23.60A.152

All developments, shoreline modifications, including land disturbing activity, and uses are subject to the following general development standards, whether they are located on dry land, overwater or in setbacks: A. All shoreline developments, shoreline modifications, and uses shall be located, designed, constructed and managed to achieve no net loss of ecological functions. No net loss of ecological functions shall be achieved by applying the standards set out in this Chapter 23.60A , including applying mitigation sequencing pursuant to Section 23.60A.158 . B. All shoreline development, shoreline modifications, and uses shall be located, designed, constructed, and managed to avoid, or if that is infeasible, to minimize to the maximum extent feasible, adverse impacts or interference with beneficial natural shoreline processes such as water circulation, littoral drift, sand movement, or erosion. C. All shoreline developments, shoreline modifications, and uses shall be located, designed, constructed, and managed to prevent the need for shoreline defense and stabilization measures and flood protection works such as bulkheads, other bank stabilization, fills, levees, dikes, groins, jetties, dredging, or substantial site regrades to the extent feasible except as allowed in Section 23.60A.188 . D. All new shoreline development and uses shall be sited and designed to avoid or, if that is infeasible, to minimize to the maximum extent feasible the need for new and maintenance dredging. E. All shoreline developments, shoreline modifications, and uses shall be located, designed, constructed, and managed in a manner that minimizes adverse impacts to surrounding land and water uses in the Shoreline District and is compatible with the affected area in the Shoreline District. F. All shoreline developments, shoreline modifications, and uses shall be located, constructed, operated, and managed to protect public health and safety. G. Disturbance areas and land clearing shall be limited to the minimum necessary for development. Any surface disturbed or cleared of vegetation and not to be used for development shall be planted with native vegetation, except that pre-disturbance landscaped areas containing non-native vegetation located outside the shoreline setback may be re-landscaped using non-native, noninvasive vegetation pursuant to Section 23.60A.190 . H. All shoreline developments, shoreline modifications, and uses shall use best management practices pursuant to DR 16-2009, Construction Stormwater Control Technical Requirements, to control impacts during construction. I. All shoreline developments, shoreline modifications, and uses shall be located, designed, constructed, operated and managed to: protect the quality and quantity of surface and ground water on and adjacent to the development lot by using best management practices as follows: 1. Keep all material on the property appropriately stored, and maintain all structures, machinery, and materials on the property to prevent the entry of debris and waste materials into any water body. 2. Pave and/or berm drum storage areas, and control fugitive dust to prevent contamination of land or water. 3. Minimize the impervious surface on the site, and use permeable surfacing where practicable, except where other required state or federal permits prohibit such actions. 4. Use other control measures as appropriate, including but not limited to bioretention, rainwater harvesting, downspout dispersion, filters, catch basins, and planted buffers. J. All in-water and over-water structures shall be designed, located, constructed, and managed to avoid adverse impacts to aquatic habitat, such as increased salmonid predator habitat and adverse impacts due to shading, to the maximum extent feasible and to limit construction to the times of the year when construction will have the least impact on migrating salmonids as set by WDFW and the U.S. Army Corps of Engineers. K. Durable, non-toxic components are the first priority for in-water and over-water structures and shall be used unless it is unreasonable. Treated wood and other material shall be the least toxic according to industry standards. Treated wood used shall be applied and used in accordance with the American Wood Preserver Association (AWPA) standards for aquatic use. Wood treated with pentachlorophenol, creosote, chromate copper arsenate (CCA), or comparably toxic compounds is prohibited for decking or piling. L. Creosote piles 1. Creosote treated piles may be repaired if: a. the piling is under a structure that is not being replaced; or b. fewer than 50 percent of the existing piles are in need of repair under a structure that is being replaced. 2. "Sleeving" shall be the repair method used unless another method provides better protection of ecological functions. 3. Creosote treated piles in need of repair must be replaced if under a structure that is being replaced and 50 percent or more of the number of piles are proposed to be repaired, if reasonable. M. Replaced covered moorage and new and replaced boat sheds shall be designed to provide the maximum ambient light to reach the water. Designs shall: 1. Minimize sides of the structures; and 2. Provide light transmitting roofing and side material to the maximum extent feasible. N. Light transmitting features are required to be installed for all new and replaced piers and floats, over-water boat repair facilities and similar structures to the maximum extent feasible. When determining feasibility of light transmitting features for nonresidential piers and floats see subsection 23.60A.187.E.6. O. Tires are prohibited as part of above or below water structures or where tires could potentially come in contact with the water (e.g., floatation, fenders, hinges). During maintenance of structures using tires, existing tires shall be removed or replaced with nontoxic material. P. All foam material, whether used for floatation or for any other purpose, shall be encapsulated within a shell that prevents breakup or loss of the foam material into the water and that is not readily subject to damage by ultraviolet radiation or abrasion. During maintenance of structures using foam, existing un-encapsulated foam material shall be removed or replaced with material meeting the standards of this subsection 23.60A.152.P. Q. Artificial night lighting shall first be avoided. If that is infeasible, lighting should minimize night light impacts on the aquatic environment by focusing the light on the pier surface, using shades that minimize illumination of the surrounding environment and using lights that minimize penetration into the water, to the maximum extent feasible, considering the activities that occur at the site at night. R. The release of oil, chemicals, solid waste, untreated effluents, or other hazardous materials onto or into the water is prohibited. Best management practices shall be employed for the safe handling of these materials to prevent them from entering the water. Equipment for the transportation, storage, handling or application of such materials shall be maintained in a safe and leak-proof condition. If there is evidence of leakage, the further use of such equipment shall be suspended until the cause has been completely corrected. Best management practices shall be employed for prompt and effective clean-up of any spills that occur. A spill prevention and response plan to meet the above requirements may be required by the Director prior to issuance of a permit unless the Director has determined that it is reasonable to provide the plan prior to commencement of construction. S. Facilities, equipment and established procedures for the containment, recovery and mitigation of spilled petroleum products shall be provided at recreational marinas, commercial marinas, vessel repair facilities, marine service stations and any use regularly servicing vessels that have petroleum product capacities of 10,500 gallons or more. A third party may provide the containment and clean-up of spills if a containment boom, capable of containing a spill from the largest vessel, is available on site and personnel are trained to deploy containment booms around vessels moored at the site. T. Construction and repair work shall use best management practices to prevent the entry of debris and other waste materials into any water body. No over-water or in-water application of paint, preservative treatment, or other chemical compounds is permitted, except in accordance with best management practices. Any cleaning, sanding, cutting of treated wood, or resurfacing operation occurring over-water or in-water shall employ tarpaulins securely affixed above the water line to prevent material from entering the water. Prior to removing the tarpaulins, the accumulated contents shall be removed by vacuuming or an equivalent method that prevents material from entering the water. U. Construction staging areas shall be as far from the OHW mark as reasonable. For projects involving concrete, a concrete truck chute cleanout area shall be established to contain wet concrete. All inlets and catch basins shall be protected from fresh concrete, paving, paint stripping and other high-risk pollution generating activities during construction. V. If at any time project-related activities cause a fish kill, the permittee shall stop all work relating to the fish kill and immediately notify the Seattle Department of Construction and Inspection, WDFW, and Ecology. W. Navigation channels shall be kept free of hazardous or obstructing development or uses. X. On waterfront lots uses that are not water-dependent shall be designed and located on the shoreline to encourage efficient use of the shoreline and to allow for water-dependent uses. Design considerations may include additional setbacks from all or a portion of the water's edge, joint use of piers and wharves with water-related or water-dependent uses, development of the lot with a mixture of water-related and water-dependent uses, or other means of ensuring continued efficient use of the shoreline by water-dependent uses. Y. All open areas used for boat storage are required to be screened with natural existing vegetated buffers or planted landscaped areas except for lots with a dry land lot depth of less than 35 feet and areas within the UG, UI and UM Environments. Screening shall include a 5 foot wide landscaping strip with native evergreen plantings at least 3 feet tall. The screening shall be located outside any required sight triangle. The requirement for screening may be waived or modified by the Director to address traffic safety. (Ord. 124919 , § 150, 2015; Ord. 124750 , § 6, 2015; Ord. 124105 , § 3, 2013.)