Chapter 18.10
DEFINITIONS
Sections:
18.10.010 General provisions.
A. For the purposes of this chapter, the following terms shall have the meaning ascribed to them below. Terms not defined in this chapter shall be defined as set forth in Chapter 19.10 UPMC.
B. When the definitions in this chapter conflict with the definitions set forth in Chapter 19.10 UPMC, the definitions herein shall govern.
(Ord. 652 § 1 (Exh. A), 2015).
18.10.020 Definitions.
“Accessory structure” means a structure either attached or detached from a principal or main building and located on the same lot and which is customarily incidental and subordinate to the principal building or use.
“Accessory use” means a use of land or of a building customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
“Act” or “SMA” means the Shoreline Management Act of 1971 (Chapter 90.58 RCW as amended).
“Administrator” means that person or designee designated by the City to administer the provisions of University Place’s Shoreline Master Program.
“Alteration” means any human-induced change in existing conditions or a shoreline and/or its buffer. Alterations include, but are not limited to, excavation, grading, filling, channelization, dredging, clearing (vegetation), draining, constructing structures, compaction, or any other activity that changes the character of a site.
“Anadromous fish” means fish species that spend part of their life cycle in salt water, but return to freshwater to reproduce.
“Appurtenance, normal” means a structure or development that is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and the perimeter of a wetland. For a list of normal appurtenances in University Place, see UPMC 18.30.130(A).
“Aquacultural practices” means the hatching, cultivating, planting, feeding, raising, harvesting and processing of aquatic plants and animals, and the maintenance and construction of necessary equipment, buildings and growing areas. Methods of aquaculture include but are not limited to fish hatcheries, fish pens, shellfish rafts, racks and longlines, seaweed floats and the culture of clams and oysters on tidelands and subtidal areas. Aquaculture does not include the harvest of wild geoduck associated with the State-managed wildstock geoduck fishery or activities on private property for personal consumption.
“Aquatic zone” means the area waterward of the ordinary high water mark.
“Associated wetland” means wetlands that are in proximity to and either influence or are influenced by tidal waters or a lake or stream subject to the SMA. Factors used to determine whether wetlands meet the “proximity and influence” test include but are not limited to one or more of the following:
1. Periodic inundation;
2. Hydraulic continuity;
3. On marine waters, formation by tidally influenced geohydraulic processes, or a surface connection through a culvert or tide gate; and
4. On streams, the entire wetland is associated if any part is located within the 100-year floodplain of a shoreline or within 200 feet of the OHWM or floodway.
“Average grade level” means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure. In the case of structures to be built over water, average grade level is the elevation of the adjacent ordinary high water mark. The average grade level averages the ground elevations at the midpoint of all exterior walls of the proposed building or structure.
“Beach” means the zone along the shoreline where there is continuous movement of sediment both laterally and vertically. This zone extends from the daily low tide mark to where the relatively permanent line of vegetation begins.
“Beach enhancement” means the alteration of terrestrial and tidal shorelines along with submerged shorelines for the purpose of stabilization, recreational enhancement and aquatic habitat creation or restoration using native or similar material.
“Beach feeding” means the introduction of sand or gravel to beaches to enhance recreation or wildlife or to preserve natural physical character of the shoreline.
“Beach nourishment” means the process of replenishing a beach by artificial means, for example, by the deposition of dredged materials; also called beach replenishment or beach feeding.
“Bedlands” means those submerged lands below the line of extreme low tide in marine waters and below the line of navigability of navigable lakes and rivers.
“Berm” means one or several linear deposits of sand and gravel generally paralleling the shore at or landward of the ordinary high water mark; berms are naturally stable because of material size or vegetation.
“Bioengineering” means the practice of using vegetative materials and often structural components to stabilize shorelines and prevent erosion. This may include use of bundles of stems, root systems, or other living plant material, soft gabions, fabric or other soil stabilization techniques, and limited rock toe protection where appropriate. Bioengineering projects often include habitat enhancement measures such as anchored logs, snags, and root wads. Bioengineering techniques may be applied to creeks, rivers, lakes, and marine waters, as well as upland areas away from the immediate shoreline.
“Boardwalk” means an overwater structure generally parallel to the shoreline for public pedestrian access.
“Boat ramp” means a slab, plank, rail, or graded slope used for launching boats by means of a trailer, hand, or mechanical device.
“Boathouse” means covered moorage that includes walls and a roof to protect the vessel.
“Boating facilities” means marinas located both landward and waterward of the ordinary high water mark (dry storage and wet-moorage types), yacht clubs with boat moorage and related facilities and activities, boat ramps, covered moorage, and marine travel lifts (mobile boat hoists).
“Breakwater” means protective structure usually built off-shore to protect harbor areas, moorage, navigation, beaches and bluffs from wave action. A breakwater may be fixed (e.g., a rubble mound or rigid wall), open-pile, or floating. Their primary purpose is to protect harbors, moorages and navigation activity from wave and wind action. A secondary purpose is to protect shorelines from erosion caused by wave action.
“Buffer” means an area or distance between a critical area or other protected or sensitive feature required or necessary for the continued maintenance, functioning, structural stability and/or ecological functions of that area, or to minimize risk or harm to the area, those functions, or the public resulting from existing, proposed, or potential nearby land uses or development.
“Buffer averaging” means variation in the width or shape of a buffer that does not result in reduction in the overall land area of the buffer.
“Bulkhead” means a wall usually constructed parallel to the shoreline for the primary purpose of containing and preventing the loss of soil or structure caused by erosion or wave action. Bulkheads are usually constructed near the ordinary high water mark of rock, poured-in-place concrete, steel or aluminum sheet piling, wood, or wood and structural steel combinations.
“Channel migration zone (CMZ)” means the area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings.
“Channelization” means the straightening, deepening or lining of stream channels, and/or prevention of natural meander progression of stream ways, through artificial means such as relocation of channels, dredging, and/or placement of continuous levees or bank revetments along significant portions of the stream; but not including dredging of sediment or debris alone.
“Conditional use, shoreline” means a use, development, or substantial development requiring special approval by applying the criteria of WAC 173-27-160.
“Covered moorage” means boat moorage, with or without walls, that has a roof to protect the vessel.
“Critical habitat” means habitat areas within which endangered, threatened, sensitive or monitored plant, fish, or wildlife species have a primary association (e.g., feeding, breeding, rearing of young, migrating). Such areas are identified herein with reference to lists, categories, and definitions promulgated by the Washington Department of Fish and Wildlife as identified in WAC 232-12-011 or 232-12-014; in the Priority Habitat and Species (PHS) program by the Department of Fish and Wildlife; or by rules and regulations adopted by the U.S. Fish and Wildlife Service, National Marine Fisheries Service, or other agency with jurisdiction for such designations. See WAC 173-26-221(2)(c)(iii) and (iv), respectively, regarding saltwater and freshwater habitat.
“Critical saltwater habitat” means habitats that include all kelp beds, eelgrass beds, spawning and holding areas for forage fish, such as herring, smelt and sandlance; subsistence, commercial and recreational shellfish beds; mudflats, intertidal habitats with vascular plants, and areas with which priority species have a primary association.
“Cumulative impacts” or “cumulative effects” means the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a long period of time. See WAC 173-26-186(8)(d).
“Decision-maker” means that individual or group of individuals designated by this title or other applicable law or regulation to issue an appealable decision regarding the specific application, proposal, matter, or issue.
“Development” means the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this title at any state of water level. “Development” does not include dismantling or removing structures if there is no other associated development or redevelopment.
“Development footprint” means the lot coverage (based on the portion of a lot that is landward of the ordinary high water mark) of structures and improvements including principal buildings, accessory structures, decks, patios, sport courts, driveways, walkways, or other similar structures or improvements.
“Development regulations” means the controls placed on development or land uses in the City of University Place, including, but not limited to, zoning ordinances, critical areas ordinances, all portions of a shoreline master program other than goals and policies approved or adopted under Chapter 90.58 RCW, subdivision ordinances, and binding site plan ordinances together with any amendments thereto.
“Dike” means an embankment to prevent flooding by a stream or other water body, often referred to as a levee.
“Dock” means a structure built from the shore extending out over the water to provide moorage for commercial or private recreation that floats upon the water and does not include above-water storage. When a dock serves five or more boats, it is considered a marina.
“Dredging” means the removal, displacement, or disposal of unconsolidated earth material such as sand, silt, gravel, or other submerged materials, from the bottom of water bodies, ditches, or wetlands; maintenance dredging and/or support activities are included in this definition.
“Drift cell, drift sector, or littoral cell” means a particular reach of marine shore in which littoral drift may occur without significant interruption and which contains any natural sources of such drift and also accretion shore forms created by such drift.
“Dry land” means all areas above the elevation of the ordinary high water mark.
“Dry upland storage” means a structure or other facility used for the storage of boats located landward of the ordinary high water mark.
“Ecological functions or shoreline functions” means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem. See WAC 173-26-201(2)(c). Functions include, but are not limited to, habitat diversity and food chain support for fish and wildlife, ground water recharge and discharge, high primary productivity, low flow stream water contribution, sediment stabilization and erosion control, storm and flood water attenuation and flood peak desynchronization, and water quality enhancement through biofiltration and retention of sediments, nutrients, and toxicants.
“Ecologically intact shorelines” means those shoreline areas that retain the majority of their natural shoreline functions and values, as evidenced by vegetation and shoreline configuration. Generally, but not necessarily, ecologically intact shorelines are free of structural shoreline modifications, structures, and intensive human uses.
“Ecosystem-wide processes” means the suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions.
“Emergency” means an unanticipated and imminent threat to public health, safety or the environment which requires immediate action within a time too short to allow full compliance with Chapter 173-27 WAC and this Shoreline Program. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permits which would have been required by this chapter or the Shoreline Management Act, absent an emergency, must be obtained. All emergency construction shall be consistent with the policies of Chapter 90.58 RCW and this master program. Generally, flooding or other seasonal events that can be anticipated and may occur but are not imminent are not an emergency.
“Erosion” means the wearing away of the earth’s surface as a result of the movement of wind, water or ice.
“Estuary” means that part of the mouth or lower course of a river or stream in which its current meets the sea’s tides, and is subject to their effect.
“Exempt development” means developments set forth in WAC 173-27-040 and RCW 90.58.030(3)(e), 90.58.140(9), 90.58.147, 90.58.355, and 90.58.515 which are not required to obtain a substantial development permit but which must otherwise comply with applicable provisions of the Act and the local Shoreline Program. These include:
1. Normal maintenance, repair, or replacement of existing structures, developments, or utilities, including damage by accident, fire, or elements. “Normal maintenance” includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. “Normal repair” means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment;
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 and practices normal or necessary for farming, irrigation, and ranching activities, as described in WAC 173-27-040(2)(e);
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 and which meets all requirements of the State agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this title;
7. Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single- and multiple-family residences. This exception applies if either:
a. In salt waters, the fair market value of the dock does not exceed $2,500; or
b. In fresh waters, the fair market value of the dock does not exceed (1) $20,000 for docks that are constructed to replace existing docks and are of equal or lesser square footage than the existing dock being replaced; or (2) $10,000 for all other docks constructed in fresh waters. However, if subsequent construction occurs within five years of completion of the prior construction, and the combined fair market value of the subsequent and prior construction exceeds the amount specified in either subsection (7)(b)(1) or (2) of this definition, the subsequent construction shall be considered a substantial development for the purpose of this chapter;
8. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water for the irrigation of lands;
9. The marking of property lines or corners on State-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;
10. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system;
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 authorization under this chapter, if:
a. The activity does not interfere with the normal public use of the surface waters;
b. The activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values;
c. The activity does not involve the installation of a structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity;
d. A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions; and
e. The activity is not subject to the permit requirements of RCW 90.58.550;
13. The process of removing or controlling an aquatic noxious weed, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the Department jointly with other State agencies under Chapter 43.21C RCW;
14. Watershed restoration projects as defined in WAC 173-27-040(o);
15. A public or private project, the primary purpose of which is to improve fish or wildlife habitat or fish passage, pursuant to WAC 173-27-040(p);
16. Hazardous substance remedial actions. The procedural requirements of Chapter 90.58 RCW shall not apply to a project for which a consent decree, order or agreed order has been issued pursuant to Chapter 70.105D RCW, or to the Department of Ecology when it conducts a remedial action under Chapter 70.105D RCW. The Department shall, in consultation with the appropriate local government, assure that such projects comply with the substantive requirements of Chapter 90.58 RCW, Chapter 173-26 WAC and the local master program;
17. 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. Section 12101 et seq.) or to otherwise provide physical access to the structure by individuals with disabilities.
“Extreme high tide” means the highest tide level line water will reach in any one year.
“Extreme low tide” means the lowest line on the land reached by a receding tide.
“Fair market value” means the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials.
“Feasible” means an action, such as a development project, mitigation, or preservation requirement, which can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests that have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; provides a reasonable likelihood of achieving its intended purpose; and does not physically preclude achieving the project’s primary intended legal use.
“Feeder bluff” means bluffs along the marine shoreline that are actively contributing, or feeding, sediment to beaches. Feeder bluffs are also known as sea cliffs and coastal bluffs.
“Fill” or “filling” means the deposition or stockpiling of earth materials such as soil, sand, rock, gravel, sediment, earth retaining structure, or other material by artificial means to an area waterward of the ordinary high water mark, in wetlands or other critical areas, or on shorelands in a manner that raises the elevation or creates dry land.
“Float” means a floating platform similar to a dock that is anchored or attached to pilings and which does not connect to the shore. A float may serve as a temporary moorage facility but is not intended to be used for boat storage.
“Floating home” means a single-family dwelling unit constructed on a float that is moored, anchored, or otherwise secured in waters, and is not a vessel, even though it may be capable of being towed.
“Flood plain” is synonymous with 100-year flood plain and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the Act.
“Floodway” means the area that has been established in effective Federal Emergency Management Agency flood insurance rate maps or floodway maps. Regardless of the method used to identify the floodway, the floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the Federal government, the State, or a political subdivision of the State.
“Forest practices” means activities associated with the raising and harvesting of trees as a crop as defined by Chapter 222-16 WAC, as amended.
“Gabions” means structures composed of masses of rocks, rubble, soil, masonry or similar material held tightly together usually by wire mesh, fabric, or geotextile so as to form layers, blocks or walls. Sometimes used on heavy erosion areas to retard wave action or as foundations for breakwaters or jetties.
“Geotechnical report or geotechnical analysis” means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local shoreline geology and processes.
“Grading” means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land.
“Groin” means structure built seaward and perpendicular to the shore for the purpose of building or preserving an accretion beach by trapping littoral sand drift. Generally narrow and of varying lengths, a groin may be built in a series along the shore.
“Guidelines” means those standards adopted by the Department of Ecology into the Washington Administrative Code (Chapter 173-26 WAC) to implement the policy of Chapter 90.58 RCW for regulation of use of the shorelines of the State prior to adoption of shoreline master programs. Such standards also provide criteria for local governments and the Department of Ecology in developing and amending shoreline master programs.
“Hand launch” means a boat launch facility that does not have trailer capacity; boats must be hand-carried to the water.
“Harbor area” means the area of navigable waters determined as provided in Article XV, Section 1, of the State Constitution, which shall be forever reserved for landings, wharves, streets, and other conveniences of navigation and commerce.
“Hazardous tree” means a tree with a combination of structural defect and/or disease (which makes it subject to a high probability of failure), and a proximity to persons or property (which makes it an imminent threat).
“Hearings Board” means the State Shorelines Hearing Board established by Chapter 90.58 RCW.
“Height (of structure)” means the difference between the average grade level and the highest point of a structure (not including temporary construction equipment); provided, that television antennas, chimneys, and similar appurtenances shall not be included unless such obstruct the view of the shoreline from a substantial number of residences on areas adjoining such shorelines.
“Houseboat” means a vessel principally used as an over-water residence. Houseboats are licensed and designed for use as a mobile structure with detachable utilities or facilities, anchoring, and the presence of adequate self-propulsion and steering equipment to operate as a vessel. When principally used as an over-water residence, a houseboat is considered to be a “live-aboard vessel.” A registered water-going vessel where the owner lives aboard is not a “houseboat.”
“Impervious surface” means a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater.
“In-stream structure” means a structure placed within a stream or river waterward of the ordinary high water mark that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures include but are not limited to those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, and fish habitat enhancement, but do not include beaver dams and similar structures placed by wildlife.
“Jetty” means a structure generally perpendicular to the shore, extending through or past the intertidal zone. Jetties are built singly or in pairs at harbor entrances or river mouths to prevent accretion of littoral drift in an entrance channel. Jetties also protect channels and inlets from storm waves and cross-currents and to stabilize inlets through barrier beaches. Most jetties are of riprap mound construction.
“Joint use” means sharing of docks, piers, floats and similar structures by more than one contiguous waterfront property owner or by a homeowner’s association or similar group.
“Levee” means a natural or manmade embankment near a body of water for the purpose of keeping floodwaters from inundating adjacent land, including any associated revetments.
“Littoral drift” means the mud, sand or gravel material moved parallel to the shoreline in the nearshore zone by waves and currents.
“Live-aboard vessel” means a vessel used primarily as a residence, and if used as a means of transportation or recreation, said transportation or recreation is a secondary or subsidiary use. Any vessel used for overnight accommodation for more than 15 nights in a one-month period shall be considered a residence.
“Maintenance dredging” means dredging for the purpose of maintaining a prescribed minimum depth of any specific waterway.
“Marina” means a facility with water-dependent components for storing, servicing, fueling, berthing, launching and/or securing boats but at a minimum including docks, piers, buoys or floats to provide moorage for five or more boats. Those aspects located landward of the ordinary high water mark are referred to as “backshore.” Backshore marinas include wet-moorage that is dredged out of the land to artificially create a basin and dry moorage with upland storage that uses a hoist, marine travel lift or ramp for water access. Marina features located in the intertidal or offshore zone waterward of the ordinary high water mark and including any breakwaters of open type construction (floating breakwater and/or open pile work) and/or solid type construction (bulkhead and landfill), are referred to as “foreshore.”
“Marine” means pertaining to tidally influenced waters, including oceans, sounds, straits, marine channels, and estuaries, including the Pacific Ocean, Puget Sound, Straits of Georgia and Juan de Fuca, and the bays, estuaries and inlets associated therewith.
“May” means an option, possibility or permission.
“Mean higher high water (MHHW)” means the average of the higher high water height of each tidal day observed over the National Tidal Datum Epoch.
“Mean lower low water (MLLW)” means the average of the lower low water height of each tidal day observed over the National Tidal Datum Epoch.
“Mining” means the removal of naturally occurring materials from the earth for economic uses pursuant to Chapter 78.44 RCW and Chapter 332-18 WAC.
“Mitigation” means:
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
2. Minimizing 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 impact by repairing, rehabilitating, or restoring the affected environment;
4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;
5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or
6. Monitoring the impact and taking appropriate corrective measures.
“Mitigation plan” means a written plan that is required to address unavoidable adverse impacts to the shoreline environment. When a proposal includes or requires compensatory mitigation, the mitigation plan shall address the criteria in UPMC 18.25.070(C)(4) of this Master Program and shall document compliance with the mitigation sequence in UPMC 18.25.070(C)(2). The mitigation plan is intended to be similar to the vegetation management plan described in UPMC 18.25.100(G), but may necessarily address shoreline features and related functions other than or in addition to vegetation. A mitigation plan may be required for activities occurring outside of VCAs and shall contain information deemed necessary by the Administrator to ensure no net loss of shoreline ecological function. Mitigation plans may be consolidated with other plans required by this SMP and may be prepared by a qualified professional or by the applicant as determined by the Administrator.
“Moorage” means a pier, dock, buoy or float, either fixed or floating, to which vessels may be secured.
“Mooring buoy” means a floating device anchored to the bottom of a water body to provide tie-up capabilities for vessels or watercraft.
“Must” means a mandate; the action is required.
“Natural topography or existing topography” means the topography of real property immediately prior to any site preparation or grading, including excavation or filling.
“Nearshore aquatic habitats and species” means those habitats and species associated with the estuarine/delta, marine shoreline and areas of shallow water from the top of the coastal bank or bluffs water ward to a depth of about 10 meters relative to mean lower low water (average depth limit of photic zone). The nearshore extends landward into the tidally influenced freshwater heads of estuaries and coastal streams and incorporates those geological and ecological processes, such as sediment movement, freshwater inputs, and subtidal light penetration, which are key to determining the distribution and condition of aquatic habitats.
“No net loss” means the maintenance of the aggregate total of shoreline ecological functions over time. The no net loss standard contained in WAC 173-26-186 requires that impacts of shoreline use and/or development, whether subject to a permit or exempt from permit requirements, be identified and mitigated such that there are no resulting impacts on ecological functions or processes.
“Nonconforming building or structure” means a building or structure or portion thereof which was lawfully constructed or established prior to the effective date of the Act or the City’s Shoreline Master Program or amendments thereto, but which does not conform to present regulations or standards of this Shoreline Program or of UPMC Title 19 (zoning code).
“Nonconforming use” means an activity in a structure or on a tract of land which was lawfully established prior to the effective date of the Act or the City’s Shoreline Master Program or amendments thereto, but which does not conform to present regulations or standards of this Shoreline Program or of UPMC Title 19 (zoning code).
“Non-water-oriented uses” means uses that are not water-dependent, water-related, or water-enjoyment. Non-water-oriented uses have little or no relationship to the shoreline and are not considered priority uses under the Shoreline Management Act except single-family residences, where appropriate and where they can be developed without significant impact to ecological functions or displacement of water-dependent uses. Any use that does not meet the definition of water-dependent, water-related or water-enjoyment is classified as non-water-oriented. Examples include professional offices, mini-storage facilities, multifamily residential development, and department stores.
Normal Maintenance or Repair of Existing Structures or Developments, Including Damage by Accident, Fire or Elements. “Normal maintenance” includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. “Normal repair” means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment.
“Ordinary high water mark (OHWM)” means that mark that will be found by examining the bed and banks of lakes, streams and tidal waters and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists, and as it may naturally change, or as it may change in accordance with permits issued by the City or the Department of Ecology. The following criteria clarify this mark on tidal waters, lakes, and streams:
A. Tidal Waters.
1. In high energy environments where the action of waves or currents is sufficient to prevent vegetation establishment below mean higher tide, the ordinary high water mark is coincident with the line of vegetation. Where there is no vegetative cover for less than 100 feet parallel to the shoreline, the ordinary high water mark is the average tidal elevation of the adjacent lines of vegetation. Where the ordinary high water mark cannot be found, it is the elevation of mean higher high tide;
2. In low energy environments where the action of waves and currents is not sufficient to prevent vegetation establishment below mean higher high tide, the ordinary high water mark is coincident with the landward limit of salt-tolerant vegetation. “Salt-tolerant vegetation” means vegetation which is tolerant of interstitial soil salinities greater than or equal to 0.5 parts per thousand;
B. Lakes. Where the ordinary high water mark cannot be found, it shall be the line of mean high water;
C. Streams. Where the ordinary high water mark cannot be found, it shall be the line of mean high water. For braided streams, the ordinary high water mark is found on the banks forming the outer limits of the depression within which the braiding occurs.
“Outer harbor line” means a line located and established in navigable waters as provided in Section 1 of Article 15 of the State Constitution, beyond which the State shall never sell or lease any rights whatsoever to private persons.
“Outfall” means the outlet or place of discharge of a stormwater collection or sanitary sewer system.
“Over-water” means location above the surface of the water or waterward of the ordinary high water mark, including placement of buildings on piling or floats.
“Party of record” means the City, any applicant and all persons, agencies or organizations who have submitted written comments in response to a notice of application; made oral comments in a formal public hearing conducted on the application; or notified the Department of their desire to receive a copy of the final decision on a permit and who have provided an address for delivery of such notice by mail.
“Permit or approval” means any written or documented form of permission ordinarily to be provided or required prior to a party commencing or continuing a particular activity or development.
“Pier” means a fixed platform structure supported by piles in a water body that abuts the shore to provide landing for water-dependent recreation or moorage for vessels or watercraft and does not include above-water storage. When a pier serves five or more boats, it is considered a marina.
“Primary structure” means the structure associated with the principal use of the property. It may also include single-family residential appurtenant structures (such as garages, boathouses, driveways, utilities, and septic tanks and drainfields) that cannot feasibly be relocated. It does not include accessory structures such as decks, tool sheds, gazebos, greenhouses or other ancillary residential improvements that can feasibly be moved landward to prevent the threat of erosion or to accommodate restoration or enhancement of a vegetation conservation area.
“Priority habitat” means a habitat type with unique or significant value to one or more species as defined in WAC 173-26-020.
“Priority species” means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels based on the criteria in WAC 173-26-020.
“Provisions” means policies, regulations, standards, guideline criteria or environment designations.
“Public access” means 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. See WAC 173-26-221(4).
“Public interest” means the interest shared by the citizen of the State or community at large in the affairs of government, or some interest by which their rights or liabilities are affected such as an effect on public property or on health, safety, or general welfare resulting from a use or development. See WAC 173-27-030(14).
“Recreation” means activities and associated facilities for public or private use for refreshment of body and mind through play, amusement or relaxation including hiking, canoeing, photography, fishing, golfing, boat ramps, playgrounds and parks.
“Recreational float” means a floating platform that may serve as a temporary moorage facility but is not intended to be used for boat storage. Recreational floats are used for purposes such as swimming, diving or waterskiing.
“Rehabilitation” means the major work required to restore the structural integrity of a structurally deficient or functionally obsolete structure.
“Repair” means the activities typically performed on a structure that is in overall good to fair condition to restore damaged or worn out structural elements to a state of good repair.
“Replacement” means the total replacement of a structurally deficient or functionally obsolete structure with a new structure constructed in the same general location.
“Restore, restoration or ecological restoration” means the reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions.
“Revetment” means a sloped wall constructed of riprap or other suitable material placed on stream banks or other shorelines to retard bank erosion and minimize lateral movement. The slope differentiates it from a bulkhead, which is a vertical structure.
“Right-of-way (ROW)” means all public streets and property granted or reserved for, or dedicated to, public use for street purposes, together with public property granted or reserved for, or dedicated to, public use for walkways, sidewalks, bikeways, horse trails and railroad tracks, whether improved or unimproved, including the air rights, subsurface rights and easements related thereto.
“Riprap” means a layer, facing or protective mound of stones placed to prevent erosion, scour or sloughing of a structure or embankment.
“Sea level rise” means an increase in the elevation of marine waters associated with changes in the state of the climate and which can be identified by changes in the mean and/or variability of its properties and that persists for decades or longer.
“Shall” means obliged to; “shall” is mandatory.
“Shorelands or shoreland areas” means lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of the SMA and this Shoreline Program; the same to be designated as to location by the Department of Ecology.
“Shoreline ecological functions” means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline’s natural ecosystem.
“Shoreline environment designation” means the categories of shorelines of the State established for the purpose of differentiating between areas whose features lead to differing objectives regarding their use and future development.
“Shoreline Master Program (or Shoreline Program) of University Place” means specified goals and policies of the University Place Comprehensive Plan together with specified use regulations and including maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards adopted in accordance with the policies of RCW 90.58.020.
“Shoreline modifications” means those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as clearing, grading, or application of chemicals.
“Shoreline setback” means the horizontal distance measure, usually measured in feet, between a structure or improvement and the ordinary high water mark.
“Shoreline stabilization” means protection of shoreline upland areas and shoreline uses from the effects of shoreline wave action, flooding or erosion caused by natural processes, including nonstructural and structural methods. Nonstructural methods include building setbacks, relocation of the structure to be protected, ground water management, planning and regulatory measures to avoid the need for structural stabilization.
“Shorelines, shoreline areas and shoreline jurisdiction” means all of the water areas of the State, including reservoirs, and their associated shorelands, as defined herein and in RCW 90.58.030, together with the lands underlying them; provided, however, that shorelines do not include segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments; nor lakes less than 20 acres in size and wetlands associated with such small lakes.
“Shorelines of Statewide significance” means shorelines described in RCW 90.58.030; in University Place, those waters of Puget Sound lying seaward of extreme low tide.
“Shorelines of the State” means the total of all shorelines and shorelines of Statewide significance.
“Should” means the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and the Shoreline Master Program Guidelines, against taking the action.
“Significant vegetation removal” means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of hazardous trees, invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal.
“Structure” means a permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, but not including vehicles and vessels.
“Submerged lands” means areas below the ordinary high water mark of marine waters, lakes and rivers.
“Substantial development” means any development of which the total cost or fair market value exceeds $7,047, or any development which materially interferes with the normal public use of the water or shorelines of the State. (Note: The dollar threshold above is adjusted for inflation by the Washington Office of Financial Management every five years, beginning July 1, 2007, based upon changes in the consumer price index during that time period.) See RCW 90.58.030.
“Substantially degrade” means to cause damage or harm to an area’s ecological functions. An action is considered to substantially degrade the environment if it damages ecological function or functions, significantly affects other related functions or the viability of the larger ecosystem, or causes damage or harm to shoreline ecological functions under foreseeable conditions; or scientific evidence indicates the action may contribute to damage or harm to ecological functions as part of cumulative impacts.
“Tideland” means the land on the shore of marine water bodies between ordinary high water mark or mean higher high water and the line of extreme low tide which is submerged daily by tides.
“Trail or shared use path” means a facility physically separated from motorized vehicular traffic to accommodate pedestrians, bicyclists and other nonmotorized vehicles. Such trails may be used for commuting and recreational purposes and may connect neighborhoods and other destinations.
“Transportation facilities” means streets, bicycle lanes, and sidewalks consistent with the City of University Place transportation design standards in Chapter 13.20 UPMC and the City of University Place design standards and guidelines for street-scape elements adopted by reference in Chapter 19.54 UPMC.
“Variance, shoreline” means a means to grant relief from specific bulk, dimensional or performance standards set forth in this Shoreline Program or related State regulations pursuant to the criteria of WAC 173-27-170; such may not vary a use of a shoreline.
“Vegetation conservation” includes activities to protect and restore vegetation along or near shorelines that minimize habitat loss and the impact of invasive plants, erosion and flooding, and contribute to ecological functions of shoreline areas. Vegetation conservation provisions include the prevention or restriction of plant clearing and earth grading, vegetation restoration, and the control of invasive weeds and nonnative species. Vegetation management provisions apply equally to those shorelines and uses that are exempt from a permit requirement.
“Vegetation, native” means plants commonly found in western Washington prior to European settlement; generally comprised of three vegetative levels including an overstory of trees, an understory of shrubs, and a floor of herbs.
“Vessel” means ships, boats, barges or any other floating craft that are designed and used for navigation and do not interfere with the normal public use of the water.
“Visual access” means access with improvements that provide a view of the shoreline or water but that do not allow physical access to the shoreline.
“Water-dependent use” means a use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations. Water-dependent uses may include, but are not limited to, ferry and passenger terminals, ship building and dry docking, marinas, boat ramps and transient moorage, and aquaculture.
“Water-enjoyment use” means a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through location, design, and operation ensures the public’s ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to, parks, piers, view towers, boardwalks, shared use paths and trails, interpretive centers and other improvements facilitating public access to shorelines of the State. General water-enjoyment uses may include but are not limited to restaurants, museums, aquariums, scientific/ecological reserves, golf courses, resorts and convention centers, and public markets; provided, that such uses conform to the above water-enjoyment specifications and the provisions of the Master Program.
“Water-oriented use” means a use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses.
“Water-related use” means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because:
1. The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or
2. The use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient. Water-related uses may include, but are not limited to, professional services serving primarily water-dependent activities, warehousing of goods transported by water, watercraft sales, and boating supplies.
“Weir” means a device placed in a stream or river to raise or divert the water.
(Ord. 703 § 1 (Exh. A), 2018; Ord. 652 § 1 (Exh. A), 2015).