Chapter 16.58
SHORELINE PERMITS

Sections:

16.58.010    General provisions.

16.58.020    Shoreline exemptions.

16.58.030    Shoreline substantial development permits.

16.58.040    Shoreline conditional use permit criteria.

16.58.050    Shoreline variance.

16.58.060    Revisions to permits.

16.58.070    Permit decisions.

16.58.080    Notice of permit decision.

16.58.090    Filing the permit decisions with the state.

16.58.100    Appeals.

16.58.110    Other approvals.

16.58.120    Application materials.

16.58.010 General provisions.

The requirements for shoreline permits shall be in accordance with Chapter 173-27 WAC and as administered by the city of Bonney Lake. Applicants should inquire to the shoreline administrator for permit application requirements. (Ord. 1491 § 17, 2014).

16.58.020 Shoreline exemptions.

A. Only the developments and activities listed in RCW 90.58.147, 90.58.355 and 90.58.515 and WAC 173-27-040(2) and 173-27-045 as presently constituted or as may be subsequently amended shall be exempt from the requirement to obtain a shoreline substantial development permit.

B. Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted an exemption.

C. Unless specifically exempted by statute, all proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW, the Shoreline Management Act and this master program whether or not a permit is required.

D. A development activity or use that is listed as a conditional use pursuant to BLMC 16.50.020 shall obtain a conditional use permit even if the development is exempt from a shoreline substantial development permit.

E. Developments that do not comply with the bulk, dimensional and performance standards of the shoreline code must obtain shoreline variance, even if the development is exempt from a shoreline substantial development permit.

F. If any part of a proposed development is not eligible for exemption, then a permit is required for the entire proposed development project.

G. Developments cannot be submitted in a piecemeal fashion to avoid the requirement for a substantial development permit.

H. Applicants shall obtain a written letter of exemption from the shoreline administrator prior to commencing with exempted activity. The burden of proof that a development or use is exempt from the permit process is on the applicant.

I. The shoreline administrator shall prepare a statement of exemption which shall include the following:

1. Identification of the specific exemption provision(s) that is being granted.

2. A summary of the analysis demonstrating consistency of the project with the SMP and the SMA.

3. Conditions of approval determined to be necessary by the shoreline administrator to assure that the project is consistent with the SMP and SMA.

J. Copies of the statement of exemption shall be provided to the Department of Ecology. (Ord. 1491 § 17, 2014).

16.58.030 Shoreline substantial development permits.

Shoreline substantial development permits may be granted provided the applicant can demonstrate that the proposal complies with the:

A. Goals, policies and regulations established by the SMP; and

B. Bonney Lake comprehensive plan and municipal code; and

C. The policies, guidelines, and regulations of the SMA (Chapter 90.58 RCW and Chapters 173-26 and 173-27 WAC). (Ord. 1491 § 17, 2014).

16.58.040 Shoreline conditional use permit criteria.

A. Shoreline conditional use permits may be granted provided the applicant can satisfy the following criteria:

1. That the proposed use is consistent with the policies of RCW 90.58.020 and the SMP;

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

3. That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program;

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

5. That the public interest suffers no substantial detrimental effect; and

6. Demonstration that if similar conditional use permits were granted for other developments in the area where similar circumstances exist, the total cumulative impacts of all of the similar conditional uses shall remain consistent with the policies of RCW 90.58.020 and the SMP and shall not produce substantial adverse effects to the shoreline environment.

B. Shoreline uses which are specifically prohibited by the SMP may not be authorized pursuant to a shoreline conditional use permit.

C. Shoreline uses and modifications not specifically identified in the SMP, for which policies and specific regulations have not been developed, shall be evaluated on a case-by-case basis and shall be required to obtain a shoreline conditional use permit. (Ord. 1491 § 17, 2014).

16.58.050 Shoreline variance.

A. The purpose of a variance permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in the SMP where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict implementation of the SMP will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020.

B. Variances from the use regulations of this SMP are prohibited.

C. Shoreline variance permits may be authorized, provided the applicant can satisfy all of the following criteria for granting shoreline variances:

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

2. That the hardship described in subsection (C)(1) of this section is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program, and not, for example, from deed restrictions or the applicant’s own actions;

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

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

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

6. That the public interest will suffer no substantial detrimental effect; and

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

D. Variance permits for development and/or uses that will be located waterward of the ordinary high water mark (OHWM) or within any wetland may be authorized provided the applicant can demonstrate all of the following:

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

2. That the proposal is consistent with the criteria established in subsections (C)(1) through (7) of this section; and

3. That the public rights of navigation and use of the shorelines will not be adversely affected. (Ord. 1491 § 17, 2014).

16.58.060 Revisions to permits.

A. When an applicant seeks to revise a shoreline permit, the applicant shall provide detailed plans and text describing the proposed changes in the permit.

B. Revisions to an approved shoreline exemption or shoreline substantial development permit are reviewed by the shoreline administrator.

C. Revisions to an approved shoreline conditional use permit or shoreline variance are reviewed by the hearing examiner.

D. Revisions to an approved shoreline permit may be approved, if the revisions are within the scope and intent of the original permit as defined below:

1. No additional over-water construction is involved, except that pier, dock, or float associated with providing public access or a single-family residence may be increased by 10 percent from the provisions of the original permit.

2. Lot coverage and height may be increased a maximum of 10 percent from provisions of the original permit, subject to the following limitations:

a. Revisions involving new structures not shown on the original site plan shall require a new permit.

b. The revised permit does not authorize development to exceed the lot coverage and/or height requirements established by the shoreline code, except as authorized under a variance granted as the original permit or a part thereof.

3. The revised permit does not authorize development to exceed any of the development standards established by the shoreline code except as authorized under a variance granted as the original permit or a part thereof.

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

5. The use authorized pursuant to the original permit is not changed.

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

7. The use authorized pursuant to the original permit is not changed.

E. If the revision, or the sum of the revision and any previously approved revisions, does not comply with the criteria of BLMC 16.58.070(B), the applicant shall apply for a new shoreline permit, as appropriate, in the manner provided for in the SMP.

F. If the revision to the original permit involves a shoreline conditional use permit or shoreline variance, the shoreline administrator shall submit the revision to the DOE, for DOE’s approval, approval with conditions, or denial, and shall indicate that the revision is being submitted under the requirements of this subsection. Local government shall notify parties of record of the department’s final decision.

G. Revisions to a shoreline permit are effective as provided below:

1. The shoreline administrator’s decision to approve or deny a revision to a shoreline substantial development permit is effective immediately. Appeals of the shoreline administrator’s decision on the requested revision must be filed with the Shorelines Hearings Board within 21 days of the effective date of the decision.

2. The shoreline administrator’s decision to approve or deny a revision to a shoreline conditional use permit and/or shoreline variance is effective upon DOE’s decision to approve or deny the requested revision.

3. Construction undertaken pursuant to that portion of a revised permit not authorized under the original permit is at the applicant’s own risk until the expiration of the appeals deadline. (Ord. 1491 § 17, 2014).

16.58.070 Permit decisions.

A. The decision to either or deny or approve a shoreline permit or a revision to a shoreline permit shall be based on the information provided in the application and entered into the record.

B. A written decision shall be issued either approving or denying a shoreline permit or a revision to a shoreline permit containing the following:

1. Findings and conclusions that establish the basis for the decision including but not limited to identification of shoreline environment designation, applicable master program policies and regulations.

2. An analysis applicable explaining how the proposal is or is not consistent with the applicable review criteria.

3. Conditions of approval determined to be necessary to assure that the project is consistent with the SMP and SMA. (Ord. 1491 § 17, 2014).

16.58.080 Notice of permit decision.

A. Within eight days of the decision to approve or deny a shoreline permit, the shoreline administrator shall provide copies of the written decision to applicant, all parties of record, and individuals that requested a copy of the decision.

B. All shoreline permit decisions which contain conditions of approval shall be recorded with the Pierce County auditor as a condition running in perpetuity with the land. (Ord. 1491 § 17, 2014).

16.58.090 Filing the permit decisions with the state.

Within eight days of the decision to approve or deny a shoreline permit, the shoreline administrator shall file the following with the Department of Ecology and the Attorney General:

A. A copy of the complete application;

B. The final decision of the shoreline administrator or the hearing examiner;

C. The permit transfer form provided in Appendix A to WAC 173-27-990;

D. Where applicable, local government shall also file the applicable documents required by Chapter 43.21C RCW, the State Environmental Policy Act, or in lieu thereof, a statement summarizing the actions and dates of such actions taken under Chapter 43.21C RCW;

E. Affidavit of public notice; and

F. When the project has been modified in the course of the local review process, plans or text shall be provided to the department that clearly indicate the final approved plan. (Ord. 1491 § 17, 2014).

16.58.100 Appeals.

A. The decision to approve or deny a shoreline permit may be appealed as provided below:

1. All appeals are governed by the procedures established in RCW 90.58.180.

2. Appeals of decisions related to the revision of a shoreline substantial development permit must be made to the Shorelines Hearings Board within 21 days of the date of filling.

3. Appeals of decisions related to a shoreline conditional use permit and/or shoreline variance must be made to the Shorelines Hearings Board within 21 days of the date of DOE’s decision to either approve or deny the conditional use permit and/or shoreline variance.

B. The decision to approve or deny a revision to shoreline permit may be appealed as provided below:

1. All appeals are governed by the procedures established in RCW 90.58.180.

2. Appeals of decisions related to the revision of a shoreline substantial development permit must be made to the Shorelines Hearings Board within 21 days of the date of filing.

3. Appeals of decisions related to the revision of a shoreline conditional use permit or shoreline variance must be made to the Shorelines Hearings Board within 21 days of the date of DOE’s decision to either approve or deny the revision.

4. Appeals shall be based only upon contentions of noncompliance with the provisions of BLMC 16.58.070(B).

5. If an appeal is successful in proving that a revision is not within the scope and intent of the original permit, the decision shall have no bearing on the original permit. (Ord. 1491 § 17, 2014).

16.58.110 Other approvals.

A. Work at or waterward of the OHWM may require permits or approvals from one or more of the following state and federal agencies: U.S. Army Corps of Engineers, Washington Department of Fish and Wildlife, Washington Department of Natural Resources, or Washington Department of Ecology. Documentation verifying necessary state and federal agency approvals must be submitted to the city prior to issuance of a building permit.

B. All developments below the 545 elevation line along Lake Tapps require the issuance of the license from the Cascade Water Alliance. Documentation verifying that the applicant has obtained the required license must be submitted to the city prior to issuance of a building permit. (Ord. 1491 § 17, 2014).

16.58.120 Application materials.

A. The owner of the subject property or the authorized agent(s) of the owner is encouraged to have a preapplication meeting with the city to determine if and what type of shoreline permit(s) is required for the proposed development or use.

B. All requests for substantial development permits, conditional use permits and variances shall, at a minimum, contain the following information and diagrams:

1. Completed JARPA form.

2. Written Justification. The applicant shall submit a written justification explaining how the development and/or use complies with the criteria established for the requested permit. In preparing the justification statement, the applicant must restate the criteria and provide the corresponding answer directly below each of the criteria.

3. All shoreline substantial development permits, conditional use permits and variances require a SEPA review in conjunction with the review of the underlying application.

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

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

b. The OHWM of all water bodies located adjacent to or within the boundary of the project. Where the ordinary high water mark is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the nearest ordinary high water mark of a shoreline. For projects adjacent to the Lake Tapps reservoir, the OHWM shall be identified.

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

d. The approximate location of trees over 4.5 DBH, their size (DBH) and their species, along with the location of existing structures, driveways, access ways and easements and the proposed improvements.

5. A report from a qualified arborist stating the size (DBH), species, and assessment of health of all identified trees located within the vegetative buffer. This requirement may be waived by the planning official if it is determined that proposed development activity will not impact significant trees within the vegetation conservation area regulated by BLMC 16.56.060.

C. All requests for a shoreline exemption shall be made using a JARPA accompanied by a letter identifying which exemption(s) is requested by the applicant and a simple site plan illustrating the location of the existing structure(s) and shoreline modification(s) and the proposed structure(s) and shoreline modification(s). (Ord. 1491 § 17, 2014).