A. 
All project proposals, including those for which a shoreline substantial development permit is not required, shall comply with Chapter 43.21C RCW, the Washington State Environmental Policy Act.
B. 
All project proposals, including those for which a shoreline substantial development permit is not required, shall comply with integrated critical areas standards of NBMC Title 14 (amended by Ordinance 1688 on May 21, 2019); specifically Chapter 14.06 NBMC, Wetland Critical Areas, Chapter 14.07 NBMC, Critical Aquifer Recharge Areas, Chapter 14.09 NBMC, Streams and Other Fish and Wildlife Habitat Areas, Chapter 14.11 NBMC, Geologically Hazardous Areas, and Chapter 14.12 NBMC, Floodplain Management, except the following:
1. 
Activities that are exempt from the critical areas code per NBMC § 14.05.130 shall comply with this program. Such activities may require a shoreline letter of exemption, shoreline substantial development permit, shoreline variance or shoreline conditional use permit consistent with the administrative provisions in Article VI of this SMP.
2. 
Exceptions from the critical areas code per NBMC § 14.05.140 (Exceptions) shall not apply in shoreline jurisdiction. Projects that propose to vary from the standards of this SMP and integrated critical areas code standards shall require a shoreline variance according to the provisions of this SMP and Chapter 173-27 WAC.
3. 
Variances from the critical areas code per NBMC § 14.05.150 (Variances) shall not apply in shoreline jurisdiction. All requests for variances within shoreline jurisdiction shall require a shoreline variance according to the provisions of this SMP and Chapter 173-27 WAC.
4. 
Procedural provisions, such as definitions in NBMC § 14.05.040, appeals per NBMC § 14.05.120, and enforcement and inspections per NBMC § 14.05.100, within shoreline jurisdiction shall be governed by this SMP and not the critical areas code.
5. 
Permitted activities provided in NBMC § 14.06.030 (permitted alterations – wetlands), 14.09.040 (permitted alterations – streams and other fish and wildlife habitat conservation areas), and 14.11.050 (performance standards – geologically hazardous areas) shall be permitted and shall not require a shoreline variance when consistent with this SMP and all applicable critical areas ordinance standards. Such activities shall be reviewed and permitted consistent with this SMP, and shall require a shoreline letter of exemption, shoreline substantial development permit, or shoreline conditional use permit consistent with the administrative provisions in Article VI of this SMP.
6. 
Buffers. The following buffers are the minimum requirements for streams in shoreline areas. All buffers shall be measured horizontally from the OHWM, and may be modified consistent with the critical area provisions.
a. 
Type S streams shall have the following buffers:
i. 
Natural environment designation: 150 feet (regulated entirely as "inner buffer").
ii. 
Urban conservancy – recreational/open space environment designation: 150 feet, divided between the waterward 100 feet ("inner buffer") and the landward 50 feet ("outer buffer").
iii. 
Urban conservancy – residential environment designation: 100 feet or 20 feet from the edge of the floodway, whichever is greater, divided between the waterward 75 feet ("inner buffer") and the remainder of the buffer ("outer buffer").
iv. 
Shoreline Residential Environment Designation.
(A) 
Middle Fork Snoqualmie River: 85 feet, divided between the waterward 50 feet ("inner buffer") and the landward 35 feet ("outer buffer").
(B) 
South Fork Snoqualmie River: 35 feet from the OHWM or 20 feet from the edge of the floodway, whichever is greater, except that development landward of a levee shall have a buffer measured 30 feet from the riverside top of the levee. The waterward 25 feet measured from OHWM shall be regulated as "inner buffer" and the remainder of the buffer shall be regulated as "outer buffer" (see diagrams below).
v. 
Commercial Conservancy Environment Designation.
(A) 
Middle Fork Snoqualmie River: 75 feet from the OHWM or 20 feet from the edge of the floodway, whichever is greater, divided between the waterward 50 feet ("inner buffer") and the remainder of the buffer ("outer buffer").
(B) 
South Fork Snoqualmie River: 100 feet from the OHWM or 20 feet from the edge of the floodway, whichever is greater, divided between the waterward 75 feet ("inner buffer") and the remainder of the buffer ("outer buffer").
vi. 
When environment designations are parallel, the buffer of the waterward environment extends only to the upland edge of that environment. The buffer for the landward environment, if it extends onto the upland environment as measured from the OHWM, would apply to uses and modifications in that upland environment.
b. 
Type FF streams: 100 feet, divided between the waterward 75 feet ("inner buffer") and the landward 25 feet ("outer buffer").
c. 
Type Np streams shall have a 50-foot buffer on each side of the channel.
d. 
Type Ns streams shall have a 25-foot buffer on each side of the channel.
C. 
Applicants shall apply the following sequence of steps in order of priority to avoid or minimize significant adverse effects and significant ecological impacts, with subsection (C)(1) of this section being top priority:
1. 
Avoiding the adverse impact altogether by not taking a certain action or parts of an action;
2. 
Minimizing adverse 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 adverse impact by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project;
4. 
Reducing or eliminating the adverse impact over time by preservation and maintenance operations;
5. 
Compensating for the adverse impact by replacing, enhancing, or providing substitute resources or environments; and
6. 
Monitoring the adverse impact and the compensation projects and taking appropriate corrective measures.
D. 
Projects that cause significant adverse ecological impacts, as defined in NBMC § 14.20.190, Definitions, are not allowed unless mitigated according to subsection B of this section to avoid reduction or damage to ecosystem-wide processes and ecological functions. As part of this analysis, the applicant shall evaluate whether the project may adversely affect existing hydrologic connections between streams and wetlands, and either modify the project or mitigate any impacts as needed.
E. 
The city shall require mitigation measures and/or permit conditions based on the provisions of this SMP in order to mitigate adverse impacts. In order to determine acceptable mitigation or permit conditions, the shoreline administrator may require the applicant to provide the necessary environmental information and analysis, including a description of existing conditions/ecological functions and anticipated shoreline impacts, along with a mitigation plan outlining how proposed mitigation measures would result in no net loss of shoreline ecological functions.
F. 
When compensatory measures are appropriate pursuant to the mitigation priority sequence above, preferential consideration shall be given to measures that replace the adversely impacted functions directly and in the immediate vicinity of the adverse impact. However, alternative compensatory mitigation within the watershed that addresses limiting factors or identified critical needs for shoreline resource conservation based on watershed or comprehensive resource management plans, including the shoreline restoration plan, applicable to the area of adverse impact may be authorized. Authorization of compensatory mitigation measures may require appropriate safeguards, terms or conditions as necessary to ensure no net loss of ecological functions.
G. 
In addition to any requirements for specific critical areas found in this title, Environmental Protection, mitigation plans for any adverse impacts on ecological functions resulting from use, activity or development in shoreline jurisdiction, both inside and outside of critical areas, shall address the following:
1. 
Inventory existing shoreline environment including the physical, chemical and biological elements and provide an assessment of their condition;
2. 
A discussion of the project's compliance with mitigation sequencing requirements and remaining unavoidable adverse impacts on the ecological functions;
3. 
A discussion of any federal, state, or local special management recommendations which have been developed for critical areas or other species or habitats located on the site;
4. 
A discussion of measures to preserve existing habitats and opportunities to restore habitats that were degraded prior to the proposed land use activity;
5. 
A discussion of proposed measures which mitigate the adverse impacts of the project to ensure no net loss of shoreline ecological functions;
6. 
Scaled drawings of existing and proposed conditions, materials specifications, and a five-year maintenance and monitoring plan, including performance standards;
7. 
A discussion of proposed management practices which will protect fish and wildlife habitat both during construction and after the project site has been fully developed;
8. 
Contingency plan if the mitigation fails to meet established success criteria; and
9. 
Any additional information necessary to determine the adverse impacts of a proposal and mitigation of the impacts.
(Ord. 1476 § 2 (Exh. A (part)), 2012; Ord. 1701 § 1 (Exh. A (part)), 2019)
A. 
Vegetation conservation standards shall not apply retroactively to existing uses and developments. Vegetation associated with existing structures, uses and developments may be maintained within shoreline jurisdiction as stipulated in the approval documents for the development.
B. 
Regulations specifying establishment and management of shoreline buffers are located in NBMC § 14.20.290(B), Streams. Vegetation within shoreline buffers, other stream buffers, and wetlands and wetland buffers shall be managed consistent with critical area regulations as integrated by NBMC § 14.20.290.
C. 
Vegetation outside of shoreline buffers, other stream buffers, and wetlands and wetland buffers and within shoreline jurisdiction shall be managed according to this section, NBMC § 14.20.290, Environmental protection, and any other regulations specific to vegetation management contained in other articles of this chapter.
D. 
Vegetation clearing outside of wetlands and wetland and stream buffers shall be limited to the minimum necessary to accommodate approved shoreline development that is consistent with all other provisions of this SMP. Mitigation sequencing shall be applied so that the design and location of the structure or development minimizes native vegetation removal. Development or uses that require vegetation clearing shall be designed to avoid the following in the order indicated below, with subsection (D)(1) of this section being the most desirable vegetation to retain:
1. 
Native significant trees.
2. 
Nonnative significant trees.
3. 
Native and nonnative nonsignificant trees.
4. 
Other native vegetation.
E. 
Tree Retention and Removal Requirements. Tree retention and removal standards within shoreline jurisdiction shall be enforced consistent with applicable sections of Chapter 19.10 NBMC, including standards for tree retention and tree density requirements within NBMC § 19.10.091, § 19.10.092, § 19.10.093, § 19.10.094, and § 19.10.095.
F. 
Repealed by Ord. 1701.
G. 
Repealed by Ord. 1701.
H. 
Revegetation Option. Based upon recommendations in a report by the shoreline administrator, removal of areas of vegetation that might normally be saved may be permitted if extensive revegetation is accomplished. Such alternative may be desirable for sites with significant physical limitations such as topography or soil type, or where limitations of existing trees such as particular species or deteriorated health of a particular tree stand may make such options desirable. On a site with documented special circumstances, an alternative allowing removal of vegetation normally saved may be approved with a comprehensive revegetation plan prepared by an arborist and reviewed and approved by the shoreline administrator or her/his designee. At a minimum, the plan shall include:
1. 
Information required under NBMC § 14.20.650, and any additional requirements found in NBMC § 19.10.050 through § 19.10.070;
2. 
Consideration of the standards provided in subsection E of this section;
3. 
An evaluation of what circumstances are present in specific areas of the site to make incorporation of topography and existing vegetation undesirable and recommendations on what areas if any can be designed to accommodate existing vegetation;
4. 
Consideration of overstory and understory vegetative species to provide wildlife habitat and meet specific purposes important to the neighborhood environment and project design such as buffers, green belts, open spaces, street trees, urban beautification, solar access and other functions and purposes deemed desirable and appropriate to the anticipated use;
5. 
A comprehensive map showing location, number, types of species and size of planned vegetative improvements;
6. 
A timeline for completion of improvements;
7. 
An estimate of the value of vegetation that would normally be saved but that is being removed under this option. Said estimate must be accomplished pursuant to the most recent guidelines established by the International Society of Arboriculture in its "Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs and Evergreens";
8. 
Said plan shall provide for a commensurate value of vegetation to be installed as is to be taken out under this option. Said amount shall be 150 percent of what is normally required for landscaping in the projects not utilizing this option. The calculated value of the vegetation shall include only vegetative material and shall not include the applicant's administrative or labor costs, or the costs of the city's arborist;
9. 
A maintenance plan which includes provision for a grass, shrub and tree maintenance program and provides for adequate water supply until the plantings are established;
10. 
If any existing vegetation is to be saved, a plan shall be provided for the protection of said vegetation during construction activity, including fencing and other protective measures deemed necessary by the shoreline administrator; and
11. 
The performance and maintenance bond requirements of the city landscape code shall apply to revegetation plans.
I. 
Where adverse impacts on shoreline vegetation are permitted after mitigation sequencing has been applied as outlined in NBMC § 14.20.290(B), new developments or site alterations shall be required to develop and implement a mitigation plan. Mitigation plans shall be prepared by a qualified professional and shall contain information required in NBMC § 14.20.290(F). Mitigation measures shall be maintained over the life of the use and/or development.
J. 
Where native shoreline vegetation must be removed to accommodate a temporary staging area necessary to implement an allowed use, the area must be immediately stabilized and restored with native vegetation once construction is complete.
K. 
Selective pruning of trees for safety or view protection is allowed. Where trees pose a significant safety hazard as indicated in a written report by a certified arborist or other qualified professional, they may be removed or converted to wildlife snags if the hazard cannot be eliminated by pruning, crown thinning or other technique that maintains some habitat function.
L. 
Vegetation removal conducted without city authorization requires the submittal and approval of a restoration plan prepared by a qualified professional as defined in NBMC § 14.20.190. The mitigation plan must utilize only native vegetation, and should be designed to compensate for temporal loss of function and address the specific functions adversely impacted by the unauthorized vegetation removal.
M. 
With the exception of hand removal or spot-spraying of invasive or noxious weeds on shorelands, the determination of whether nonnative vegetation removal may be allowed in shoreline jurisdiction must be evaluated in conformance with this section, NBMC § 14.20.290 (Environmental protection), and critical area regulation as integrated by reference by NBMC § 14.20.290. Such removal of noxious weeds and/or invasive species shall be incorporated in mitigation plans, as necessary, to prevent erosion and facilitate establishment of a stable community of native plants.
N. 
Aquatic weed control shall only be permitted where the presence of aquatic weeds will adversely affect native plant communities, fish and wildlife habitats, or an existing water-dependent recreational use. Aquatic weed control efforts shall comply with all applicable laws and standards. Removal using mechanical methods is preferred over chemical methods.
(Ord. 1476 § 2 (Exh. A (part)), 2012; Ord. 1701 § 1 (Exh. A (part)), 2019)
A. 
All shoreline development, both during and after construction, shall avoid or minimize significant adverse ecological impacts, including any increase in surface runoff, through control, treatment, and release of surface water runoff so that water quality and quantity are not adversely affected. Control measures include, but are not limited to, low-impact development techniques, levees, catch basins or settling ponds, oil interceptor drains, grassy swales, planted buffers, and fugitive dust controls.
B. 
New development shall provide stormwater management facilities designed, constructed, and maintained in accordance with the latest version of the King County surface water design manual as adopted by the city, including the use of BMPs. Additionally, new development shall implement low-impact development techniques where feasible and necessary to fully implement the core elements of the surface water design manual.
C. 
BMPs for control of erosion and sedimentation shall be implemented for all development in shoreline jurisdiction through a city-approved temporary erosion and sediment control (TESC) plan, in accordance with the latest version of the King County surface water design manual as adopted by the city.
D. 
For development activities with the potential for adverse impacts on water quality or quantity in a stream or fish and wildlife habitat conservation area, a critical area report as prescribed by NBMC § 14.05.240 shall be prepared. Such reports should discuss the project's potential to exacerbate water quality parameters which are impaired and for which total maximum daily loads (TMDLs) for that pollutant have been established, and prescribe any necessary mitigation and monitoring.
E. 
All materials that may come in contact with water shall be constructed of materials, such as untreated wood, concrete, approved plastic composites or steel, that will not adversely affect water quality or aquatic plants or animals. Materials used for decking or other structural components shall be approved by applicable state agencies for contact with water to avoid discharge of pollutants from wave or boat wake splash, rain, or runoff. Wood treated with creosote, copper chromium arsenic, or pentachlorophenol is prohibited in shoreline waterbodies.
(Ord. 1476 § 2 (Exh. A (part)), 2012; Ord. 1701 § 1 (Exh. A (part)), 2019)
A. 
Public access includes the ability of the general public to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and shoreline from adjacent locations. Applicants required to provide shoreline public access shall provide physical or visual access, consistent with the city's parks, recreation, wildlife habitat and open space plan when applicable, unless specifically exempted in this section. Examples of physical and visual access are listed below.
1. 
Visual Access. Visual public access may consist of view corridors, viewpoints, or other means of visual approach to public waters.
2. 
Physical Access. Physical public access may consist of a dedication of land or easement and a physical improvement in the form of a walkway, trail, bikeway, park, boat or canoe and kayak launching ramp, dock area, view platform, or other area serving as a means of physical approach to public waters.
B. 
Except as provided in subsection C of this section, shoreline substantial developments and shoreline conditional uses shall provide for safe and convenient public access to and along the shoreline where any of the following conditions are present:
1. 
The development is proposed by a public entity or on public lands;
2. 
The nature of the proposed use, activity, or development will likely result in an increased demand for public access to the shoreline;
3. 
The proposed use, activity, or development is not a water-oriented or other preferred shoreline use, activity or development under the Act, such as a non-water-oriented commercial or industrial use;
4. 
The proposed use, activity, or development may block or discourage the use of customary and established public access paths, walkways, trails, or corridors;
5. 
The proposed use, activity, or development will interfere with the public use, activity and enjoyment of shoreline areas or waterbodies subject to the public trust doctrine; or
6. 
The proposed use, activity, or development includes key areas for public access recommended in the North Bend shoreline restoration plan.
C. 
An applicant may not be required to provide public access where one or more of the following conditions apply, provided such exceptions shall not be used to prevent implementing the access and trail provisions in Chapter 17.25 NBMC, Residential Recreation and Common Space Requirements, and the parks and open space element of the comprehensive plan:
1. 
Proposed use, activity, or development only involves the construction of four or fewer single-family or multifamily dwellings;
2. 
The nature of the use, activity, or development or the characteristics of the site make public access requirements inappropriate due to health, safety, or environmental hazards; the proponent shall carry the burden of demonstrating by substantial evidence the existence of unavoidable or unmitigable threats or hazards to public health, safety, or the environment that would be created or exacerbated by public access upon the site;
3. 
An existing, new or expanded road or utility crossing through shoreline jurisdiction is not required to create the need for public access if the development being accessed or served by the road or utility is located outside of shoreline jurisdiction;
4. 
The proposed use, activity, or development has security requirements that are not feasible to address through the application of alternative design features for public access such as off-site improvements, viewing platforms, and separation of uses through site planning and design;
5. 
The economic cost of providing for public access upon the site is unreasonably disproportionate to the total long-term economic value of the proposed use, activity, or development;
6. 
Safe and convenient perpendicular connections to the existing levee and trail system accessible to the public exist within approximately one-quarter mile of the site, and the city's parks and open space element of the comprehensive plan shows no gap in public access at the property;
7. 
Public access has reasonable potential to threaten or harm the natural functions and native characteristics of the shoreline and/or is deemed detrimental to threatened or endangered species under the Endangered Species Act; or
8. 
The site is within or part of an overall development, a binding site plan, or a planned unit development which has previously provided public access through other application processes.
D. 
Public access shall be located and designed to respect private property rights, be compatible with the shoreline environment, protect ecological functions and processes, and protect aesthetic values of shoreline.
E. 
Community access may be allowed if there is no existing or planned public access along the shoreline identified in the parks, recreation, wildlife habitat and open space plan. Where provided, community access shall be subject to all applicable development standards of this section. Community access is not required when any of the conditions under subsection C of this section apply and when the parks, recreation, wildlife habitat and open space plan does not indicate any planned public access in a particular location.
F. 
General Performance Standards.
1. 
Uses, activities and developments shall not interfere with the regular and established public use of the South and Middle Forks of the Snoqualmie River shorelines.
2. 
Shoreline substantial development or conditional uses shall minimize the impact on views of shoreline water bodies from public land or substantial numbers of residences.
3. 
Proponents shall include within their shoreline applications an evaluation of a proposed use, activity, or development's likely adverse impact on current public access and future demands for access to the site. Such evaluation shall consider potential alternatives and mitigation measures to further the policies of this SMP and the provisions of this section.
4. 
Public access easements, trails, walkways, corridors, and other facilities may encroach upon any buffers or setbacks as required in integrated critical areas standards (see NBMC § 14.20.290), or under other provisions of this SMP; provided, that such encroachment does not conflict with other policies and regulations of this SMP, and that no net loss of ecological function can be achieved.
5. 
Public access facilities shall accommodate persons with disabilities unless determined infeasible by the shoreline administrator.
G. 
Trails and Levees.
1. 
Existing equestrian and primitive trails shall be maintained and enhanced in the urban conservancy – recreation/open space and natural environment designation areas.
2. 
Shoreline along the South Fork of the Snoqualmie River includes levees that are in private ownership. Such levees shall provide:
a. 
Easement for maintenance access; and
b. 
Physical or visual public access when feasible and when part of the access and trail plan is mentioned in the parks, recreation, wildlife habitat and open space plan.
3. 
Where public access is to be provided by dedication of public access easements along the OHWM, the minimum width of such easements shall be as follows:
a. 
Regional trails: 12 feet total width with 10 feet of asphalt and two feet of shoulders. The standards may be adjusted by the shoreline administrator to avoid critical area impacts.
b. 
City trails: 12 feet total width clear zone accommodating eight feet of travel way, or as otherwise approved by the shoreline administrator to match existing connecting trails.
c. 
The public easements required pursuant to this section, for the purpose of providing access across or through the site to the OHWM, shall be improved and maintained by the property owner to provide for reasonable and safe public access to the OHWM.
H. 
Rights-of-Way, Easements, and Streets for Public Access.
1. 
The city shall retain public rights-of-way or easements as a means of retaining public access on the South and Middle Fork Snoqualmie River. Proposed use, activity or developments shall maintain public access provided by public street ends, public utilities, and rights-of-way.
2. 
The city shall obtain access rights dedication and easement to riverfront parcels, including levees and dikes whenever such opportunities and funding become available.
I. 
Where public access routes terminate, connections shall be made with the nearest public street unless determined by the shoreline administrator to be infeasible. Public access facilities required for an approved or permitted use, activity, or development shall be completed prior to occupancy and use of the site or operation of the activity. Public access shall make adequate provisions, such as screening, buffer strips according to NBMC Type 3 visual buffer, fences and signs, to prevent trespass upon adjacent properties and to protect the value and enjoyment of adjacent or nearby private properties and natural areas.
J. 
Off-site public access may be permitted by the city where it results in an equal or greater public benefit than on-site public access, or when on-site limitations of security, environment, compatibility or feasibility are present. Off-site public access may include, but is not limited to, enhancing a city-designated public property (e.g., existing public recreation site; existing public access; road, street or alley abutting a body of water; or similar) in accordance with city standards.
K. 
Signage.
1. 
Signage to be approved by the administrator shall be conspicuously installed along public access easements, trails, walkways, corridors, and other facilities to indicate the public's right of use and the hours of operation. The proponent shall bear the responsibility for establishing and maintaining such signs.
2. 
The administrator may require the proponent to post signage restricting or controlling the public's access to specific shoreline areas. The proponent shall bear the responsibility for establishing and maintaining such signage.
(Ord. 1476 § 2 (Exh. A (part)), 2012; Ord. 1701 § 1 (Exh. A (part)), 2019)
A. 
Development within the floodplain shall be completed consistent with requirements of this title, Chapters 14.10 (Channel Migration Zones) and 14.12 (Floodplain Management) NBMC.
B. 
During review of shoreline development proposals, the city may additionally condition proposals for development in floodplains as determined necessary to avoid significantly or cumulatively increasing flood hazards, including channel migration hazard.
(Ord. 1476 § 2 (Exh. A (part)), 2012; Ord. 1701 § 1 (Exh. A (part)), 2019)