Chapter 8
Specific Use Policies and Development Regulations
SECTIONS:
8.7 Industrial and Port Facilities
8.14 Scientific, Cultural and Education Facilities
8.15 Transportation Facilities
8.1 Introduction
Development and use proposals may involve a number of uses and shoreline modifications and must comply with the policies and regulations for each. For example, uses associated with a new marina may include boat launches, industrial and port facilities, parking facilities, and recreational facilities. Construction of a marina may involve numerous shoreline modifications, including dredging, dredge spoil disposal, a jetty, and perhaps landfill. Each project is reviewed for compliance with the applicable “use” policies and regulations in this Chapter and with the applicable “modification” policies and regulations in Chapter 9.
All shoreline developments and uses must comply with the policies and standards of this Master Program whether or not a shoreline substantial development permit is required. Specific conditions that ensure such compliance may be attached as a condition of permit approval.
Shoreline uses specifically listed as “prohibited” shall not be eligible for consideration as a shoreline variance or shoreline conditional use permit. However, if the use is permitted, deviations from the minimum performance standards may be approved under a shoreline variance unless specifically stated otherwise.
The performance standards contained herein augment standards established through other land development regulations. Where conflict arises between these and other applicable controls, the regulations that provide more protection to the shoreline area shall apply.
This chapter provides specific policies and regulations for the following types of specific uses. Refer to Chapter 9 for shoreline modifications:
a. Advertising and Signs
b. Agriculture
c. Aquaculture
d. Boat Launches
e. Commercial Development
f. Industrial and Port Facilities
g. Marinas
h. Mining
i. Mooring Buoys
j. Parking Facilities
k. Recreational Facilities
l. Residential Development
m. Scientific, Cultural and Education Facilities
n. Transportation Facilities
o. Utilities
Uses not classified (i.e., “unclassified uses”) under this master program shall be processed as conditional uses.
8.2 Advertising and Signs
Outdoor advertising and signs include publicly displayed messages on signs, billboards, placards, or buildings that direct attention to promotion of a business, service, or product, or for public notice, transportation, or direction.
Outdoor advertising is regulated by the Port Townsend sign code (e.g., billboards and off-premise signs, except for sandwich boards in the downtown Historic district, are prohibited everywhere in the City.
Also prohibited are flashing, rooftop and moving signs).
Policies
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Policy 8.2.1 |
Ensure that signage within the shoreline jurisdiction complies with the City’s Sign regulations codified in Chapter 17 of the Port Townsend Municipal Code. |
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Policy 8.2.2 |
Ensure that signs are compatible with the shoreline environment and adjacent land and water uses through appropriate design and placement. |
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Policy 8.2.3 |
Avoid degradation of vistas and viewpoints and ensure visual access to the water from such vistas by appropriately locating signs. |
Development Regulations
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DR-8.2.1 |
Outdoor advertising and signs shall be in conformance with the City of Port Townsend sign regulations codified in Chapter 17 of the Port Townsend Municipal Code. |
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DR-8.2.2 |
Delineated vistas (Appendix B) or viewpoints shall be kept free of advertisement signs. |
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DR-8.2.3 |
Signs directed toward the water shall be limited to: a. Directional signage associated with a marina, and b. Signage on buildings with a waterside entrance. |
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DR-8.2.4 |
Over-water signs or signs on floats or pilings (signs in all areas below OHWM) shall be limited to those that are a necessary part of approved in-water or over-water uses and shall generally be limited to signs for navigation, safety, identification, or public information. |
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DR-8.2.5 |
Artificial lighting for signs shall be directed or beamed away from the water, public streets, or adjacent premises so as to not cause glare reflection that may constitute a traffic or boating hazard or nuisance. |
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DR-8.2.6 |
Flashing and blinking signs are not permitted on the shoreline area. No sign or part thereof shall consist of banners, posters, streamers, spinners, or other similar moving devices. |
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DR-8.2.7 |
No signs shall be constructed or operated in a manner that obscures or detracts from the effectiveness of navigational aids. |
8.3 Agriculture
Agriculture includes the cultivation of soil, production of crops, or the raising of livestock. In Port Townsend, limited agricultural activities may (and do) occur within some residential zones, but more intense agricultural uses are not allowed by the City’s development regulations and are not present in the shoreline area. Construction and practices normal for an existing ongoing agricultural use are exempt under the Shoreline Management Act.
Policies
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Policy 8.3.1 |
Limit agriculture uses to those allowed in the Shoreline Residential environment consistent with the underlying zoning. Agriculture uses shall be prohibited from all other environments. |
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Policy 8.3.2 |
Require buffer zones of permanent vegetation between tilled areas and associated water bodies in order to retard surface runoff, reduce siltation, and promote valuable shade for fish habitats. |
Development Regulations
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DR-8.3.1 |
Agriculture uses shall only be permitted in the Shoreline Residential environment and shall be limited to those agricultural uses permitted by the underlying residential zoning. Agricultural uses are prohibited from all other shoreline environments. |
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DR-8.3.2 |
An agricultural activity waterward of the ordinary high water mark is prohibited. |
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DR-8.3.3 |
Shoreline waters shall not be used for livestock watering. |
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DR-8.3.4 |
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, not be less than one hundred (100) feet wide as measured landward and perpendicular to the ordinary high water mark. The buffer shall be of sufficient width and vegetation shall be sufficiently enhanced to retard runoff, reduce sedimentation, and provide riparian habitat. Buffers shall include fencing to prevent encroachment. |
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DR-8.3.5 |
Erosion control measures shall conform to guidelines and standards established by the U.S. Soil Conservation Service and the U.S. Department of Agriculture. |
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DR-8.3.6 |
Pesticides shall be used, handled, and disposed in accordance with provisions of the Washington State Pesticide Application Act (RCW 17.21) and the Washington State Pesticide Act (RCW 15.57) to prevent contamination and sanitation problems. |
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DR-8.3.7 |
Livestock waste shall be disposed in a manner that will prevent surface or ground water contamination. |
8.4 Aquaculture
Aquaculture is the farming or culturing of aquatic organisms. Aquaculture encompasses a wide variety of activities including hatching, seeding, planting, cultivating, feeding, raising, and harvesting of plants and animals. These activities may have widely differing impacts on the aquatic and shoreline environment.
Those activities that do not meet the definition of development in this Master Program, such as beach culturing for restoration of a native species and recreational hand harvesting, are not subject to the shoreline permit requirements of the Shoreline Management Act and this Master Program. Additionally, harvesting by Tribal entities is exempt from compliance with the City’s Shoreline Master Program pursuant to state-tribe treaties.
Aquaculture can be carried out in subtidal, intertidal, upland, and fresh water areas. The subtidal area is seaward of the line of extreme low tide. The intertidal area is seaward of the ordinary high water mark and landward of the line of extreme low tide. The upland area is landward of the ordinary high water mark.
Policies
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Policy 8.4.1 |
Limit aquaculture within the City’s shoreline jurisdiction to the following: |
a. Geoduck harvesting within Department of Natural Resources tracts;
b. Aquaculture for recovery of a native population; and,
c. Seafood culturing, harvesting and processing activities occurring upland of the OHWM within the Boat Haven Marina and Marine Trades District only, including related minor improvements within the adjacent Aquatic designation necessary to support the upland use (e.g., small scale water intakes and clean water outfalls).
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Policy 8.4.2 |
Ensure that, when permitted, aquaculture developments are located, designed and operated in a manner that is compatible with existing uses and in keeping with the natural shoreline environment and the environmental protection and restoration policies of this Master Program. |
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Policy 8.4.3 |
Protect established aquaculture operations from incompatible uses that may seek to locate nearby. Demonstration of a probability that such an adjacent use would result in damage to, or destruction of such an aquaculture operation shall be grounds for the denial of that use. |
Development Regulations
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DR-8.4.1 |
The following aquaculture activities may be permitted: |
a. Shellfish seeding/culturing when conducted for native population recovery in accordance with a government/tribal approved plan.
b. Seafood culturing, harvesting and processing activities occurring upland of the OHWM within the Boat Haven Marina and Marine Trades District only, including related minor improvements within the adjacent Aquatic designation necessary to support the upland use (e.g., small scale water intakes and clean water outfalls).
c. Commercial geoduck harvesting, when permitted by the Department of Natural Resources (DNR) on a DNR tract.
All other aquaculture developments and activities are prohibited within the shoreline jurisdiction, including fish pens and commercial shellfish seeding/culturing.
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DR-8.4.2 |
Processing of aquaculture products shall not occur in or over the water except for sorting or culling of organisms and washing or removal of surface materials or organisms. All other processing facilities shall be located on land. |
Geoduck Harvesting
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DR-8.4.3 |
Geoduck harvesting shall not be permitted in kelp beds or in eelgrass beds unless approved by the Washington State Department of Fisheries. |
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DR-8.4.4 |
Proposals for mechanical harvesting that involve substantial substrate modification shall be evaluated using the policies and performance standards for Dredging (Section 9.5) in addition to the provisions of this section. |
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DR-8.4.5 |
Applications for geoduck harvest shall be submitted on forms provided by the City of Port Townsend and shall include but are not limited to, the following information: |
a. Tract size and location;
b. Harvesting techniques;
c. A description of associated upland operations (e.g., truck transportation, processing, etc.);
d. Hours of operation;
e. A description of existing shoreline conditions (including flora, fauna, natural processes, and adjacent uses);
f. Relationship to other permits, rules, and regulations;
g. Proposed method for marking tract boundary.
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DR-8.4.6 |
Commercial geoduck harvesting may be allowed as a permitted use when permitted by the Department of Natural Resources and provided that the applicant demonstrates that the location, design, and operation of the harvest will not: |
a. Conflict with existing adjacent uses either directly (e.g., obstructing navigational channels) or indirectly (e.g., noise). Limitations on hours of operation may be required to protect adjacent uses.
b. Cause a significant adverse impact on natural shoreline processes;
c. Cause significant adverse cumulative impacts (i.e., aquaculture operations should be adequately spaced).
d. Degrade critical habitat areas or environmental restoration sites;
e. Interfere with the migration of aquatic organisms except where specifically intended by the design or operation of the facility; or
f. Significantly degrade aesthetic quality of the state’s shorelines.
8.5 Boat Launches
Boat launches are slabs, pads, planks, rails, cranes or graded slopes used for launching boats by means of a trailer, hand, or mechanical device.
Policies
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Policy 8.5.1 |
Maintain existing boat launch areas at Boat Haven Marina, Monroe Street (Salmon Club), at Point Hudson and at Fort Worden State Park for future Port, commercial and recreational uses. The boat ramp at North Beach Park should not be rebuilt; it should be removed and the beach should be restored. |
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Policy 8.5.2 |
Install, maintain and rebuild boat launches in such a manner as to minimize adverse affects on natural and physical shoreline resources. |
Development Regulations
General
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DR-8.5.1 |
Boat launches for Port, commercial or public recreational uses may be permitted in the following shoreline environments: Boat Haven, Historic Waterfront, Urban, Point Hudson, and Conservancy and associated Aquatic areas. |
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DR-8.5.2 |
New boat launches requiring shoreline modifications shall be allowed only as conditional uses due to their potentially significant impacts to the shoreline environment. |
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DR-8.5.3 |
Designation of a new hand launch-site where improvements are limited to installation of public-access signage valued at $5,000 or less shall be exempt from a Shoreline Substantial Development Permit. |
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DR-8.5.4 |
Reconstruction of an existing launch (except the North Beach launch that has been identified as a restoration site) is a permitted use. |
Design Standards
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DR-8.5.5 |
Boat launches and ancillary facilities shall be located, designed, constructed, and operated as to: |
a. Minimize adverse affects of fish, shellfish, wildlife, water quality, and existing geohydraulic shoreline and stream processes;
b. Be clearly separated from nearby swimming areas;
c. Provide adequate on-shore sewage and waste disposal facilities and a means for effective operation; and
d. Be compatible with adjacent uses.
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DR-8.5.6 |
Associated docks and floats shall conform to the applicable policies and performance standards of this Master Program. |
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DR-8.5.7 |
Associated parking and loading areas shall: |
a. Comply with the City of Port Townsend’s Parking Code (PTMC 17.72) and Section 8.11 of this Master Program;
b. Provide adequate off-road parking and loading areas;
c. Facilitate orderly launching and retrieval of boats, as well as the movement of vehicles and trailers in the launching area;
d. Provide ample room for the handling and maneuvering of boat trailers;
e. Be located away from the immediate water’s edge and beaches; and
f. Ensure that surface runoff does not pollute adjacent waters or cause soil or beach erosion.
8.6 Commercial Development
Commercial development means those uses and facilities that are involved in wholesale or retail trade or business activities. Examples include but are not limited to hotels, motels, grocery stores, restaurants, shops, offices, and indoor recreation facilities. This is a broad category that mostly applies to the downtown area where most of the detailed development regulations are addressed by the underlying zoning. Proposals lying within the C-II zoning district must comply with the city’s commercial design standards (17.44 PTMC). Proposals within the C-III zoning district are subject to historic design review pursuant to Sections 17.30 and 17.80 PTMC.
The design, layout and operation of certain commercial uses directly affects their classification with regard to whether or not they qualify as water-related or water-enjoyment uses.
Policies
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Policy 8.6.1 |
Give priority to those commercial developments that are dependent on shoreline locations or that allow a substantial number of people to actively or passively enjoy the shoreline. |
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Policy 8.6.2 |
Prohibit over-water commercial uses, except to facilitate reuse of existing structures, or as a minor accessory use to a public facility (e.g., an espresso stand at the ferry terminal). |
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Policy 8.6.3 |
Design commercial uses in a manner that provides physical and visual access to the water. |
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Policy 8.6.4 |
Design commercial uses adjacent to the ordinary high water mark in a manner that provides landscaping and environmental restoration at the water’s edge consistent with constitutional and other limitations on the regulation of private property. |
Development Regulations
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DR-8.6.1 |
Over-water construction of commercial uses is prohibited except as follows: |
a. The development of docks, boat launch ramps, or other shoreline access facilities.
b. Commercial uses of existing over-water buildings may be allowed to facilitate reuse of existing structures in the Historic Waterfront environment.
c. Minor commercial uses that are accessory and clearly incidental to an allowed use may be provided on publicly owned docks and piers (e.g., espresso stand at the ferry terminal; authorized ticket sales for a temporary, marine- oriented event).
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DR-8.6.2 |
Commercial development shall be subject to the design review provisions of the Port Townsend Zoning code (Title 17 PTMC). |
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DR-8.6.3 |
All commercial development/redevelopment requiring a Substantial Development or Conditional Use Permit within shoreline jurisdiction shall provide for public visual and physical access to the shoreline in accordance with Chapter 7, Public Access, taking into consideration constitutional and statutory limitations. Such provisions could be the preservation of shoreline views, the establishment of public access easements across and to the shoreline, enhancement of an adjacent street-end or park or other consideration commensurate with the degree of impact caused by the development. |
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DR-8.6.4 |
Bed and Breakfast establishments proposed within a Residential zoning district are required to meet the policies and regulations for both Residential and Commercial use. |
8.7 Industrial and Port Facilities
Industry applies to those businesses or uses involved in the production, processing, manufacturing, or fabrication of goods. Warehousing and storage of materials or products is considered part of the industrial process. Water-dependent industries are those that require location on the shoreline by reason of the nature of their business. Ports are a specialized subcategory of general industrial use. Port facilities are centers of water- borne traffic and commerce. Industry and ports are both covered in this section.
Port and industrial developments are often associated with a number of uses and modifications that are identified separately in this Master Program (e.g., parking, dredging). Each use activity and every type of shoreline modification should be carefully identified and reviewed for compliance with all applicable sections.
Port and industrial facilities are intensive and have the potential to negatively impact the shoreline environment. When impacts cannot be avoided, impacts must be mitigated to assure no net loss of ecological function necessary to sustain shoreline resources. Please refer to Chapter 6, Environmental Protection.
Policies
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Policy 8.7.1 |
Reserve shorelines that are particularly suitable for water-dependent and water-related industrial development for these uses. Suitable shorelines have few environmental limitations, such as critical areas. Industrial uses are encouraged to locate in areas contaminated by past uses thus, allowing for environmental cleanup/restoration to be incorporated into development plans. |
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Policy 8.7.2 |
Prohibit non-water-dependent industrial developments over water. |
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Policy 8.7.3 |
Require new industrial development to provide physical and visual access to shorelines whenever possible, consistent with constitutional and statutory limitations, and provided such access does not interfere with industrial operations or endanger public health and safety. |
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Policy 8.7.4 |
Encourage or require cooperative use of docks, cargo handing, storage, parking, and other accessory facilities among private or public entities in shoreline industrial areas. |
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Policy 8.7.5 |
Ensure that land transportation and utility corridors serving ports and water-related industry follow the guidelines provided under the sections dealing with utilities and transportation. Where feasible, transportation and utility corridors should be located upland to reduce conflicts with industrial operations. |
Development Regulations
General
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DR-8.7.1 |
Only water-dependent industry and water-related industry shall be permitted in the shoreline jurisdiction. |
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DR-8.7.2 |
Over-the-water construction of non-water-dependent industrial uses is prohibited. This provision is not intended to preclude the development of docks; piers or boating facilities that are necessary for the operation of a water-dependent industrial use must be located, designed, and operated in a manner consistent with the provisions of this Master Program. |
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DR-8.7.3 |
Storage and/or disposal of industrial wastes are prohibited within shoreline jurisdiction, unless specifically listed herein. |
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DR-8.7.4 |
The following uses may be permitted as a conditional use: |
a. Bulk storage of oil, fuel, chemicals, or hazardous materials, on either a temporary or a permanent basis, provided that secondary containment and an emergency spill response plan are included in the proposal.
b. Wastewater treatment and reclamation systems accessory to a permitted use (also see “Utilities”), provided that
i. Alternate inland areas are unavailable and,
ii. The proposed location, design and operation are compatible with existing and planned water-oriented uses.
Design
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DR-8.7.5 |
Industrial and port facilities shall be located, designed, constructed, and operated so as to minimize impacts to shoreline resources and unnecessary interference with the right of adjacent property owners, as well as adjacent shoreline or water uses. To this end, applications for industrial/port facilities must demonstrate conformance with the following criteria. The proposal shall: |
a. Comply with all federal, state, regional, and local requirements regarding air and water quality including but not limited to those contained in Chapter 6, Environmental Protection. No pollution of air by fly-ash, dust, vapors, odors, smoke, or other substances shall be permitted that are harmful to health, animals, vegetation, or other property, or that can cause excessive soiling.
b. Incorporate adequate buffers or greenbelts to protect adjacent non-industrial uses. All new or expanded industrial development shall be set back and buffered from adjacent shoreline properties that are used for or zoned for non-industrial purposes. As set forth in Section 5.13.19, such buffering or greenbelt at Point Hudson shall include landscaping, shrubs, trees and native vegetation as found to be appropriate depending on the impact, and shall be planted along the common boundary and grow to not more than 12 feet or less than 8 feet in height, nor less than 10 feet in width, within five years, unless an alternate landscaping plan that better meets the goal of Section 5.13 of this SMP is approved by the Shoreline Administrator that better meets the goal of Section 5.13 of this SMP. In all other instances, buffering shall be consistent with the provisions of PTMC Section 17.22.020(C). 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.
c. Maximize joint use of accessory facilities -industrial/port facilities shall be designed and operated to promote joint use of over-water and accessory facilities such as piers, docks, storage, and parking whenever practicable.
d. Protect public views of harbor areas and other recognized or officially delineated vistas. Private views of the shoreline, although considered during the review process, are not expressly protected. Property owners concerned with the protection of views from private property are encouraged to obtain view easements, purchase intervening property and/or seek other similar private means of minimizing view obstruction.
e. Separate unpaved storage from groundwater - Where unpaved storage areas are proposed, provides a minimum 4-foot separation between the ground surface and the highest seasonal water table.
f. Make adequate provision for fire and safety hazards -
i. The storage and handling of inflammable liquids, liquefied petroleum gases and explosives shall comply with rules and regulations falling under the jurisdiction of the city fire chief, the laws of the state and other local ordinances;
ii. Bulk storage of inflammable liquids below ground shall be permitted, and the tank shall be located not closer to the property line than the greatest dimension (diameter, length, or height of the tank).
iii. Adequate fire fighting, fire prevention and safety equipment shall be provided as necessary to handle materials stored or used on the site.
iv. Flammable/explosive/hazardous materials shall be kept removed from adjacent activities to a distance that is compatible with the potential danger involved.
v. Provisions shall be made to minimize the probability of spills of fuel or other toxic substances and to handle accidental spills that occur.
vi. Emission of dangerous radioactivity shall be prohibited.
g. Prevent interference. - Provide for necessary shielding or other measures to prevent on-site mechanical or electrical equipment from interfering with the use of electrical apparatus off-site.
h. Screen waste products – Liquid and solid wastes, storage of animal or vegetable waste that attract insects or rodents or otherwise create a health hazard shall be prohibited. No such waste products shall be exposed to view from eye level from any property line in the Boat Haven or Point Hudson designation.
i. Noise and vibration are a normal part of marine industrial operations. However, noise emanating from the premises used for marine-related and manufacturing activities shall be regulated under PTMC 9.08 and PTMC 17.22.020(D)(1) as they now exist or may later be amended. Provided, the shoreline administrator may impose permit conditions to mitigate temporary noise or vibration associated with authorized construction activities.
j. Exterior lighting shall not be used in such a manner that produces glare on public areas or water bodies. Arc welding, acetylene torch cutting or similar processes shall be performed so as not to be seen from any point beyond the property.
k. Noxious odors shall be eliminated to the extent feasible.
Public Access
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DR-8.7.6 |
Port and industrial facilities shall provide public access to shoreline areas in accordance with Chapter 7, Public Access, taking into consideration constitutional and statutory limitations, public safety, health, and security. Where industrial use is proposed for location on land in public ownership, public access shall be required. Such provisions could be the preservation of shoreline views, the establishment of public access easements across and to the shoreline, enhancement of an adjacent street-end or park or other consideration commensurate with the degree of impact caused by the development. |
8.8 Marinas
Facilities that provide launching, storage, supplies, moorage, and other services for five or more pleasure and commercial watercraft.
Commercial development, not accessory to the operation of a marina, shall comply with Section 8.6, "Commercial Development." Shoreline modifications associated with marinas, including docks, piers, and floats, shall also comply with Chapter 9 Shoreline Modifications.
Policies
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Policy 8.8.1 |
Concentrate marina development at the Boat Haven and Point Hudson marinas. Expansion of existing marinas shall comply with the Port of Port Townsend Comprehensive Scheme of Harbor Improvements. No new marinas should be developed. |
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Policy 8.8.2 |
Ensure that Marina expansions are located, designed, constructed and operated in a manner that will minimize damage to shoreline processes and functions. When impacts cannot be avoided, impacts must be mitigated to assure no net loss of ecological function necessary to sustain shoreline resources. |
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Policy 8.8.3 |
Ensure that marinas are located, designed and operated so as to be compatible with adjacent uses and protect the aesthetic qualities of the shoreline environment. |
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Policy 8.8.4 |
Consult the standards and guidelines of applicable federal, state and local agencies in planning for marina expansion and new mooring facilities. |
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Policy 8.8.5 |
Give valid consideration to floating breakwaters as an alternative to conventional breakwaters. |
Development Regulations
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DR-8.8.1 |
The following uses shall be prohibited: |
a. New marinas
b. Covered moorage
c. Floating houses
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DR-8.8.2 |
Marina expansions and new mooring buoy fields may be permitted as a conditional use. Where permitted, these facilities shall be located, designed, constructed, and operated so as to minimize impacts to shoreline resources and unnecessary interference with adjacent residential property owners, as well as adjacent shoreline or water uses. To this end, applications for such facilities must demonstrate conformance with the following criteria. The proposal shall: |
a. Locate with regard to favorable conditions related to wind, current, bathymetrics, and for overnight moorage facilities, adequate flushing action.
b. Comply with all federal, state, regional, and local requirements regarding water quality, including, but not limited to, Department of Health Standards and environmental policies and regulations contained in Chapter 6, Environmental Protection.
c. Be compatible with the general aesthetic quality of the shoreline area where they are located. Provide for adequate upland support facilities (e.g., restrooms, dumpsters, etc.)
d. Provide accessory parking and loading areas - said facilities shall be located well away from the water’s edge and shall be designed in accordance with Section 8.11, Parking.
e. Facilitate orderly launching, retrieval, and storage of boats as well as circulation of vehicles and pedestrians in the vicinity of the marina.
f. Marinas shall make provisions to minimize the probability of fuel spills during handling or storage.
g. Make provisions shall be made to handle accidental spills that do occur.
h. Provide pump-out and on-shore sewage and waste disposal facilities. Public/Port pump-out facilities shall be available at no direct charge to the user.
8.9 Mining
Mining is the removal and primary processing of naturally occurring materials from the earth for economic use. For purposes of this Master Program, "processing" includes screening, crushing, and stockpiling of materials removed from the site. Mining activities also include in-water dredging activities related to mineral extraction. Processing does not include general manufacturing, such as the manufacture of concrete.
Policies
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Policy 8.9.1 |
Ensure that all mining activities occur in appropriately designated areas outside of the Port Townsend shoreline jurisdiction. |
Development Regulations
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DR-8.9.1 |
Mining in all shoreline areas is prohibited. |
8.10 Mooring Buoys
Mooring buoys are anchored devices in water bodies used for the mooring of watercraft. If six or more buoys are proposed, the proposal must also comply with polices and regulations under “Marinas,” above.
Policies
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Policy 8.10.1 |
Allow mooring buoys for transient boaters as a means to encourage economic development and recreation. Designated mooring buoys provide boaters with an alternative to anchoring in critical eelgrass beds found along the city’s southern shoreline. |
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Policy 8.10.2 |
Limit the development and management of mooring buoys to the City of Port Townsend, the Port of Port Townsend, Washington State Parks, or other public or non-profit agency for public use. |
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Policy 8.10.3 |
Work with the Port of Port Townsend, Washington State Parks, other public or non-profit agencies and the Department of Natural Resources to identify a “carrying capacity” of mooring buoys for Port Townsend Bay. |
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Policy 8.10.4 |
Prohibit mooring buoys where such installations will significantly interfere with navigation. |
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Policy 8.10.5 |
Discourage the placement of mooring buoys where sufficient dock facilities exist. |
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Policy 8.10.6 |
Ensure that mooring buoys are located, designed, constructed and operated in a manner that will minimize damage to sensitive ecological areas such as eelgrass beds, or aquaculture resources or facilities, except where the impacts of the mooring buoys will replace existing and ongoing practices that cause greater ecological degradation. (For example, the lesser impact of mooring buoys may be a suitable alternative to the current impacts of boat anchors.) |
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Policy 8.10.7 |
Ensure that mooring buoy fields are located, designed and operated so as to be compatible with adjacent uses and protect the aesthetic qualities of the shoreline environment. |
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Policy 8.10.8 |
Ensure that mooring buoys and the swing path of attached vessels do not encroach on privately owned tidelands or the swing path of a legally established or “grandfathered” moored boat and buoy. |
Development Regulations
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DR-8.10.1 |
Applications for public mooring buoys shall include an enforcement and management plan that describes rules and regulations for public use. |
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DR-8.10.2 |
Private mooring buoys are prohibited. |
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DR-8.10.3 |
Mooring buoys shall comply with the following design standards: |
a. Land based retrieval lines from mooring buoys shall be prohibited.
b. Mooring buoys shall be located as close to the shore as feasible while taking into consideration critical habitat. They shall not be located farther waterward than adjacent mooring buoys unless the draft and/or swing path of the boat dictates it.
c. Buoys must float at least 12" above the water and be a light or bright color.
d. Mooring buoys shall be located no closer than 100 feet from another mooring buoy, dock, pier, float, or other fixed navigational obstruction, unless there is a written agreement allowing for the encroachment with the parties affected, including the subtidal property owner.
e. Buoys shall be marked with the responsible agency’s name, address, and telephone number.
f. Buoys shall comply with the requirements of all applicable regulatory agencies (e.g., WAC 332-30-148).
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DR-8.10.4 |
Mooring buoys shall be located, designed, constructed, and operated so as to minimize impacts to shoreline resources and unnecessary interference with the right of adjacent property owners, as well as adjacent shoreline or water uses. To this end, applications for such facilities must demonstrate conformance with the following criteria. The proposal: |
a. Is located with regard to favorable conditions related to wind, current, bathymetrics and, for overnight moorage facilities, adequate flushing action.
b. Complies with all federal, state, regional, and local requirements regarding water quality including but not limited to Department of Health Standards and environmental policies and regulations contained in Chapter 6, Environmental Protection.
c. Is compatible with the general aesthetic quality of the shoreline area where they are located.
d. Provides for adequate upland support facilities (e.g., restrooms, dumpsters, etc.)
e. Is compatible with navigation.
f. Demonstrates that the buoy system proposed is adequate to withstand the maximum expected physical stress that the environment and moored craft will place on the buoy.
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DR-8.10.5 |
A mooring buoy shall secure no more than two (2) boats. |
8.11 Parking Facilities
Parking is the use of land for storage of motor vehicles, motorized equipment, or accessory units, such as trailers. Land used for this purpose is leveled, cleared, and often covered with an impermeable surface.
Parking includes areas for scenic vista parking.
Policies
|
Policy 8.11.1 |
Minimize parking in shoreline areas. |
|
Policy 8.11.2 |
Design and place parking facilities as far as practicable from the water’s edge. |
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Policy 8.11.3 |
Ensure that parking facilities are adequate to serve the level of demand anticipated by the associated use. |
|
Policy 8.11.4 |
Minimize impacts from parking facilities in shoreline areas including those related to stormwater runoff, water quality, visual qualities, public access, and vegetation and habitat maintenance, through appropriate location and design |
Development Regulations
Parking for specific land use activities within the City of Port Townsend is subject to the requirements and standards set forth in the Port Townsend Zoning Code, in addition to the regulations of this section.
|
DR-8.11.1 |
Parking in shoreline areas must directly serve an approved shoreline use. |
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DR-8.11.2 |
Parking as a principal use (i.e., not accessory to an authorized use) is prohibited, except when provided as part of a public scenic vista. |
|
DR-8.11.3 |
Parking facilities waterward of the ordinary high water mark are prohibited, provided that they may be allowed on over-water structures through the conditional use process when they are a component of a publicly operated ferry terminal. |
|
DR-8.11.4 |
Parking shall comply with the following design standards as applicable (e.g., items a, b, e and f would not apply to over-water ferry terminal parking): |
a. Parking shall be located on the landward side of the development unless contained within a permitted structure.
b. Where there is no existing structure, parking shall extend no closer to the shoreline than a permitted structure.
c. The design and construction of parking facilities shall assure that surface water runoff will not pollute adjacent waters or cause soil or beach erosion. Oil separators and retention ponds are considered positive measures towards compliance with this standard. Alternatives to conventional storm water treatment, such as use of pervious materials, shall be considered in order to minimize impacts due to runoff and the need for storm water treatment.
d. Security lighting associated with parking facilities shall be beamed, hooded, or directed so as to not cause glare on adjacent properties or water bodies.
e. Parking facilities shall be separated from residential, recreation, and natural areas (e.g., the shoreline) by landscaping and/or screening in accordance with the Parking Facilities Landscaping requirements of the Port Townsend Municipal Code, Title 17). The landscaping shall, preferably, consist of native vegetation. The requirement for screening may be waived or modified by the Shoreline Administrator, where screening would obstruct a significant view from public property or public roadway or to address public safety concerns.
f. 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.
g. Vista parking facilities shall include a significant public view and provide recreational opportunities such as picnic tables or viewing benches.
8.12 Recreational Facilities
Recreational development provides opportunities for play, sports, relaxation, amusement, or contemplation. It includes facilities for passive recreational activities, such as hiking, photography, viewing, and fishing. It also includes facilities for active or more intensive uses such as parks, campgrounds, and golf courses. This section applies to both publicly- and privately-owned shoreline facilities intended for use by the public or a private club, group, association, or individual. Commercial recreational development must be consistent with the provisions of this section and the provisions of section 8.6, for commercial uses.
This Master Program gives priority to recreational development that is primarily related to access to, enjoyment and use of the water and shorelines of the state as reflected in the Use Table of Chapter 5, Environments.
Policies
Encourage the coordination of local, state, and federal recreation planning so as to mutually address recreational needs. Shoreline recreational developments should be consistent with all adopted park, recreation, and open space plans.
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Policy 8.12.1 |
Encourage the linkage of shoreline parks, recreation areas, and public access points in a linear system, such as hiking paths, bicycle paths, and scenic drives. |
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Policy 8.12.2 |
Locate and design recreational developments in a manner that preserves, enhances, or creates scenic views and vistas. |
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Policy 8.12.3 |
Locate and design recreational facilities to minimize adverse impacts including those related to stormwater runoff, water quality, visual qualities, public access, and vegetation and habitat maintenance. |
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Policy 8.12.4 |
Encourage physical and visual access to shorelines and surface waters. |
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Policy 8.12.5 |
Prevent concentration of clutter and leave the beaches and tidelands in their natural state by locating camping and overnight recreation sites in upland areas. Park design and operation should deal with the impact such activities have not only within park boundaries but on adjacent properties and communities as well. |
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Policy 8.12.6 |
Locate golf courses outside of the shoreline area. |
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Policy 8.12.7 |
Prohibit use of recreational off-road vehicles within the shoreline area, except by public agencies for maintenance, operations and emergency services. |
Development Regulations
|
DR-8.12.1 |
The following recreational uses and developments are prohibited: |
a. Golf courses;
b. Use of recreational off-road vehicles is prohibited on natural areas of the shoreline, except by public agencies for maintenance, operations and emergency services;
c. Private campgrounds; and
d. Overnight recreational spaces or sites located on beaches, dunes, or intertidal areas.
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DR-8.12.2 |
Recreational facilities shall make adequate provisions for: |
a. Vehicular and pedestrian access, both on-site and off-site;
b. Vehicular traffic, both inside and outside the facility;
c. Vehicular parking;
d. Water supply, sewage disposal, and garbage collection;
e. The control of fires both within recreational facilities and between recreational facilities and adjacent private or public lands;
f. The prevention of overflows and trespasses onto adjacent properties;
g. Screening, buffer strips, fences, and signs to prevent park overflow and to protect the value and enjoyment of adjacent or nearby private or public properties;
h. Enforcement of laws and regulations associated with use of the facilities being proposed;
i. Security; and
j. Maintenance.
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DR-8.12.3 |
Valuable shoreline resources and fragile or unique areas, such as wetlands and accretion shore forms, shall be used only for non-intensive recreation activities. |
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DR-8.12.4 |
Recreational structures waterward of the ordinary high water mark are only permitted as specified in Section 5.6 “Aquatic” of this master program. |
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DR-8.12.5 |
For recreation developments, such as playing fields 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 and wetlands. Natural vegetation buffer strips shall be required between the shoreline waters and recreation developments that use fertilizers, pesticides, or other chemicals. The Shoreline Administrator shall determine the width necessary for buffer strips. Buffers shall not be less than fifty- (50) feet wide, measured on a horizontal plane, perpendicular to the edge of the ordinary high water mark. The proponent shall also be required to leave a chemical-free swath at least one hundred (100) feet in width next to water bodies and wetlands. |
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DR-8.12.6 |
Encourage recreational facilities to provide signage and enforce regulations that prohibit tree cutting and limit the taking of marine life, driftwood, and the like. |
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DR-8.12.7 |
Signs associated with recreational facilities shall be kept to a minimum in number and size and shall be erected as informational or directional aids only. |
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DR-8.12.8 |
Stairways and landings shall be located upland of existing bulkheads, banks, and the ordinary high water mark unless integral to a water-dependent use or overwater structure permitted by this Master Program. |
8.13 Residential Development
Residential development refers to one or more buildings, structures, lots, parcels, or portions of parcels that are used or intended to be used to provide a dwelling for human beings. Residential development includes single-family residences, duplexes, other detached dwellings, multifamily residences, apartments, townhouses, mobile home parks, group housing, condominiums, subdivisions, planned unit developments, and short subdivisions. Residential development also includes accessory uses and structures such as garages, sheds, tennis courts, swimming pools, driveways, parking areas, fences, cabanas, saunas, and guest cottages, when allowed by the underlying zoning. Residential development does not include hotels, motels, or camping facilities. Bed and Breakfast establishments proposed within a Residential zoning district are required to meet the policies and regulations for both Residential and Commercial use.
Note: A Substantial Development Permit is not required for construction of a single-family residence by an owner, lessee, or contract purchaser for his own use or the use of his family. However, such construction and all normal appurtenant structures must otherwise conform to this Master Program and obtain a Letter of Exemption. In addition, when applicable, all residential development is subject to the variance and conditional use requirements of this Master Program. For example, a variance will be required for any residential development that proposes to locate within the shoreline environment setbacks established in Chapter 5 of this Master Program.
Uses and facilities associated with residential development, which are identified as separate use activities or modifications in this Master Program, such as clearing, grading and landfill are subject to the regulations established for those uses in this section.
Policies
|
Policy 8.13.1 |
Discourage residential structures or accessory structures in areas waterward of the ordinary high water mark, within nearshore management areas, or within wetlands, habitat conservation areas, flood hazard areas, landslide hazard areas or their respective buffers. |
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Policy 8.13.2 |
Ensure that all residential development is designed: |
a. At a level of density of site coverage and occupancy compatible with the physical capabilities of the shoreline area, and consistent with the density provisions of the Port Townsend Comprehensive Plan and zoning code.
b. To preserve and enhance existing shoreline vegetation, control erosion and protect water quality, ecological resources and shoreline aesthetics of the shoreline both during and after construction.
c. To protect public views and provide public access to the shoreline. In accordance with the Public Access requirements in Chapter 7, residential developments of more than four (4) dwelling units should provide dedicated and improved public access to the shoreline.
d. To comply with the critical areas provisions of Chapter 6 of this Master Program.
e. To not significantly block views enjoyed by a substantial number of residences. Private views of the shoreline, although considered during the review process, are not expressly protected. Property owners concerned with the protection of views from private property are encouraged to obtain view easements, purchase intervening property and/or seek other similar private means of minimizing view obstruction.
f. To blend into the site as much as possible.
g. To locate sewage disposal drain fields, in those limited circumstances where they are permitted, in appropriate areas (e.g., not subject to flooding or likely to decrease slope stability).
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Policy 8.13.3 |
Consider additional design features for new subdivision and short subdivisions that: |
a. Cluster dwelling units in order to preserve natural features, minimize physical impacts, and provide for public access to the shoreline.
b. Maintain usable waterfront areas for the common use of all property owners within the development.
c. Are serviced by sanitary sewer and public water facilities in accordance with appropriate state and local health regulations. Storm drainage facilities should be separate, not combined with sewage disposal systems.
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Policy 8.13.4 |
Encourage joint use of shoreline facilities, including access stairs. |
Development Regulations
|
DR-8.13.1 |
Clearing and grading associated with a single-family residence may be exempted from the shoreline substantial development permit (SSDP) requirement, provided the following conditions are met: |
a. The clearing and grading activity is confined to the construction site and;
b. Grading does not exceed 250 cubic yards.
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DR-8.13.2 |
Residential structures shall not be located in areas subject to flooding or tidal inundation unless complete flood proofing measures have been provided, and then only when the location of such structures will not aggravate flooding possibilities of nearby properties. |
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DR-8.13.3 |
Residential development shall be: |
a. Located and designed to avoid the need for structural shore defense and flood protection works in the foreseeable future.
b. Designed to minimize potential conflicts with the use of adjacent public lands and areas of public access. This may include providing a physical separation to reinforce the distinction between public and private space, achieved by providing adequate space, through screening with landscape planting or fences, or other means.
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DR-8.13.4 |
Subdivisions: |
a. Shall comply with local plans, codes, and/ordinances.
b. Shall be designed to exemplify the definition and policy of the applicable shoreline designation as well as the environmental and physical capabilities of the subject site.
c. Shall be prohibited if flood control or shoreline protection measures are necessary to create a residential lot or site area.
d. May be required to cluster residential units and structures to avoid wetlands, habitat conservation areas or landslide hazards that are located on the development site.
e. Shall be designed to minimize potential impacts conflicts with the use of adjacent public lands and areas of public access. This may include providing a physical separation to reinforce the distinction between public and private space, achieved by providing adequate space, through screening with landscape planting or fences, or other means.
f. Shall comply with the applicable policies and performance standards of this Master Program, with regard to roads, utilities, and other improvements.
Public Access
|
DR-8.13.5 |
Public access to publicly owned shorelines shall be maintained. |
|
DR-8.13.6 |
Public access improvements shall be designed to include measures to prevent overflow usage from common and public areas upon privately owned shore lands and uplands. Appropriate measures may include fences or landscaping. |
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DR-8.13.7 |
Developments of more than four (4) dwelling units adjacent to the waterfront shall dedicate, improve, and provide maintenance provisions for a pedestrian easement that provides area sufficient to ensure usable access to the shoreline for all residents of the development and the general public. When required, public access easements shall be a minimum of twenty-five (25) feet in width and shall comply with the public access standards contained in this Master Program (see Chapter 7, “Public Access”). |
Environmental Protection
In addition to the General Environmental Policies presented in Chapter 6, Sections 6.3-6.4, residential development shall comply with the following standards:
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DR-8.13.8 |
All developments shall comply with the DOE Stormwater Management Manual for Western Washington, city engineering design standards manual, city stormwater master plan, and adopted drainage basin plans for all clearing and grading activities, for erosion control during construction and for permanent drainage system improvements. |
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DR-8.13.9 |
Developments containing marshes, swamps, lagoons, or similar wetlands shall use those areas only for the purpose of parks, open space, or passive recreational facilities. |
|
DR-8.13.10 |
Alteration of topography for building sites, access roads, and utilities shall be conducted in compliance with the applicable policies and performance standards of this Master Program. |
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DR-8.13.11 |
Sewage disposal systems shall not be located within wetlands, habitat conservation areas, landslide hazard areas, or their buffers, or in the floodplain. |
8.14 Scientific, Cultural and Educational Facilities
Scientific, cultural and educational facilities include those sites, structures, or facilities that provide unique insight into our natural or cultural heritage.
Policies
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Policy 8.14.1 |
Work toward implementation of the Natural Historic Preservation Act of 1966 and the Washington State Parks and Recreation Commission Act (RCW 43.51) and provide wherever possible for the protection, rehabilitation, restoration, and reconstruction of districts, sites, buildings, structures, and objects significant in American, Washington State, or local history, architecture, archaeology, or culture. |
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Policy 8.14.2 |
Consult with the Washington State Office of Archaeology and Historic Preservation and professional consultants to review proposed project areas for potential valuable data and to establish procedures for salvaging that data. |
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Policy 8.14.3 |
Permanently preserve sites, where feasible, consistent with constitutional and statutory limitations, for scientific study and public observation. |
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Policy 8.14.4 |
Relocate historic structures, when deemed necessary to protect the resource from natural elements (e.g., Point Wilson Lighthouse from high wind and waves), in a manner that preserves the historic integrity of the structure and the site, as applicable, to the extent feasible. |
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Policy 8.14.5 |
Provide for site inspections and an evaluation of a professional archaeologist. Ensure that archaeological data is properly salvaged by attaching special conditions to development activities in areas known to contain archaeological data. |
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Policy 8.14.6 |
Prevent public or private developments from destroying or destructively altering potential or recognizable sites having historic, cultural, scientific, or educational value as identified by appropriate authorities wherever feasible, consistent with constitutional and statutory limitations. |
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Policy 8.14.7 |
Ensure that excavation activities are conducted in compliance with the applicable policies and standards of this Master Program. |
Development Regulations
|
DR-8.14.1 |
No development or substantial development shall be undertaken with regard to a site or structure that has probable historical, scientific, or archaeological significance until an evaluation of the site or structure has been made by an authority judged competent in such matters by the Shoreline Administrator. |
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DR-8.14.2 |
All feasible means shall be employed to ensure that data, structures, and sites having historical, scientific, educational, or archaeological significance are extracted, preserved, or used in a manner commensurate with their importance. |
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DR-8.14.3 |
Consistent with constitutional and statutory limitations, public and private developments shall be located and designed to prevent destruction and alteration of sites having historic, cultural, scientific, or educational value as identified by appropriate authorities. |
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DR-8.14.4 |
All shoreline permits shall contain provisions that require developers to immediately stop work and notify the City of Port Townsend if any items of archaeological or historical interest are uncovered during excavation. In such cases, the developer shall be required to allow site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological/historical data are properly salvaged. |
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DR-8.14.5 |
The establishment, restoration, or revitalization of historical, archaeological, scientific, or educational facilities shall be done in such a manner that would cause minimal disturbance to adjacent properties as well as natural features of the shoreline. |
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DR-8.14.6 |
Excavation of Indian artifacts shall be conducted in compliance with the Washington State Archaeological Sites and Resources Act (RCW 27.53). |
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DR-8.14.7 |
Excavation activities shall be conducted in compliance with the applicable policies and standards of this Master Program. |
8.15 Transportation Facilities
Transportation facilities are those structures and developments that aid in land and water surface movement of people, goods, and services. They include roads and highways, bridges and causeways, ferry terminals, railroad facilities, and boat and floatplane terminals. Under this master program, bikeways, walkways and trails are addressed under Section 8.12 “Recreational Facilities”.
Policies
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Policy 8.15.1 |
Discourage the location of new major highways, freeways or railroads in the shoreline jurisdiction. |
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Policy 8.15.2 |
Reserve new roads for local access traffic or to connect to and serve existing transportation facilities. |
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Policy 8.15.3 |
Avoid unnecessary duplication of roads by making use of existing roads where practicable. New wetland crossings by roads or trails should be avoided. |
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Policy 8.15.4 |
Plan road locations to fit the topography so alterations of natural conditions will be minimized. |
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Policy 8.15.5 |
Make provisions for scenic corridors safe pedestrian and other non-motorized travel when designing new public roadways. Also, provisions should be made for sufficient viewpoints, rest areas, and picnic areas in public shorelines. |
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Policy 8.15.6 |
Coordinate plans for transportation facilities with land use. Plans for transportation facilities should be consistent with the Port Townsend Comprehensive Plan. |
Development Regulations
|
DR-8.15.1 |
When feasible, major highways and railroads shall be located away from the shoreline. |
|
DR-8.15.2 |
Whenever possible, roads shall be located on natural benches, ridge tops, or other areas where alteration of natural features such as soils will be minimal. |
|
DR-8.15.3 |
Roads shall be located to avoid critical areas. Landfills for transportation facility development are prohibited in water bodies, wetlands, and on accretion beaches, except when all structural and upland alternatives have been proven infeasible and the transportation facilities are necessary to support uses consistent with this program. Such landfill may be permitted as a Conditional Use Permit and must comply with the provisions of Section 9.6, "Landfills." |
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DR-8.15.4 |
Roads and waterway crossings shall be prohibited within wetlands or critical fish and wildlife conservation areas except when all upland alternatives have been proven infeasible and the transportation facilities are necessary to support uses consistent with this program: When permitted, these facilities shall be: |
a. The minimum width to accommodate the anticipated use.
b. Designed so the integrity of the naturally occurring geohydraulic process is maintained.
c. Designed to provide minimal disturbance to banks.
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DR-8.15.5 |
Culverts, bridges and similar devices shall be designed to pass water, sediment, and debris loads anticipated under appropriate hydraulic analysis. |
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DR-8.15.6 |
All roads and drainage systems shall be maintained to prevent erosion and/or water quality degradation. |
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DR-8.15.7 |
Mechanical apparatus, rather than chemicals, shall be used for brush clearing maintenance wherever practicable. |
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DR-8.15.8 |
Herbicides used for maintenance along roads and drainage systems shall follow the performance standard outlined under "Chemical Application" of the "Clearing, Grading and Vegetation Management" subsection. |
|
DR-8.15.9 |
Road routes shall make provisions for pedestrian, bicycle, and other non-motorized modes of travel whenever feasible. |
|
DR-8.15.10 |
In compliance with RCW 36.87.130 and RCW 35.79.030, the City of Port Townsend shall not vacate a road or part thereof that abuts on a body of salt or fresh water, unless the purpose of the vacation is to enable any public authority to acquire the vacated property for port purposes, boat moorage or launching sites, or for park, view point, recreational, educational, or other public purposes, or unless the property is zoned for industrial purposes. Further, such vacation shall not be accomplished for any purpose that is not consistent with this Master Program, and then only when all appropriate federal, state, and local permits have been issued for the intended use. |
Ferry Terminals
|
DR-8.15.11 |
Limited food service may be allowed as an accessory use within the waiting area of a publicly owned and operated ferry terminal. Said facilities shall be limited in size to serve passengers and employees. |
8.16 Utilities (Primary)
Utilities are services and facilities that produce, transmit, carry, store, process, or dispose of electric power, water, sewage, communications, oil, gas, stormwater, and the like. The provisions in this section apply to primary use and activities such as sewage treatment plants, sewer lift pumps, stormwater outfalls and fuel storage facilities. On-site utility features serving a primary use, such as water, sewer or gas line to a residence, are "accessory utilities" and shall be reviewed as appurtenances to the primary use (in this example, the residential use).
Utilities are further described as major and minor to allow for a simplified permit process for minor utility improvements. As used in this Master Program, major utilities include substations, pump stations, treatment plants, sanitary sewer outfalls, regional stormwater outfalls, electrical transmission lines greater than 55,000 volts, water, sewer or storm drainage mains greater than eight (8) inches in diameter, major recycling facilities (as defined by the PTMC) gas and petroleum transmission lines, and submarine telecommunications cables. Minor utilities include local public water, electric, minor recycling facilities (as defined by the PTMC), natural gas distribution, public sewer collection, cable and telephone service and appurtenances.
Wireless facilities are described in the use table (Chapter 5) as macro, mini, and micro consistent with the city’s “Personal Wireless Service
Facilities” ordinance codified in Chapter 17 of the Port Townsend Municipal Code.
Policies
|
Policy 8.16.1 |
Incorporate, to the extent feasible, major utility corridors on shorelines into the city’s programs and plans for public access to and along water bodies. |
|
Policy 8.16.2 |
Prohibit solid waste disposal activities and facilities, other than minor recycling facilities as defined by the PTMC, in shoreline areas. |
|
Policy 8.16.3 |
Locate utilities outside of critical areas and their buffers as required by Chapter 6 of this Master Program and Chapter 19.05 PTMC. |
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Policy 8.16.4 |
Ensure that whenever utilities must be placed in a shoreline area, the location is chosen to: |
a. Meet the needs of future populations in areas planned to accommodate this growth.
b. Utilize existing transportation and utility sites, rights-of-way and corridors, whenever possible. Joint use of rights-of-way and corridors should be encouraged.
c. Preserve scenic views and aesthetic qualities of the shoreline area.
d. Be located such that shoreline defense works will not be required for the life of the project.
e. Sewage treatment, water reclamation, desalinization, and power plants should be located where they do not interfere and are compatible with adjacent uses of the water and shore lands.
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Policy 8.16.5 |
Restore the land/substrate to its pre-project configuration upon completion of installation/maintenance of utilities in shorelines, Disturbed areas should be replanted with native species, and be provided with irrigation and maintenance care until the newly planted vegetation is established. |
Development Regulations
General
|
DR-8.16.1 |
Utility development shall, through coordination with local government agencies, provide for compatible, multiple uses of sites and rights-of-way. |
|
DR-8.16.2 |
Utilities shall be designed and installed to meet future needs when possible. |
|
DR-8.16.3 |
Personal wireless facilities shall comply with the city’s “Personal Wireless Service Facilities” ordinance codified in Chapter 17 of the Port Townsend Municipal Code. |
Uses
|
DR-8.16.4 |
The following utilities are prohibited within the shoreline jurisdiction: |
a. Solid waste disposal and transfer facilities, other than minor recycling facilities as defined by the PTMC
b. 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.
c. Fuel storage facilities (excepting fuel storage that is accessory to a permitted use).
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DR-8.16.5 |
Minor utilities are allowed as a permitted use provided that, within the Natural and Conservancy designations, it has been determined that no other feasible alternative exists |
|
DR-8.16.6 |
Upgrades to existing major utilities are permitted. |
|
DR-8.16.7 |
The following new major utility facilities may be permitted as a conditional use if it can be shown that no reasonable alternative exists. |
|
DR-8.16.8 |
Applications for the installation of major utility facilities shall include the following: |
a. Description of the proposed facilities;
b. Reasons why the utility facility requires a shoreline location;
c. Alternative locations considered and reasons for their elimination;
d. 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;
e. Plans for reclamation of areas disturbed both during construction and following decommissioning and/or completion of the useful life of the utility;
f. Plans for control of erosion and turbidity during construction and operation; and
g. Identification of any possibility for locating the proposed facility at another existing utility facility site or within an existing utility right-of-way.
Location
|
DR-8.16.9 |
Utilities shall be located adjacent to or within existing utility or circulation easements or rights-of-way whenever feasible. Joint use of rights-of-way and corridors is encouraged. |
|
DR-8.16.10 |
Sewage treatment, water reclamation, desalinization, and power plants shall be located to minimize interference with adjacent uses of the water and shore lands. |
Public Access
|
DR-8.16.11 |
When feasible, 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. Public access easements shall be a minimum of twenty-five (25) feet in width and shall comply with the public access standards contained in this Master Program (see Chapter 7, “Public Access”). |
Environmental Protection
In addition to the General Environmental Policies presented in Chapter 6, Sections 6.3-6.4, utilities shall comply with the following standards:
|
DR-8.16.12 |
Utilities shall be located, designed, constructed, and operated so as to assure no net loss of shoreline ecological functions, preserve the natural landscape, and minimize conflicts with present and planned land and shoreline uses. |
|
DR-8.16.13 |
To protect aesthetic qualities of the shoreline, new utility lines including electricity, communications, and fuel lines shall be located underground where feasible as determined by the Shoreline Administrator. |
|
DR-8.16.14 |
Utility developments shall be located and designated so as to avoid, to the extent practicable, the need for any structural or artificial shoreline modification works for the life of the project. |
|
DR-8.16.15 |
Utilities located in flood prone areas shall be provided with adequate flood protection and shall not be installed to increase flood hazard or other damage to life or property. |
|
DR-8.16.16 |
Underwater construction of utilities or construction in adjacent wetlands shall be timed to avoid fish and wildlife migratory and spawning periods. |
|
DR-8.16.17 |
Installation of utilities shall assure the prevention of siltation or beach erosion. |
|
DR-8.16.18 |
Upon completion of installation/maintenance of utilities in shorelines, the land/substrate shall be restored to its pre-project configuration, replanted with native species, and be provided with maintenance care until the newly planted vegetation is established. |