14.250.100 Development Regulations – General.
A. As provided by WAC 173-26-186(8), land development, land uses, and modifications within the shoreline jurisdiction shall not result in a net loss of shoreline ecological functions and processes. Mitigation for impacts resulting from development, uses, and modifications shall comply with the priorities specified in the shoreline restoration plan and Appendices C, E and F of the City of Snohomish Shoreline Master Program.
B. Maximum structure height in the shoreline jurisdiction areas shall be thirty-five (35) feet, except in the following circumstances:
1. Bridges located in any shoreline environment may exceed thirty-five (35) feet.
2. In the Historic Riverfront environment, structure height for buildings fronting on First Street shall not exceed forty (40) feet.
C. For work at or below the ordinary high water mark, a field determination of the ordinary high water mark shall be made no more than one year prior to submittal of a complete application. The field determination may be subject to verification by the Washington State Department of Ecology.
D. All shoreline uses and developments shall conform to the following standards:
1. Consistency with the Comprehensive Plan and applicable provisions of the Land Use Development Code.
2. All shoreline uses and development shall be located, constructed and operated so as to preserve and protect public health, safety and welfare.
3. All shoreline uses and development shall protect the quality and quantity of surface and ground water. New permits and development shall comply with the provisions of Chapter 15.16 SMC, including the Department of Ecology Stormwater Management Manual for Western Washington, as adopted or hereafter amended.
4. Shoreline uses and development shall not release solid or liquid waste, oil, hazardous materials, or untreated effluent to any water bodies or shorelands.
5. The use of chemicals to control invasive aquatic weeds is prohibited, except that milfoil and other aquatic weeds recognized as noxious weeds by the Noxious Weed Control Board of Washington State may be removed using chemicals; provided, that the chemicals are applied by a licensed pesticide applicator and approved for aquatic use.
6. Heating and cooling equipment shall not be placed in waters of the state.
7. All shoreline uses and development shall be located, designed, constructed and managed to avoid and minimize adverse impacts to critical areas to the greatest extent practical consistent with the standard in SMC 14.250.330(C).
8. Land clearing, grading, filling and alteration of natural drainage features and landforms shall be limited to the minimum necessary for development. It shall be the applicants’ responsibility to obtain all required state and federal approvals prior to beginning work within wetlands or below the ordinary high water mark. To the extent practical, native vegetation and native topsoils shall be preserved and reused on site. Areas cleared of vegetation but not developed shall be replanted with appropriate native species as determined by the Planning Director or designee.
9. Shoreline uses and development shall be located, designed, constructed, and managed to minimize adverse impacts to natural shoreline processes such as water circulation, erosion and accretion.
10. All shoreline uses and development shall be located and designed to minimize reliance upon shoreline defense and stabilization measures and flood protection works such as bulkheads, bank stabilization, landfills, levees, dikes, groins, jetties or substantial site regrading.
11. All development in the 100-year floodplain designated on the current flood insurance rate map issued by FEMA shall include an assessment prepared by a qualified professional regarding the potential effects of the project would have on channel migration, and shall incorporate measures to mitigate significant adverse impacts on channel migration.
12. All debris, overburden and other waste materials from construction shall be disposed of in such a way as to prevent their entry by erosion from drainage, high water or other means into any water body.
13. Navigation channels shall be kept free of hazardous or obstructing development or uses.
14. Within shoreline environments, archaeological, historic, and cultural resources shall be assessed and protected as provided below:
a. Sites with known or suspected resources:
i. Disturbance of known archaeological sites shall be consistent with applicable state requirements, including Chapters 27.44, 27.53, and 68.50 RCW;
ii. If a development proposal may adversely impact a known or suspected archaeological, historic, or cultural resource, the Planning Director, or designee, shall require a site inspection or evaluation by a professional archaeologist and shall consult with the Washington State Department of Archaeology and Historic Preservation (DAHP) and affected tribe or tribes; and
iii. In considering shoreline permits or shoreline exemptions, the Planning Director, or designee, may impose conditions of approval or provide a specified period of time for the Planning Director, or designee, to consult with the DAHP and affected tribes to ensure that resources are properly assessed and protected.
b. Inadvertent discovery of archaeological, historical, or cultural resources:
i. Consistent with the provisions of Chapters 27.44, 27.53 and 68.50 RCW, whenever potentially significant archaeological, historical, or cultural resources are discovered in the process of development on shorelines, work on that portion of the development site shall stop immediately and the discovery shall be reported within twenty-four (24) hours to the DAHP and the Planning Director, or designee. The Planning Director, or designee, shall report such discovery to affected tribes;
ii. Upon consultation with the DAHP and affected tribes, the Planning Director, or designee, may require the preparation of a historic property assessment by a qualified professional, such as an archaeologist, ethnographer, historic preservation professional, etc., to determine the significance of the discovery in accordance with Chapter 27.53 RCW and Chapter 25-48 WAC. The written historic property assessment shall be provided to the Planning Director, or designee, the DAHP, and affected tribes; and
iii. Following the review of the historic property assessment and consultation with DAHP and affected tribes, the Planning Director, or designee, may require that a historic property management plan be prepared by a qualified professional archaeologist or other appropriate professional before construction activity is authorized to resume. The historic property management plan may include provisions for public access to the resource area.
15. Shoreline development on publicly owned land or that is publicly funded shall include improvements to incorporate shoreline public access. (Ord. 2336, 2018)