HomeMy WebLinkAboutCOW 2011-06-27 Item 4A - Shoreline Master Program - Ordinance - Definitions for Shoreline Regulations DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO.
2272; AMENDING ORDINANCE NO. 1758 §1 (PART);
ADOPTING AND AMENDING DEFINITIONS FOR SHORELINE
REGULATIONS, AS CODIFIED IN CHAPTER 18.06 OF THE
TUKWILA MUNICIPAL CODE, TO INCORPORATE NEW STATE
REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City adopted a new Comprehensive Plan in 1995 to implement the
goals and policies of the Growth Management Act of 1990 and the King County County-
wide Planning Policies; and
WHEREAS, the Green /Duwamish River, a shoreline of the State regulated
pursuant to RCW 90.58, runs through the entire length of the City of Tukwila; and
WHEREAS, due to the presence of the Green River in the City, the 1995
Comprehensive Plan included policies addressing shorelines; and
WHEREAS, as set forth in RCW 90.58.020, the State Legislature has found that
shorelines of the State are among the most valuable and fragile of its natural resources
and unrestricted construction on privately- and publicly -owned shorelines of the State is
not in the best public interest; and
WHEREAS, in RCW 90.58.020 the State Legislature directed local governments
developing Shoreline Master Programs for shorelines of State -wide significance to give
preference to the following uses, in order of preference, which: 1) recognize and protect
the State -wide interest over local interest; 2) preserve the natural character of the
shoreline; 3) result in long -term over short -term benefit; 4) protect the resources and
ecology of the shoreline; 5) increase public access to publicly -owned areas of shore-
lines; 6) increase recreational opportunities for the public in the shoreline; and 7)
provide for any other element, as defined in RCW 90.58.100, deemed appropriate or
necessary; and
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WHEREAS, in 2003 the Washington State Department of Ecology (DOE) adopted
new rules, pursuant to RCW 90.58.200, to carry out provisions of the Shoreline
Management Act; and
WHEREAS, DOE's new rules are set forth in WAC 173 -26, and these new rules
provide direction to local jurisdictions concerning the regulation of uses on shorelines of
the State, and
WHEREAS, RCW 90.58.080 directs local governments to develop or amend their
shoreline master programs consistent with the required elements of the guidelines
adopted by DOE, in accordance with a schedule established in that section, and
WHEREAS, the timetable set forth in RCW 90.58.080(2)(a)(ii) required the City of
Tukwila to amend its Shoreline Master Program by December 1, 2009; and
WHEREAS, the City began an update of its Shoreline Master Program in 1998,
established a Citizens Advisory Panel for initial policy and regulation guidance,
prepared background studies and used consultant services to prepare technical
documents; and
WHEREAS, the City renewed and continued its updating of the Shoreline Master
Program in 2008; and
WHEREAS, an environmental checklist was prepared for the staff draft Shoreline
Master Program update, accompanied by a draft "Cumulative Impacts Analysis," an
"Inventory and Characterization Report" and draft "Restoration Plan," and a
Determination of Non Significance was issued August 13, 2008; and
WHEREAS, the Planning Commission reviewed a staff draft Shoreline Master
Program, held a public hearing on August 27, 2008, continued the hearing to October 9,
2008 to allow additional public input, and recommended adoption of a revised Shoreline
Master Program to the City Council in February 2009; and
WHEREAS, the City Council held a public hearing on April 20, 2009, continued the
hearing to July 13, 2009 and July 20, 2009 and conducted ten in -depth work sessions to
review the Planning Commission Recommended Draft Shoreline Master Program; and
WHEREAS, pursuant to WAC 173 -26 -186, City staff has analyzed the cumulative
impacts of the staff draft Shoreline Master Program, the Planning Commission
Recommended Draft Shoreline Master Program, and the Council revisions to the
Planning Commission Recommended Draft Shoreline Master Program and determined
that the Shoreline Master Program and accompanying goals, policies and regulations
will achieve no net loss of shoreline ecological functions, as compared to current
"baseline" conditions; and
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WHEREAS, pursuant to WAC 173 -26 -186, the proposed Shoreline Master Program
contains policies and regulations to ensure no net loss of shoreline ecological functions,
to address adverse cumulative impacts and to fairly allocate the burden of addressing
cumulative impacts among proposed developments; and
WHEREAS, the City Council reviewed written and verbal testimony and approved
revisions to the Planning Commission Recommended Draft Shoreline Master Program
to address issues raised by interested parties, individual Councilmembers, staff and the
Department of Ecology; and
WHEREAS, throughout the process of updating the Shoreline Master Program, a
variety of methods were used to notify the general public and property owners along the
shoreline of the proposed Shoreline Master Program update, including mailings to
property owners and tenants, notice boards along the Green River Trail, postings on the
City's web site, creation of a broadcast email group that received updates of the
shoreline review process and articles in the City's newsletter; and
WHEREAS, on December 14, 2009, the City Council adopted several ordinances
that adopted by reference the components of a new Shoreline Master Program; and
WHEREAS, those ordinances included Ordinance No. 2272, which amended
definitions pertaining to the shoreline in Chapter 18.06 of the Tukwila Municipal Code;
and
WHEREAS, Section 48 of Ordinance No. 2272 provided that it would not be
effective until the later of five days after passage and publication or approval by the
Washington State Department of Ecology of the Shoreline Master Program; and
WHEREAS, the City thereafter submitted Ordinance No. 2272 to the Department of
Ecology for review and approval; and
WHEREAS, the Department of Ecology accepted written public comments on the
City's December 14, 2009 Shoreline Master Program, and held a public hearing on
September 29, 2010; and
WHEREAS, the Department of Ecology reviewed the adopted Shoreline Master
Program and required and recommended certain changes to the Program before it can
receive final state approval; and
WHEREAS, notice of the review of DOE's required and recommended changes
was provided via postings on the City's web site, a -mails to the broadcast e-mail group,
and articles in the "Hazelnut" and "Tukwila Reporter;" and
WHEREAS, the City Council conducted a work session on May 11, 2011, to
consider the DOE required and recommended changes, and held a public hearing on
June 27, 2011 to receive public testimony on the DOE required and recommended
changes; and
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WHEREAS, the City Council concurs with and desires to adopt the Department of
Ecology's required changes and some of its recommended changes; and
WHEREAS, the updated Shoreline Master Program will be implemented by revised
shoreline regulations, codified in Tukwila Municipal Code (TMC) Chapter 18.44; and
WHEREAS, new and revised Zoning Code definitions, codified in Chapter 18.06 of
the Tukwila Municipal Code, are required to implement the changes to TMC Chapter
18.44 and the updated Shoreline Master Program, and
WHEREAS, notice was provided to the Washington State Department of
Commerce pursuant to RCW 36.70A.106
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Definition Added. A new definition is added to TMC Chanter 18.06 to
read as follows:
"Accessory Use" means a use associated with the principle use on a shoreline
Dropertv that is subordinate and incidental to the principle use. An accessory use must
be minor in nature and compatible with uses in the immediate vicinitv.
Section 2. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Appurtenance" means a structure that is necessarily connected to the use and
enjoyment of a single family residence, including a garage, deck, driveway, utilities,
fences, installation of a septic tank and drain field and grading that does not exceed 250
cubic yards and which does not involve placement of fill in any wetland or waterward of
the ordinary high water mark (WAC 173 -27 -040 (2) (g)).
Section 3. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Armoring" means the control of shoreline erosion with hardened structures, such
as bulkheads, sea walls, and riprap.
Section 4. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Bank" means the rising ground bordering a water body and forming an edge or
slope.
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Section 5. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Bioengineering" means integrating living woody and herbaceous materials with
organic (plants, wood, jute mats, coir logs, etc) and inorganic materials (rocks, soils) to
increase the strength and structure of the soil along a riverbank, accomplished by a
dense matrix of roots that hold the soil together. The above ground vegetation
increases the resistance to flow and reduces flow velocities by dissipating energy.
Section 6. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Bulkhead" means vertical structures erected parallel to and near the ordinary high
water mark for the purpose of protecting adjacent uplands from erosion from the action
of waves or currents.
Section 7. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Channel migration zone" means the area along a river within which the
channel(s) can be reasonably predicted to migrate over time as a result of natural and
normally occurring hydrological and related processes when considered with the
characteristics of the river and its surroundings.
Section 8. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Dike" means an embankment or structure built in the river channel to contain or
redirect flow within the channel and prevent shoreline destabilization.
Section 9. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Development, shoreline" means, when conducted within the Shoreline
Jurisdiction on shorelands or shoreland areas as defined herein, a use consisting of the
construction or exterior alteration of structures; dredging; drilling; dumping; filling;
removal of any sand, gravel, or minerals; construction of bulkheads; driving of piling;
placing of obstructions, or any project of a permanent or temporary nature that
interferes with the normal public use of the waters overlying lands subject to the
Shoreline Management Act at any stage of water level.
Section 10. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Ecological /ecosystem functions (or shoreline functions)" means the work
performed or role played by the physical, chemical, and biological processes that
contribute to the maintenance of the aquatic and terrestrial environments that constitute
the shoreline's natural ecosystem. See WAC 173 -26 -200 (2)(c).
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Section 11. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Ecosystem -wide processes" means the suite of naturally occurring physical and
geologic processes of erosion, transport, and deposition; and specific chemical
processes that shape landforms within a specific shoreline ecosystem and determine
both the types of habitat and the associated ecological functions.
Section 12. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Environment designation" means the term used to describe the character of the
shoreline in Tukwila based upon the recommended classification system established by
WAC 173 -26 -211 and as further refined by Tukwila's Shoreline Master Program (SMP).
Section 13. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Feasible" means, for the purpose of the Shoreline Master Program, that an action
such as a development project, mitigation, or preservation requirement, meets all of the
following conditions:
1. The action can be accomplished with technologies and methods that have
been used in the past in similar circumstances, or studies or tests have demonstrated in
similar circumstances that such approaches are currently available and likely to achieve
the intended results;
2. The action provides a reasonable likelihood of achieving its intended
purpose, and
3. The action does not physically preclude achieving the project's primary
intended legal use.
In cases where these guidelines require certain actions unless they are infeasible,
the burden of proving infeasibility is on the applicant. In determining an action's
infeasibility, the reviewing agency may weigh the action's relative public costs and
public benefits, considered in the short- and long -term time frames.
Section 14. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Flood plain" means that land area susceptible to inundation with a one percent
chance of being equaled or exceeded in any given year (synonymous with 100 -year
flood plain). The limit of this area shall be based upon flood ordinance regulation maps
or a reasonable method that meets the objectives of the Shoreline Management Act.
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Section 15. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Flood hazard reduction" means actions taken to reduce flood damage or
hazards. Flood hazard reduction measures may consist of nonstructural or indirect
measures, such as setbacks, land use controls, wetland restoration, dike removal, use
relocation, bioengineering measures, and storm water management programs; and of
structural measures such as dikes and levees intended to contain flow within the
channel, channel realignment, and elevation of structures consistent with the National
Flood Insurance Program.
Section 16. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Floodway" means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot.
Section 17. Definition Amended. Ordinance 1758 §1 (part), as codified in TMC
Chapter 18.06, "Definitions," at TMC Section 18.06.370, "Grading is amended to read
as follows:
18.06.370 Grading
"Grading" means ,aRy cxc
sv or spy— GGrRb th leN .-of, whiGh alters tine exert sur of ♦•ho eagh
activitv that results in chanqe of the cover or topographv of the earth. or anv activity that
may cause erosion, including clearina, excavation, filling and stockpiling.
Section 18. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Large Woody Debris (LWD)" means whole trees with root wads and limbs
attached, cut logs at least 4 inches in diameter along most of their length, root wads at
least 6.5 feet long and 8 inches in diameter. Large woody debris is installed to address
a deficiency of habitat and natural channel forming processes.
Section 19. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Levee" means a broad embankment of earth built parallel with the river channel to
contain flow within the channel and prevent flooding from a designated design storm.
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Section 20. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Levee, Minimum Profile" means the minimum levee profile for any new or
reconstructed levees is the King County "Briscoe Levee" profile -2.5:1 overall slope
with 15 -foot mid -slope bench for maintenance access and native vegetation plantings.
Section 21. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Mean Higher High Water (MHHW)" means the average of the higher high water
height of each tidal day, and used in determining the ordinary high water mark for the
tidally influenced portions of the river.
Section 22. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Native Vegetation" means vegetation with a genetic origin of Western
Washington, Northern Oregon and Southern British Columbia, not including cultivars.
Section 23. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"No Net Loss" means a standard intended to ensure that shoreline development
or uses, whether permitted or exempt, are located and designed to avoid loss or
degradation of shoreline ecological functions that are necessary to sustain shoreline
natural resources.
Section 24. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Nonconforming use, shoreline" means a use or development that was lawfully
constructed or established prior to the effective date of the Shoreline Management Act
or the Shoreline Master Program or amendments thereto, but which does not conform
to present regulations or standards of the program.
Section 25. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Non- water oriented uses" means those uses that are not water dependent,
water related, or water enjoyment.
Section 26. Definition Amended. Ordinance 1758 §1 (part), as codified in TMC
Chapter 18.06, "Definitions," at TMC Section 18.06.605, "Ordinary High Water Mark is
amended to read as follows:
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18.06.605 Ordinary High Water Mark
"Ordinary High Water Mark" means the mark that will be found by examining the
bed and banks ef a stFea and ascertaining where the presence and action of waters
(all lakes, streams, and tidal water) are so common and usual, and so lonq continued in
all ordinary vears, as to d'S+a, upon the soil a character distinct from that of the
abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it
may naturally chanqe thereafter, or as it may chance thereafter in accordance with
permits issued by a local aovernment or the Department of Ecoloqv. In any area where
the ordinary high water mark cannot be found. the ordinary high water mark adioininq
salt water shall be the line of mean hiaher hiqh tide and the ordinary high water mark
adioininq fresh water shall be the line of mean hiah water.
Section 27. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Overwater Structure" means any device or structure projecting over the ordinary
high water mark, including, but not limited to bridges, boat lifts, wharves, piers, docks,
ramps, floats or buoys.
Section 28. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Public Access" means the ability of the general public to reach, touch or enjoy
the water's edge, to travel on the waters of the state, and to view the water and the
shoreline from adjacent locations. Public access may be provided by an owner by
easement, covenant, or similar legal agreement of substantial walkways, corridors,
parks, or other areas serving as a means of view and /or physical approach to public
waters. The Director may approve limiting public access as to hours of availability,
types of activity permitted, location and area.
Section 29. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Regional Detention Facility" means a stormwater detention and /or retention
facility that accepts flow from multiple parcels and /or public right -of -way. The facility
may be public or private.
Section 30. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Revetment" means a sloping structure built to increase bank strength and protect
an embankment or shore against erosion by waves or river currents. A revetment is
usually built of rock rip -rap, wood, or poured concrete. One or more filter layers of
smaller rock or filter cloth and "toe" protection are included. A revetment typically
slopes and has a rough or jagged face. The slope differentiates it from a bulkhead,
which is a vertical structure.
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Section 31. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Riparian" means the land along the margins of rivers and streams.
Section 32. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Riverbank analysis and report" means a scientific study or evaluation conducted
by qualified experts and the resulting report to evaluate the ground and /or surface
hydrology and geology, the geomorphology and hydraulic characteristics of the river,
the affected land form and its susceptibility to mass wasting, erosion, scouring and other
geologic hazards or fluvial processes. The report shall include conclusions and
recommendations regarding the effect of the proposed development on geologic and /or
hydraulic 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 geological, hydrological and
hydraulic impacts of the proposed development, including the potential adverse impacts
to adjacent and down current properties. Geotechnical /hydrological /hydraulic reports
shall conform to accepted technical standards and must be prepared by qualified
professional engineers or geologists who have professional expertise about the regional
and local shoreline geology and processes.
Section 33. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
Shorelands or shoreland areas" means those lands extending landward for 200
feet in all directions as measured on a horizontal plane from the ordinary high water
mark; floodways and contiguous flood plain areas landward 200 feet from such
floodways; and all wetlands and river deltas associated with the streams, lakes and tidal
waters that are subject to the provisions of the Shoreline Management Act.
Section 34. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Shoreline areas" means all "shorelines of the state" and "shorelands" as defined
in RCW 90.58.030.
Section 35. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Shoreline Jurisdiction" means the channel of the Green /Duwamish River, its
banks, the upland area which extends from the ordinary high water mark landward for
200 horizontal feet on each side of the river, floodways and all associated wetlands
within its 100 -year flood plain. For the purpose of determining shoreline jurisdiction
only, the floodway shall not include those lands that have historically been protected by
flood control devices and therefore have not been subject to flooding with reasonable
regularity.
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Section 36. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Shoreline modifications" means those actions that modify the physical
configuration or qualities of the shoreline area, through the construction or alteration of
a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead,
or other shoreline structure. "Shoreline modifications" may also include other actions,
such as clearing, grading, or application of chemicals.
Section 37. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Shoreline restoration or ecological restoration" means the re- establishment or
upgrading of impaired ecological shoreline processes, functions or habitats, including
any project that is approved by the Federal, State, King County, or City government or
the WRIA 9 Steering Committee, is intended to provide habitat restoration and where
the future use of the site is restricted through a deed restriction to prohibit non habitat
uses. This may be accomplished through measures including, but not limited to, re-
vegetation, removal of intrusive shoreline structures and removal or treatment of toxic
materials. Restoration does not imply a requirement for returning the shoreline area to
aboriginal or pre- European settlement conditions.
Section 38. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Shoreline Stabilization" means actions taken to protect riverbanks or adjacent
uplands from erosion resulting from the action of waves or river currents. "Hard"
structural stabilization includes levees, bulkheads and revetments. "Soft" shoreline
stabilization includes use of bioengineering measures where vegetation, logs, and /or
certain types of rock is used to address erosion control and /or slope stability.
Section 39. Definition Deleted. Ordinance No. 1758 §1 (part), as codified in TMC
Chapter 18.06, "Definitions," at TMC Section 18.06.765, "Shoreline zone," is deleted.
Section 40. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Significant Tree, Shoreline" means a single trunked tree that is 4 inches or more
in diameter at a height of 4 feet above the ground or a multi trunked tree with a diameter
of 2 inches or more (such as willows or vine maple).
Section 41. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Significant vegetation removal" means the removal or alteration of trees,
shrubs, and /or ground cover by clearing, grading, cutting, burning, chemical means, or
other activity that causes significant ecological impacts to functions provided by such
vegetation. The removal of invasive or noxious weeds does not constitute significant
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vegetation removal. Tree pruning, not including tree topping, where it does not affect
ecological functions, does not constitute significant vegetation removal.
Section 42. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Substantial development" means any development of which the total cost or fair
market value exceeds $5,000.00 oF as adjusted by the State to aGGOURt for inflation, or
any development that materially interferes with the normal public use of the water or
shorelines of the state. The dollar threshold established in this definition must be
adiusted for inflation by the Ooffice of Ffinancial Mtganaaement every five vears,
beginnina Julv 1. 2007, based upon changes in the Cconsumer Porice Index during
that time period. "Consumer Porice l+ndex" means, for anv calendar vear, that vear's
annual averaqe CEonsumer Porice l+ndex. Seattle. Washinqton area, for urban waae
earners and clerical workers. all items. compiled by the Bureau of Labor and Statistics,
United States Department of Labor. The following shall not be considered substantial
developments for the purpose of the Shoreline Management Act, but are not exempt
from complying with the substantive requirements of this Shoreline Master Program:
1. Normal maintenance or repair of existing structures or developments,
including repair of damage caused by accident, fire, or elements.
2. Emergency construction necessary to protect property from damage by the
elements.
3. Construction and practices normal or necessary for farming, irrigation, and
ranching activities, including agricultural service roads and utilities on shorelands, and
the construction and maintenance of irrigation structures including but not limited to
head gates, pumping facilities, and irrigation channels. A feedlot of any size, all
processing plants, other activities of a commercial nature, and alteration of the contour
of the shorelands by leveling or filling other than that which results from normal
cultivation, shall not be considered normal or necessary farming or ranching activities.
A feedlot shall be an enclosure or facility used or capable of being used for feeding
livestock hay, grain, silage, or other livestock feed, but shall not include land for growing
crops or vegetation for livestock- feeding and /or grazing, nor shall it include normal
livestock wintering operations.
4. Construction or modification of navigational aids such as channel markers
and anchor buoys.
5. Construction on shorelands by an owner, lessee, or contract purchaser of a
single family residence for his own use or for the use of his or her family, which
residence does not exceed a height of 35 feet above average grade level and which
meets all requirements of the state agency or local government having jurisdiction
thereof, other than requirements imposed pursuant to this chapter.
6. Construction of a dock, including a community dock, designed for pleasure
craft only, for the private non commercial use of the owner, lessee, or contract
purchaser of single and multiple family residences. This exception applies if either:
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(a) In salt waters, the fair market value of the dock does not exceed
$2,500; or
(b) in fresh waters, the fair market value of the dock does not exceed
$10,000, but if subsequent construction having a fair market value exceeding $2,500
occurs within five years of completion of the prior construction, the subsequent
construction shall be considered a substantial development for the purpose of this
chapter.
7. Operation, maintenance, or construction of canals, waterways, drains,
reservoirs, or other facilities that now exist or are hereafter created or developed as a
part of an irrigation system for the primary purpose of making use of system waters,
including return flow and artificially stored groundwater for the irrigation of lands.
8. The marking of property lines or corners on state owned lands, when such
marking does not significantly interfere with normal public use of the surface of the
water.
9. Operation and maintenance of any system of dikes, ditches, drains, or
other facilities existing on September 8, 1975, which were created, developed, or
utilized primarily as a part of an agricultural drainage or diking system.
10. Site exploration and investigation activities that are prerequisite to
preparation of an application for development authorization under this chapter, if
a. The activity does not interfere with the normal public use of the surface
waters;
b. The activity will have no significant adverse impact on the environment
including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and
aesthetic values;
c. The activity does not involve the installation of a structure, and upon
completion of the activity the vegetation and land configuration of the site are restored
to conditions existing before the activity;
Cl. A private entity seeking development authorization under this section
first posts a performance bond or provides other evidence of financial responsibility to
the local jurisdiction to ensure the site is restored to preexisting conditions; and
e. The activity is not subject to the permit requirements of RCW
90.58.550 (Oil and Natural Gas exploration in marine waters).
11. The process of removing or controlling an aquatic noxious weed, as
defined in RCW 17.26.020, through the use of an herbicide or other treatment methods
applicable to weed control that are recommended by a final environmental impact
statement published by the Department of Agriculture or the department jointly with
other state agencies under chapter 43.21 C RCW.
12. Watershed restoration projects, which means a public or private project
authorized by the sponsor of a watershed restoration plan that implements the plan or a
part of the plan and consists of one or more of the following activities:
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a. A project that involves less than 10 miles of stream reach, in which
less than 25 cubic yards of sand, gravel, or soil is removed, imported, disturbed or
discharged, and in which no existing vegetation is removed except as minimally
necessary to facilitate additional plantings.
b. A project for the restoration of an eroded or unstable stream bank that
employs the principles of bioengineering, including limited use of rock as a stabilization
only at the toe of the bank, and with primary emphasis on using native vegetation to
control the erosive forces of flowing water.
c. A project primarily designed to improve fish and wildlife habitat,
remove or reduce impediments to migration of fish, or enhance the fishery resource
available for use by all of the citizen of the state, provided that any structure, other than
a bridge or culvert or instream habitat enhancement structure associated with the
project, is less than 200 square feet in floor area and is located above the ordinary high
water mark of the stream.
13. Watershed restoration plan, which means a plan, developed or sponsored
by the Department of Fish and Wildlife, the Department of Ecology, the Department of
Natural Resources, the Department of Transportation, a federally recognized Indian
tribe acting within and pursuant to its authority, a city, a county or a conservation district
that provides a general program and implementation measures or actions for the
preservation, restoration, re- creation, or enhancement of the natural resources,
character, and ecology of a stream, stream segment, drainage area or watershed for
which agency and public review has been conducted pursuant to the State
Environmental Policy Act.
14. A public or private project that is designed to improve fish or wildlife habitat
or fish passage, when all of the following apply:
a. The project has been approved in writing by the Department of Fish
and Wildlife;
b. The project has received hydraulic project approval by the Department
of Fish and Wildlife pursuant to chapter 77.55 RCW; and
c. The local government has determined the project is substantially
consistent with the local shoreline master program. The local government shall make
such determination in a timely manner and provide it by letter to the project proponent.
Additional criteria for determining eligibility of fish habitat projects are found in
WAC 173 -27 -040 2 (p) and apply to this exemption.
Section 43. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Water dependent" means a use or portion of a use that cannot exist in a location
that is not adjacent to the water and that is dependent on the water by reason of the
intrinsic nature of its operations. Examples of water dependent uses include ship cargo
terminal loading areas, marinas, ship building and dry docking, float plane facilities,
sewer outfalls, and shoreline ecological restoration projects.
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Section 44. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Water enjoyment" means a recreational use or other use that facilitates public
access to the shoreline as a primary characteristic of the use. The use must be open to
the general public and the shoreline- oriented space within the project must be devoted
to the specific aspects of the use that fosters shoreline enjoyment. Examples of water
enjoyment uses include parks, piers, museums, restaurants, educational /scientific
reserves, resorts and mixed use projects.
Section 45. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Water oriented" means a use that is water dependent, water related or water
enjoyment or a combination of such uses.
Section 46. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Water related" means a use or portion of a use that is not intrinsically dependent
on a waterfront location but whose economic viability is dependent upon a waterfront
location because:
a. The use has a functional requirement for a waterfront location such as
the arrival or shipment of materials by water or the need for large quantities of water; or
b. The use provides a necessary service supportive of the water
dependent uses and the proximity of the use to its customers makes its services less
expensive and /or more convenient.
Examples of water related uses are warehousing of goods transported by water,
seafood processing plants, hydroelectric generating plants, gravel storage when
transported by barge, and log storage or oil refineries where transport is by tanker.
Section 47. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"WRIA" means Water Resource Inventory Area —river basin planning and
management areas formalized under Washington Administrative Code (WAC) 173 -500-
04 and authorized under the Water Resources Act of 1971, Revised Code of
Washington (RCW) 90.54. WRIA 9 refers to the Green /Duwamish River Basin within
which Tukwila is located.
Section 48. Repealer. Ordinance No. 2272 is hereby repealed.
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Section 49. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 50. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
following five days after passage and publication as provided by law, and receipt by the
Washington State Department of Ecology of a copy of this ordinance constituting the
City's agreement to the Department of Ecology's required changes to the definitions in
the City's shoreline regulations set forth herein.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
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