ORDINANCE NO. 394
AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON ACCEPTING THE SHORELINE MASTER PROGRAM UPDATE DRAFT.
Whereas, the Town has in existence a Shoreline Master Program, and
Whereas, the Town desires to update their Shoreline Master Program and held a public hearing on June 6, 2000, and
Whereas, the updated Shoreline Master Program draft is to be submitted to the Washington State Department of Ecology, and
Whereas, the Shoreline Master Program Update draft is consistent with the Town's Comprehensive Plan and has no adverse environmental affect.
Now, therefore, the Town Council of the Town of South Prairie, Pierce County, Washington do ordain as follows:
Section 1:, The Town hereby accepts the Shoreline Master Program Update Draft attached hereto and incorporated by reference as Exhibit "1".
Section 2: That the Town Clerk is requested to transmit a copy of the Shoreline Master Program Update Draft to the Washington State Department of Ecology on or before June 15, 2000.
Section 3: If any provision of this ordinance, or the Shoreline Master Program Update Draft attached hereto is determined to be invalid or unenforceable for any reason,
the remaining provisions of this ordinance, and/or the Shoreline Master Program Update Draft shall remain in force and affect.
Section 4: This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as required by law.
Mayor Layne Ross
INTRODUCED 6-13 -2000
APPROVED: 6-13- 2000
Marla Nevill Town Clerk
Approved as to form:
Michael J. Reynolds Town Attorney
PART I GENERAL
These definitions are based, in part, on the changes in Department of Ecology's proposed Shoreline Master Program guidelines dated December 17, 1999. Definition given for the terms in this Master Program apply only to their use under the jurisdiction of this Master Program as defined in Chapter 90.58 RCW. Some terms may have different definitions and applications under other regulations and ordinances.
These definitions will be made part of the Town of South Prairie Unified Development Ordinance, Chapter 15.04.020. The definitions will be merged in alphabetical order with definitions already in the Ordinance. If duplicative definitions appear, the Town Planner's interpretation shall prevail, unless appealed to the Town Council and changed by the Town Council.
When not consistent with the context, words used in the present tense shall include the future, the singular shall include the plural, and the plural shall include the singular. The word "shall" means mandatory, the word "should" means recommend by but not required, and the word "may" means permissive. For the purpose of this Master Program, certain words and terms shall be interpreted or defined as follows:
Accessory use: A use that is demonstrably subordinate and incidental to the principle use and which functionally supports its activity.
Act: The Washington State Shoreline Management Act (Chapter 90.58 RCW), as amended.
Advertising: Publicly displayed messages or signs, billboards, placards, or buildings that direct attention to promotion of a business, service, or product. On-premise advertising is that which is actually located on the site of the business or service advertised.
Agriculture: The cultivation of soil, production of crops, or the raising of livestock.
PART I GENERAL
Applicable Master Program: The Master Program approved or adopted by the Washington State Department of Ecology pursuant to Chapter 90.58.090 RCW or Chapter 90.58.190 RCW.
Aquatic: All water bodies, including marine waters, lakes, rivers, and streams and their respective water columns and underlying lands, which are defined as shorelines of the state.
Archaeology: The systematic recovery by scientific methods of material evidence remaining from man's life and culture in past ages, and the detailed study of this evidence.
Associated wetlands: Those marshes, bogs, swamps and similar water retention areas that are in proximity to and influence or are influenced by streams, rivers, lakes, or tidal waters (Chapter 173-22-030(5) WAC).
Average grade level: The average of the natural or existing topography of the portion of the lot, parcel, or tract of real property that will be directly under the proposed building or structure. In the case of structures to be built over the water, the average grade level shall be the elevation of the ordinary high water. The calculation of the average grade level shall be made by averaging the elevations at the midpoint of the proposed building or structure
Berms: A linear mound of sand or gravel that is placed parallel to the shore at or above the ordinary high water mark.
Boat Launch: A slab, pad, plank, rail, or graded slope used for launching boats by means of a trailer, hand, or mechanical device.
Bog: A shallow water area that may be filled by sedimentation and the decaying of vegetation (Chapter 173-22-030(5) WAC).
Bulkheads: A wall-like structure generally placed parallel to shore to retain an upland and fill prone to sliding or sheet erosion, and to protect an upland from erosion by wave action.
Campground: An outdoor area established for overnight accommodation of recreational user.
Channel migration zone: The area of a river corridor where the active channel is prone to lateral movement, usually evidenced by abandoned channels, recent sediment, topographic changes, and vegetation character. The channel migration zone generally
South Prairie Unified Development Ordinance 415/def 2
PART 1 GENERAL
consists of the area that a stream has occupied or could be expected to occupy within the time it would take the trees to reach their mature height.
Commercial: Uses and facilities that are involved in wholesale or retail trade or business activities.
Conditional use: A use, development, or substantial development which is classified as a conditional use or is not classified within the Master Program. A use which varies from the designated uses is considered a conditional use.
Conservancy: An area with valuable natural, cultural, or historical resources. County: Pierce County, Washington.
Creek: A small stream; often a shallow or intermittent tributary to a river. Surface water run-off flowing in a natural or modified channel that is drawn by gravity to progressively lower levels and eventually to the sea.
Department: The Department of Ecology.
Developed shorelines: Those shoreline areas that are characterized by existing uses or permanent structures located within shoreline jurisdiction.
Development: A use consisting of the construction or exterior alteration of structures; dredging, drilling, dumping, filling, and removal of any sand, gravel, or minerals; constructing bulkheads, driving piles, or placing of obstructions; or any project of a permanent or temporary nature that interferes with the normal public use of the surface of the waters overlying lands subject to the Shoreline Management Act and this Master Program at any state of water level.
Dike: An artificial dirt or rock rip-rap bank that parallels a stream to retard erosion or prevent flooding.
Dock: A fixed structure floating upon a water body.
Dredging: The removal of earth, sand, gravel, silt, or debris from the bottom of a stream, river, lake, bay, or other water body and associated wetlands.
Ecological: Pertaining to the interrelationship of living things to one another and to their environment.
South Prairie Unified Development Ordinance 415/def 3
PART 1 GENERAL
Ecological functions and natural shoreline functions: Those natural
physical, chemical, and biological processes that contribute to the proper functioning and maintenance of the aquatic and terrestrial ecosystems. Ecological functions relevant to specific types of shorelines are further defined as follows:
a. Riparian: Flood attenuation: Reducing peak flows and downstream erosion. Water quality improvement: Removing nutrients and toxic compounds. Dynamic sediment processes: Sediment removal, stabilization, transport, and deposition. Habitat for: Threatened, endangered, and priority species as defined in the Endangered Species Act (whatever they may be in the jurisdiction); aquatic and shoreline-dependent birds, invertebrates, and mammals; amphibians: and anadromous and resident native fish..
b. Lacustrine: Water quality improvement: Removing nutrients and toxic compounds and removing and/or stabilizing sediments. Habitat for: Threatened, endangered, and priority species (whatever they may be in the jurisdiction); aquatic and shoreline-dependent birds, invertebrates, and mammals; amphibians; and anadromous and resident native fish.
Ecosystem-wide processes: The dominating physical and geological processes of erosion, transport, and deposition and specific chemical processes (e.g., flocculation) that shape landforms within a specific shoreline ecosystem and determine both the types of habitat that are present and the associated ecological functions and their processes listed as follows:
a. Riparian fluvial processes: Landform and channel erosion; sediment transport and load in channel and overbank; channel dynamics, including channel gradation and migration; and changes in channel form during flooding.
Erosion: The group of natural processes including weathering, dissolution, abrasion, corrosion, and transporting by which earthy or rocky material is removed from any part of the earth's surface.
Exempt developments: Those developments which are not required to obtain a substantial development permit under Chapter 90.58.030(3)(e) RCW, but which must otherwise comply with applicable provisions of the Shoreline Management Act and the Master Program.
Exemption: Authorization from Town of South Prairie which establishes that an activity is exempt from substantial development permit requirements under Chapter 173-27-040 WAC, but subject to regulations of the Shoreline Management Act and this Master Program.
South Prairie Unified Development Ordinance 415/def 4
PART 1 GENERAL
Fair market value: For a development, it is the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed, or found labor, equipment or materials.
Feasible: For the purpose of this Master Program, "feasible" means that an action meets all of the following conditions:
a. It can be accomplished with technologies and methods that have been used in the past or if studies or tests have demonstrated that such technologies are likely to achieve the intended results;
b. It provides a reasonable likelihood of achieving its intended purpose; and
c. It does not preclude achieving the project's primary intended use. In cases where this Master Program requires certain actions unless they are infeasible, the burden of proving infeasibility is placed upon the applicant.
Fill: The addition of soil, sand, rock, gravel, sediment, or other material to an area waterward of the ordinary high water mark, in wetlands, or on upland areas in a manner that raises the elevation or creates dry land.
Flood Plain: Is synonymous with the term "one hundred-year floodplain" and means that land area susceptible to being inundated by stream-derived waters with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the act.
Floodway: Those portions of the area of a river valley lying streamward from the outer limits of a water course upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually; the floodway being identified under normal conditions by changes in surface soil conditions or changes in types or quality of vegetative ground cover conditions. The floodway shall not include those lands that can reasonably be expected to be protected from waters by flood control devices contained by or maintained under license from the federal government, the state, or a political subdivision of the state.
PART 1 GENERAL
Forestry: Methods used for the protection, production, harvesting, and transporting of timber resources.
Geotechnical report or geotechnical analysis: A scientific study or evaluation conducted by a qualified expert that includes a description of the site hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geological hazards or processes. The evaluation also includes conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified engineers or geologists who are knowledgeable about the regional and local geology.
Grading: The movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land.
Guidelines: Those standards adopted to implement the policy of the Shoreline Management Act for regulation of use of the shorelines of the state prior to adoption of the master programs and which serve as criteria in the development of the Town of South Prairie Shoreline Management Master Program.
Height: A measurement from average grade level to the highest point of a structure. Television antennas, chimneys, and similar appurtenances are not used in calculating height, except where they obstruct the view of a substantial number of residences, or where this Master Program provides otherwise. Temporary construction equipment is not used in calculating height.
Historic: Having considerable importance or influence in history; historical.
Industry: The production, processing, manufacturing, or fabrication of goods or materials. Warehousing and storage of materials or production is considered part of the industrial process.
In-stream structure: A human-made structure placed within a steam or river waterward of the ordinary high-water mark that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service, transmission, fisheries enhancement, or other purposes.
South Prairie Unified Development Ordinance 415/def
PART I GENERAL
Island: A land mass completely surrounded by water.
Lake: A body of standing water located inland, generally distinguished from marshes, bogs, and swamps by its greater depth.
Landfill: see "fill"
Marsh: An area of low-lying wet land; a fen, swamp, or bog. (Reference Chapter 173-22 WAC).
Master Program: The comprehensive management plan for a described shoreline and water surface area and the use regulation together with maps, diagrams, charts, or other descriptive material and text; a statement of desired goals and standards developed in accordance with the policies enunciated in Chapter 90.58.020 RCW and its guidelines under Chapter 173-16 and 173-27 WAC.
Mining: The removal of naturally occurring rock, sand, gravel, and minerals from the earth.
Mitigation or mitigation sequencing: The process of avoiding, reducing, or compensating for the environmental impact(s) of a proposal, including the following listed in the order of sequence priority, with measure (a) being top priority:
a. Avoiding the impact altogether by not taking a certain action or parts of an action;
b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;
c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
d. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;
e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and
Natural: A shoreline possessing unique or fragile features, whether natural or cultural, that are totally or essentially unaltered from their natural state or are relatively
South Prairie Unified Development Ordinance 415/def 7
PART I GENERAL
intolerant of human use other than for passive historical, cultural, scientific, archaeological, or educational activity.
Natural or existing topography: The topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling.
Natural shoreline functions: See 'ecological functions."
Non-conforming use or development: A shoreline use or development which was lawfully constructed or established prior to the effective date of the act or the applicable master program, or amendments thereto, but which does not conform to present regulations or standards of the program.
Nonpoint pollution: Pollution not originating from a specific point such as a wastewater outfall.
Nonwater-oriented uses: Those uses that are not water-dependent, water-related, or water-enjoyment.
Ordinary high water (mark): That mark on all lakes, streams, and tidal waters that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland in respect to vegetation as that condition exists on June 1, 1971 or as it may naturally change thereafter; or as it may change thereafter in accordance with permits issued by the local government or the Washington State Department of Ecology; provided that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining fresh water shall be the line of mean high water.
Parking facilities: Areas providing for the storage of motor vehicles, including vista parking facilities.
Party of record: All persons, agencies or organizations who have submitted written comments in response to a notice of application; made oral comments in a formal public hearing conducted on the application; or notified local government of their desire to receive a copy of the final decision on a permit and who have provided an address for delivery of such notice by mail.
Performance standard: Regulations, which include bulk and dimensional standards, that are applied to the design and function of a development or use.
South Prairie Unified Development Ordinance 415/def 8
PART 1 GENERAL
Permit: Any substantial development, variance, conditional use permit, or revision authorized under Chapter 90.58 RCW, the Shorelines Management Act.
Person: An individual, firm, partnership, corporation, association, organization, agency, or any non-federal entity however designated.
Point: A low profile beach promontory, generally of triangular shape whose apex extends seaward.
Primary use: A use that is deemed preferable with the definition and policy of a particular shoreline designation.
Provisions: Policies, regulations, standards, guideline criteria or designations.
Public interest: The interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from a use or development.
Recreational facilities: Facilities such as parks, trails and pathways, campgrounds, and swim rafts that provide a means for relaxation, play, or amusement.
Rehabilitation or ecological rehabilitation: The significant upgrading of ecological shoreline functions and values such as revegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials.
Residence: A dwelling and those structures and developments within a contiguous ownership that are normal appurtenances. An appurtenance is necessarily connected to the use and enjoyment of a residence and is located landward of the perimeter of a marsh, bog, or swamp and landward of the ordinary high water mark. A normal appurtenance includes a garage, deck, driveway, utilities, fences, and grading that does not exceed 250 cubic yards (except to construct a conventional drain field).
Residential development: The development of land and/or construction or erection of dwelling units for the purpose of residential occupancy.
Restoration or ecological restoration: The significant upgrading of ecological shoreline functions through measures such as revegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials.
River: A large natural stream of water emptying into any ocean, lake, or other body of water, and usually fed along its course by converging tributaries.
South Prairie Unified Development Ordinance 415/def 9
PART I GENERAL
Scientific and educational facilities: Those sites, structures, or facilities that provide unique insight into our natural and cultural heritage.
Secondary use: A use that is not automatically deemed preferable within the definition and policy of a particular shoreline designation.
Shorelands or shoreland areas: Those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark, floodways and contiguous floodplain areas landward two hundred feet from such floodways, and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the Department of Ecology. Shorelands are distinguished from shorelines in that shorelines extend waterward from the ordinary high water mark to the Town Limits line, while shorelands extend landward from the ordinary high water mark for 200 feet.
Shoreline areas and shoreline jurisdiction: All "shorelines of the state" and "shorelands" as defined in Chapter 90.58.030 RCW.
Shoreline Management Act: A law passed by the Washington State Legislature in 1971 and ratified by the voters in 1972 (Chapter 90.58 RCW).
Shoreline Master Program: The local government's procedures, administrative interpretation and development regulations to direct development activities which occur within areas of its shoreline jurisdiction.
Shoreline modification activities: Those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, dredged basin, landfill, or bulkhead.
They can include other actions, such as clearing, grading, or application of chemicals.
Shoreline permit: A permit to conduct a development or use as defined by Chapter 90-58 RCW and this Master Program. A shoreline permit means any form of permission required under Chapter 90.58 RCW prior to undertaking activity on Shorelines of the State, including substantial development, conditional use or variance permits.
Shoreline property: An individual property wholly or partially within shoreline jurisdiction.
Shorelines: All the water area of the Town of South Prairie, including reservoirs and their associated shorelands, together with lands underlying them, except:
South Prairie Unified Development Ordinance 415/def 10
PART 1 GENERAL
a. Shorelines or segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the shorelands associated with such upstream segments.
b. Shorelines on lakes less than twenty acres in size and shorelands associated with such small lakes.
Shorelines of State-wide Significance: There are no shorelines of statewide significance in the Town of South Prairie.
Shorelines of the State: The total of all shorelines and shorelines of statewide significance.
Significant vegetation removal: The removal of trees, shrubs, and/or ground cover by clearing, grading, cutting, chemical means, or other activity that threatens the viability of shoreline vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, where it does not affect ecological functions. does not constitute significant vegetation removal.
Spit: A narrow point of land extending into a body of water.
State Master Program: The cumulative total of all master programs approved or adopted by the Department of Ecology.
Storm water: Rain or snow melt that does not naturally infiltrate into the ground but runs off surfaces such as rooftops, streets, or lawns, directly or indirectly, into streams and other water bodies or through constructed infiltration facilities into the ground.
Stream: A body of running water; especially such a body moving over the earth's surface in a channel or bed, as a brook, or river.
Structure: A permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner on, above, or below the surface of the ground or water.
Substantially degrade: To cause damage or harm to an area's ecological functions. An action is considered to substantially degrade the environment if:
a. The damaged ecological function or functions affect other related functions or the viability of the larger ecosystem; or
South Prairie Unified Development Ordinance 415/def 11
PART I GENERAL
b. The degrading action may cause damage or harm to shoreline ecological functions under foreseeable conditions; or
c. Scientific evidence indicates that the action may contribute to damage or harm to ecological functions as part of cumulative impacts from similar permitted development on nearby shorelines.
Substantial Development: Any development that:
a. The total cost or fair market value exceeds $2,500; or
b. Materially interferes with the normal public use of the water or shorelines of the state.
Suburban: Areas where residential activity may approach urban density, but usually where densities permit space for small numbers of livestock, gardens, or wood lots. These areas are served by individual or community water supplies, but generally are not linked with utilities from an urban center. Commercial activities to serve the needs of the immediate area are considered an integral part of this description.
Swamp: A lowland region saturated with water (Chapter 173-22 WAC). Town: The incorporated Town of South Prairie, Washington.
Transmit: To send from one person or place to another by U.S. mail, or hand delivery. The date of transmittal for mailed items is the date that the document is certified for mailing or, for hand-delivered items, is the date of receipt at the destination.
Transportation facilities: Passageways for motorized vehicles or trains, including but not limited to such devices as bridges, trestles, ramps, or culverts.
Uplands: Generally described as the area above and landward of the Ordinary High Water Mark.
Urban: An area of high intensity land use, including residential, commercial, and industrial development. This does not necessarily include all shorelines within an incorporated Town, but is particularly suited to those areas planned to accommodate urban expansion.
Urban growth: Growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of land for the production of food, other agricultural products, or fiber, or
South Prairie Unified Development Ordinance 415/def 12
PART I GENERAL
the extraction of mineral resources, rural uses, rural development, and natural resource lands designated pursuant to Chapter 36.70A.170 RCW. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.
Urban growth area: Those areas designated by a county pursuant to Chapter 36.70A.110 RCW, inside of which urban growth will be encouraged, and outside of which growth must be rural in character.
Urban governmental services or urban services: Those public services and public facilities at an intensity historically and typically provided in cities, specifically including storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with rural areas.
Utility: A service or facility that produces, transmits, stores, processes, or disposes of electrical power, gas, water, sewage, communications, and the like.
Variance: A means to grant relief from the specific bulk, dimensional or performance standards set forth in the applicable master program and not a means to vary a use of a shoreline.
Vegetative stabilization: Planting of water-loving land vegetation upon shoreline banks, slopes, or berms to retain soil and retard erosion from surface run-off; planting of aquatic vegetation offshore to and retain bottom materials; and utilizing temporary structures or netting to enable plants to establish in unstable areas.
Waste disposal: Refuse composed of garbage, rubbish, ashes, dead animals, demolition wastes, automobile parts, and similar material.
Water-dependent use: A use or a portion of a use which cannot exist in a location that is not adjacent to the water but is dependent on the water by reason of the intrinsic nature of its operations. Examples of water-dependent uses may include fishing, irrigation facilities, and sewer outfalls.
Water enjoyment use: A recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or, a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which, through the location, design, and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and
South Prairie Unified Development Ordinance 415/def 13
PART 1 GENERAL
the shoreline oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to:
a. Parks with activities enhanced by proximity to the water;
b. Piers and other improvement that facilitate public access to the shorelines;
c. Restaurants with water views and public access improvements;
d. Museums with an orientation to shoreline topics;
e. Scientific/ecological reserves;
f. Resorts with uses open to the public and public access to the shoreline; and
g. Any combination of the uses listed above.
Water-oriented use: A use that is water-dependent, water-related, or water-enjoyment use, or a combination of such uses.
Non-water-oriented use: Upland uses which have little or no relationship to the shoreline. All uses which do not meet the definition of water-dependent, water-related, or water-enjoyment are classified as non-water-oriented uses.
Water-related use: A use or portion of a use which is not intrinsically dependent on a waterfront location, but whose economic viability is dependent upon a waterfront location because:
a.. The use provides a necessary service supportive of the water-dependent activities and the proximity of the use to its customers makes its services less expensive and/or more convenient.
Waterway: A river, channel, canal, or other navigable body of water used for travel or transport.
Wet land: Those areas within the shoreline jurisdictional boundaries that are not continuously dry and are defined as marshes, bogs, or swamps in Chapter 173-22 WAC.
Wetland: Areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated conditions.
South Prairie Unified Development Ordinance 415/def 14
PART I GENERAL
Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990 that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. Identification of wetlands and delineation of their boundaries under the Master Program shall be performed in accordance with the criteria and indicators listed in Chapter 173-22-080 WAC. These criteria and indicators along with recommended methods and additional background information can be found in the Washington State Wetland Identification and Delineation Manual, Ecology Publication #96-94.
South Prairie Unified Development Ordinance 415/def 15
PART 3 ZONING
SHORELINE OVERLAY DISTRICT
17.04.080.015 Administration DRAFT
(1) Town Planner
17.04.080.020 Application of Regulations
17.04.080.025 Shoreline Environments - Urban
(1) Urban Residential Environment
17.04.080.030 Shoreline Environment Guidelines (1) Urban Shoreline Environment
(A) Purpose and Intent
(D) Management Objectives
(E) Permitted Uses
(F) Conditional Uses
17.04.080.035 Shoreline Use Activities
(1) Commercial Development
(2) Residential Development
(3) Clearing and Grading
(4) Erosion Control
(5) Renewable Resource Activities
(6) Docks, Piers, and Other Water/Land Connectors
(7) Shoreline Works and Structures
(D) Shoreline Protection
(8) Road and Design and Construction
(9) Bridges and Water Control Devices
South Prairie Unified Development Ordinance 415dr 1
PART 3 ZONING
(13) Solid Waste Disposal
17.04.080.045 Shoreline Development Guidelines
(1) Affect on Other Regulations, Permits, and Agreements
(2) Siting Regulations
(3) Valuable Site and Structure Regulations
(4) Flood Hazard Area Regulations
(5) Public Access
(7) Stormwater Management
17.04.080.050 Wetlands and Critical Areas
Adoption of documents
Exception to Wetland Buffer and Fill Restrictions
Urban Shoreline Environment
Conservancy and Natural Shoreline Environment
(A) Categories of Wetlands
17.04.080.060 Shoreline Permits
Permit Application Form
Site Development Plan
Review Criteria for Shoreline Permits
(A) Review Criteria for Shoreline Substantial Developments
(B) Review Criteria for Shoreline Conditional Uses
(C) Review Criteria for Shoreline Variances
South Prairie Unified Development Ordinance 415dr
PART 3 ZONING
Determination of Completeness
Notice of Application
Notice of Final Decision
Filing with Department of Ecology
Time Limits Within Which Permits Must Be Begun and Completed
Revisions to Approved Permits
Notification of Commencement of Exempt Development
(1) State-level Appeal
(2) Local-level Appeal
17.04.080.070 Amendments and Boundary Changes
17.04.080.075 Permit Violations
(1) Revocation of Permits
17.04.080.080 Potential Conflicts Between South Prairie's Comprehensive Land Use, Shoreline, and Zoning Map
17.04.080.085 Notes on South Prairie Comprehensive Land Use, Shoreline, and Zoning Map
(1) South Prairie Creek
South Prairie Unified Development Ordinance 415dr 3
TOWN OF SOUTH PRAIRIE
INTRODUCTION Shorelines Defined
Under RCW 90.58.030, "shorelines" is defined as "all water areas of the state, including wetlands and their associated wetlands, together with the lands underlying them; except (i) shorelines of statewide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments...." In order to be classified as a shoreline of statewide significance, a river must have a mean annual flow of a minimum of one thousand (1,000) cubic feet per second (cfs). The only shoreline in the Town of South Prairie is the shoreline around South Prairie Creek, which fits the shorelines definition. In South Prairie, there are no shorelines of statewide significance.
The shoreline jurisdiction in South Prairie includes the "shorelands" of the South Prairie Creek, within the corporate boundaries of the Town. As defined under the Shoreline Management Act, shoreland areas or shorelands are:
"... those lands that extend landward for two hundred (200) feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred (200) feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are of a size large enough to be subject to the provisions of (the Shoreline Management Act); the same to be designated as to location by the Washington Department of Ecology. Any county or Town may determine that provision of a one hundred-year-flood plain to be included in its master program as
TOWN OF SOUTH PRAIRIE
long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred (200) feet therefrom."
As defined in this Comprehensive Plan, the South Prairie shorelands extend two hundred (200) feet from the ordinary high water mark (OHWM) and floodways and contiguous floodplain areas, two hundred (200) feet from such floodways; and all wetlands and river deltas associated with jurisdictional streams, lakes and tidal waters.
In South Prairie, the only shoreline is along the shores of south Prairie Creek. The shoreline under the jurisdiction of the Town of South Prairie is shoreline that lies within the corporate boundary of the Town.
GOALS AND POLICIES
Economic Development Element Goals and Policies
Purpose. As required by RCW 90.58.100(2)(a), this section addresses the location and design of industries, industrial projects of state-wide significance, transportation facilities, port facilities, tourist facilities, commerce and other developments that are particularly dependent on their location on or use of the shorelines of the state.
Goal. To promote healthy, orderly economic growth by encouraging economic activities that will be an asset to the local economy and which result in the least possible adverse effect on the quality of the shoreline and surrounding environment.
1. Protect current economic activity (e.g., shipping, marinas, aquaculture, agriculture, etc.) which minimize their effect upon the ecological functions and values of shoreline areas and provide for environmentally sensitive new development.
2. Give preference to water oriented industrial and commercial development and non water-oriented uses that are accessory to a water-oriented use.
TOWN OF SOUTH PRAIRIE
3. Encourage shoreline recreational uses as an economic asset that will enhance public enjoyment of the shoreline.
4. Locate new economic development activities in areas already partially developed with similar uses that are consistent with this Shoreline Master Program and the South Prairie Comprehensive Plan.
5. Encourage proponents of water-related and water-enjoyment commercial and industrial projects within shorelands to demonstrate that upland areas are less feasible for the desired economic activity.
Public Access Element Goals and Policies
Purpose. As required by RCW 90.58.100(2)(b), this section makes provision for public access to publicly owned shoreline areas. Shoreline public access is the physical ability of the general public to reach and touch the waters edge and/or the ability to have a view of the water and the shoreline from upland locations. There are a variety of types of public access including picnic areas, pathways and trails (including ADA), floats and docks, promenades, viewing towers, bridges, boat launches, street ends, ingress and egress, parking and others.
Goal. To protect and enhance shoreline visual and physical access consistent with the Act and the Public Trust Doctrine.
1. Expand the amount and diversity of shoreline public access opportunities consistent with the character, functions and values of the shoreline, private rights and public safety.
2. Consider public access in the review and approval of all development projects, except single-family residences.
3. Acquire (i.e., through purchase, donation or other agreement) and develop property to provide public access to the water's edge at regular intervals along the shoreline and at the ends of all public rights-of-way abutting the shoreline.
4. Ensure that publicly owned shoreline areas afford public access to the water's edge, where feasible and compatible with the functions and values of the shoreline ecology.
TOWN OF SOUTH PRAIRIE
5. Design and screen shoreline public access points to minimize objectionable impacts on adjoining properties.
6. Ensure that building and structural profiles (i.e., on shorelands and overwater in aquatic areas) are as low as possible to minimize visual impacts on the shoreline.
7. Minimize shoreline public access to areas easily damaged by human presence.
Recreation Element Goal and Policies
Purpose. As required by RCW 90.58.100(2)(c), this section addresses the preservation and enlargement of recreational opportunities, including but not limited to parks, tidelands, beaches, and recreational areas. Recreational development includes both public and private facilities for passive recreational activities such as hiking, viewing, photography, and fishing. It also includes facilities for active or more intensive uses such as parks, campgrounds, golf courses and other outdoor recreation areas.
Goal. To encourage diverse water-oriented recreational opportunities in shoreline areas that can reasonably tolerate such uses during peak use periods without destroying the integrity and character of the shoreline.
1. Coordinate with the Washington State Parks & Recreation Commission and the Pierce County Parks and Recreation Department to increase opportunities for water-oriented recreation.
2. Prohibit recreational facilities and activities that adversely affect the integrity and character of the shoreline, or which threaten fragile shoreline ecosystems.
3. Consider recreational needs in shoreline public access and conservation planning.
4. Consider both active and passive recreational needs in the development of recreational areas.
5. Support efforts of both the federal and state governments to acquire and develop additional shoreline properties for public recreational uses.
TOWN OF SOUTH PRAIRIE
Circulation Element Goals and Policies
Purpose. As required by RCW 90.58.100(2)(d), this section addresses the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other public utilities and facilities.
Goal. To develop efficient and economical transportation systems which assure the safe movement of people, while minimizing disturbances to the shoreline environment as well as conflicts among different users of the shoreline.
1. Site nonwater-dependent transportation and parking facilities as far upland from the land-water interface as possible to reduce interference with both the shoreline ecology as well as other more appropriate shoreline uses.
2. Route transportation corridors to harmonize with the topography and other natural characteristics of the shoreline.
3. Acquire and develop physical and visual public access along shoreline public roads (i.e., turnouts, viewpoints and rest areas) where appropriate given topography, views and natural features.
4. Where feasible, relocate existing shoreline transportation facilities that are disruptive to public shoreline access, and convert such rights-of-way to new public access routes.
Shoreline Use Element Goals and Policies
Purpose. As required by RCW 90.58.100(2)(d), this section addresses the proposed general distribution and general location and extent of the use on shorelines and adjacent land areas for housing, business, industry, transportation, agriculture, natural resources, recreation, education, public buildings and grounds, and other categories of public and private uses of the land. This section also addresses the pattern of distribution and location requirements of water uses, including aquaculture, recreation and navigation.
Goal. To establish and implement policies and regulations for land uses that are consistent with the requirements of the Shoreline Management Act and the Growth Management Act, and which promote shoreline use patterns that are compatible with the ecological functions and values of the shoreline environment.
TOWN OF SOUTH PRAIRIE
COMPREHENSIVE PLAN Policies:
1. Reserve shoreline areas for water-oriented uses, and discourage non-wateroriented uses, except for the following: uses accessory to water-oriented uses; single-family residences; and uses that are part of mixed-use developments supporting water-dependent uses.
2. Discourage uses that permanently and adversely alter the shoreline, or conflict with or pre-empt water-dependent uses.
3. Manage preferred shoreline uses (i.e., water-oriented uses and single family residential use) to maintain or enhance the ecological functions and values of shoreline areas and the character of the zones in which they are located.
4. Manage Town of South Prairie's shorelines according to the order of use preferences established in the Act:
a) Preserve the natural character of the shoreline;
b) Promote uses that result in long-term over short-term benefit;
c) Protect the resources and ecology of the shoreline;
d) Increase public access to publicly-owned areas of the shoreline; and
e) Increase recreational opportunities for the public along the shoreline.
5. Encourage the restoration of shoreline areas that have been degraded or diminished in ecological value and function as a result of past activities or catastrophic events.
6. Ensure that all new development in shoreline areas is consistent with the Land Use Element of the Comprehensive Plan and the Washington State Growth Management Act.
Conservation Element Goals and Policies
Purpose. As required by RCW 90.58.100(2)(f), this section addresses the preservation of natural resources, including but not limited to scenic vistas, aesthetics, and vital estuarine areas for fisheries and wildlife protection.
Goal. To preserve scenic and non-renewable natural resources and to encourage the preservation of renewable natural resources for the benefit of present and future generations.
TOWN OF SOUTH PRAIRIE
COMPREHENSIVE PLAN Policies:
1. Develop and implement shoreline management practices that ensure a sustained yield of renewable shoreline resources, while preserving, enhancing and restoring unique and nonrenewable shoreline resources (i.e., wetlands and critical wildlife habitat).
2. Regulate natural resource uses to minimize or eliminate adverse impacts to natural systems and the quality of the shoreline environment.
3. Where practicable, require reclamation and restoration of areas that are biologically and aesthetically degraded while maintaining appropriate use of the shoreline.
4. Preserve the scenic aesthetic vistas of shoreline areas to the greatest extent possible.
5. Establish and implement regulations that:
a) Preserve critical marine and terrestrial wildlife habitats;
b) Effectively control erosion and stormwater runoff; and
c) Maintain shoreline scenic and visual qualities.
6. Prohibit interference with the natural dynamic processes of shoreline formation and change except for compelling reasons of public necessity or benefit.
7. Maintain the character of the environment and protect fish and wildlife habitat and water quality by requiring vegetated buffer zones along shoreline areas.
8. Effectively regulate commercial timber harvesting to preserve the environmental and scenic qualities of the shoreline environment.
a) Require selective commercial timber harvesting within shorelands;
b) Prohibit all commercial timber harvesting within required shoreline vegetated buffer areas;
c) Prohibit clear-cutting within shorelands unless specifically permitted under an approved conversion option harvest plan or Class IV General forest practices permit.
TOWN OF SOUTH PRAIRIE
Historic, Cultural, Scientific and Educational Element
Goals and Policies
Purpose. As required by RCW 90.58.100(2)(g), this section addresses protection and restoration of buildings, sites, and areas having historic, cultural, scientific, or educational significance.
Goal. To identify, protect, preserve and restore significant archaeological, historic and cultural sites located in shorelands for educational and scientific purposes, as well as the enjoyment of the general public.
1. Protect archaeological, historic and cultural sites and buildings identified on any national, state or local historic register from encroachment by incompatible uses.
2. Where feasible, acquire archaeological, historical and cultural sites, through purchase or gift so as to ensure their protection and preservation for present and future generations.
3. Encourage educational projects and programs that foster a greater appreciation of the importance of shoreline management, maritime activities, environmental conservation and maritime history and heritage.
Purposes. The purposes of the "natural" environment are as follows:
1. To preserve and enhance those shoreland areas relatively free of human influence or possessing natural functions intolerant of human use. There are no natural environment shorelands in the corporate boundary of the Town of South Prairie.
TOWN OF SOUTH PRAIRIE
2. To restrict the intensities and types of uses permitted in order to maintain the integrity of the natural shoreland environment.
Designation criteria. The "natural" environment shall be applied to shoreland areas that are relatively free of human influence or disturbance and which possess any one or more of the following characteristics:
1 . Areas that are currently performing an important or irreplaceable function in the shoreline ecosystem.
2. Areas that have been degraded by development activities but which have the potential to be easily restored to a natural or near natural condition or are capable of natural regeneration if left undisturbed.
3. Areas representing ecosystems and geologic types that are of particular scientific and educational interest, including the following:
a. Areas which represent a high ecological quality of undisturbed natural areas; or
b. Areas with established histories of scientific research.
4. Areas considered critical wildlife habitat because they are currently documented as providing one of the following functions:
a. Providing food, water or cover and protection for any rare, endangered or threatened species, or for significant populations of flora or fauna during critical stages of their life cycle, and;
b. Serving as a seasonal habitat for concentrations of native fish and wildlife (e.g., migration routes, breeding sites, larval rearing grounds, or spawning sites).
5. Areas possessing severe development limitations, due to the presence of critical environmental features including:
a. High-risk landslide hazard areas;
b. Erosion hazard areas and feeder bluffs;
c. Frequently flooded areas; and
6. Outstanding or unique scenic features in their natural state, or areas having a high value in their natural states for low-intensity recreational uses.
415/GMA9 Shorelines Element - 8
TOWN OF SOUTH PRAIRIE
COMPREHENSIVE PLAN Management Policies:
1. Prohibit any use or activity that would substantially degrade the ecological functions or natural character of the shoreland area, including, but not necessarily limited to:
b. Commercial activities;
c. Industrial activities;
d. Forestry, except as directed to enhance the natural ecology;
f. Nonwater-oriented recreation; and
g. Roads and parking areas that can be located outside of natural designated shorelands.
2. Prohibit construction of new structural shoreline stabilization and flood control works except where there is a demonstrated need to protect ecological functions and mitigation is applied consistent with State Department of Ecology Shoreline Rules.
3. Allow limited access for scientific, historical, cultural, educational, and low intensity recreational purposes, provided that no significant adverse impact on the area will result.
4. Ensure that uses and activities permitted in areas adjacent to the "natural" environment (i.e., whether located upland or waterward) are compatible and that they will not compromise the integrity of the designation.
Public Conservancy Environment
Purposes. The purposes of the "public conservancy" environment are as follows:
1 . To protect, conserve and enhance the ecological functions, existing resources, and valuable historic and cultural areas on publicly owned lands.
2. To provide the public with recreational opportunities consistent with ecological protection and enhancement.
TOWN OF SOUTH PRAIRIE
Designation Criteria. The "public conservancy" environment shall be applied to publicly owned shorelands dedicated for public use as a park, recreational site, or open space that do not meet the designation criteria for the "natural" environment.
1. Dedicate all parkland improvements for public use or the support of such use.
2. Allow expansion of existing park facilities only when such expansion will increase recreation opportunities for the public, while concurrently preserving or enhancing the ecological functions of the shoreline.
3. Ensure that development practices and proposals demonstrate preservation of natural features and environmentally sensitive methodologies to serve as examples for public education.
4. Prohibit construction of new structural shoreline stabilization and flood control works except where there is a demonstrated need to protect an existing structure and mitigation is applied consistent with State Department of Ecology Shoreline Rules, or to protect ecological functions. Require new development to be designed to preclude the need for such work.
5. Ensure that resource preservation is given priority over public access, recreation, and development objectives whenever a significant conflict exists.
6. Ensure that uses and activities permitted in areas adjacent to the "public conservancy" environment (i.e., whether located upland or waterward) are compatible and that they will not compromise the integrity of the designation.
Urban Conservancy Environment
Purposes. The purposes of the "urban conservancy" environment are as follows:
1 . To provide ecological protection and rehabilitation in urban and developed settings.
2. To allow a variety of water-oriented uses and activities consistent with effective environmental management.
Designation Criteria. The "urban conservancy" environment shall be applied to shorelands within areas of permissible urban development (i.e., UGAs designated under
TOWN OF SOUTH PRAIRIE
RCW 36.70A.110 that are less suitable for higher intensity water-oriented uses and that do not meet the criteria for the "natural' and "public conservancy" environments, but which possess any one or more of the following characteristics:
1 . Suitability for a mix of water-enjoyment recreational uses with other uses that allow a substantial number of people to enjoy the shoreline.
2. Flood plains or other areas not suitable for more intensive development.
3. Areas, though substantially degraded, with a potential for ecological rehabilitation.
4. Areas, though partially developed, that retain important ecological functions. Management Policies:
1. Require that all reasonable efforts are taken to enhance ecological functions during development and redevelopment. Where possible, require shoreline rehabilitation and public access for all non-water-dependent development.
2. Establish standards for shoreline stabilization measures, vegetation management, water quality, and shoreline modifications within the "urban conservancy" designation to ensure that new development does not degrade the shoreline.
3. Implement public access and public recreation objectives whenever feasible and when significant adverse impacts can be mitigated.
4. Permit water-dependent uses outright. Conditionally permit water-related and water-enjoyment uses. Prohibit non-water-oriented uses except as part of mixed-use developments supporting water dependent uses.
5. To the extent feasible, require new development to be designed to reduce the need for shoreline stabilization and flood control works. Ensure that all such works are mitigated consistent with State Department of Ecology Shoreline Rules.
Urban Residential Environment
Purposes. The purposes of the "urban residential" environment are as follows:
1 . To accommodate residential development and associated uses in areas where urban services exist or are planned.
415/GMA9 Shorelines Element - 8 12
TOWN OF SOUTH PRAIRIE
2. To minimize the impacts of residential development on the shoreline ecology.
3. To provide appropriate public access and recreational uses.
Designation Criteria. The "urban residential" environment shall be applied to shorelands within urban growth areas (UGAs) that do not meet the criteria for the "natural," "public conservancy" or "urban conservancy" environments and that are predominantly developed for single-family or multi-family residential use or are planned and platted for residential development.
1. Permit developments only in those shoreland areas where hazards to the proposed development can be effectively mitigated and where the environment is capable of supporting the proposed use in a manner that protects and enhances ecological functions.
2. Set densities or minimum frontage standards to protect the shoreline ecology and functions based on the following considerations:
a. Critical environmental features and sensitivity of the shoreline area;
b. The development character and land parcel pattern;
c. Level of infrastructure and services available or planned; and
d. Other comprehensive planning considerations.
3. Establish development standards for shoreline stabilization, vegetation management, critical area protection, and water quality, to protect and, where significant ecological degradation has occurred, enhance ecological functions over time.
4. Require multi-family and multi-lot residential and recreational developments to provide public access and areas for joint use, community use, or public open space.
5. Require that access, utilities, and public services be available and adequate to serve existing needs and/or planned future development.
6. Limit commercial development to water-oriented uses that serve local residents.
TOWN OF SOUTH PRAIRIE
7. Ensure that new development or expansion or remodeling of existing development does not substantially degrade the shoreline ecology or conflict with water-dependent uses.
8. Ensure that uses and activities permitted in areas adjacent to the "urban residential" environment designation (i.e., whether located upland or waterward) are compatible and that they will not compromise the integrity of the designation.
Urban High-Intensity Environment
Purposes. The purposes of the "urban high-intensity" environment are:
1 . To ensure optimum use of shorelines that are either presently urbanized or planned for urbanization.
2. To prevent degradation of ecological functions.
3. To effectively manage the shoreland environment for a variety of urban uses.
Designation Criteria. The "urban high-intensity" environment shall be applied to shorelands within areas of permissible urban development (i.e., UGAs designated under RCW 36.70A.110 that do not meet the criteria for the "natural," "public conservancy," "urban conservancy," and "urban residential" environment designations.
1. Permit water-dependent uses outright. Conditionally permit water-related and water enjoyment uses. Prohibit non-water-oriented uses except as part of mixed-use developments supporting water-dependent uses.
2. Achieve full use of existing urban areas before allowing further expansion of high
intensity development. Use reasonable long-range projections of regional economic need to guide the amount of shoreline designated high intensity. Encourage the redevelopment of underused areas.
3. Where appropriate, as a condition of approval for new development at a site within an area shown to be biologically, chemically and/or physically degraded by past activities require that the shoreline be restored to a more ecologically productive state.
415/GMA9 Shorelines Element - 8 14
TOWN OF SOUTH PRAIRIE
4. Where practicable, require visual and physical public access. Where appropriate, require that industrial and commercial facilities be designed to permit pedestrian shoreline access.
5. Ensure that uses and activities permitted in areas adjacent to the "urban high-intensity' environment designation (i.e., whether located upland or waterward) are compatible and that they will not compromise the integrity of the designation.
Shorelines of the Town of South Prairie are designated urban. Figure 8-1 shows the designations as follows:
South Prairie Creek - urban residential
415/GMA9 Shorelines Element - 8 15