential and Urban. Clearing and grading shall be a permitted activity when associated with a development that is consistent with the provisions of this master program.

B. Urban Conservancy. Clearing and grading shall be a permitted activity when associated with a development that is consistent with the provisions of this master program. (Ord. 2089 § 5 (part), 2004)

16.20.100 Commercial development.

A. Over-water construction of commercial uses is prohibited, provided this prohibition does not preclude the development of docks, boat launch ramps, or other river access facilities that are consistent with the intent of the shoreline master program and necessary for the operation of an associated commercial use.

B. All commercial development within shoreline jurisdiction shall provide for public visual and physical access to the shoreline. Where on-site public access is appropriate, commercial development shall dedicate, improve, and provide maintenance for a pedestrian easement that provides area sufficient to ensure usable access to and along the shoreline for the general public. Public access easements shall be a minimum of 25 feet in width and shall comply with the public access policies contained in the shoreline master program and public access standards in SMC 16.16.190.

C. Off-site public access to the Sumner shoreline shall be required if on-site public access would pose an unacceptable risk to the public health, safety, and welfare. Off-site public access must meet the same standards and requirements as on-site public access. Off-site public access could be provided either through a payment in lieu agreement with the city or through the purchase of land or an easement at a location appropriate to provide the access deemed necessary.

D. All commercial loading and service areas shall be located on the upland side of the commercial activity or provisions shall be made to screen the loading and service areas from the shoreline and consistent with the city of Sumner design and development guidelines.

E. Commercial development shall be designed and maintained in a neat and orderly manner, consistent with the character and features of the surrounding area.

F. Commercial Environment Specific Regulations.

1. Urban. Commercial developments are permitted uses, unless otherwise stated in this master program. Over-the-water commercial development is prohibited.

2. Shoreline Residential. Commercial developments are prohibited uses.

3. Urban Conservancy. Water-oriented commercial development may be permitted as a conditional use. Nonwater-oriented commercial development is permitted. Over-the-water commercial development is prohibited. (Ord. 2089 § 5 (part), 2004)

16.20.110 Dredge and dredge spoil.

A. Applications for shoreline dredging and dredge spoil disposal shall provide, at a minimum, the following information:

1. Physical, chemical, and biological analysis of material to be dredged, including material composition, particle size distribution, volume and amount, organic content, source of material, volatile solids, chemical oxygen demand (COD), grease and oil, oxygen and heavy metals, nutrients, sulfides and biological organisms, both permanent and migratory/transitory;

2. Dredging technique, schedule, frequency, hours of operation, and procedures;

3. Method of dredge spoil disposal, including the location, size, capacity and physical characteristics of the soil disposal area, transportation method and routes, hours of operation, and schedule;

4. Location and stability of bedlands adjacent to proposed dredging area;

5. Hydraulic analyses, including current flows, direction, and projected impacts. Hydraulic modeling studies are required for large scale, extensive dredging projects;

6. Assessment of water quality impacts; and

7. Biological assessment including migratory, seasonal, and spawning factors.

B. Dredging and dredge spoil disposal shall be permitted only where it is demonstrated that the proposed actions will not result in significant damage to water quality, fish, and other essential biological elements, and will not adversely alter natural drainage and circulation patterns, currents, river flows, or significantly reduce floodwater capacities or significantly impact properly functioning conditions for proposed, threatened or endangered species or the functions and values of critical areas.

C. Proposals for dredging and dredge spoil disposal shall include all feasible mitigating measures to protect habitats and to minimize adverse impacts such as turbidity, release of nutrients, heavy metals, sulfides, organic materials, or toxic substances, depletion of oxygen, disruption of food chains, loss of benthic productivity, and disturbance of fish runs and important localized biological communities.

D. Dredging and dredge spoil disposal shall not occur in wetlands, except if the wetland alteration regulations in SMC 16.16.140 are followed.

E. Dredging within the floodway shall be permitted only:

1. For navigational purposes;

2. In conjunction with a water-dependent use;

3. As part of an approved habitat improvement project;

4. To improve flood control, water flow or water quality; provided, that all dredged material shall be contained and managed so as to prevent it from reentering the water;

5. For mining and/or mineral extraction;

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

F. When dredging is permitted, the dredging shall be the minimum necessary to accommodate the proposed use.

G. Dredging shall utilize techniques that cause minimum dispersal and broadcast of bottom material; hydraulic dredging shall be used wherever feasible in preference to agitation dredging.

H. Dredged spoil material may be disposed at approved upland sites. If these upland sites are dry lands and fall within shoreline jurisdiction, the disposal of dredge spoils shall be considered grading and must be consistent with all applicable provisions of the shoreline master program. If these upland sites are associated wetlands, then the disposal of dredge spoils shall be considered “landfill” and must be consistent with all applicable provisions of the shoreline master program regulations.

I. Depositing dredge spoils waterward of the ordinary high water mark shall be allowed only by conditional use permit for one of the following reasons:

1. For wildlife habitat improvements;

2. To correct problems of material distribution that are adversely affecting fish resources; or

3. When land disposal alternatives are more detrimental to shoreline resources than depositing it in water areas.

J. If suitable alternatives for land disposal are not available or are infeasible, water disposal sites shall be identified consistent with the following criteria:

1. Disposal will not interfere with geohydraulic processes;

2. The dredge spoil has been analyzed by qualified personnel and found to be minimally or nonpolluting;

3. Aquatic life will not be adversely affected; and

4. The site and method of disposal meets all requirements of applicable regulatory agencies.

K. The city may impose reasonable limitations on dredge disposal operating periods and hours and may require provision for buffer strips at land disposal sites.

L. Dredging Environment Specific Regulations.

1. Shoreline Residential and Urban. By definition, dredging is the removal of earth from lands covered by water, therefore dredging cannot occur on lands not covered by water. Dredging within the floodway shall be permitted if consistent with the provisions of the shoreline master program. Depositing dredge spoils landward of the ordinary high water mark is permitted. Depositing dredge spoils waterward of the ordinary high water mark requires a conditional use permit and shall be consistent with the requirements of this section.

2. Urban Conservancy. Dredging within the floodway shall be permitted only as a conditional use. Depositing dredge spoils landward of the ordinary high water mark is permitted. Depositing dredge spoils waterward of the ordinary high water mark requires a conditional use permit and shall be consistent with the requirements of this section.

M. Dredge Spoil Disposal Environment Specific Regulations.

1. Shoreline Residential, Urban and Urban Conservancy. Dredge spoil disposal on dry upland sites shall be considered “grading” and may be permitted when associated with a permitted development that is consistent with the provisions of the shoreline master program. (Dredge spoil disposal on upland sites that are associated wetlands shall be considered “landfill” and must be consistent with all applicable provisions of this master program.)

2. Dredge spoil disposal within the floodway may be permitted as a conditional use only for specific developments expressly stated in the shoreline master program. (Ord. 2089 § 5 (part), 2004)

16.20.120 Industrial development.

A. Only water-dependent industries shall be permitted within shoreline environment setbacks established by the shoreline master program regulations.

B. Over-the-water construction of industrial uses is prohibited, provided this prohibition does not preclude the development of instream structures or boating facilities that are necessary for the operation of an associated industrial use and are consistent with the provisions of the Sumner shoreline master program.

C. Where on-site public access is appropriate, industrial development shall dedicate, improve, and provide maintenance for a pedestrian easement that provides area sufficient to ensure usable access to and along the shoreline for the general public. Public access easements shall be a minimum of 25 feet in width and shall comply with the public access policies contained in the Sumner shoreline master program and standards in SMC 16.16.190.

D. Off-site public access to the Sumner shoreline shall be required if on-site public access would pose an unacceptable risk to the public health, safety, and welfare. Off-site public access must meet the same standards and requirements as on-site public access.

E. Accessory industrial development that does not require a shoreline location shall be located upland of the water-dependent or water-related portions of the development and set back from the floodway as set forth in chapter 16.14 SMC. Accessory development includes, but is not limited to, parking, warehousing, open-air storage, waste storage and treatment, storm runoff control facilities, utilities, and land transportation corridors.

F. Sewage treatment and water reclamation may only be permitted by conditional use and shall be located where they do not interfere with and are compatible with recreational, residential, or other public uses of the water and shorelines.

G. Storage and/or disposal of industrial wastes is prohibited within shoreline jurisdiction; provided, that wastewater treatment system may be allowed if alternate inland areas are unavailable.

H. All new or expanded industrial development shall be set back and buffered from adjacent shoreline properties that are used for nonindustrial purposes. Buffers shall be of adequate width and height to protect adjacent land uses from visual or noise intrusion. New or expanded industrial development shall be set back from the shoreline in accordance with chapter 16.14 SMC, except those water-dependent portions of the development that require direct access to the water.

I. Buffers shall not be used for storage of industrial equipment or materials, or for waste disposal. Buffers may be used for outdoor recreation if consistent with public access provisions.

J. Display and other exterior lighting shall be designed, shielded, and operated to minimize glare, to avoid illuminating nearby properties, and to prevent hazards for public traffic.

K. Unpaved storage areas underlain by permeable soils shall have at least a four-foot separation between the ground surface and the highest seasonal water table.

L. Berms, dikes, grassy swales, vegetated buffers, retention ponds, or other means shall be used to ensure that surface runoff is collected and discharged from the storage area at one point, if possible. It shall be demonstrated that water quality standards will not be violated by such runoff under any conditions of flow, leaving the site and entering into nearby watercourses.

M. Industrial projects of statewide significance determined to be particularly dependent on a location on or requiring use of the shorelines of the state in Sumner shall be reviewed per the city’s goals and policies addressing facilities of statewide significance contained within the city’s comprehensive plan, and shall be consistent with the provisions of the shoreline master program. (Ord. 2089 § 5 (part), 2004)

16.20.125 Industrial environment specific regulations.

A. Urban. Industrial uses are permitted uses, except for over-the-water industrial uses, which are prohibited, unless as specified herein.

B. Shoreline Residential. Industrial uses are prohibited.

C. Urban Conservancy. Industrial uses are permitted uses except for over-the-water industrial structures, which are prohibited. (Ord. 2089 § 5 (part), 2004)

16.20.130 Instream structures regulations.

A. This section applies to the construction, operation, and maintenance, as well as the expansion of, existing instream structures and facilities.

B. Instream structures may be permitted as a conditional use.

C. All permit applications shall contain, at a minimum, the following:

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

2. Proposed location and design of the instream structure, accessory structures, 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 the shoreline master program.

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

6. Biological resource inventory and analysis that sufficiently describes the project’s effects on fisheries and wildlife resources, prepared by a professional biologist.

7. Provision for erosion control, protection of water quality, and preservation of fishery and wildlife resources during construction.

8. 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.

D. Structural Development.

1. Instream structures shall be designed, located, and constructed in such a manner as to avoid extensive topographical alteration.

2. Instream structures that divert water shall return flow to the stream in as short a distance as possible.

3. All instream structures shall be designed to permit the natural transport of bedload materials.

4. Powerhouses associated with hydroelectric facilities shall be located a minimum of 50 feet from the floodway; provided, that this does not apply to raceways. (Ord. 2089 § 5 (part), 2004)

16.20.135 Instream structure environment specific regulations.

A. Shoreline Residential, Urban, and Urban Conservancy. Instream structures and associated developments may be permitted as a conditional use. (Ord. 2089 § 5 (part), 2004)

16.20.140 Landfill.

A. Applications for landfill permits shall include the following:

1. Proposed use of the landfill area;

2. Physical, chemical, and biological characteristics of the fill material;

3. Source of landfill material;

4. Method of placement and compaction;

5. Location of landfill relative to natural and/or existing drainage patterns;

6. Location of the landfill perimeter relative to the floodway;

7. Perimeter erosion control or stabilization means;

8. Type of surfacing and runoff control devices; and

9. Location of wetlands or other sensitive areas.

B. Landfill waterward of the floodway shall be permitted as a conditional use only:

1. In conjunction with a water-dependent use permitted under the shoreline master program.

2. In conjunction with a bridge, utility, or navigational structure for which there is a demonstrated public need and where no feasible upland sites, design solutions, or routes exist.

3. As part of an approved beach restoration project.

4. For fisheries, aquaculture, or wildlife habitat enhancement projects.

5. Pier or pile supports shall be utilized in preference to landfills. Landfills for approved road development in floodways or wetlands shall be permitted only if pile or pier supports are proven structurally infeasible.

6. Landfills shall only be permitted in conjunction with a specific development already permitted by the shoreline master program or proposed simultaneously as part of a conditional use permit application. Speculative landfills are prohibited.

C. Landfill shall be permitted only where it is demonstrated that the proposed action will not:

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

2. Adversely alter natural drainage and current patterns or significantly reduce floodwater capacities.

D. Where landfills are permitted, the landfill shall be the minimum necessary to accommodate the proposed use.

E. Landfills shall be designed, constructed, and maintained to prevent, minimize, and control all material movement, erosion, and sedimentation from the affected area. Landfill perimeters shall be designed and constructed with silt curtains, vegetation, retaining walls, or other mechanisms to prevent material movement. In addition, the sides of the landfill shall be appropriately sloped to prevent erosion and sedimentation, both during initial landfill activities and afterwards.

F. Fill materials shall be clean sand, gravel, soil, rock, or similar material. Use of polluted dredge spoils and sanitary landfill materials are prohibited. The developer shall provide evidence that the material has been obtained from a clean source prior to fill placement.

G. Landfills shall be designed to allow surface water penetration into aquifers, if such conditions existed prior to the fill. (Ord. 2089 § 5 (part), 2004)

16.20.145 Landfill environment specific regulations.

A. Shoreline Residential, Urban, and Urban Conservancy. By definition, landfill is the creation of “dry” upland area by depositing earth into a waterbody or wetland; therefore, these regulations do not apply to dry lands. Landfill within the floodway may be permitted as a conditional use. (Ord. 2089 § 5 (part), 2004)

16.20.150 Mining.

A. Mining operations landward of the floodway are prohibited.

B. Mining waterward of the floodway (ordinary high water mark) is prohibited, except for scalping of river bars, which may be permitted as a conditional use, provided the proposed activity secures all necessary permits; is consistent with the city’s critical area regulations (Sumner Municipal Code, Title 16, Division III) and protective of endangered, threatened, or sensitive species; and that in any one year, the mining activity removes no more than one half of the material that is predictably replaced by deposition each year.

C. Excavation of sand, gravel, and other river materials by the open pit method is prohibited.

D. All mining impacts shall be mitigated, and where possible, shoreline enhancement shall be encouraged. (Ord. 2089 § 5 (part), 2004)

16.20.155 Mining environment specific regulations.

A. Urban Conservancy, Urban, and Shoreline Residential. Mining operations landward of the floodway are prohibited. Waterward of the floodway, scalping of river bars may be permitted as a conditional use; all other forms of mining are prohibited. (Ord. 2089 § 5 (part), 2004)

16.20.160 Parking.

A. Parking for specific land use activities within the city of Sumner is subject to the requirements and standards set forth in chapter 18.42 SMC. In addition, the following parking requirements shall apply to all developments within shoreline jurisdiction:

1. Parking as a primary use shall be prohibited within the shoreline jurisdiction.

2. The location of parking areas in or near sensitive areas shall be avoided.

3. Parking or storage of recreational vehicles or travel trailers as a primary use shall be prohibited in all shoreline environment jurisdictions.

4. Parking in shoreline areas must directly serve an approved shoreline use.

5. Parking areas within shoreline jurisdiction shall be designed and landscaped to minimize adverse impacts upon adjacent shorelines and abutting properties. The landscaping shall preferably consist of native vegetation, to be planted within one year after completion of construction and provide an effective screening three years after planting. Adequate screening or landscaping for parking lots shall consist of one or more of the following:

a. A strip of land 15 feet wide landscaped with trees, shrubs, and groundcover.

b. A building or enclosed structure.

c. A strip of land not less than five feet in width that is occupied by a continuous wall, fence, plant material, or combination of both; which shall be at least six feet high at time of installation. The plant material shall be evergreen and spaced not more than three feet on center if pyramidal in shape, or not more than five feet if wider in branching habit. If the plant material is used in conjunction with a wall or fence meeting the minimum height requirements, then said material may be of any kind and spacing.

6. The requirement for screening may be waived by the director of community development, where screening would obstruct a significant view from public property or public roadway.

7. All landscaping shall be designed to provide biofiltration functions for runoff from the parking area.

8. Alternatives to conventional stormwater treatment, such as use of pervious materials, shall be considered in order to minimize impacts due to runoff and the need for stormwater treatment.

9. All landscaping must be maintained in a neat and orderly manner. In no event shall such landscape areas be used for the storage of materials or parking of automobiles, or recreational or other vehicles.

10. Parking facilities shall not be permitted over the water.

11. Parking shall be located on the landward side of the development unless parking is contained within a permitted structure.

12. Where there is no available land area on the landward side of the development, parking shall extend no closer to the shoreline than a permitted structure. (Ord. 2089 § 5 (part), 2004)

16.20.165 Parking – Environment specific regulations.

A. Urban. Parking shall not be allowed within the 50-foot setback pursuant to chapter 16.14 SMC, and shall be a permitted use only when associated with a development that is consistent with the provisions of this master program.

B. Shoreline Residential. Parking shall not be allowed within the 100-foot setback pursuant to chapter 16.14 SMC and shall be a permitted use only when associated with a development that is consistent with the provisions of this master program.

C. Urban Conservancy. Parking shall not be allowed within the 100- or 200-foot setback pursuant to chapter 16.14 SMC. (Ord. 2089 § 5 (part), 2004)

16.20.170 Recreational facilities.

This section applies to both publicly and privately owned shoreline facilities intended for use by the public or private club, group, association, or individual.

A. Valuable shoreline resources and fragile or unique areas, such as wetlands and accretion shore forms, shall be used only for nonintensive and nonstructural recreation activities.

B. For recreation developments such as golf courses and playfields that require the use of fertilizers, pesticides, or other chemicals, the applicant shall submit plans demonstrating the methods to be used to prevent these chemical applications and resultant leachate from entering adjacent water bodies. Vegetation buffer strips and, if possible, shade trees shall be required between the river and recreation developments that use fertilizers, pesticides, or other chemicals. The administrator shall determine the maximum width necessary for buffer strips. Buffers shall not be less than 25 feet wide, measured on a horizontal plane, perpendicular to the floodway edge. The developer shall also be required to leave a chemical-free swath at least 100 feet in width next to water bodies and wetlands.

C. Recreational facilities shall make adequate provisions, such as screening, buffer strips, fences, and signs, to prevent overflow onto adjacent private properties.

D. Waterward of the ordinary high water mark, no recreational buildings or structures shall be built, except water-dependent and/or water-enjoyment structures as follows: docks, bridges, and viewing platforms. Such uses may be permitted as a conditional use.

E. Proposals for recreational development shall include adequate facilities for water supply, sewage, and garbage disposal. (Ord. 2089 § 5 (part), 2004)

16.20.175 Recreational facilities – Environment specific regulations.

A. Shoreline Residential and Urban. Recreational facilities are a permitted use. Waterward of the ordinary high water mark, no recreational buildings or structures shall be built, except water-dependent and/or water-enjoyment structures as follows: docks, bridges, and viewing platforms. Such uses may be permitted as a conditional use.

B. Urban Conservancy. Recreational facilities are permitted as a conditional use. Waterward of the ordinary high water mark, no recreational buildings or structures shall be built, except water-dependent and/or water-enjoyment structures as follows: docks, bridges, and viewing platforms. Such uses may be permitted as a conditional use. (Ord. 2089 § 5 (part), 2004)

16.20.180 Residential development.

A. Residential development is prohibited waterward of the floodway.

B. Residential development shall not be approved if flood control or shoreline protection measures are necessary to create a residential lot or site area. Residential development shall be located and designed to avoid the need for structural shore defense and flood protection works in the foreseeable future.

C. If wetlands or other environmentally sensitive areas are located on the development site, clustering of residential units shall be required in order to avoid these areas. Clustering shall be in accordance with the Sumner critical areas regulations, chapter 16.40 SMC.

D. Storm drainage and treatment facilities shall be required by the city for proposals of five or more dwellings. Drainage facilities shall be separate from sewage disposal facilities. Drainage systems shall include provisions to prevent the direct entry of uncontrolled and untreated surface water runoff into receiving waters. Such provisions may include retention ponds, vegetated swales, and artificial wetlands.

E. Subdivisions and planned unit developments of five or more waterfront lots/units shall dedicate, improve, and provide maintenance provisions for a pedestrian easement that provides area sufficient to ensure usable access to and along the shoreline for all residents of the development and the general public. When required, public access easements shall be a minimum of 25 feet in width and shall comply with the public access policies contained in the shoreline master program and standards in SMC 16.16.190. (Ord. 2089 § 5 (part), 2004)

16.20.185 Residential environment specific regulations.

A. Shoreline Residential and Urban. Residential development is a permitted use. Residential development waterward of the ordinary high water mark is prohibited.

B. Urban Conservancy. Residential development may be permitted as a conditional use provided a variance is obtained from the shoreline setback requirements. Residential development waterward of the ordinary high water mark is prohibited. (Ord. 2089 § 5 (part), 2004)

16.20.190 Shoreline modification – General.

A. All new shoreline modification activity shall be located and designed to prevent or minimize the need for bank stabilization and flood protection works.

B. The city shall require and utilize the following information during its review of shoreline stabilization and flood protection proposals:

1. Purpose of the project;

2. Hydraulic characteristics of the river within one-half mile on each side of the proposed project;

3. Existing shoreline stabilization and flood protection devices within one-half mile on each side of the proposed project;

4. Biological characteristics of the area, including fish and wildlife resources;

5. Construction material and methods;

6. Physical, geological, and/or soil characteristics of the area;

7. Predicted impact upon area shore and hydraulic processes, adjacent properties, and shoreline and water uses; and

8. Alternative measures (including nonstructural) that will achieve the same purpose.

C. Shoreline stabilization and flood protection measures shall not be designed and constructed in such a manner as to result in channelization of normal stream flows.

D. River and stream channel direction modification, and realignment are prohibited unless they are essential to uses that are consistent with the shoreline master program.

E. New nonwater-dependent development, including single-family residences, that includes structural shoreline stabilization shall not be allowed unless all of the conditions below apply:

1. The need to protect the development from destruction due to erosion caused by natural processes, such as tidal action, currents, and waves, is demonstrated through a geotechnical report.

2. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage.

3. Nonstructural measures, such as placing the development further from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient.

4. The structure will not cause significant impacts to functions and values of critical areas or properly functioning conditions for proposed, threatened, and endangered species.

F. Flood control diking shall be landward of the floodway base (100-year frequency) and any wetlands directly interrelated and interdependent with the river.

G. Upon project completion, all disturbed shoreline areas shall be restored to as near pre-project configuration as possible and replanted with appropriate vegetation. All losses in riparian vegetation or wildlife habitat shall be mitigated at a ratio of 1:1.25 (habitat lost to habitat replaced).

H. Shoreline stabilization and flood protection works are prohibited in wetlands and on point and channel bars. They are also prohibited in salmon or trout spawning areas.

I. Shore modification shall, to the extent possible, be planned, designed, and constructed to allow for channel migration. These developments shall not reduce the volume and storage capacity of rivers and adjacent wetlands or floodplains.

J. Use of car bodies, scrap building materials, asphalt from street work, or any discarded piles of equipment or appliances for the stabilization of shorelines shall be prohibited. (Ord. 2089 § 5 (part), 2004)

16.20.195 Shoreline modification – Bulkheads, revetments, dikes, and levees.

Permitted and conditional use requirements for bulkheads, revetments, and dikes and levees are specified under SMC 16.20.200, 16.20.210 and 16.20.220. All other forms of shoreline modification must be approved as a conditional use within all of the shoreline environments. (Ord. 2089 § 5 (part), 2004)

16.20.200 Shoreline modification – Bulkheads.

A. Bulkheads may be allowed only when evidence is presented which conclusively demonstrates that one of the following conditions exist:

1. Serious river erosion threatens an established use or existing building(s) on upland property.

2. Bulkheads are necessary to the operation and location of water-dependent, water-related, or water-enjoyment activities consistent with the shoreline master program; provided, that all other alternative methods of shore protection have proven infeasible.

3. A bulkhead is necessary to retain a landfill that has been approved consistent with the provisions of the shoreline master program.

B. Proposals for bulkheads must first demonstrate that use of natural materials and processes and nonstructural solutions to bank stabilization are unworkable.

C. The construction of a bulkhead for the primary purpose of retaining a landfill shall be allowed only in conjunction with:

1. A water-dependent use or a water-enjoyment use;

2. A bridge or navigational structure for which there is a demonstrated public need and where no feasible upland sites, design solutions, or routes exist;

3. A wildlife or fishing enhancement project.

D. Bulkheads shall not be located on shorelines where valuable geohydraulic or biological processes are sensitive to interference. Examples of such areas include wetlands and accretion landforms.

E. Bulkheads are to be permitted only where local physical conditions, such as foundation-bearing materials, and surface and subsurface drainage, are suitable for such alterations.

F. If possible, bulkheads shall be located landward of the floodway and generally parallel to the natural shoreline. In addition:

1. Where no other bulkheads are adjacent, the construction of a bulkhead shall be as close to the eroding bank as possible and in no case shall it be more than three feet from the toe of the bank.

2. A bulkhead for a permitted landfill shall be located at the toe of the fill.

3. Where permitted, a bulkhead must tie in flush with existing bulkheads on adjoining properties, except where the adjoining bulkheads extend waterward of the floodway, the requirements set forth in this section shall apply.

G. Replacement bulkheads may be located immediately in front of the bulkhead to be replaced such that the two bulkheads will share a common surface, except where the existing bulkhead has not been backfilled or has been abandoned and is in serious disrepair. In such cases, the replacement bulkhead must be located according to the requirements set forth in this section.

H. Bulkheads shall be sited and designed consistent with appropriate engineering principles. Professional geologic site studies or designs may be required for any proposed bulkhead if the administrator determines sufficient uncertainties exist.

I. When a bulkhead is required at a public access site, provision for safe access to the water shall be incorporated into bulkhead design.

J. Bulkheads shall be designed for the minimum dimensions necessary to adequately protect the development.

K. Stairs or other permitted structures may be built into a bulkhead but shall not extend waterward of it.

L. Bulkheads shall be designed to permit the passage of surface or groundwater without causing ponding or saturation of retained soil/materials.

M. Adequate toe protection consisting of proper footings, a fines retention mesh, etc., shall be provided to ensure bulkhead stability without relying on additional riprap.

N. Materials used in bulkhead construction shall meet the following standards:

1. Bulkheads shall utilize stable, nonerodable, homogeneous materials such as concrete, wood, and rock that are consistent with the preservation and protection of the ecological habitat.

2. Shore materials shall not be used for fill behind bulkheads, except clean dredge spoil from a permitted off-site dredge and fill operation. (Ord. 2089 § 5 (part), 2004)

16.20.205 Bulkhead environment specific regulations.

A. Shoreline Residential and Urban. Bulkheads are a permitted use landward of the ordinary high water mark. Bulkheads located waterward of the ordinary high water mark are prohibited. Any filling within the floodway must comply with the floodplain management regulations in SMC 16.16.130.

B. Urban Conservancy. Bulkheads are permitted as a conditional use landward of the ordinary high water mark. Bulkheads located waterward of the ordinary high water mark are prohibited. Any filling within the floodway must comply with the floodplain management regulations in SMC 16.16.130. (Ord. 2089 § 5 (part), 2004)

16.20.210 Shoreline modification – Dikes and levees.

A. Dikes and levees shall be limited in size to the minimum height required to protect adjacent lands from the projected flood stage, as identified in the Sumner Flood Damage Prevention Code, chapter 15.52 SMC.

B. Dikes and levees shall not be placed in the floodway, except as current deflectors necessary for protection of bridges and roads.

C. Public access to the shoreline shall be provided. Improved trail systems along diked or leveed shorelines are preferred.

D. Proposals for dikes and levees shall contain a detailed evaluation of potential losses to floodplain values. This evaluation shall address: (1) groundwater discharge; (2) associated wetlands; (3) water quality; and (4) erosion/sedimentation.

E. Dikes and levees shall only be authorized by conditional use permit and shall be consistent with all flood control management plans and regulations adopted by the city of Sumner. (Ord. 2089 § 5 (part), 2004)

16.20.215 Dikes and levees environment specific regulation.

A. Shoreline Residential, Urban, and Urban Conservancy. Dikes and levees landward of the ordinary high water mark may be permitted as a conditional use. Dikes and levees waterward of the ordinary high water mark are prohibited. Any filling within the floodway must comply with the floodplain management regulations in SMC 16.16.130. (Ord. 2089 § 5 (part), 2004)

16.20.220 Shoreline modification – Revetments.

A. The shoreline administrator shall require professional design of a proposed revetment, if it is determined that uncertainties exist, such as (1) inadequate data on local geophysical conditions; (2) inadequate data on stream flow, velocity, and/or flood capacity; and (3) effects on adjacent properties.

B. Bank revetments, where permitted, shall be placed at the extreme edge of the riverbank.

C. Design of public works shall include and provide improved access to public shorelines whenever possible.

D. When permitted, the siting and design of revetments shall be performed using appropriate engineering principals, including guidelines of the U.S. Soil Conservation Service and the U.S. Army Corps of Engineers.

E. If an armored revetment is employed, the following design criteria shall be met:

1. The size and quantity of the material shall be limited to only that necessary to withstand the estimated energy intensity of the hydraulic system;

2. Filter cloth must be used to aid drainage and help prevent settling;

3. The toe reinforcement or protection must be adequate to prevent a collapse of the system from river scouring or wave action; and

4. Fish habitat components, such as large boulders, logs, and stumps, shall be considered in the design subject to hydraulic project approval by the Washington Department of Fisheries. (Ord. 2089 § 5 (part), 2004)

16.20.225 Revetment environment specific regulation.

A. Shoreline Residential and Urban. Revetments landward of the ordinary high water mark are a permitted use. Revetments proposed waterward of the ordinary high water mark are prohibited.

B. Urban Conservancy. Revetments landward of the ordinary high water mark may be permitted as a conditional use. Revetments located waterward of the ordinary high water mark are prohibited. (Ord. 2089 § 5 (part), 2004)

16.20.230 Signs.

A. Signs within the city of Sumner are subject to the requirements and standards specified in the Sumner sign regulations, chapter 18.44 SMC. In addition, the sign requirements within this section shall apply to signs within shoreline jurisdiction. Signs shall comply with the specific shoreline environment requirements set forth in chapter 16.14 SMC and shall be permitted only in association with a development that is consistent with the provisions of the shoreline master program.

B. Over-water signs or signs on floats or pilings shall be related to water-dependent uses only.

C. When feasible, signs shall be flush mounted against existing buildings. Freestanding, on-premises signs must demonstrate that it is unfeasible to mount the sign on an exterior wall of the permitted development. Failure to satisfactorily comply with this requirement shall be sufficient grounds for denial of the application.

D. Where freestanding on-premises signs are approved, the sign shall not exceed six feet in height.

E. Temporary or obsolete signs shall be removed within 10 days of elections, closures of business, or termination of any other function. Examples of temporary signs include real estate signs, directions to events, political advertisements, event or holiday signs, and construction signs.

F. Signs that do not meet the policies and regulations of this master program shall be considered nonconforming signs and regulated per chapter 18.44 SMC.

G. Permanent signs shall be constructed of durable, weather-resistant materials.

H. All public and private enterprises, development, and services located in shoreline areas shall have no more than two on-premises advertising devices or signs.

I. On-premises signs shall not extend beyond the exterior wall of the building to which the sign is attached.

J. The following types of signs are permitted in all upland shoreline environments (e.g., excluding all areas waterward of the ordinary high water mark in the shoreline environment):

1. Water navigational signs, highway and railroad signs necessary for operation, safety, and direction.

2. Public information signs directly relating to an allowed local shoreline activity.

3. Off-premises, free standing signs for community identification, information, or directional purposes.

4. Signs with “changing messages,” as long as the information is limited to time-temperature-date or public messages.

5. National, site, and institutional flags for temporary decorations customary for special holidays and similar events of a public nature.

6. Temporary directional signs to public or quasi-public events, provided these signs are removed within 10 days following the event.

7. Signs identifying developments approved in compliance with the provisions of the shoreline master program.

K. Billboards and other off-premises signs shall be regulated per chapter 18.44 SMC.

L. The following types of signs are prohibited in all shoreline environments:

1. No signs that impair visual access from public viewpoints in view corridors shall be permitted.

2. Spinners, streamers, pennants, flashing lights, and other animated signs used for commercial purposes. Highway and railroad signs are exceptions.

3. Signs placed on trees or other natural features.

4. Roof-mounted signs. (Ord. 2089 § 5 (part), 2004)

16.20.235 Signs environment specific regulations.

Signs shall comply with the specific shoreline environment requirements set forth in Chapter 4 and shall be permitted only in association with a development that is consistent with the provisions of this master program. (Ord. 2089 § 5 (part), 2004)

16.20.240 Transportation.

A. Transportation facilities and services shall utilize existing transportation corridors wherever possible, provided the shoreline is not adversely impacted and the development is otherwise consistent with the shoreline master program.

B. Transportation and primary utility facilities shall be required to make joint use of rights-of-way and to consolidate river crossings.

C. Landfills for transportation facility development are prohibited in water bodies and wetlands and on accretion beaches, except when all structural and upland alternatives have proven infeasible and the transportation facilities are necessary to support uses consistent with the shoreline master program.

D. Major new highways, freeways, and railways shall be located outside shoreline jurisdiction, except where a river crossing is required. These roads shall cross shoreline areas and rivers by the shortest, most direct route, unless this route would cause more damage to the environment.

E. New transportation facilities shall be located and designed to minimize or prevent the need for shoreline modification.

F. All bridges must be built high enough to allow the passage of debris and provide three feet of clearance above the 100-year floodplain.

G. Shoreline transportation facilities shall be sited and designed to avoid steep or unstable areas and fit the existing topography in order to minimize cuts and fills.

H. Cut and fill slopes shall be designed at the normal angle of repose or less.

I. Cut and fill and sidecast slopes shall be protected from erosion by mulching, seeding, compacting, riprapping, benching, or other suitable means.

J. Bridge abutments and necessary approach fills shall be located landward of the floodway, except bridge piers may be permitted in a water body as a conditional use.

K. Transportation Environment Specific Regulation.

1. Shoreline Residential and Urban. Transportation development is a permitted use; provided, that transportation development located waterward of the ordinary high water mark may be permitted as a conditional use.

2. Urban Conservancy. Transportation development may be permitted as a conditional use. (Ord. 2089 § 5 (part), 2004)

16.20.250 Utilities.

A. Applications for the installation of utility facilities shall include the following:

1. Description of the proposed facilities;

2. Reasons why the utility facility requires a shoreline location;

3. Alternative locations considered and reasons for their elimination;

4. Location of other utility facilities in the vicinity of the proposed project and any plans to include the other types of utilities in the project;

5. Plans for reclamation of areas disturbed both during construction and following decommissioning and/or completion of the useful life of the utility;

6. Plans for control of erosion and turbidity during construction and operation; and

7. Identification of any possibility for locating the proposed facility at another existing utility facility site or within an existing utility right-of-way.

B. Utility development shall, through coordination with local government agencies, provide for compatible, multiple use of sites and rights-of-way.

C. Utility development shall include public access to the shoreline, trail systems, and other forms of recreation, providing such uses will not unduly interfere with utility operations, endanger the public health, safety, and welfare, or create a significant and disproportionate liability for the owner.

D. Proposals for new utility corridors or river crossings shall fully substantiate the infeasibility of existing routes.

E. Existing solid waste disposal and transfer facilities within shoreline jurisdiction shall be expeditiously phased out and rehabilitated.

F. The following utility facilities, which are not essentially water-dependent, may be permitted as a conditional use if it can be shown that no reasonable alternative exists.

1. Water system treatment plants;

2. Sewage system line, interceptors, pump stations, and treatment plants;

3. Electrical energy generating plants (except for instream structures), substations, lines, and cables;

4. Petroleum and natural gas transmission pipelines.

G. New solid waste disposal sites and facilities are prohibited.

H. New utility lines including electrical distribution, communications, and fuel lines shall be located underground, whenever feasible.

I. Transmission and distribution facilities shall cross areas of shoreline jurisdiction by the shortest most direct route feasible, unless such route would cause significant environmental damage.

J. Utility facilities requiring withdrawal of water from streams or rivers shall be located only where minimum flows, as established by the Washington State Department of Fish and Wildlife, can be maintained.

K. Utility developments shall be located and designated so as to avoid the use of any structural or artificial shore modification works whenever feasible.

L. Water lines shall be completely buried under the riverbed in all river crossings except where such lines may be affixed to a bridge structure and except for appropriate water or sewage treatment plant intake pipes or outfalls.

M. All underwater pipelines transporting liquids intrinsically harmful to aquatic life or potentially injurious to water quality are prohibited, unless no other alternative exists. In those instances where no other alternative exists, the use may be permitted as a conditional use. However, automatic shut-off valves shall be provided on both sides of the water body.

N. Construction of utilities underwater or in adjacent wetlands shall be timed to avoid fish and wildlife migratory and spawning periods.

O. Utility Environment Specific Regulations.

1. Shoreline Residential and Urban. Landward of the ordinary high water mark, utilities may be permitted. Waterward of the ordinary high water mark, utilities may be permitted as a conditional use, provided it can be demonstrated that no other reasonable alternative location exists.

2. Urban Conservancy. Utilities may be permitted as a conditional use, provided it can be demonstrated that no other reasonable alternative location exists. (Ord. 2089 § 5 (part), 2004)

16.20.260 Stormwater management facilities.

A. Applications for the installation of stormwater management facilities shall include the following:

1. Description of the proposed stormwater facilities;

2. Reasons why the stormwater facility requires a shoreline location;

3. Alternative locations considered and reasons for their elimination;

4. Location of other stormwater facilities in the vicinity of the proposed project and any plans to provide for consolidation of area-wide stormwater facilities that would reduce demand on shoreline locations;

5. Plans for reclamation of areas disturbed during construction;

6. Plans for temporary sediment and erosion control during construction and operation;

7. Identification of any possibility for locating the proposed stormwater facility at another existing site or within an existing stormwater facility;

8. A mitigation and monitoring plan per the requirements of SMC 16.16.060.

B. New stormwater facilities shall be located so as not to require any shoreline protection works.

C. Stormwater facilities shall not be located in the riparian management zone.

D. Stormwater facility development shall include public access to the shoreline, trail systems, and other forms of recreation, providing such uses will not unduly interfere with stormwater facility operations, endanger the public health, safety, and welfare, or create a significant and disproportionate liability for the owner.

E. Construction of stormwater facilities in shoreland areas or in adjacent wetlands shall be timed to avoid fish and wildlife migratory and spawning periods. (Ord. 2089 § 5 (part), 2004)

16.20.265 Stormwater management facilities environment specific regulations.

A. Urban Conservancy, Shoreline Residential, and Urban. Stormwater management facilities may be permitted as a conditional use, provided it can be demonstrated that no other reasonable alternative location exists. In any case, stormwater management facilities shall not be located within the riparian management zone. (Ord. 2089 § 5 (part), 2004)