Chapter 16.36


16.36.010    Applicability.

16.36.020    Abbreviation list.

16.36.030    Adoption by reference.

16.36.040    “A.”

16.36.050    “B.”

16.36.060    “C.”

16.36.070    “D.”

16.36.080    “E.”

16.36.090    “F.”

16.36.100    “G.”

16.36.110    “H.”

16.36.120    “I.”

16.36.130    “J.”

16.36.140    “K.”

16.36.150    “L.”

16.36.160    “M.”

16.36.170    “N.”

16.36.180    “O.”

16.36.190    “P.”

16.36.200    “Q.”

16.36.210    “R.”

16.36.220    “S.”

16.36.230    “T.”

16.36.240    “U.”

16.36.250    “V.”

16.36.260    “W.”

16.36.270    “X.”

16.36.280    “Y.”

16.36.290    “Z.”

16.36.010 Applicability.

For the purposes of shoreline code the following terms shall have the meaning ascribed to them below. Terms not defined in this section shall be defined as set forth in Chapter 18.04 BLMC. (Ord. 1491 § 6, 2014).

16.36.020 Abbreviation list.

“BLMC” means Bonney Lake Municipal Code in effect on September 23, 2014.

“BMP” means best management practice.

“DBH” means diameter at breast height.

“DOE” means Washington State Department of Ecology.

“EIS” means environmental impact statement.

“LID” means low impact development.

“OHWM” means ordinary high water mark.

“RCW” means Revised Code of Washington.

“SED” means shoreline environment designation.

“SEPA” means State Environmental Policy Act, Chapter 43.21C RCW, as amended.

“SHB” means Shorelines Hearings Board.

“SMA” means Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended.

“SMP” means shoreline master program adopted by the city of Bonney Lake and approved by the Department of Ecology.

“WAC” means Washington Administrative Code. (Amended during 10/14 supplement; Ord. 1491 § 6, 2014).

16.36.030 Adoption by reference.

A. The following definitions established by RCW 90.58.030 are adopted by reference as presently constituted or as may be subsequently amended:

1. Development.

2. Guidelines.

3. Hearings board.

4. Person.

5. Floodway.

6. Ordinary high water mark.

7. Shorelands.

8. Shoreland areas.

9. Shorelines.

10. Shorelines of statewide significance.

11. Shorelines of the state.

12. Substantial development.

13. Wetlands.

B. The following definitions established by WAC 173-26-020 are adopted by reference as presently constituted or as may be subsequently amended:

1. Act.

2. Agricultural activities.

3. Amendment.

4. Approval.

5. Aquaculture.

6. Critical areas.

7. Development regulations.

8. Document of record.

9. Ecological functions.

10. Ecological restoration.

11. Ecosystem-wide processes.

12. Feasible.

13. Fill.

14. Floodplain.

15. Geotechnical report.

16. Geotechnical.

17. Grading.

18. Guidelines.

19. Must.

20. Nonwater-oriented.

21. Priority habitat.

22. Priority species.

23. Provisions.

24. Restore.

25. Restoration.

26. Shall.

27. Shoreline areas.

28. Shoreline jurisdiction.

29. Shoreline modifications.

30. Should.

31. Significant vegetation removal.

32. Substantially degrade.

33. Water-dependent use.

34. Water-enjoyment use.

35. Water-oriented use.

36. Water quality.

37. Water-related use.

C. The following definitions established by WAC 173-27-030 are adopted by reference as presently constituted or as may be subsequently amended:

1. Average grade level.

2. Conditional use.

3. Development.

4. Exempt.

5. Fair market value.

6. Height.

7. Natural or existing topography.

8. Public interest.

9. Structure.

10. Variance.

11. Vessel. (Ord. 1491 § 6, 2014).

16.36.040 “A.”

“Accessory dwelling unit” means a second dwelling unit either in or added to an existing detached dwelling, or in a separate structure on the same lot as the primary dwelling for use as a complete, independent living facility with provision within the accessory unit for cooking, eating, sanitation, sleeping and entry separate from that of the main dwelling. Such a dwelling is an accessory use to the main dwelling.

“Accessory use” means any structure or use incidental and subordinate to a primary use or development on the same site.

“Accessory utilities” means on-site utility features serving a primary use providing water, sewer, gas, communication, telephone, cable, and electricity.

“Adverse impact” means measurable negative effects which diminish or detract from a stated objective, including human health, safety and welfare and environmental quality.

“Appurtenance” means a structure or development which is common and necessarily connected to the use and enjoyment of a detached dwelling structure including but not limited to the development or structures listed under WAC 173-27-040, sheds, greenhouses, and hot tubs landward of the OHWM and the perimeter of a wetland.

“Aquatic” means those areas waterward of the OHWM.

“Associated wetlands” means wetlands that are in proximity to and either influence, or are influenced by, tidal waters or a lake or stream subject to the Shoreline Management Act. (Ord. 1633 § 3, 2020; Ord. 1491 § 6, 2014).

16.36.050 “B.”

“Bioengineering” means project designs or construction methods that use live woody vegetation or a combination of live woody vegetation and specially developed natural or synthetic materials to establish a complex root grid within the existing bank that is resistant to erosion, provides bank stability, and maintains a healthy riparian environment with habitat features important to fish life. Use of wood structures or limited use of clean angular rock may be allowable to provide stability for establishment of the vegetation.

“Boat lift” means lifts for motorized boats, kayaks, canoes and Jet Skis including floating lifts that are designed to not contact the substrate of the lake; ground-based lifts that are designed to be in contact with or supported by the substrate of the lake; and suspended lifts that are designed to be affixed to the existing over-water structure with no parts contacting the substrate.

“Boat ramp” means graded slopes, slabs, pads, or planks used for launching boats by means of a trailer, hand, or mechanical device.

“Boathouse” means a structure designed for the storage of boats or water-related recreational equipment, but not including boat lift canopies.

“Boating facilities” means a facility or structure providing access in and out of the water for vessels, such as boat ramps, marinas, piers, docks, and boat lifts. For purposes of the SMP, boating facilities excludes docks serving four or fewer single-family residences.

“Buffer or buffer area” means vegetative areas that are contiguous to and protect a critical area and are required for continued maintenance, functioning, and/or structural stability of a critical area.

“Bulkhead” means a solid wall erected generally parallel to and near the OHWM for the purpose of protecting adjacent uplands from waves, floods, or current action.

“Buoy” means an anchored float for the purpose of mooring vessels. (Ord. 1633 § 4, 2020; Ord. 1491 § 6, 2014).

16.36.060 “C.”

“City” means the city of Bonney Lake, Washington.

“Clearing” means the destruction or removal of vegetation groundcover, shrubs and trees including root material removal and topsoil removal by physical, mechanical, chemical, or other means.

“Commercial use” means uses are those that sell goods and/or services directly to the consumer.

“Covered moorage” means boat moorage waterward of the OHWM, with or without walls, that has a rigid roof to protect the vessel.

“Critical areas code” means the city of Bonney Lake’s critical areas code codified in Chapters 16.20 through 16.30 BLMC adopted by Ordinance Numbers 1070 (2004), 1189 (2006), 1252 (2007), 1301 (2009), 1325 (2009), 1491 (2014), 1523 (2015), and 1615 (2019). (Ord. 1633 § 5, 2020; Ord. 1523 § 9, 2015; Ord. 1491 § 6, 2014).

16.36.070 “D.”

“Date of filing” means the date of actual receipt by DOE of a local government’s final decision involving approval or denial of a substantial development permit, shoreline conditional use permit, and/or shoreline variance.

“Detached dwelling unit” means a dwelling unit that is not attached or physically connected to any other dwelling unit (other than an accessory dwelling unit) or other use, is located on a single lot, and provides permanent provisions for cooking, eating, sanitation, and sleeping.

“Dike” means a manmade earthen embankment utilized for the purpose of flood control, water impoundment projects, or settling basins.

“Dock” means an over-water structure which abuts the shoreline consisting of piers and/or floats.

“Dredging” means the removal, displacement, or disposal of unconsolidated earth material such as sand, silt, gravel, or other submerged materials, from the bottom of water bodies or natural wetlands; maintenance dredging and/or support activities are included in this definition.

“Duplex” means a single structure containing two separate dwelling units, located on a single lot providing permanent provisions for cooking, eating, sanitation, and sleeping, where neither unit is an accessory dwelling unit. (Ord. 1633 § 6, 2020; Ord. 1491 § 6, 2014).

16.36.080 “E.”

“Enhancement” means alteration of an existing resource to improve or increase its characteristics, functions, or processes without degrading other existing ecological functions. (Ord. 1633 § 7, 2020; Ord. 1491 § 6, 2014).

16.36.090 “F.”

“Fetch” means the perpendicular distance measure across a water body in a straight line from the OHWM to the OHWM of the opposite shoreline.

“Float” means a structure that floats on the surface of the water that is attached to a pier or dock but not directly to the shore. Floats may be anchored to submerged land.

“Forest practices” means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber subject to the requirements of Chapter 76.09 RCW and WAC Title 222. (Ord. 1633 § 8, 2020; Ord. 1491 § 6, 2014).

16.36.100 “G.”

“Gabions” means structures composed of masses of rocks or rubble held tightly together by wire mesh so as to form upright blocks or walls primarily used to retain earth or to retard erosion or wave action.

“Geologically hazardous areas” means landslide, erosion and seismic hazardous areas as defined in WAC 365-190-080(4).

“Grading” means the movement, excavation, or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that either permanently or temporarily alters the natural contour of the land. (Ord. 1633 § 9, 2020; Ord. 1491 § 6, 2014).

16.36.110 “H.”

“Habitat” means the place or type of site where a plant or animal naturally or normally lives and grows.

“Hard structural shoreline stabilization” means shore erosion control practices using hardened structures that armor and stabilize the shoreline from further erosion caused by natural processes, such as current, flood, wind, or wave action. Hard structural shoreline stabilization typically uses concrete, boulders, dimensional lumber or other materials to construct linear, vertical or near-vertical faces that are located at or waterward of ordinary high water.

“Hazard tree” means a tree that meets all the following criteria:

1. A tree with a high probability of falling due to a debilitating disease, a structural defect, a root ball more than 50 percent exposed, or having been exposed to windthrow within the past 10 years;

2. A residence or residential accessory structure is within a tree length of the base of the trunk;

3. Is in proximity to moderate to high frequency targets (persons or property that can be damaged by tree failure); and

4. The hazard condition of the tree cannot be lessened with reasonable and proper arboricultural practices nor can the target be removed.

“High intensity recreational activities” means nonwater-oriented recreational development such as basketball and tennis courts, baseball and soccer fields, and skate parks.

“Houseboat” means a structure designed and operated substantially as a permanently based over-water residence. Houseboats are not vessels and lack adequate self-propulsion and steering equipment to operate as a vessel. They are typically served by permanent utilities and semi-permanent anchorage/moorage facilities.

“Hydrological” means the science related to the waters of the earth including surface and groundwater movement, evaporation and precipitation.

“Hydrological functions” means water movement, storage, flow variability, channel movement and reconfiguration, recruitment and transport of sediment and large wood, and nutrient and pollutant transport, removal and deposition. (Ord. 1491 § 6, 2014).

16.36.120 “I.”

“Impervious surface” means a hard surface that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, and packed earthen materials.

“In-stream structure” means a structure placed by humans within a stream or river waterward of the OHWM that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures may include structures built for the purpose of hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat enhancement, or other purpose.

“Industrial uses” means uses such as manufacturing, assembly, processing, wholesaling, warehousing, distribution of products and high technology. (Ord. 1633 § 10, 2020; Ord. 1491 § 6, 2014).

16.36.130 “J.”

Reserved. (Ord. 1491 § 6, 2014).

16.36.140 “K.”

Reserved. (Ord. 1491 § 6, 2014).

16.36.150 “L.”

“Land division” means the division of land by either short subdivisions or subdivisions into lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.

“Launching rails” means a railway-type boat launch consisting of a pair of tracks extending from the upland down to the beach.

“Levee” means a manmade earthen embankment utilized for the purpose of flood control, water impoundment projects, or settling basins.

“Low impact development” means a set of techniques that mimic natural watershed hydrology by slowing, evaporating/transpiring, and filtering water that allows water to soak into the ground closer to its source. To be considered low impact development, the development shall meet at least one or more of the following objectives:

1. Preservation of natural hydrology.

2. Reduction of impervious surfaces.

3. Treatment of stormwater in numerous small, decentralized structures.

4. Use of natural topography for drainage ways and storage areas.

5. Preservation of portions of the site in undisturbed, natural conditions.

6. Reduction of the use of piped systems. Whenever feasible, site design should use multifunctional open drainage systems such as vegetated swales or filter strips that also help to fulfill vegetation and open space requirements.

7. Use of environmentally sensitive site design and green building construction that reduces runoff from structures, such as green roofs. (Ord. 1633 § 11, 2020; Ord. 1491 § 6, 2014).

16.36.160 “M.”

“Marina” means a private or public facility with the primary purpose of storing, berthing and securing motorized boats or watercraft, including both long-term and transient moorage. Marinas may include accessory facilities for providing incidental services to users of the marina, such as waste collection, boat sales or rental activities, and retail establishments providing fuel service, repair or service of boats.

“Mining” means the removal of sand, gravel, soil, minerals, and other earth materials for commercial use.

“Moorage buoy” means a floating object, sometimes carrying a signal or signals, anchored to provide a mooring place away from the shore.

“Moorage facility” means a pier, dock, marina, buoy or other structure providing docking or moorage space for boats.

“Moorage pile” means a permanent mooring generally located in open waters in which the vessel is tied up to a vertical column to prevent it from swinging with change of wind.

“Multifamily residence” means a building containing three or more dwelling units providing permanent provisions for cooking, eating, sanitation, sleeping and separate entry within each unit. (Ord. 1633 § 12, 2020; Ord. 1491 § 6, 2014).

16.36.170 “N.”

“Native vegetation” means plant species indigenous to the Puget Sound region.

“Nonconforming development” means a shoreline structure or modification which was lawfully constructed, but no longer conforms to the current SMP’s regulations, such as bulk, dimensional, or performance standards.

“Nonconforming use” means a shoreline use which was lawfully established prior to the effective date of the SMP, and which no longer conforms to the SMP.

“Nonstructural shoreline stabilization measures” means shore erosion control practices such as placing the primary structure farther from the shoreline, planting vegetation, and low impact development measures to prevent or lessen erosion caused by natural processes, such as current, flood, wind, or wave action.

“Nonwater-oriented uses” means those uses that are not water-dependent, water-related, or water-enjoyment.

“Nuisance tree” means a tree that meets either of the following criteria:

1. Is causing obvious physical damage to private or public structures, including but not limited to: sidewalk, curb, road, driveway, parking lot, building foundation, or roof; or

2. Has sustained damage from past maintenance practices. The problems associated with the tree must be such that they cannot be corrected by reasonable practices including but not limited to: pruning of the crown or roots of the tree, bracing, and/or cabling to reconstruct a healthy crown. (Ord. 1633 § 13, 2020; Ord. 1491 § 6, 2014).

16.36.180 “O.”

“Over-water structure” means structures that are built or extend over the water. (Ord. 1491 § 6, 2014).

16.36.190 “P.”

“Permitted uses” means uses that are allowed by the SMP consistent with the policies, goals, and regulations found within the SMP and any other applicable regulations of the city or state.

“Pervious surfaces” means surfaces that allow water to pass through at rates similar to predeveloped conditions which include, but are not limited to: pervious asphalt, pervious concrete, pervious gravel, grass or pervious pavers.

“Pier” means a structure built over the water and supported by piles for water-enjoyment and water-dependent recreation uses.

“Pile” means a fixed pole set in the substrate and extending above the water line.

“Primary structure” means a structure containing the main or principal use on the lot.

“Public access” means the ability of the general public to reach, touch, and enjoy the water’s edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. (Ord. 1633 § 14, 2020; Ord. 1491 § 6, 2014).

16.36.200 “Q.”

“Qualified arborist” means an individual with relevant education and training in arboriculture or urban forestry, having two or more of the following credentials:

1. International Society of Arboriculture (ISA) certified arborist;

2. Tree risk assessor certification (TRACE) as established by the Pacific Northwest Chapter of ISA (or equivalent);

3. American Society of Consulting Arborists (ASCA) registered consulting arborist;

4. Society of American Foresters (SAF) certified forester for forest management plans.

“Qualified professional” means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise related to ecological functions. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering environmental studies, fisheries, geomorphology, or related field, and two years of related work experience. (Ord. 1491 § 6, 2014).

16.36.210 “R.”

“Recreational lake level” means the water surface level of Lake Tapps that is the minimum needed to be used for recreational purposes, which is when the surface water level is at least 541.5 feet above sea level as determined by CWA.

“Recreational use” means commercial, public, and semi-public facilities designed and used to provide water-oriented and nonwater-oriented recreational opportunities.

“Residential uses” means detached dwelling units, accessory dwelling units, duplexes, multifamily residences, and the divisions of land for future residential uses and development.

“Revetment” means facing of stone, concrete, etc., built to protect a scarp, embankment, or shore structure against erosion by waves or currents.

“Riprap” means a layer, facing, or protective mound of stones placed to prevent erosion, scour, or sloughing of a structure or embankment; also, the stone so used. (Ord. 1633 § 15, 2020; Ord. 1491 § 6, 2014).

16.36.220 “S.”

“Setback” means open space unoccupied and unobstructed from the ground upward measured from an established property line or point of reference (like the OHWM).

“Shoreline administrator” means the city of Bonney Lake planning and building supervisor or designee charged with the responsibility of administering the SMP.

“Shoreline environment designation” means the categories of shorelines established to provide a uniform basis for applying policies and use regulations within distinctively different shoreline areas.

“Shoreline frontage” means the width of lot measured at right angles adjacent to the OHWM.

“Shoreline functions” means ecological functions as defined in WAC 173-26-020.

“Shoreline permit” means a shoreline exemption, shoreline substantial development permit, shoreline conditional use permit, and/or shoreline variance.

“Shoreline setback” means the distance measured in feet on a horizontal plane that a structure or improvement must be located landward as measured from the OHWM.

“Significant tree” means any healthy tree that is at least six inches in diameter measured at four and one-half feet from the ground (diameter at breast height).

Single-Family Residence. See “detached dwelling unit.”

“Skirting” means vertical boards along the edge of a pier or dock extending downward.

“Soft structural shoreline stabilization measures” means shore erosion control that contributes to the restoration, protection or enhancement of shoreline ecological functions while preventing or lessening shoreline erosion caused by natural processes, such as current, flood, wind, or wave action. Soft shoreline stabilization typically includes a mix of gravels, cobbles, boulders, logs and native vegetation placed to provide shore stability in a nonlinear, sloping arrangement. (Ord. 1633 § 16, 2020; Ord. 1491 § 6, 2014).

16.36.230 “T.”

Reserved. (Ord. 1491 § 6, 2014).

16.36.240 “U.”

“Upland” means the area landward of the OHWM.

“Utility” means services, facilities and infrastructure that produce, transmit, carry, store, process or dispose of electric power, gas, water, sewage, communications, oil, storm water, and similar services and facilities.

“Utility production and processing facilities” means facilities for the making or treatment of a utility, such as power plants and sewage treatment plants or parts of those facilities.

“Utility transmission facilities” means infrastructure and facilities for the conveyance of services, such as power lines, cables, pipelines, conduits, cables, meters, vaults, and similar infrastructure. (Ord. 1491 § 6, 2014).

16.36.250 “V.”

“Visual access” means public’s opportunity to enjoy the aesthetic qualities of the shorelines of the state. (Ord. 1491 § 6, 2014).

16.36.260 “W.”

Reserved. (Ord. 1491 § 6, 2014).

16.36.270 “X.”

Reserved. (Ord. 1491 § 6, 2014).

16.36.280 “Y.”

Reserved. (Ord. 1491 § 6, 2014).

16.36.290 “Z.”

“Zoning” means the system of land use and development regulations and related provisions codified in BLMC Title 18. (Ord. 1491 § 6, 2014).