The following standards in this section apply to all development, uses and activities within the shoreline jurisdiction that are commenced, constructed, altered or expanded after the effective date of this shoreline master program.
A development, activity or use that meets the exemption criteria of WAC 173-27-040(2), RCW 98.58.030(3)(e), 90.58.140(9), 90.58.147, or 90.58.515, and is a permitted development, activity or use in the relevant shoreline environment, shall be exempt from the requirement to obtain a shoreline substantial development permit, following issuance of an exemption letter from the planning director pursuant to Section 16.09.060. An exempted development or use shall comply with all other requirements of this master program, the zoning code, and other relevant provisions of the city code, as well as federal and state law.
A. 
All development, activities and uses within the shoreline jurisdiction shall require a shoreline substantial development permit, shoreline conditional use permit, and/or a shoreline variance, unless exempted according to the requirements of Sections 16.09.040, 16.09.050 and 16.09.060.
B. 
All shoreline uses and development shall be located and designed in a manner that ensures no net loss of shoreline ecological functions and minimizes adverse impacts to natural shoreline resources and wildlife habitat, including fish and aquatic habitat.
C. 
All shoreline development and uses impacting ecological functions shall be mitigated according to the mitigation sequence established in WAC 173-26-201(2)(e), except as otherwise specified in this chapter. This mitigation sequence requires that potential impacts shall first be avoided if possible; if avoidance is not possible, the anticipated impact shall be minimized; and any impacts that remain after reviewing for avoidance and minimization shall be offset through compensatory mitigation.
D. 
Shoreline development and uses shall be approved according to the following priority: water-dependent, water-related, water-enjoyment, non-water-oriented.
E. 
Where specific regulations for a proposed development, activity or use are not provided, the development, activity or use shall utilize best management practices to minimize any adverse impacts to water quality and natural shoreline resources.
F. 
Disruption of natural shoreline resources, including clearing and grading, tree removal, and erosion protection, shall be the minimum necessary to accommodate the approved use or activity.
G. 
In evaluating permit applications for proposed development, activities or uses along the shoreline, the city shall consider the long-term and regional effects of the proposal on natural shoreline resources and the ability of future generations to enjoy and use the shoreline. Any negative long-term and regional effects shall be mitigated in accordance with the mitigation sequencing requirements of Section 16.08.130. Failure to comply with the mitigation sequencing requirements may result in permit denial.
H. 
New development shall be located and designed to avoid the need for future shoreline stabilization to the extent feasible.
I. 
New development must have adequate access, utilities and public services.
J. 
When development, activities or uses are proposed on a property or properties that are partially located in the city’s shoreline jurisdiction, the relevant shoreline permit or exemption application and any other required applications shall address the entire property or properties and the complete development proposal, both inside and outside of the shoreline jurisdiction. The applicant shall address protection of shoreline resources from nonshoreline activities and development, impacts of proposed nonshoreline land uses on protected critical areas and buffers, including the area within the shoreline buffer and setback area, and indicate any potential incompatibilities between proposed nonshoreline and shoreline uses.
K. 
Proposals for new and expanded shoreline development and uses shall be evaluated for cumulative impacts to shoreline values and functions, per WAC 173-26-201(3)(d)(iii).
L. 
A development, activity or use that meets the exemption criteria of RCW 90.58.355 and WAC 173-27-044, such as, but not limited to, WSDOT facility maintenance and safety improvements or site improvements for stormwater treatment in an existing boatyard facility to meet requirements of a National Pollutant Discharge Elimination System stormwater general permit, are not subject to any local government review and are not required to obtain a shoreline substantial development permit or exemption.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.120; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A. 
All work near, at, or waterward of the OHWM may require permits or approvals from one or more of the following state and federal agencies: U.S. Army Corps of Engineers, Washington Department of Fish and Wildlife, Washington Department of Natural Resources, or Washington Department of Ecology. It is an applicant’s responsibility to determine which federal or state permits may apply to a development proposal, and to obtain them.
B. 
Nothing in this chapter shall relieve an applicant from applying for and obtaining any necessary permits or approvals described in subsection A of this section. If an applicant does not provide documentation verifying that all such permits and approvals have been received prior to issuance of a permit or exemption under this chapter, the city may condition such permit or exemption upon the applicant obtaining all other required permits or approvals, and may require that such permits or approvals must be obtained before a city building permit will be issued.
C. 
If there are any conflicts between local, state and federal requirements or conditions, the more stringent requirement or condition shall apply and shall be documented in the city’s approved shoreline permit, unless otherwise indicated in this chapter.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.130; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A. 
Development and activities are required to mitigate impacts to shoreline habitat and other environmental impacts, to meet the standard of “no net loss” of shoreline ecological functions as directed in WAC 173-26-186(8) or its successor. To ensure that proposed actions are consistent with the no net loss provision by avoiding, minimizing, restoring, and compensating for adverse impacts, an applicant for a development or activity where impacts are anticipated (including but not limited to all over-water uses or shoreline modifications) shall complete an analysis utilizing mitigation sequencing as defined in Section 16.08.040 during design, construction and operation, in a manner consistent with WAC-173-26-201(2)(e) or as subsequently amended.
B. 
If an analysis of mitigation sequencing reveals that unavoidable impacts will result from the proposed development or activity, a mitigation plan shall be prepared according to the requirements of WAC 173-26-201(2)(e) and 197-11-660 to ensure no net loss of shoreline habitat values and functions or impacts to priority species. If critical areas will be impacted, the requirements of the city’s critical areas ordinance (Chapter 16.20) shall also be addressed in the mitigation plan.
C. 
Failure to demonstrate that the mitigation sequencing standards have been met, including the standard of no net loss of shoreline ecological functions, may result in permit denial, or the city may restrict or reduce development or land uses, or impose additional conditions. Additionally, the city may request that the applicant submit studies by qualified professionals, or that submitted studies, mitigation analysis and/or habitat mitigation plan be peer reviewed by qualified professionals, at the applicant’s expense in order to determine compliance with these standards.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.140; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
The following standards shall apply to in-water work, including, but not limited to, installation of new structures, repair of existing structures, restoration projects, and aquatic vegetation removal:
A. 
In-water structures and activities shall be sited and designed to avoid the need for future shoreline stabilization and nonmaintenance dredging, with special emphasis on protection of critical saltwater habitat and species, and submerged aquatic vegetation.
B. 
Removal of existing structures shall be accomplished so that materials from the structure do not enter or remain in the water.
C. 
Waste material and unauthorized fill, such as construction debris, concrete, bricks, asphalt, metal, tires and any other similar material upland or below the OHWM shall be removed.
D. 
No toxic or deleterious materials, including but not limited to petroleum products, hydraulic fluid, cement, tires, or chemicals, are allowed to enter or leach into the water during in-water construction. Sedimentation and turbidity during construction shall comply with state and federal water quality requirements and any associated permit conditions. Appropriate spill cleanup materials must be on site at all times, and any hazardous material or oil spills must be contained and cleaned immediately, and reported immediately to the Department of Ecology and to the city, as specified in Section 16.08.150(C)(6).
E. 
In-water work shall be conducted in a manner that minimizes turbidity and causes little or no siltation to adjacent areas. A sediment control curtain and/or other appropriate best management practice (BMP) shall be used in those instances where siltation can reasonably be expected. Work shall be conducted using BMPs for the protection of water quality, including the use of debris booms, silt curtains or other control measures, singly or in combination, which shall be maintained and operated to provide compliance with required state and federal water quality standards.
F. 
Any trenches, depressions or holes created below the OHWM shall be backfilled.
G. 
Fresh concrete or concrete byproducts shall not be allowed to enter the water at any time during in-water installation. All forms used for concrete shall be completely sealed to prevent the possibility of fresh concrete from entering the water.
H. 
Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to perform the in-water work. All disturbed areas shall have appropriate erosion control measures installed, and shall be restored according to an approved mitigation plan.
I. 
If at any time as a result of in-water work, water quality problems develop, immediate notification shall be made to the Department of Ecology and to the city.
J. 
Materials used for over-water decking, in-water construction, or other structural components that may come into contact with water shall comply with regulations of responsible agencies (e.g., Department of Fish and Wildlife or Department of Ecology) to avoid leaching of toxic chemicals.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.150; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)
A. 
The location, design and management of shoreline development and activities shall not degrade the quality or quantity of surface and groundwater on or adjacent to the site. All federal and state water quality and effluent standards shall be met.
B. 
Submittal Requirements. All proposals for development activity or construction, including clearing, grading and fill, shall submit for approval a stormwater site plan, unless exempted by the public works official. The stormwater site plan shall include:
1. 
Provisions for temporary erosion control measures; and
2. 
Provisions for stormwater detention, water quality treatment and stormwater conveyance facilities, in accordance with the city’s adopted stormwater management manual in effect at the time of permit application.
C. 
Standards.
1. 
New or expanded shoreline development shall comply with the standards established in the city’s adopted stormwater management manual in effect at the time of permit application.
2. 
New or expanded shoreline development and activities shall apply best management practices (BMPs) consistent with the city’s adopted stormwater management manual, to minimize any increase in surface water runoff and to control, treat and release surface water runoff so that receiving properties, wetlands or streams, and Liberty Bay are not adversely affected. All types of BMPs shall be regularly maintained for continual functioning as intended.
3. 
Low impact development techniques shall be considered and implemented to the greatest extent practicable, consistent with the city’s adopted stormwater management manual.
4. 
If a new stormwater outfall or discharge pipe to Liberty Bay is demonstrated to be necessary, it shall be designed so that the outfall and energy dissipation pad is installed above the OHWM, unless oth-erwise demonstrated to be infeasible.
5. 
In addition to providing stormwater quality treatment facilities as required in this section, for new or expanded shoreline development and activities the developer and/or property owner shall provide source control BMPs designed to treat or prevent stormwater pollution arising from specific activities expected to occur on the site.
6. 
No release of oils, hydraulic fluids, fuels, paints, solvents or other hazardous materials or chemicals shall be permitted into Liberty Bay. If water quality problems occur on a site, including equipment leaks or spills, work operations shall cease immediately and the Department of Ecology shall be immediately notified. The responsible party shall initiate a full and rapid response to contain and clean up a leak or spill. The public works department and other agencies with jurisdiction shall be contacted immediately to coordinate spill containment and cleanup activities. It shall be the responsibility of the property owner to fund and implement the containment and cleanup activities. The person or company responsible for a spill of oil or hazardous substances into state waters may be required by the state or city to fund a natural resource damage assessment, pay a penalty for violation of state or city laws or rules, and/or reimburse the state’s or city’s expenses to respond and investigate the incident.
7. 
See Sections 16.08.140(D), (G) and (J) regarding restricted materials that may not come into contact with the water of Liberty Bay and Dogfish Creek estuary.
8. 
The application of pesticides, herbicides or fertilizers shall comply with the following standards:
a. 
The application of pesticides, herbicides or fertilizers within the shoreline setback shall utilize Best Management Practices for Landscaping and Lawn/Vegetation Management Section of the 2005 Stormwater Management Manual for Western Washington, or its successor as adopted by the city, to prevent contamination of surface and groundwater and/or soils, and adverse effects on shoreline ecological functions and values.
b. 
Pesticides, herbicides and fertilizers shall be applied to upland areas in a manner that minimizes their transmittal to adjacent water bodies. The direct discharge of these chemicals into adjacent water bodies is prohibited. Spray application of pesticides shall not occur within one hundred feet of open waters, including wetlands, streams and any channel that leads to open water except when approved by the city.
c. 
The use of pesticides, herbicides or fertilizers within the shoreline jurisdiction, including applications of herbicides to control noxious or invasive aquatic vegetation, shall comply with the regulations of responsible state and federal agencies, including any permitting requirements.
D. 
On-Site Sewage Systems.
1. 
All new development within the shoreline jurisdiction shall connect to the city sewer system.
2. 
If an existing shoreline residence is located within two hundred feet of a city sewer line that can accept new residential connections, the residential structure may not be expanded unless it is connected to the city sewer system.
3. 
If the Kitsap County health district certifies that an on-site sewage system is failing or is inadequate for the property it serves, development on the entire property shall be connected to city sewer if a city sewer line is within two hundred feet of any building on the property that is connected to the on-site sewage system. Replacement or repair of a failing or inadequate system shall only be allowed if city sewer is not available within two hundred feet, and the health district confirms that a new on-site system will function correctly based on such factors as the property’s size, soils, and topography.
(Ord. 2012-10 § 2 (Exh. A) (part), 2012. Formerly 16.08.160; Ord. 2021-08 § 2 (Exh. A), 2021; Ord. 2021-13 § 2 (Exh. A), 2021)