HomeMy WebLinkAboutCOW 2009-11-23 Item 4I.1 - Shoreline Master Program - Attachment A.09: Shoreline Development Standards9. SHORELINE DEVELOPMENT STANDARDS
9.1 Applicability_
The development standards of this chapter apply to work that meets the definition of
substantial development except for vegetation removal per section 9.10, which applies to
all shoreline development. The term "substantial development" applies to nonconforming.
pre existing, new or re- development.
Pre existing Nonconforming uses, structures, parking lots and landscape areas, will be
governed by the standards in Section 14.56, Pre existing Nonconforming Development.
9.2 Shoreline Residential Development Standards
A shoreline substantial development permit is not required for construction within the
Shoreline Residential Environment by an owner, lessee or contract purchaser of a single
family residence for his/her own use or for the use of a family member. Such
construction and all normal appurtenant structures must otherwise conform to this Master
Program and the Shoreline Management Act. Short subdivisions and subdivisions are not
exempt from obtaining a shoreline substantial development permit.
A. Shoreline Residential Environment Standards
Permitted uses and approved Conditional
Residential Environment are subject to the following:
pal Code) shall apply.
Uses in the Shoreline
21 .New development and uses must be sited so as to allow natural bank
inclination of 2.5:1 slope. A river bank analysis may be required as part of
any development proposal.
32.Utilities such as pumps, pipes, etc., shall be suitably screened with native
vegetation per the standards in the Vegetation Protection and Landscaping
section;
43.New shoreline stabilization, repair of existing stabilization, or modifications
to the riverbank must comply with the standards in the Shoreline Stabilization
section.
5- :4.Short plats of 5 -9 lots or formal subdivisions must be designed to provide
public access to the river in accordance with the Public Access Section.
Signage is required to identify the public access point(s).
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6- 5.Parking facilities associated with single family residential development or
public recreational facilities are subject to the specific performance standards
set forth in the Off Street Parking section.
6. Fences, freestanding walls or other structures normally accessory to
residences must not block views of the river from adjacent residences or
extend waterward beyond the top of the bank. Chain link fencing must be
vinyl coated.
7. Recreational structures permitted in the buffer must provide buffer mitigation.
8. The outside edge of surface transportation facilities, such as railroad tracks,
streets, or public transit shall be located no closer than 50 feet from the
ordinary high water mark, except where the surface transportation facility is
bridging the river.
9. Except for bridges, approved above ground utility structures, and water
dependent uses and their structures, the maximum height for structures shall
be as established by the underlying zone.
B. Design Review
Design review is required for non residential development in the Shoreline Residential
Environment.
9.3 Hieh Intensity and Urban Conservancy Environment Development
Standards
A. Standards
The following standards apply in the High Intensity and Urban Conservancy
Environment.
The development standards for the applicable underlying zoning district (Title 18,
Tukwila Municipal Code) shall apply.
2 1.A11 new development performed by public agencies, or new multi family,
commercial, or industrial development shall provide public access in
accordance with the standards in the Public Access Section.
2. Development or re- development of properties in areas of the shoreline
armored with revetments or other hard armoring other than levees, or with
non armored river banks must comply with the Vegetation Protection and
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Landscaping Section.
3. Any new shoreline stabilization or repairs to existing stabilization must
comply with Shoreline Stabilization Section.
4. Over -water structures shall be allowed only for water dependent uses and the
size limited to the minimum necessary to support the structure's intended use
and shall result in no net loss to shoreline ecological function. Overwater
structures must comply with the standards in the Overwater Structures
Section.
B. Setbacks and Site Configuration
1. The yard setback adjacent to the river is the buffer width established for the
applicable shoreline environment.
2. A fishing pier, viewing platform or other outdoor feature that provides access
to the shoreline is not required to meet a setback from the OHWM.
C. Height Restrictions
Except for bridges, approved above ground utility structures, and water dependent uses
and their structures, the maximum height for structures shall be as follows to preserve
visual access to the shoreline and avoid massing of tall buildings within the shoreline
jurisdiction:
1. 15 feet where located within the River Buffer;
4 2.45 feet between the outside landward edge of the River Buffer and 200' of the
OHWM.
Provided, no permit shall be issued for any new or expanded building or structure of more than 35
feet above average grade level on shorelines of the state that will obstruct the view of a
substantial number of residences on areas adjoining such shorelines. The Director may approve a
15% increase in height if the protect proponent provides substantial additional restoration
and /or enhancement of the shoreline buffer. beyond what may otherwise be required.
The enhancement and/or restoration is subject to the standards of Section 9.10.
Vegetation Protection and Landscaping. If the required buffer has alreadv been restored,
the proiect proponent may provide a 20% wider buffer which has been restored and /or
enhanced in order to obtain the 15% increase in height. These incentives may not be
combined to achieve a greater than 15% height increase. The enhancement /restoration is
subject to the standards of Section 9.10. Vegetation Protection and Landscaping.
D. Lighting
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the site or development shall be designed and located so that:
2,1 .The minimum light levels in parking areas and paths between the building and
street shall be 1 foot candle;
4- 2.Lighting shall be designed to prevent light spillover and glare on adjacent
properties and on the river channel, be directed downward so as to illuminate
only the immediate area; and be shielded to eliminate direct off -site
illumination;
3.The general grounds need not be lighted;
6:4.The lighting is incorporated into a unified landscape and/or site plan.
9.4 Surface Water and Water Quality
The following standards apply to all shoreline development.
A. New surface water systems may not discharge directly into the river or streams
tributary to the river without pre- treatment to reduce pollutants and meet State water
quality standards.
B. Such pre- treatment may consist of biofiltration, oil /water separators, or other methods
approved by the City of Tukwila Public Works Department.
C. Shoreline development, uses and activities shall not cause any increase in surface
runoff, and shall have adequate provisions for storm water detention/infiltration.
D. Stormwater outfalls must be designed so as to cause no net loss of shoreline
ecological functions or adverse impacts where functions are impaired. New stormwater
outfalls or maintenance of existing outfalls must include shoreline restoration as part of
the project.
E. Shoreline development and activities shall have adequate provisions for sanitary
sewer.
F. Solid and liquid wastes and untreated effluents shall not be allowed to enter any
bodies of water or to be discharged onto shorelands.
G. The use of low impact development techniques is required, unless such techniques
conflict with other provisions of the SMP or are shown to not be feasible due to site
conditions.
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9.5 Flood Hazard Reduction
The following standards apply to all shoreline development.
A. New structural flood hazard reduction structures shall be allowed only when it can be
demonstrated by a Riverbank Analysis that:
1. They are necessary to protect existing development;
2. Non structural measures are not feasible; and
3. Impacts to ecological functions and priority species and habitats can be
successfully mitigated so as to assure no net loss.
Flood hazard structures must incorporate appropriate vegetation restoration and
conservation actions consistent with the standards of the Vegetation Protection and
Landscaping Section.
B. Levees, berms and similar flood control structures, whether new or redeveloped, shall
be designed in such a way as to ensure structural stability while incorporating mid -slope
benches planted with native vegetation suitable for wildlife habitat wherever feasible.
Where not feasible to incorporate a mid -slope bench with vegetation, other appropriate
habitat improvements must be provided.
C. Publicly funded structural measures to reduce flood hazards shall improve public access
or dedicate and provide public access unless public access improvements would cause
unavoidable health or safety hazards to the public, inherent and unavoidable security
problems, or significant ecological impacts that cannot be mitigated.
D. Rehabilitation or replacement of existing flood control structures, such as levees, with
a primary purpose of containing the 1- percent annual chance flood event, shall be
allowed where it can be demonstrated by an engineering analysis that the existing
structure:
1. Does not provide an appropriate level of protection for surrounding lands; or
2. Does not meet appropriate engineering design standards for stability (e.g.,
over steepened side slopes for existing soil and/or flow conditions); and
3. Repair of the existing structure will not cause or increase significant adverse
ecological impacts to the shoreline.
E. Rehabilitated or replaced flood control structures must achieve a maximum side slope
angle of 2.5:1 (H:V) or if that is not possible, achieve an angle as close to 2.5:1 as
possible. Rehabilitated or replaced structures shall not extend the toe of slope any further
waterward of the OHWM than the existing structure.
F. New structural flood hazard reduction measures, such as levees, berms and similar
flood control structures shall be placed landward of the floodway as determined by the
T.S. t. .best
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available information.
G. New, redeveloped or replaced structural flood hazard reduction measures shall be
placed landward of associated wetlands, and designated fish and wildlife habitat
conservation areas.
H. No commercial, industrial, office or residential development shall be located within a
floodplain without a Flood Control Zone Permit issued by the City. No development
shall be located within a floodway except as otherwise permitted.
9.6 Shoreline Stabilization
The provisions of this section apply to those structures or actions intended to minimize or
prevent erosion of adjacent uplands and/or failure of riverbanks resulting from waves,
tidal fluctuations or river currents. Shoreline stabilization or armoring involves the
placement of erosion resistant materials (e.g., large rocks and boulders, cement, pilings
and/or large woody debris) or the use of bioengineering techniques to reduce or eliminate
erosion of shorelines and risk to human infrastructure. This form of shoreline
stabilization is distinct from flood control structures and flood hazard reduction measures
(such as levees). The Shoreline Armoring Map, Map 54, identifies the location of both
types of river bank modifications. The terms shoreline stabilization, shoreline protection
and shoreline armoring are used interchangeably
A. Shoreline protection shall not be considered an outright permitted use and shall be
permitted only when it has been demonstrated through a Riverbank Analysis and Report
that shoreline protection is necessary for the protection of existing legally established
structures and public improvements.
B. New development and re- development shall be designed and configured on the lot to
avoid the need for new shoreline stabilization. Removal of failing shoreline stabilization
shall be incorporated into re- development design proposals wherever feasible.
C. Replacement of lawfully established, existing bulkheads or revetments are subject to
the following priority system:
1. The first priority for replacement of bulkheads or revetments shall be
landward of the existing bulkhead.
2. The second priority for replacement of existing bulkheads or revetments shall
be to replace in place (at the bulkhead's existing location).
D. When evaluating a proposal against the above priority system, at a minimum the
following criteria shall be considered:
1. Existing topography;
2. Existing development;
3. Location of abutting bulkheads;
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4 Impact to shoreline ecological functions; and,
5. Impact to river hydraulics, potential changes in geomorphology, and to other
areas of the shoreline.
E. Proponents of new or replacement hard shoreline stabilization (e.g. bulkheads or
revetments) must demonstrate through a documented river bank analysis that
bioengineered shoreline protection measures or bioengineering erosion control designs
will not provide adequate upland protection of existing structures or would pose a threat
or risk to adjacent property. The study must also demonstrate that the proposed hard
shoreline stabilization will not adversely affect other infrastructure or adjacent shorelines.
F. Where allowed, shoreline armoring shall be designed, constructed and maintained in
a mariner that does not result in a net loss of ecological function, including fish habitat,
and shall conform to the requirements of the 2004 Washington State Department of Fish
and Wildlife (or as amended) criteria and guidelines for integrated streambank
protection, U. S. Army Corps of Engineers and other regulatory requirements. The hard
shoreline stabilization must be designed and approved by a qualified engineer.
G. Shoreline armoring shall be designed to the minimum size, height, bulk and extent
necessary to remedy the identified hazard.
H. An applicant must demonstrate the following in order to qualify for the RCW
90.58.030(30(e)(iii)(ii) exemption from the requirement to obtain a shoreline substantial
development permit for a proposed single family bulkhead and to insure that the
bulkhead will be consistent with the SMP:
1. Erosion from currents or waves is imminently threatening a legally established
single family detached dwelling unit or one or more appurtenant structures;
and
2, The proposed bulkhead is more consistent with the City's Master Program in
protecting the site and adjoining shorelines and that non structural alternatives
such as slope drainage systems, bioengineering or vegetative growth
stabilization, are not feasible or will not adequately protect a legally
established residence or appurtenant structure; and
3. The proposed bulkhead is located landward of the OHWM or it connects to
adjacent, legally established bulkheads; and
4. The maximum height of the proposed bulkhead is no more than one foot
above the elevation of extreme high water on tidal waters as determined by
the National Ocean Survey published by the National Oceanic and
Atmospheric Administration.
I. Bulkheads or revetments shall be constructed of suitable materials that will serve to
accomplish the desired end with maximum preservation of natural characteristics.
Washington State Department of Fish and Wildlife, Washington Department of Ecology, and US Fish
and Wildlife Service, Olympia, Washington.
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Materials with the potential for water quality degradation shall not be used. Design and
construction methods shall consider aesthetics and habitat protection. Automobile
bodies, tires or other junk or waste material that may release undesirable chemicals or
other material shall not be used for shoreline protection.
J. The builder of any bulkhead or revetment shall be financially responsible for
determining the nature and the extent of probable adverse effects on fish and wildlife or
on the property of others caused by his/her construction and shall propose and implement
solutions approved by the City to minimize such effects.
K. When shoreline stabilization is required at a public access site, provision for safe
access to the water shall be incorporated in the design whenever possible.
L. Placement of bank protection material shall occur from the top of the bank and shall
be supervised by the property owner or contractor to ensure material is not dumped
directly onto the bank face.
M. Bank protection material shall be clean and shall be of a sufficient size to prevent its
being washed away by high water flows.
N. When riprap is washed out and presents a hazard to the safety of recreational users of
the river, it shall be removed by the owner of such material.
0. Bank protection associated with bridge construction and maintenance may be
permitted subject to the provisions of the SMP and shall conform to provisions of the
State Hydraulics Code (RCW 77.55) and U.S. Army Corps of Engineer regulations.
9.7 Archaeological, Cultural and Historical Resources
In addition to the requirements of TMC 18.50.110, Archaeological /Paleontological
Information Preservation Requirements, the following regulations apply.
A. All land use permits for projects within the shoreline jurisdiction shall be coordinated
with affected tribes.
B. If the City determines that a site has significant archaeological, natural scientific or
historical value, a substantial development that would pose a threat to the resources of the
site shall not be approved. The City may require that development be postponed in such
tion of public acquisition potential, retrieval and preservation of
Gignificant artifacts andlor development of a mitigation plan.
C. Permits issued in areas documented to contain archaeological resources require a site
inspection or evaluation by a professional archaeologist in coordination with affected
Indian tribes. The City may reauire that development be postponed in such areas to allow
investigation of public acauisition potential. retrieval and preservation of significant
artifacts and/or development of a mitigation plan. Areas of known or suspected
archaeological middens shall not be disturbed and shall be fenced and identified during
construction proiects on the site.
D. Developers and property owners shall immediately stop work and notify the City of
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Tukwila. the Washin;ton Department of Archaeolo6v and Historic Preservation and
affected Indian tribes if archaeological resources are uncovered during excavation.
E. In the event that unforeseen factors constituting an emergency, as defined in RCW
90.58.030, necessitate rapid action to retrieve or preserve artifacts or data identified
above, the project may be exempted from any shoreline permit requirements. The City
shall notify the Washington State Department of Ecology, the State Attorney General's
Office and the State Department of Archaeoloav and Historic Preservation Office of such
an exemption in a timely manner
F. Archaeological excavations may be peunitted subject to the provision of the Master
Program.
G. On sites where Identified historical or archaeological resources have been identified
and will be preserved in situ, shall be considered in park, open space and public access
site planning with public access to such areas shall be designed and managed so as to
give maximum protection to the resource and surrounding environment.
H. Interpretive signs of historical and archaeological features shall be provided subject to
the requirements of the Public Access Section when such signage does not compromise
the protection of these features from tampering, damage and /or destruction.
fenced and identified during construction projects on the site.
9.8 Environmental Impact Mitigation.
A. All shoreline development and uses shall occur in a manner that results in no net loss
of shoreline ecological functions through the careful location and design of all allowed
development and uses. In cases where impacts to shoreline ecological functions from
allowed development and uses are unavoidable, those impacts shall be mitigated
according to the provisions of this section.
B. To the extent Washington's State Environmental Policy Act of 1971 (SEPA), chapter
43.21C RCW, is applicable, the analysis of environmental impacts from proposed
shoreline uses or developments shall be conducted consistent with the rules implementing
SEPA (TMC 21.04 and WAC 197 -11).
C. Where required, mitigation measures shall be applied in the following sequence of
steps listed in order of priority.
1. Avoiding the impact altogether by not taking a certain action or parts of an
action;
2. 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;
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment;
4. Reducing or eliminating the impact over time by preservation and
maintenance operations;
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5. Compensating for the impact by replacing, enhancing, or providing substitute
resources or environments; and
6. Monitoring the impact and the compensation projects and taking appropriate
corrective measures.
D. In determining appropriate mitigation measures applicable to shoreline development,
lower priority measures shall be applied only where higher priority measures are
determined by the City to be infeasible or inapplicable.
E. When mitigation measures are appropriate pursuant to the priority of mitigation
sequencing above, preferential consideration shall be given to measures that replace the
impacted functions directly and in the immediate vicinity of the impact. However, if
mitigation in the immediate vicinity is not scientifically feasible due to problems with
hydrology, soils, waves or other factors, then off -site mitigation within the shoreline
jurisdiction may be allowed if consistent with the Shoreline Restoration Plan. Mitigation
for projects in the Transition Zone must take place in the Transition Zone. In the event
that a site is not available in the Transition Zone to carry out required mitigation. the
nroiect proponent rav contribute funds eauival.ent to the value of the required mitigation
to an existing or future restoration proiect identified in the CIP to be carried out by a
public agency in the Transition Zone.
9.9 Off Street Parking and Loading Reauirements
A. In addition to the parking requirements in TMC 18.56, the following requirements
apply to all development in the shoreline jurisdiction.
B. Any parking, loading, or storage facilities located between the river and any building
must incorporate additional landscaping in accordance with the Vegetation Protection and
Landscaping Section, or berming or other site planning or design techniques to reduce
visual and/or environmental impacts from the parking areas utilizing the following
screening techniques:
1. A solid evergreen screen of trees and shrubs a minimum six -foot in height; or
2. Decorative fence a maximum of six feet high with landscaping. Chain link
fence, where allowed, shall be vinyl coated and landscaped with native
trailing vine or an approved non native vine other than ivy, except where a
security or safety hazard may exist; or
3. Earth berms at a minimum of four feet high, planted with native plants in
accordance with the Vegetation Protection and Landscaping Section.
B. Where a parking area is located in the shoreline jurisdiction and adjacent to a public
access feature, the parking area shall be screened by a vegetative screen or a built
structure that runs the entire length of the parking area adjacent to the amenity. The
landscape screening shall comply with the Vegetation Protection and Landscaping
Section.
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C. Where public access to or along the shoreline exists or is proposed, parking areas
shall provide pedestrian access from the parking area to the shoreline.
D. Parking facilities, loading areas and paved areas shall incorporate low impact
development techniques wherever feasible, adequate storm water retention areas,
oil /water separators and biofiltration swales, or other treatment techniques and shall
comply with the standards and practices formally adopted by the City of Tukwila Public
Works Department.
9.10 Vegetation Protection And Landscaping
A. Purpose, Objectives and Applicability
1. The purpose of this section is to:
a. Regulate the protection of existing trees and native vegetation in the
shoreline jurisdiction;
b. Establish requirements for removal of invasive plants at the time of
development or re- development of sites;
c. Establish requirements for landscaping for new development or re-
development;
d. Establish requirements for the long -term maintenance of native
vegetation to prevent establishment of invasive species and promote
shoreline ecosystem processes.
2. The City's goal is to preserve as many existing trees as possible and increase
the number of native trees, shrubs and other vegetation in the shoreline
because of their importance to shoreline ecosystem functions as listed below:
a. Overhead tree canopy to provide shade for water temperature control;
b. Habitat for birds, insects and small mammals;
c. Vegetation that overhangs the river to provide places for fish to
shelter;
d. Source of insects for fish;
e. Filtering of pollutants and slowing of stormwater prior to its entering
the river; and
f. A long -term source of woody debris for the river.
In addition, trees and other native vegetation are important for aesthetics it is
the City's goal that unsightly invasive vegetation, such as blackberries, be
removed from the shoreline and be replaced with native vegetation to promote
greater enjoyment of and access to the river.
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B.
The City will provide information and technical assistance to property owners
for improving vegetation in the shoreline jurisdiction and will work
collaboratively with local citizen groups to assist property owners in the
removal of invasive vegetation and planting of native vegetation, particularly
for residential areas.
3. With the exception of residential development/re- development of 4 or fewer
residential units, all activities and developments within the shoreline
environment must comply with the landscaping and maintenance requirements
of this section, whether or not a shoreline substantial development permit is
required. Single family residential projects are not exempt if implementing a
shoreline stabilization or overwater structure project on the shoreline.
4. The tree protection and retention requirements and the vetetation
manaaelnent reauirelnents apply to existing uses as well as new or re-
development.
Tree Protection, and-Retention and Replacement
1. As many significant trees and as much native vegetation as possible are to be
retained on a site proposed for development or re- development, taking into
account the condition and age of the trees. As part of design review, the Director
of Community Development or the Board of Architectural Review may require
alterations in the arrangement of buildings, parking or other elements of proposed
development in order to retain significant non invasive trees, particularly those
that provide shading to the river. Trees located on properties not undergoing
development or re- development may not be removed except those that interfere
with access and passage on public trails or that present an imminent hazard to
existing structures or the public. If the hazard is not readily apparent, the City
may require an evaluation by an International Society of Arborists (ISA)- certified
arborist.
2. To protect the ecological functions that trees and native vegetation provide to the
shoreline, removal of any significant tree in the shoreline jurisdiction or native
vegetation in the buffer requires a Shoreline Tree Removal and Vegetation
Clearing Permit and is generally only allowed on sites undergoing development or
redevelopment. Only trees that interfere with access and passage on public trails
or trees that present an imminent hazard to existing structures or the public may
be removed from sites without an issued building permit or Federal approval.
Factors that will be considered in approving tree removal include but are not
limited to: tree condition and health, age, risks to structures, and potential for root
or canopy interference with utilities.
3. Prior to any tree removal or site clearing, a Type 2 Shoreline Tree Removal and
Vegetation Clearing Permit application must be submitted to DCD containing the
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following infouuation:
a) A vegetation tree survey that shows the diameter, species and
location of all significant trees and all existing native
vegetation on a site plan;
b) A site plan that shows trees and native vegetation to be retained
and trees to be removed and provides a table showing the
number of significant trees to be removed and the number of
replacement trees required;
c) Tree protection zones and other measures to protect any trees
that are to be retained for sites undergoing development or re-
development;
d) Location of the OHWM, river buffer, shoreline jurisdiction
boundary and nay sensitive areas with their buffers;
e) A landscape plan that shows diameter, species name, spacing
and planting location for any required replacement trees and
other proposed vegetation;
f) An arborist evaluation justifying the removal of hazardous
trees if required by the Department; and
g) An application fee per the current Land Use Permit Fee
resolution.
4. Where permitted, significant trees that are removed from the shoreline shall be
replaced pursuant to the replacement ratios in Table 4 up to a density of 100 trees
per acre (including existing trees). The Director or Planning Commission may
require additional trees or shrubs to be installed to mitigate any potential impact
from the loss of this vegetation as a result of new development.
Table 4. Tree Rep lacement Requirements
Diameter* of Tree No. of Replacement
Removed Trees Required
4 -6 inches (single trunk) 3
2 inches (any trunk of a
multi -trunk tree)
Over 6 8 inches 1 4
Over 8 20 inches 6
Over 20 inches 1 8
measured at height of 4 feet from the ground
-1-5.The property owner is reauired to ensure the viability and long term health of
trees planted for replacement through Proper care and maintenance for the life of
the proiect. Replaced trees that do not survive must be replanted at the next
appropriate season for Planting.
2- 6.If all replacement trees cannot be reasonably accommodated on the site, off -site
tree replacement within the shoreline jurisdiction may be allowed at a site
approved by the City. Priority for off -site tree planting will be at locations within
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the Transition Zone. If no suitable off -site location is available, the applicant
shall pay into a tree replacement fund. The fee shall be based on the value of the
replacement trees and their delivery, labor for site preparation and plant
installation, soil amendments, mulch, and staking supplies.
3,7.When a tree suitable for large woody debris is permitted to be removed from the
shoreline buffer. the tree trunk and root ball (where possible) will be saved for use
in a restoration proiect elsewhere in the shoreline iurisdiction. The applicant will
be responsible for the cost of moving the removed trees to a location designated
by Tthe City. If no restoration Droiect or storalse location is available at the time,
the Director may waive this requirement.
anchoring of removed trots as habitat f natures along the river bank for
development of over '1 residential lots and all non residential development, aJ
permitted by shoreline conditions, and taking into account potential hazards to
boaters, and in accordance with Washington Department of Fish and Wildlife
Hydraulics Authorization and Corps of Engineers permit condition. When
conditions prevent placement of tree trunks on site along the shoreline as large
woody debris, the City shall attempt to find an off site location for eventual
the cost of thc initial moving of thc rem
Trees removed in the shoreline jurisdiction outside the buffer shall either be
placed as large woody debris in non bank portion ef-the buffer (not on the bank).
Of if not feasible, transported to a location designated by the City for future use in
a restoration project. Priority for LWD placement Droiects will be in the
Transition Zone.
4:8.Dead or dying trees located within the buffer or undeveloped upland portion of
the shoreline jurisdiction shall be left in place as wildlife snags, unless they
present a hazard to structures, facilities or the public.
5.9.Topping of trees is prohibited unless absolutely necessary to protect overhead
utility lines. Topping of trees will be regulated as removal and tree replacement
will be required.
5-10. For new development or redevelopment where trees are proposed for
retention, tree protection zones shall be indicated on site plans and shall be
established in the field prior to commencement of any construction or site clearing
activity. A minimum 4 ft high construction barrier shall be installed around
significant trees and stands of native trees or vegetation to be retained. Minimum
distances from the trunk for the construction barriers shall be based on the
approximate age of the tree (height and canopy) as follows
a. Young trees (have reached less than 20% of life expectancy): 0.75
a Modified from: Trees and Develonment. A Technical Guide to Preservation of Trees Durine Land
Development. Nelda Metheny and James R. Clark, 1998.
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C. Landscaping
feet per inch of trunk diameter
b. Mature trees (have reached 20 80% of life expectancy): 1 foot per
inch of trunk diameter.
c. Over mature trees (have reached greater than 80% of life expectancy):
1.5 feet per inch of trunk diameter.
This section presents landscaping standards for the Shoreline Jurisdiction and is divided
1 into a general section and separate sections for the River Buffer and for the remaining
part of the Shoreline Jurisdiction for each Environment Designation.
1. General Requirements
a. The landscaping reauirements of this subsection apply Ffor any new
development or redevelopment in the Shoreline Jurisdiction, except_
single family residential development of 4 or fewer lots. The extent of
landscaping required will depend on the size of the proposed project.
New development or full redevelopment of a site will require
landscaping of the entire site. For smaller projects. the Director will
review the intent of this section and the scone of the project to
determine a reasonable amount of landscaping to be carried out.
b. ilnvasive vegetation must be removed as part of site preparation and
native vegetation planted and maintained in the River Buffer,
including the river bank, to improve the ecological functions of the
shoreline.
c. On properties located behind Publicly maintained levees, property
owners will not be responsible for removal of invasive vegetation. or
Planting of native vegetation within the buffer.
d. Removal of invasive species shall be done by hand or with hand -held
power tools. Where not feasible and mechanized equipment is needed,
the applicant must obtain a Shoreline Tree Removal and Vegetation
Clearing Permit and show how the slope stability of the bank will be
maintained and a plan must be submitted indicating how the work will
be done and what erosion control and tree protection features will be
utilized. Federal and State permits may be required for vegetation
removal with mechanized equipment.
e. Trees and other vegetation shading the river shall be retained or
replanted when riprap is placed per the approved tree permit, if
required.
f. Removal of invasive vegetation may be phased over several years
prior to planting if part of an approved plan to allow for alternative
approaches, such as sheet mulching and goat grazing. The method
selected shall not destabilize the bank or cause erosion.
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A combination of native trees, shrubs and groundcovers (including
grasses, sedges, rushes and vines) shall be planted. The plants listed in
the Riparian Restoration and Management Table of the 2004
Washineton Stream Habitat Restoration Guidelines (as amended)
shall provide the basis for plant selection. Site conditions, such as
topography, exposure, and hydrology shall be taken into account for
plant selection. Other species may be approved if there is adequate
justification.
h. Non native trees may be used as street trees in cases where conditions
are not appropriate for native trees (for example where there are space
or height limitations or conflicts with utilities).
i. Plants shall meet the current American Standard for Nursery Stock
(American Nursery and Landscape Association ANLA).
Plant sizes in the non buffer areas of all Shoreline Environments shall
meet the following minimum size standards:
g.
J•
Deciduous trees:
Conifers:
Shrubs:
Groundcover /grasses:
2" caliper
6 -8' height.
24" height
4 -inch or 1 gallon container
Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes,
depending on plant species) are preferred for buffer plantings. Willow
stakes must be at least '/z-inch in diameter.
k. Site preparation and planting of vegetation shall be in accordance with
best management practices for ensuring the vegetation's long -term
health and survival.
1. Plants may be selected and placed to allow for public and private view
corridors and/or access to the water's edge.
m. Native vegetation in the shoreline installed in accordance with the
preceding standards shall be maintained by the property owner to
promote healthy growth and prevent establishment of invasive species
for the life of the project. Invasive plants (such as blackberry, ivy,
knotweed, bindweed) shall be removed accordine to the approved
maintenance planon a regular basis.
n. Areas disturbed by removal of invasive plants shall be replanted with
native vegetation where necessary to maintain the density shown in
Table 4 and must be replanted in a timely manner, except where a long
term removal and re- vegetation plan, as approved by the City, is being
implemented.
o. The following standards apply to utilities and loading docks located in
the shoreline jurisdiction.
5 Washington Department of Fish and Wildlife, Washington Department of Ecology, and US Fish and
Wildlife Service, Olympia, Washington
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1) Utilities such as pumps, pipes, etc. shall be suitably screened
with native vegetation;
2) Utility easements shall be landscaped with native,
groundcover, grasses or other low- growing plants as
appropriate to the shoreline environment and site conditions;
3) Allowed loading docks and service areas located waterward of
the development shall have landscaping that provides extensive
visual separation from the river.
2. River Buffer Landscaping Requirements in all Shoreline Environments
The River Buffer in all shoreline environments shall function, in part, as a
vegetation management area to filter sediment, capture contaminants in
surface water run off, reduce the velocity of water run off, and provide fish
and wildlife habitat.
a. A planting plan prepared by a licensed landscape architect or an
approved biologist shall be submitted to the City for approval that
shows plant species, size, number and spacing. The reauirement for a
landscape architect or biologist may be waived by the Director for
single family property owners (when planting is being required as
mitigation for construction of overwater structures or shoreline
stabilization), if the property owner accents technical assistance from
City staff.
b. Plants shall be installed from the OHWM to the upland edge of the
River Buffer (where not otherwise prohibited unless site conditions
would make planting unsafe).
c. Plantings close to and on the bank shall include native willows, red
osier dogwood and other native vegetation that will extend out over
the water, to provide shade and habitat functions when mature.
Species selected must be able to withstand seasonal water level
fluctuations.
d. Minimum plant spacing in the buffer shall follow Table 5. Existing
non invasive plants may be included in the density calculations.
e. Irrigation for buffer plantings is required for at least two dry seasons or
until plants are established. An irrigation plan is to be included as part
of the planting plan.
f. In the event that a development project allows for setback and
benching of the shoreline along an existing levee or revetment, the
newly created mid -slope bench area shall be planted and maintained
with a variety of native vegetation appropriate for site conditions.
Table 5. River Buffer Vegetation Planting Densities
1 Plant Material Type 1 Planting Density 1
1 Stakes /cuttings along river bank (willows, red 1 1 -2 ft on center or per bioengineering method 1
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1 osier dogwood)
1 Shrubs
1 Trees
Groundcovers, grasses,
herbaceous plants
1 Native seed mixes
D.
1 3 -5 ft on center, depending on species
1 15 20 ft on center, depending on species
sedges, rushes, other 1 1.5 ft on center, depending on species
1 5 -25 lbs per acre, depending on species
3. Landscaping Requirements for the Urban Conservancy and High Intensity
Environments Outside of the River Buffer
For the portions of property within the Shoreline Jurisdiction landward of the
River Buffer the landscape requirements in the General section of this SMP
and the requirements for the underlying zoning as established in TMC Chapter
18.52 shall apply except as indicated below.
a. Parking Lot Landscape Perimeters: One native tree for each 20 lineal
feet of required perimeter landscaping, one shrub for each 4 lineal feet
of required perimeter landscaping, and native groundcovers to cover
90% of the landscape area within 3 years, planted at a minimum
spacing of 18 inches on- center.
b. Interior Parking Lot Landscaping: Every 300 square feet of paved
surface requires 10 square feet of interior landscaping within
landscape islands separated by no more than 150 feet between islands.
c. Landscaping shall be provided at yards not adjacent to the river, with
the same width as required in the underlying zoning district. This
standard may be reduced as follows:
1) Where development provides public access corridor between
off -site public area(s) and public shoreline areas, side yard
landscaping may be reduced by 25 percent to no less than 3
feet; or
2) Where development provides additional public access area(s)
(as allowed by the High Intensity and Urban Conservancy
Environment Development Standards) equal in area to at least
2.5% of total building area, front yard landscaping may be
reduced by 25 percent.
Vegetation Management in the Shoreline Jurisdiction
The requirements of this section apply to all existing and new development within the
shoreline jurisdiction.
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1. Trees and shrubs may only be pruned for safety, to maintain view or access
corridors and trails by pruning up or on the sides of trees, to maintain
clearance for utility lines, and/or for improving shoreline ecological function.
This type of pruning is exempt from any permit requirements. Topping of
trees is prohibited except where absolutely necessary to avoid interference
with existing utilities.
2. Plant debris from removal of invasive plants or pruning shall be removed from
the site and disposed of properly.
3. Use of pesticides
a. Pesticides (including herbicides, insecticides, and fungicides) shall not
be used in the shoreline jurisdiction except where:
1) Alternatives such as manual removal, biological control, and
cultural control are not feasible given the size of the
infestation, site characteristics, or the characteristics of the
invasive plant species
2) The use of pesticides has been approved through a
comprehensive vegetation or pest management and monitoring
plan;
3) The pesticide is applied in accordance with state regulations;
4) The proposed herbicide is approved for aquatic use by the U.S.
Environmental Protection Agency and
5) The use of pesticides in the shoreline jurisdiction is approved
in writing by the City and the applicant presents a copy of the
Aquatic Pesticide Pennit issued by the Department of Ecology
or Washington Department of Agriculture.
b. Self contained rodent bait boxes designed to prevent access by other
animals are allowed.
c. Sports fields, parks, golf courses and other outdoor recreational uses
that involve maintenance of extensive areas of turf shall provide and
implement an integrated turf management program or integrated pest
management plan designed to ensure that water quality in the river is
not adversely impacted.
9.11 Land Altering Activities
All land altering activities in the shoreline jurisdiction shall be in conjunction with an
underlying land development permit, except for shoreline restoration projects. All
activities shall meet the following standards:
A. Clearing, Grading and Landfill
1. Land altering shall be permitted only where it meets the following criteria:
a. The work is the minimum necessary to accomplish an allowed
shoreline use;
b. Impacts to the natural environment are minimized and mitigated;
c. Water quality, river flows and/or fish habitat are not adversely
affected;
d. Public access and river navigation are not diminished;
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B. Dredging
2. Clearing, grading and landfill activities, where allowed, shall include erosion
control mechanisms, and any reasonable restriction on equipment, methods or
timing necessary to minimize the introduction of suspended solids or leaching
of contaminants into the river, or the disturbance of wildlife or fish habitats in
accordance with the standards in the Grading Chapter, TMC 16.54,.
1. Dredging activities must comply with all federal and state regulations.
Maintenance dredging of established navigation channels and basins must be
restricted to maintaining previously dredged and/or existing authorized
location, depth, and width.
2. Where allowed, dredging operations must be designed and scheduled so as to
ensure no net loss to shoreline ecological functions or processes.
9.12 Marinas. Boat Yards. Dry Docks. Boat Launches. Piers. Docks and Other
Over -water Structures
A. General Requirements
e. The project complies with all federal and state requirements;
f. The project complies with the vegetation protection criteria of the
Vegetation Protection and Landscaping Section; and
g. Documentation is provided to demonstrate that the fill comes from a
clean source.
1. Prior to issuance of a shoreline substantial development permit for
construction of piers, docks, wharves or other over -water structures the
applicant shall present approvals from State or Federal agencies, as applicable.
2. Structures must be designed by a qualified engineer and must demonstrate the
project will result in no net loss of shoreline ecological function and will be
stable against the forces of flowing water, wave action and the wakes of
passing vessels.
3. In -water structures shall be designed and located to minimize shading of
native aquatic vegetation and fish passage areas. Removal of shoreline,
riparian and aquatic vegetation shall be limited to the minimum extent
necessary to construct the project. All areas disturbed by construction shall be
replanted with native vegetation as part of the project.
4. New or replacement in -water structures shall be designed and located such
that natural hydraulic and geologic processes, such as erosion, wave action or
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floods will not necessitate the following:
a. reinforcement of the shoreline or stream bank with new bulkheads or
similar artificial structures to protect the in -water structure; or
b. dredging.
5. No structures are allowed on top of over -water structures except for properties
located north of the Turning Basin.
6. Pilings or other associated structures in direct contact with water shall not be
treated with preservatives unless the applicant can demonstrate that no
feasible alternative to protect the materials exists and that non -wood
alternatives are not economically feasible. In that case, only compounds
approved for marine use may be used and must be applied by the
manufacturer per current best management practices of the Western Wood
Preservers Institute. The applicant must present verification that the best
management practices were followed. The preservatives must also be
approved by the Washington Department of Ffish and Wildlife.
7. All over -water structures shall be constructed and maintained in a safe and
sound condition. Abandoned or unsafe over -water structures shall be
removed or repaired promptly by the owner. Accumulated debris shall be
regularly removed and disposed of properly so as not to jeopardize the
integrity of the structure. Replacement of in -water structures shall include
proper removal of abandoned or other manmade structures and debris.
8. Boat owners who store motorized boats on -site are encouraged to use best
management practices to avoid fuel and other fluid spills.
B. Marinas, Boat yards and Dry Docks
1. All uses under this category shall be designed to achieve no net loss of
shoreline ecological functions.
2. Commercial /Industrial marinas and dry docks shall be located no further
upriver than Turning Basin #3.
3. Marinas shall be located, designed, constructed and operated to avoid or
minimize adverse impacts on fish, wildlife, water quality, native shoreline
vegetation, navigation, public access, existing in -water recreational activities
and adjacent water uses.
4. Marinas shall submit a fuel spill prevention and contingency plan to the City
for approval. Haul -out and boat maintenance facilities must meet the City's
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stormwater management requirements and not allow the release of chemicals,
petroleum or suspended solids to the river.
5. Marinas, boat yards and dry docks must be located a minimum of 100 feet
from Fish and Wildlife Habitat Areas (see Sensitive Areas in the Shoreline
Map, Map 5).
6. New marinas, launch ramps and accessory uses must be located where water
depths are adequate to avoid the need for dredging.
C. Boat Launches and Boat Lifts
1. Boat launch ramps and vehicle access to the ramps shall be designed to not
cause erosion; the use of pervious paving materials, such as grasscrete, are
encouraged.
2. Boat launch ramps shall be designed to minimize areas of landfill or the need
for shoreline protective structures.
3. Access to the boat ramp and parking for the ramp shall be located a sufficient
distance from any frontage road to provide safe maneuvering of boats and
trailers.
4. Launching rails shall be adequately anchored to the ground.
5. Launch ramps and boat lifts shall extend waterward past the OHWM only as
far as necessary to achieve their purpose.
6. Boat lifts and canopies must meet the standards of the U.S. Army Corps of
Engineers Regional General Permit Number 1 for Watercraft Lifts in Fresh
and Marine/Estuarine Waters within the State of Washington.
D. Over -water Structures
Where allowed, over -water structures such as piers, wharves and docks shall meet the
following standards:
1. The size of new over -water structures shall be limited to the minimum necessary
to support the structure's intended use and to provide stability in the case of
floating docks. Structures must be compatible with any existing channel control
or flood management structures. No dock or pier on residential properties,
than four feet.
2. Over -water structures shall not extend waterward of the OHWM any more than
necessary to permit launching of watercraft, while also ensuring that watercraft do
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not rest on tidal substrate at any time.
3. Adverse impacts of over -water structures on water quality, river flows, fish
habitat, shoreline vegetation, and public access shall be minimized and mitigated.
Mitigation measures may include joint use of existing structures, open decking or
piers, replacement of non native vegetation, installation of in -water habitat
features or restoration of shallow water habitat.
4. Any proposals for in -water or over -water structures shall provide a pre
construction habitat evaluation, including an evaluation of salmonid and bull trout
habitat and shoreline ecological functions and demonstrate how the project
achieves no net loss of shoreline ecological functions.
5. Over -water structures shall obtain all necessary state and federal permits prior to
construction or repair.
6. All over -water structures must be designed by a qualified engineer to ensure that
they are adequately anchored to the bank in a manner so as not to cause future
downstream hazards or significant modifications to the river geomorphology and
are able to withstand high flows.
7. Over -water structures shall not obstruct nomnal public use of the river for
navigation or recreational purposes.
8. Shading impacts to fish shall be minimized by using grating on at least 30% of the
surface area of the over -water structure on residential areas and at least 50% of
the over -water structure on all other properties. The use of skirting is not
permitted.
9. If floats are used, the flotation shall be fully enclosed and contained in a shell
(such as polystyrene) that prevents breakup or loss of the flotation material into
the water, damage from ultraviolet radiation, and damage from rubbing against
pilings or waterborne debris.
10. Floats may not rest on the tidal substrate at any time and stoppers on the piling
anchoring the floats must be installed to ensure at least 1 foot of clearance above
the substrate. Anchor lines may not rest on the substrate at any time.
11 The number of pilings to support over -water structures, including floats shall be
limited to the minimum necessary. Pilings shall conform to the pilings standards
contained in the US Army Corps of Engineers Regional General Permit No. 6.
12. No over -water structure shall be located closer than five (5) feet from the side
property line extended, except that such structures may abut property lines for the
common use of adjacent property owners when mutually agreed upon by the
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property owners in an easement recorded with the King County. A copy of this
agreement shall be submitted to the Department of Community Development and
accompany an application for a development permit and/or Shoreline Permit.
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