Chapter 16.16


16.16.010    Generally.

16.16.020    Shoreline use element.

16.16.030    Residential element.

16.16.040    Conservation element.

16.16.050    Public access element.

16.16.060    Recreation element.

16.16.070    Circulation element.

16.16.080    Historical/cultural element.

16.16.090    Economic development element.

16.16.100    Shoreline restoration.

16.16.110    Utilities.

16.16.010 Generally.

(1) The Shoreline Management Act of 1971 identifies seven land and water use elements to be addressed in the development of area-wide shoreline goals. They include: economic development, public access, circulation, recreation, shoreline use, conservation, and historical/cultural. Master programs are also encouraged to include any other elements which, because of present uses or future needs, are deemed appropriate to effectuate the policy of the Act. Therefore, because of the predominantly residential nature of Normandy Park, a residential element has been incorporated.

(2) The following comprehensive set of shoreline goals provides the foundation and framework on which the balance of the master program has been developed. Citizens, administration, and governmental officials of the city have established the following goals and associated objectives and policies which reflect the level of achievement believed to be desirable for all city shoreline uses, needs, and developments. They have also established program policies commensurate with the intent and objectives of the Shoreline Management Act. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.16.020 Shoreline use element.

This element addresses the distribution, location, and extent:

(1) The use of shorelines and adjacent areas for housing, transportation, public buildings, utilities, education, and natural resources;

(2) The use of the water for aquaculture, recreation, and transportation; and

(3) The use of the water, shoreline, and uplands for categories of land and water uses and activities not specified in this master program.

Goal: Preserve or develop shorelines in a manner that assures shoreline uses with minimal adverse effect on the quality of the environment. Also, consider the goals, objectives, and policies within this shoreline master program in all land use management actions regarding the use or development of adjacent uplands and all streambeds within the city’s jurisdiction where such use or development may have an adverse effect on shorelines.

Objective: Provide for the clustering of like water-related and water-dependent shoreline uses.

Policy 1. Unique and fragile areas of the shoreline shall be protected from uses or activities that may have an adverse effect on the land or water environment.

Policy 2. Nonresidential uses or activities designed for water-related and water-enjoyment uses (which are not shoreline dependent) shall be encouraged to locate or relocate away from the shoreline.

Policy 3. Normandy Park shall consider the goals, objectives, and policies within the shoreline master program in all land use management actions regarding the use or development of water areas, adjacent uplands, and associated wetlands or streams, with less than 20 cubic feet per second mean annual flow within its jurisdiction, where such use or development may have an adverse effect on designated shorelines.

Policy 4. New construction, except shoreline stabilization structures, shall have a minimum buffer of 115 feet landward from the OHWM, except for sensitive areas (e.g., eroding bluffs or shores, marshes, bogs, swamps, and streams) where buffers shall be managed from the top of the bluff or nearest wetland edge per setbacks defined in Chapter 18.36 NPMC.

Policy 5. No new construction, except a shoreline stabilization structure, which significantly reduces the flood storage capacity of the streambed or increases flood hazards to upstream properties or otherwise endangers public safety, shall be allowed within the limits of the 100-year floodplain, unless reasonable flood and ecological protection is provided.

Policy 6. Accessory uses exempt from the shoreline permit requirement such as existing bulkheads for single-family residential development shall conform to the policies and intent of the Shoreline Management Act and the policies and use regulations of this master program. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.16.030 Residential element.

This is an element for the protection and enhancement of residential shoreline areas.

Goal: Residential development should reflect the goals and objectives of the master program.

Objective 1: Preserve the character of single-family residential areas.

Policy 1. Single-family residential areas should be protected from encroachment by commercial or multifamily residential uses.

Objective 2: Ensure that residential construction is considerate of shoreline features and consistent with this shoreline master plan.

Policy 1. Both formal plats and short subdivisions shall comply with the shoreline master program objectives and policies.

Policy 2. New developments should minimize visual and physical obstruction of the water from shoreline roads and upland owners.

Policy 3. Building permit applications for single-family residences and accessory structures shall be reviewed for compliance with the shoreline master program, although a shoreline permit is not required. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.16.040 Conservation element.

This is an element for the preservation of the natural shoreline resources, considering such characteristics as scenic vistas, parkways, estuarine areas for fish and wildlife protection, beaches, and other valuable natural or aesthetic features.

Goal: Assure preservation and enhancement of unique and nonrenewable natural resources and assure conservation of renewable natural resources for the benefit of existing and future generations and the public interest.

Objective 1: Prevent further deterioration of water quality and encourage water quality improvement.

Policy 1. Recognize that the salt waters of Normandy Park are important fish habitat and resting places, feeding, and wintering areas for migratory fowl (particularly the near shore eelgrass beds and near freshwater streams), and that the quality of this marine habitat should be protected.

Policy 2. Encourage the development of programs and projects that will enhance marine life.

Policy 3. Encourage the development and implementation of a comprehensive storm sewer system in the greater Normandy Park area.

Policy 4. Encourage the use of appropriate natural herbicides and pesticides, and encourage the convenient location of hazardous waste disposal sites outside of shoreline areas.

Objective 2: Development on shorelines should sustain a minimum adverse impact on the quality of the environment.

Policy 1. Shoreline structures should be sited and designed to minimize view obstruction and should be visually compatible with the shoreline character.

Policy 2. The city should consider the impact of any proposed shoreline development on the water quality of Miller, Walker, and Normandy Creeks.

Objective 3: Scenic, aesthetic, and ecological qualities of natural and developed shorelines should be recognized and preserved.

Policy 1. When appropriate, the natural flora should be preserved, restored, or enhanced.

Policy 2. Along the shorelines, the natural topography should not be substantially altered. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.16.050 Public access element.

This is an element making provision for public access to publicly owned shorelines and assessing the need for providing public access to shoreline areas.

Goals: Increase public access to shoreline areas; provided, that private rights, public safety, municipal liability, and the natural shoreline character are not adversely affected.

Objective 1: Public access development should respect and protect the enjoyment of private rights in shoreline property.

Policy 1. Shoreline access areas should be planned to include ancillary facilities such as parking and sanitation when appropriate.

Policy 2. Shoreline access and ancillary facilities should be designed and developed to provide adequate protection for adjacent private properties.

Objective 2: Public access should be maintained and regulated.

Policy 1. Public access should be policed and improved consistent with intensity of use.

Policy 2. The provision to restrict access as to nature, time, number of people, and area may be appropriate for public pedestrian easements and other public access areas where there are spawning grounds, fragile aquatic life habitats, or potential hazard for pedestrian safety.

Policy 3. Facilities in public shoreline access area should be properly maintained and operated.

Objective 3: Access design should provide for the public health, safety, and enjoyment and minimize liability risks.

Policy 1. Appropriate signs should be used to designate developed, publicly owned shorelines.

Policy 2. Public access to and along the water’s edge should be available within publicly owned shorelines that are tolerant of human activity where municipal liability is an acceptable risk.

Objective 4: Priority for access acquisition should consider resource desirability, availability and proximity of population.

Policy 1. A shoreline element should be encouraged in the city’s park and recreation plan so that future shoreline access is acquired and developed as part of an overall master plan.

Policy 2. The city should make every effort to preserve creek deltas within the boundaries of Normandy Park for future generations’ recreation needs and in recognition of their environmental quality values and associated benefits.

Objective 5: Access to public shorelines of the city should be available to all people when possible.

Policy 1. Viewpoints, lookouts, and vistas of shorelines and wetlands should be publicly accessible where possible and when private properties are adequately protected.

Policy 2. New developments should minimize visual and physical obstruction of the water from shoreline roads and upland owners.

Objective 6: General policies.

Policy 1. Where appropriate, utility and transportation rights-of-way on the shoreline should be made available for public access and use.

Policy 2. Publicly owned street ends, which abut the shoreline, should be retained.

Policy 3. Where appropriate, recreational facilities and other public access points should be connected by trails, bicycle pathways and other access links.

Policy 4. Public pedestrian easements and access points should be of a nature and scale that will be compatible with the abutting and adjacent land use, as well as natural features, including aquatic life.

Policy 5. Access development should respect and protect ecological and aesthetic values in the shorelines of the state.

Policy 6. None of the above policies should be construed to take precedence over the city’s obligation to provide for the public safety, to maintain publicly owned properties, or to protect the assets of the city from unacceptable municipal liability.

Policy 7. Emergency access to the shoreline should be provided through public access points and on private properties that have agreements with the city to allow emergency access. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.16.060 Recreation element.

This is an element for the preservation and expansion of recreational opportunities through programs of acquisition/development, and various means of less-than-fee acquisition.

Goal: Provide water-dependent and shoreline-oriented recreation opportunities for city residents.

Objective: Maximize public recreational, historical, and educational opportunities in the shoreline area, to the extent that it does not interfere with private property.

Policy 1. Provide recreational opportunities on publicly owned shorelines which attract all people.

Policy 2. Encourage the acquisition of prime recreational lands prior to their commitment to other uses.

Policy 3. Examine additional recreational, historical, and educational opportunities offered by Marine View Park.

Policy 4. Effective interpretation should be provided to enhance visitor understanding of the natural resource.

Policy 5. Shoreline recreational use and development should enhance environmental qualities with minimal adverse effect on the natural environment.

Policy 6. Shoreline recreational areas should be sited and designed to facilitate adequate monitoring of activity and maintenance.

Policy 7. Bicycle path planning should take into consideration opportunities for shoreline views. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.16.070 Circulation element.

This is an element for assessing the location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other public facilities, and correlating those facilities with the shoreline use elements.

Goal: Circulation systems in shoreline areas should be limited to those which are water-dependent or water-related, and would serve water-dependent uses.

Objective 1: Restrict motor vehicle traffic in the shoreline area.

Policy 1. Motorized vehicles should be prohibited on all beaches, except for residential service access and existing prescriptive easement.

Policy 2. Nonwater-related parking facilities should be discouraged from locating in the shoreline area.

Policy 3. All transportation facilities in shoreline areas should be constructed and maintained to cause the least possible adverse impacts on the land and water environments, should respect the natural character of the shoreline, and should make every effort to preserve wildlife, aquatic life, and their habitats.

Objective 2: Encourage citizens to use nonmotorized means of transportation by enhancing and expanding pedestrian and bicycle routes, including enhancing direct access to public transit routes per the comprehensive plan.

Objective 3: Encourage and support the development of a fully accessible public transportation system that will accommodate the present and future travel demands of the community per the comprehensive plan. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.16.080 Historical/cultural element.

This is an element for the protection and restoration of buildings, sites, and areas having historic, cultural, educational, or scientific value.

Goal: Shoreline features having historic, cultural, scientific or educational value, locally or regionally, should be designated and then retained and protected.

Objective: Encourage the restoration, development, and interpretation of historical, cultural, and educational sites. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.16.090 Economic development element.

This is an element for the location and design of industries, transportation, port, tourist, and commercial facilities, and other developments dependent on shoreline locations and/or water access.

Goal: No industries or transportation, port, marinas, tourist or commercial facilities should be located within Normandy Park’s designated shoreline environment.

Objective: Commercial and industrial developments should be located inland and only as provided by the comprehensive plan of the city of Normandy Park. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016; Ord. 539 § 2, 1991).

16.16.100 Shoreline restoration.

This is an element for the preservation and restoration of the natural character and functions of the shoreline as identified in the restoration plan that has been adopted along with this shoreline master program.

Goal: This element is to foster habitat and natural system enhancement projects, provided the primary purpose is restoration of the natural character and functions of the shoreline and only when consistent with implementation of the restoration plan that has been adopted with this shoreline master program pursuant to WAC 173-26-201(2)(f).

Objective 1: Improve water quality within the city’s surface waters.

Policy 1. Improve water quality and reduce the level of effective impervious surface coverage by implementing LID techniques on public projects within the city and encouraging and incentivizing property owners to reduce impervious surface coverage.

Policy 2. Target public streets and private access drives in areas within and draining to the shoreline jurisdiction for focused improvements to stormwater systems to improve water quality. Prioritize based on potential for positive impact and support of local residents.

Policy 3. Encourage the use of appropriate natural herbicides and pesticides, and encourage the convenient location of hazardous waste disposal sites outside of shoreline areas.

Policy 4. The city and community can work with the Southwest Sewer District to determine if opportunities for cleaner discharge into Puget Sound at the mouth of Miller Creek is needed and possible. If needed, stormwater discharge to the sanitary sewer could be disconnected to prevent more frequent sewer overflows.

Objective 2: Protect and improve vegetation and habitat functions in upland and wetland areas.

Policy 1. At Marine View Park, use both planned limited improvements and more long-term redevelopment as opportunities to improve vegetation, hydrologic, and habitat functions. Obtain input from resource experts, agencies, and residents on balancing restoration with human use. Continue to encourage and/or incentivize residents to work with King County Conservation District to improve vegetation, habitat, and hydrologic functions along their shoreline properties.

Policy 2. Continue to maintain and improve wetland and riparian habitat within Miller and Walker Creeks.

Objective 3: Enhance and restore shorelines that have been modified through installation of bulkheads and other forms of hard armoring.

Policy 1. Where feasible and safe for residents, incentivize the removal of bulkheads and other forms of hard shoreline armoring on private properties and restore to natural shoreline.

Policy 2. Encourage the coordinated implementation of soft shoreline stabilization measures across multiple adjacent properties.

Policy 3. Provide education, permitting assistance, and other work with Beachwatchers, King County, WRIA 9 groups and other stewards to provide outreach.

Policy 4. Incentivize the use of alternative soft armoring for shoreline stabilization design in currently armored areas where armoring is being reconstructed or repaired.

Objective 4: Remove regulatory impediments to restoration and enhancement projects, and introduce incentive programs to encourage private restoration actions.

Policy 1. The city should, and private entities are encouraged to, seek funding from state, federal, private, and other sources to implement restoration, enhancement, and acquisition projects.

Policy 2. Develop processing guidelines that will streamline review of restoration-only projects.

Policy 3. Allow for the use of tax incentive programs, mitigation banking, grants, land swaps, or other programs, as they are developed, to encourage restoration and enhancement of shoreline ecological functions and to protect habitat for fish, wildlife, and plants. (Ord. 998 § 1 (Exh. A), 2020; Ord. 940 § 1 (Exh. A), 2016).

16.16.110 Utilities.

Utilities are services and facilities that produce, transmit, store, process or dispose of electric power, gas, water, sewage, and communications. Utilities in this SMP are divided into primary and accessory based on type and scale.

(1) Primary. The policies below apply to primary use and activities such as solid waste handling and disposal, water transmission lines, sewage treatment facilities and mains, power generating or high voltage transmission facilities, gas distribution lines and storage facilities, stormwater mains and regional stormwater treatment facilities.

Policy 1: New primary utilities should be located outside of the SMA unless no other feasible option exists. Where allowed they should utilize existing transportation and utility sites, rights-of-way and corridors whenever possible, rather than creating new corridors. Joint use of rights-of-way and corridors should be encouraged.

Policy 2: Solid waste disposal activities and facilities should be prohibited in shoreline areas. “Solid waste facilities” are not to be construed as storage of recyclable materials.

Policy 3: Primary utilities should avoid locating in environmentally sensitive areas unless no feasible alternatives exist.

Policy 4: Wherever primary utility facilities and corridors must be placed in a shoreline area, they should be located so as to protect scenic views. Whenever possible, such facilities should be placed underground or designed to minimize impacts on the aesthetic qualities of the shoreline area.

(2) Accessory. The policies below apply to accessory use and activities, meaning utilities that affect small-scale distribution services connected directly to the uses along the shoreline. For example, power distribution, telephone, cable, water and sewer service lines, and stormwater collection and conveyance, are all considered as utilities accessory to shoreline uses. They are covered in this section because they concern all types of development and have the potential of impacting the ecological condition and visual quality of the shoreline and its waters.

Policy 1: Utilities are necessary to serve shoreline uses and should be properly installed to protect the shoreline and water from contamination and degradation.

Policy 2: Utility facilities and rights-of-way should be located outside of the shoreline area to the maximum extent possible. When utility lines require a shoreline location, they should be placed underground, where feasible.

Policy 3: Utility facilities should be designed and located in a manner which preserves the natural landscape and shoreline ecology and minimizes conflicts with present and planned land uses. (Ord. 998 § 1 (Exh. A), 2020).