A. 
The community development director or his/her designee shall be the administrator of these shoreline regulations and shall be responsible for the interpretation and application of the provisions hereof.
B. 
It shall be the duty of the administrator to perform all of the duties ascribed to him or her by this chapter, to serve as secretary and staff to the hearing board and to administer the permit and notification systems established by this chapter. The administrator shall familiarize himself or herself to the extent possible with other regulations pertaining to shorelines and their use, and within the limits of his or her authority, shall cooperate with other agencies in the administration of such other regulations, and shall only grant or conditionally grant a substantial development permit when consistent with WAC 173-27-150.
C. 
When the provisions of the goals, policies or regulations of the shoreline master program, or their application to a specific proposed development, shall be vague, ambiguous or otherwise unclear, or where a judgment or interpretation regarding the application hereof in special circumstances shall be required, it shall be the duty of the administrator to make such interpretation or judgment, after consultation with the Department of Ecology for consistency with Chapter 90.58 RCW and applicable guidelines. A separate record of all such actions shall be kept. The administrator shall examine all earlier interpretations or judgments which may relate to the pending action, and findings shall be made indicating whether the earlier interpretations or judgments were deemed relevant to the pending action, and if not so considered, the reason therefor, and if so considered, the manner in which it was applied. Such findings shall be public records.
D. 
The administrator shall be responsible for using a permit tracking program to periodically evaluate the effectiveness of the shoreline master program for achieving no net loss of shoreline ecological functions with respect to shoreline permitting and exemptions. The administrator shall also prepare an evaluation report no less frequently than every eight years when the SMP is required to be updated under RCW 90.58.080(4), or more frequently if significant change in zoning occurs within shoreline jurisdiction, and propose amendment of such policies and regulations as may be necessary.
E. 
The administrator shall be responsible for enforcing the regulations associated with this SMP, in accordance with WAC 173-27-240 through 173-27-300.
F. 
No department of the city shall issue any permit or approval to which the provisions of this chapter apply without the approval of the director.
(Ord. 1252 § 5 (Exh. A), 2021)
A. 
"Shoreline permits" includes substantial development permits, shoreline conditional use permits and shoreline variances. All shoreline permits shall be conditioned as required to ensure no net loss of shoreline ecological function, through appropriate mitigation, and may include monitoring to ensure the mitigation is successful.
B. 
A shoreline permit shall be denied if the proposed development would cause a net loss of shoreline ecological function that cannot be mitigated.
(Ord. 1252 § 5 (Exh. A), 2021)
Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review to implement the Shoreline Management Act do not apply to the following:
A. 
Remedial Actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to Chapter 70.105D RCW, or to the Department of Ecology when it conducts a remedial action under Chapter 70.105D RCW.
B. 
Boatyard Improvements to Meet NPDES Permit Requirements. Pursuant to RCW 90.58.355, any person installing site improvements for stormwater treatment in an existing boatyard facility to meet requirements of a National Pollutant Discharge Elimination System stormwater general permit.
C. 
WSDOT Facility Maintenance and Safety Improvements. Pursuant to RCW 90.58.356, Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356 are not required to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other local review.
D. 
Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045.
E. 
Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to Chapter 80.50 RCW.
(Ord. 1252 § 5 (Exh. A), 2021)
A. 
A substantial development permit is required prior to commencement of construction of a structure or commencement of a use or activity constituting "substantial development" as defined in subsection B of this section, which is not categorically exempt, within the shorelines of the city.
B. 
"Substantial development" means any development of which the total cost or fair market value exceeds the dollar threshold adjusted for inflation calculated by the Office of Financial Management every five years after July 1, 2007, and published in the Washington State Register, which is $7,047 as of September 2, 2017, or any development which materially interferes with the normal public use of the water or shorelines of the state, except the following shall not be deemed substantial development pursuant to WAC 173-27-040(2)(a) through (o):
1. 
Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements;
2. 
Construction of the normal protective bulkhead common to single-family residences;
3. 
Emergency construction necessary to protect property from damage by the elements;
4. 
Construction practices normal or necessary for farming, irrigation and ranching activities, including agricultural service roads and utilities, and the construction and maintenance of irrigation structures including but not limited to headgates, pumping facilities and irrigation channels;
5. 
Construction or modification of navigational aids such as channel markers and anchor buoys;
6. 
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 family, which residence does not exceed a height of 35 feet above average grade level unless otherwise approved by a conditional use permit and which meets all requirements of the city of Snoqualmie, other than regulations imposed by this chapter;
7. 
Construction of a dock, including a community dock, designed for pleasure craft only, for the private commercial use of the owner, lessee, or contract purchaser of single-family and multiple-family residences, provided:
a. 
For docks that are constructed to replace existing docks, the fair market value of the dock does not exceed $22,500 and the square footage is of equal or lesser square footage than the existing dock being replaced or any other value as defined in WAC 173-27-040(2)(h); or
b. 
For all other docks, the fair market value of the dock does not exceed $11,200 or any other value as defined in WAC 173-27-040(2)(h);
8. 
Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities;
9. 
Marking of property lines or corners on state-owned lands;
10. 
Operation and maintenance of any system of dikes, ditches, drains or other facilities;
11. 
Any project with a certification from the Governor pursuant to Chapter 80.50 RCW;
12. 
Site exploration and investigation activities that are prerequisite to preparation of an application for development under this chapter;
13. 
Removing or controlling aquatic noxious weeds;
14. 
Watershed restoration projects;
15. 
The external or internal retrofitting of an existing structure with the exclusive purpose of compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) or to otherwise provide physical access to the structure by individuals with disabilities; and
16. 
Consistent with WAC 173-27-040, a public or private project designed to improve fish or wildlife habitat or fish passage, that conforms to the provisions of RCW 77.55.181.
C. 
The definition of "substantial development," as set forth in subsection B of this section, is intended to conform to the definition thereof in Chapter 90.58 RCW, and subsection B of this section shall be deemed amended immediately upon any future amendment of the definition of "substantial development" in Chapter 90.58 RCW by the legislature.
(Ord. 1252 § 5 (Exh. A), 2021)
A. 
When a shoreline permit is required for a proposed development, the proponent of the development shall apply for such permit on a form provided by the administrator. The permit application shall contain the following information:
1. 
The name, address and telephone number of the applicant;
2. 
The name, address and telephone number of the property owner;
3. 
A legal description of the property;
4. 
A common description of the property;
5. 
The name of the associated shoreline or wetland;
6. 
The current use of the property and description of existing improvements;
7. 
The proposed use of the property;
8. 
The nature of the existing shoreline;
9. 
A site plan sufficient to fully explain the intended development, including the following:
a. 
Site boundaries;
b. 
Property dimensions in vicinity of proposed development;
c. 
Indication of size and placement of all existing and proposed structures;
d. 
Indication of size, grade, and profile of all roads or vehicular passageways;
e. 
Indication of all water supplies, sewage disposal facilities and solid waste handling facilities;
f. 
Relation of all physical developments to the associated shoreline or wetlands, and the location of the ordinary high water mark;
g. 
Scale drawings of all bridges or other structures to be built in, on or over streams, marshes, swamps or lakes;
h. 
Identification of shorelands of statewide significance and environment designation; and
i. 
Typical cross-section or sections showing existing ground elevations, proposed ground elevations, height of existing structures and height of proposed structures;
10. 
The intended commencement and completion dates;
11. 
The reason, if any, why the proposed development requires a shoreline rather than a nonshoreline location;
12. 
If a variance is sought, the reasons therefor;
13. 
If a conditional use is sought, the reason therefor, including an explanation of any special features of the proposed development supporting the request;
14. 
The names and addresses of all property owners within 300 feet of the boundaries of the proposed development;
15. 
The source, composition and volume of fill material to be used, if any; and
16. 
A report prepared by a qualified consultant, as defined in Chapter 19.12 SMC, evaluating impacts of the proposal on shoreline ecological functions, provided, such a report may be waived by the director for proposed development separated from a water body by any public right-of-way in accordance with one or more area recommendations prepared by the city's qualified consultant.
17. 
A report prepared by a professional archaeologist evaluating potential impacts to archaeological or cultural resources for projects involving ground disturbing activities on shoreline areas not previously surveyed by a professional archaeologist.
B. 
The completed application shall be accompanied by the fee therefor, as established by the city council by resolution. The administrator shall not accept incomplete permit applications.
C. 
Receipt by the administrator of the completed application and fee shall commence the running of the time periods for permit review established in this chapter.
(Ord. 1252 § 5 (Exh. A), 2021)
The permit review process shall be as follows:
A. 
Upon receipt by the administrator of the completed application and fee, the applicant shall cause two public notices of the application to be published in the official newspaper. These notices shall appear one week apart and contain the information required by the administrator. The administrator shall forthwith mail notice of the application to all property owners of record within 500 feet of the boundaries of the proposed development and provide notice and opportunity to review archaeological or cultural resource reports to the Washington State Department of Archaeology and Historic Preservation and the Snoqualmie Tribe.
B. 
Commencing on the publication of the second of the two notices provided in subsection A of this section, there shall be a 30-day review period, during which period the administrator shall evaluate the application, collect relevant data and solicit communications from all persons and agencies wishing to express views on the application. The administrator shall examine each application for conformity with the policies of the Snoqualmie Shoreline Master Program. If a variance or conditional use permit is sought, the administrator shall schedule a meeting of the hearing examiner for a public hearing thereon, to be scheduled within the last 10 days of the 30-day review period or as soon thereafter as possible.
C. 
At the expiration of the 30-day review period, but within 45 days after the commencement thereof, the administrator shall issue a decision to approve or deny the application, and the hearing examiner shall issue a decision to approve or deny the variance or conditional use permit.
D. 
The administrator shall transmit the decision or decisions, findings and any other determinations by letter to the applicant, the Department of Ecology and the Attorney General.
E. 
Upon receipt by the Department of Ecology of the decision upon the application for the substantial development permit, a further 21-day review period shall commence, during which appeal from the local government decision may be taken to the State Shorelines Hearings Board. When the local government decision is for approval of a variance or conditional use permit, the Department of Ecology shall have 30 days in which to approve, deny or condition the permit. A further 21-day period shall commence when the Department of Ecology transmits its decision to the local government, during which period the applicant may take an appeal from the Department of Ecology decision to the State Shorelines Hearings Board.
F. 
If no appeal is taken from the decision of the local government, either by the Department of Ecology or others, the decision shall be deemed approved by the Department of Ecology, and at the expiration of the 45-day period, if the local government decision was to approve, and if all other required permits have been granted, the proposed development may proceed. In the event of an appeal, the proposed development may not begin until all appeals have been resolved by the State Shorelines Hearings Board.
(Ord. 1252 § 5 (Exh. A), 2021)
A. 
Variances, conditional use permits and substantial development permits shall be granted only when the development is consistent with the following:
1. 
The policies and procedures of the Act;
2. 
The provisions of this chapter; and
3. 
The applicable master program adopted or approved for the area; provided, that where no master program has been approved for an area, the development shall be reviewed for consistency with the provisions of Chapter 173-26 WAC, and to the extent feasible, any draft or approved master program which can be reasonably ascertained as representing the policy of the local government.
B. 
Local government may attach conditions to the approval of permits as necessary to assure consistency of the project with the Act and the local master program.
(Ord. 1252 § 5 (Exh. A), 2021)
A. 
The administrator may approve requested revisions to approved permits if the proposed changes are within the scope and intent of the original permit, and are consistent with the shoreline master program, the Shoreline Management Act and WAC 173-27-100.
B. 
"Within the scope and intent of the original permit" means all of the following:
1. 
No additional over-water construction is involved except that pier, dock, or float construction may be increased by 500 square feet or 10 percent from the provisions of the original permit, whichever is less;
2. 
Ground area coverage and height may be increased a maximum of 10 percent from the provisions of the original permit;
3. 
The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of the applicable master program except as authorized under a variance granted as the original permit or a part thereof;
4. 
Additional or revised landscaping is consistent with any conditions attached to the original permit and with the applicable master program;
5. 
The use authorized pursuant to the original permit is not changed; and
6. 
No adverse environmental impact will be caused by the project revision.
C. 
If the revision to the original permit involves a conditional use or variance, the administrator shall submit the revision to the Department for the Department's approval, approval with conditions, or denial, and shall indicate that the revision is being submitted under the requirements of WAC 172-27-100. The administrator shall notify parties of record of the Department's final decision.
(Ord. 1252 § 5 (Exh. A), 2021)
The approving authority may rescind the permit and issue a stop work order if the conditions of the permit are not fulfilled or are violated, or if other applicable regulations under this chapter are violated. Any such rescission shall comply with RCW 90.58.140(8).
(Ord. 1252 § 5 (Exh. A), 2021)
A. 
The developments, uses and activities specified under subsection B of this section may occur with the shorelines of the city without the requirement of a substantial development permit, variance or conditional use permit. In order to effectuate the policies of the Snoqualmie Shoreline Master Program, such developments, uses and activities shall not be commenced until notification of intent has been given to the administrator. Such notification may be given by letter, telephone, transmittal from other agency permit requirements or other appropriate means, not less than one week prior to the proposed commencement date. Such notification shall include the following:
1. 
The name of the person or persons intending to perform the development, use or activity;
2. 
The name of the property owner;
3. 
The nature of the proposed development, use or activity;
4. 
The location of the property; and
5. 
The proposed commencement and completion dates.
B. 
The following are subject to the notification requirement of subsection A of this section:
1. 
Construction of houses;
2. 
Logging operations not requiring a substantial development permit;
3. 
Herbicide, insecticide or other dangerous chemical application when a license is required by the Department of Agriculture;
4. 
The demolition or destruction of any building;
5. 
The clearing of land not involving critical areas or the associated buffers.
C. 
It shall be unlawful to fail to give a notice required by this section. The responsibility of providing notice shall devolve upon both the operator and the property owner.
(Ord. 1252 § 5 (Exh. A), 2021)
A. 
When a use is classified as a conditional use, or is not classified in the shoreline use table but is allowed by the underlying zoning, it may be authorized as a conditional use, in order to provide flexibility in the application of use regulations in a manner consistent with the policies of RCW 90.58.020 and WAC 173-27-160, subject to special conditions to mitigate impacts of the proposed use and ensure consistency of the proposal with the Shoreline Management Act of 1971 and the Snoqualmie Shoreline Master Program, subject to the following:
1. 
The proposed use is consistent with the policies of RCW 90.58.020 and the Snoqualmie Shoreline Master Program;
2. 
The proposed use will not interfere with normal public use of public shorelines;
3. 
The proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and Snoqualmie Shoreline Master Program;
4. 
The proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located;
5. 
The proposed use will not cause any net loss of shoreline function; and
6. 
The public interest suffers no substantial detrimental effect.
B. 
In granting all conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area.
C. 
Other uses which are not classified or set forth in the applicable master program may be authorized as conditional uses provided the applicant can demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in the master program.
D. 
Uses which are specifically prohibited by the Snoqualmie Shoreline Master Program or applicable zoning may not be authorized as conditional uses.
(Ord. 1252 § 5 (Exh. A), 2021)
A. 
Variances will be reviewed in accordance with WAC 173-27-170 and may be granted for the sole purpose of granting relief from specific bulk, dimensional or performance standards of the Snoqualmie Shoreline Master Program where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict application of these regulations will impose unnecessary hardship on the applicant or thwart the policies of RCW 90.58.020, or where strict application of shoreline use regulations would also recognize inconsistency with private property rights (WAC 173-26-186(5)).
B. 
Variances for development and/or uses that will be located landward of the ordinary high water mark (OHWM), as defined in RCW 90.58.030(2)(c), and/or landward of any wetland, as defined in RCW 90.58.030(2)(h), may be authorized provided the applicant can demonstrate all of the following:
1. 
That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes, or significantly interferes with, reasonable use of the property;
2. 
That the hardship described in subsection A of this section is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program, and not, for example, from deed restrictions or the applicant's own actions;
3. 
That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program and will not cause adverse impacts to the shoreline environment;
4. 
That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area;
5. 
That the variance requested is the minimum necessary to afford relief; and
6. 
That the public interest will suffer no substantial detrimental effect.
C. 
Variances for development and/or uses that will be located waterward of the ordinary high water mark (OHWM), as defined in RCW 90.58.030(2)(c), or within any wetland, as defined in RCW 90.58.030(2)(h), may be authorized provided the applicant can demonstrate all of the following:
1. 
That strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes all reasonable use of the property;
2. 
That the proposal is consistent with the criteria established under subsection B of this section; and
3. 
That the public rights of navigation and use of the shorelines will not be adversely affected.
D. 
In granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if variances were granted to other development and/or uses in the area where similar circumstances exist, the total of the variances shall also remain consistent with the policies of RCW 90.58.020 and shall not cause substantial adverse effects to the shoreline environment.
E. 
Variances from the use regulations of the master program are prohibited.
(Ord. 1252 § 5 (Exh. A), 2021)
"Nonconforming use or structure" means a use or structure within shoreline jurisdiction, including critical areas and their associated buffers, which was lawfully established or constructed prior to the effective date of these shoreline regulations, but which does not conform to present standards or regulations.
A. 
Structures. Nonconforming structures may continue to exist or construction thereof be completed, as follows:
1. 
Nonconforming structures used for a conforming use but which are nonconforming with regard to setbacks, buffers or yards, area, bulk or height may be maintained and repaired, and may be enlarged; provided, that such enlargement does not increase the extent of nonconformity by further extending to areas where construction would not be allowed for new construction, or increase the potential impact to a critical area, or increase the risk of harm or damage to existing uses, development, or the public.
2. 
Nonconforming structures used for a nonconforming use may not be enlarged.
3. 
Maintenance and repair of nonconforming structures shall be permitted.
4. 
Uses within nonconforming structures may be changed only to a conforming use.
B. 
Uses. Nonconforming uses may continue, as follows:
1. 
Nonconforming uses may continue, except as provided in subsections (B)(2) through (5) of this section, inclusive, but shall not be enlarged or expanded.
2. 
Nonconforming uses that can be discontinued without economic loss to owner or the user shall cease forthwith upon notification from the administrator.
3. 
Nonconforming uses that can be altered to become conforming without significant economic loss to the owner or user shall be so altered upon notification from the administrator.
4. 
Nonconforming uses that will result in increasing or long-term damage to the shoreline ecological functions shall cease upon a finding by the hearing examiner that such increasing or long-term damage is likely to result unless the use or activity is abated.
5. 
Nonconforming uses discontinued for a period of one year or more shall not be re-established.
C. 
A use listed as a conditional use but which existed prior to adoption of the master program or any relevant amendment and for which a conditional use permit has not been obtained shall be considered a nonconforming use. A use which is listed as a conditional use but which existed prior to the applicability of the master program to the site and for which a conditional use permit has not been obtained shall be considered a nonconforming use.
D. 
If a nonconforming development is damaged to an extent not exceeding 75 percent of the replacement cost of the original development, it may be reconstructed to those configurations existing immediately prior to the time the development was damaged; provided, that application is made for the permits necessary to restore the development within six months of the date the damage occurred, all permits are obtained, the restoration is completed within two years of permit issuance and is consistent with the floodplain regulations.
E. 
Where circumstances of nonconformance occur within shoreline jurisdiction that are not regulated by the standards in this section, the city may rely on criteria in WAC 173-27-080 for further interpretation.
(Ord. 1252 § 5 (Exh. A), 2021)
The hearing examiner shall hear and determine application for shoreline variances and shoreline conditional use permits subject to Department of Ecology approval, and shall hear and determine all matters specifically requiring a finding by the hearing examiner.
(Ord. 1252 § 5 (Exh. A), 2021)
A. 
Appeals of the final decision of the city with regard to shoreline management consistent with permit review criteria of SMC § 19.08.090 shall be governed by the provisions of RCW 90.58.180.
B. 
Appeals to the State Shorelines Hearings Board of a decision on a shoreline substantial development permit, shoreline variance or shoreline conditional use permit may be filed by the applicant/property owner or any aggrieved party pursuant to RCW 90.58.180.
C. 
The effective date of the city's decision shall be the date of filing with the Department of Ecology as defined in RCW 90.58.140.
(Ord. 1252 § 5 (Exh. A), 2021)
A. 
The provisions of the Snoqualmie Shoreline Master Program, the shoreline jurisdictional boundaries, the shoreline environment boundaries and the provisions of this chapter may only be amended after a public hearing on the proposed amendment by the planning commission at which public comment is received and subject to approval by the Department of Ecology.
B. 
All amendments acted upon by the city council shall be transmitted to the Department of Ecology for its review, and, if approved, shall become effective 14 days after such approval.
(Ord. 1252 § 5 (Exh. A), 2021)
All public hearings conducted under authority of this chapter shall be held according to the following rules:
A. 
The date, time, place and matter for hearing shall be advertised in the official newspaper at least 10 but not more than 20 days prior to the date of the hearing.
B. 
Hearings may be continued to a specific time and place, and no further notice of such continuance shall be required.
C. 
Where specific parcels of property are involved, hearing notice containing the same information as required to be published shall be mailed at least 12 days prior to the hearing date to the owners of record of the property involved and to the owners of record of all properties within 500 feet of the boundaries of the property involved in the hearing.
D. 
All notices shall contain both a legal and a common description of the property involved.
E. 
Public hearings to amend the Snoqualmie Shoreline Master Program shall be in accordance with WAC 173-26-090, 173-26-100, and 173-26-104, as they now exist or may hereafter be amended.
F. 
A record shall be kept of all hearings, which shall be a public record.
G. 
Conduct of all hearings will be in accordance with such local rules as may have been approved by resolution or in the absence thereof, in accordance with Robert's Rules of Order.
(Ord. 1252 § 5 (Exh. A), 2021)
Permit procedures and enforcement shall be conducted in accordance with the process set forth in a publication entitled "State of Washington, Office of the Attorney General, Advisory Memorandum and Recommended Process for Evaluating Proposed Regulatory or Administrative Actions to Avoid Unconstitutional Takings of Private Property," using the most recent annual update.
(Ord. 1252 § 5 (Exh. A), 2021)
In addition to the civil liabilities imposed by RCW 90.58.210, as it now exists or may hereafter be amended, which is incorporated herein by reference, any person who shall willfully violate any of the provisions of this chapter shall be guilty of a misdemeanor. Each day of violation shall be deemed a separate and separately punishable offense.
(Ord. 1252 § 5 (Exh. A), 2021)
A. 
Application for or acceptance of any permit or approval for any use, activity or development proposal constitutes the consent of the applicant for the administrator to enter the subject site during regular business hours to inspect any use, activity or development proposal for which a permit or approval has been applied for or granted to ensure compliance with the provisions of this chapter, to verify the accuracy of information provided by the applicant or to verify that work is being performed in accordance with approved plans and permits.
B. 
Stop Work Orders. In the event the administrator shall determine that any use, activity or construction on a development proposal is not in compliance with the requirements of this chapter or the conditions of any permit or approval relating to critical areas, the administrator is authorized to issue a stop work order. The stop work order shall be posted prominently on the site. When a stop work order has been posted, the use, activity or construction on the development proposal shall not continue until the violation has been corrected. It shall be a misdemeanor to continue the use, activity or construction on a development proposal after the posting of a stop work order, and it shall further be a misdemeanor to remove a stop work order prior to correction thereof.
C. 
Enforcement Penalties. Any unauthorized alteration of a critical area or buffer shall constitute a public nuisance subject to abatement, and any knowing and intentional unauthorized alteration of a critical area or buffer shall constitute a misdemeanor. Each day of violation shall constitute a separate offense. The administrator or his or her designee shall have a right to enter upon any property at reasonable times and to make such inspection necessary to determine compliance with the provisions of this chapter. If the property is occupied, the administrator shall make reasonable effort to locate the owner or person in charge to request entry. The administrator is further authorized to take such actions as may be necessary to enforce the provisions of this chapter.
D. 
Notice to Restore. In addition to all other remedies, the administrator shall have the authority to issue a notice to restore any unauthorized alteration of the environment within a reasonable time specified in the notice. For purposes of this subsection, what constitutes a reasonable time shall be determined with due consideration of the environmental harm caused by the alteration and the potential environmental harm caused by delay in restoration. The notice shall be given by in-person delivery, or mailing to the person responsible for the alteration, to his agent, or to the record owner of the property, and shall be given by certified mail, return receipt requested, and ordinary mail; provided, the failure of the addressee to accept the certified mailing shall not affect the administrator's authority hereunder. If the site is not restored within the time specified in the notice, then the administrator may cause the site to be restored to the extent necessary to prevent further environmental harm, and the person responsible for the alteration shall be responsible for the full cost of such restoration.
E. 
Permit Revocation. In addition to all other remedies, a permit or approval that is subject to critical areas review may be revoked or suspended upon a finding by the administrator that the development is proceeding in violation of any of the terms or conditions of the permit or approval relating to the critical areas.
F. 
Administrative Rules. The administrator shall have the authority to adopt administrative rules not inconsistent with the provisions of this chapter that are necessary for the implementation of this chapter and to incorporate best management practices in any alterations authorized under this chapter. If any administrative rule prescribed or authorized by this chapter has not been adopted at the time of an application requiring critical areas review, the administrator shall have the authority to require the use of appropriate guidance documents recommended by the Department of Ecology or standards recommended by the city's qualified critical areas consultant.
G. 
The city attorney may bring such injunctive, declaratory or other action as may be necessary to ensure that no uses are made of the shorelines of the state in conflict with the provisions of this chapter and to otherwise enforce its requirements.
(Ord. 1252 § 5 (Exh. A), 2021)
Nothing in this chapter shall preclude any requirement to obtain any permit, certificate, license or approval from any federal, state or local government or agency thereof.
(Ord. 1252 § 5 (Exh. A), 2021)
If any provision of this chapter, or its application to any person or legal entity, or in any particular circumstances, is held to be invalid, the remainder of the provisions of this chapter or the application hereof to other persons or in other circumstances shall not be affected thereby.
(Ord. 1252 § 5 (Exh. A), 2021)
This chapter shall be liberally constructed to give full effect to the objectives and purposes for which it was enacted.
(Ord. 1252 § 5 (Exh. A), 2021)
A. 
The development proposal applicant is responsible for the initiation, preparation, submission, and expense of all required reports, assessments, studies, plans, reconnaissance, peer review by qualified consultants, and other work prepared in support of, or necessary for, compliance with the city's critical areas review process.
B. 
The applicant shall be responsible for monitoring and maintaining critical areas if such action is required as a condition of permit approval. Performance bonds may be withheld until all work is satisfactorily completed, including post-construction mitigation activity.
C. 
The applicant shall also be responsible for the city's review or peer review of performance standards as conducted, and for necessary monitoring and maintenance reports.
D. 
The fees, costs, expenses and deposits as may be required for submittals under this section shall be as set forth in the city's taxes, rates and fees schedule, as may be amended from time to time.
(Ord. 1252 § 5 (Exh. A), 2021)