Title 18
ENVIRONMENT¹

Chapters:

18.04 Environmental Policy

18.06 Definitions

18.08 Permits

18.12 Shoreline Master Program

18.14 Repealed

18.16 Critical Areas

Chapter 18.04
ENVIRONMENTAL POLICY²

Sections:

18.04.010 Purpose.

18.04.020 Policy.

I. Authority

18.04.030 Authority.

II. General Requirements

18.04.040 Purpose of this part and adoption by reference.

18.04.060 Designation of responsible officials.

18.04.070 Lead agency determination and responsibilities.

18.04.080 Transfer of lead agency status to a state agency.

18.04.090 Additional timing considerations.

III. Categorical Exemptions and
Threshold Determinations

18.04.100 Purpose of this part and adoption by reference.

18.04.110 Use of exemptions.

18.04.120 Environmental checklist.

18.04.130 Mitigated DNS.

IV. Environmental Impact
Statement (EIS)

18.04.140 Purpose of this part and adoption by reference.

V. Commenting

18.04.150 Adoption by reference.

18.04.160 Public notice.

18.04.170 Designation of official to perform consulted agency responsibilities for the city.

VI. Using Existing Environmental Documents

18.04.180 Purpose of this part and adoption by reference.

VII. SEPA and Agency Decisions

18.04.190 Purpose of this part and adoption by reference.

18.04.200 Substantive authority.

18.04.210 Notice/statute of limitations.

VIII. Definitions

18.04.220 Repealed.

IX. Categorical Exemptions

18.04.230 Adoption by reference.

X. Agency Compliance

18.04.240 Purpose of this part and adoption by reference.

18.04.250 Fees.

XI. Forms

18.04.260 Adoption by reference.

18.04.010 Purpose.

The city does adopt, by reference, the policies of the State Environmental Policy Act (SEPA) as expressed in RCW 43.21C.010, 43.21C.020, 43.21C.031 and 43.21C.095. (Ord. 1405 § 3, 1999).

18.04.020 Policy.

A. Repealed by Ord. 1627.

B. Agencies shall to the fullest extent possible:

1. Interpret and administer the policies, regulations and laws of the state in accordance with the policies set forth in SEPA and these rules;

2. Find ways to make the SEPA process more useful to decisionmakers and the public, promote certainty regarding the requirements of the act, reduce paperwork and the accumulation of extraneous background data and emphasize important environmental impacts and alternatives;

3. Prepare environmental documents that are concise, clear and to the point, and are supported by evidence that the necessary environmental analyses have been made;

4. Initiate the SEPA process early in conjunction with other agency operations to avoid delay and duplication;

5. Integrate the requirement of SEPA with existing agency planning and licensing procedures and practices, so that such procedures run concurrently rather than consecutively;

6. Encourage public involvement in decisions that significantly affect environmental quality;

7. Identify, evaluate and require or implement, where required by the act and these rules, reasonable alternatives that would mitigate adverse effects of proposed actions on the environment. (Ord. 1627 § 2, 2004; Ord. 1405 § 3, 1999).

I. Authority

18.04.030 Authority.

The city adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120 and the SEPA rules, WAC 197-11-904, and this chapter contains the city’s procedures and policies under SEPA. Hereafter the SEPA rules, Chapter 197-11 WAC, shall be used in conjunction with this chapter. (Ord. 1405 § 3, 1999).

II. General Requirements

18.04.040 Purpose of this part and adoption by reference.

This part contains the basic requirements that apply to the SEPA process. The city adopts the following sections of Chapter 197-11 WAC by reference:

WAC

197-11-040 Definitions.

197-11-050 Lead agency.

197-11-055 Timing of the SEPA process.

197-11-060 Content of environmental review.

197-11-070 Limitations on actions during SEPA process.

197-11-080 Incomplete or unavailable information.

197-11-090 Supporting documents.

197-11-100 Information required of applicants.

(Ord. 1405 § 3, 1999).

18.04.060 Designation of responsible officials.

For those proposals for which the city is the lead agency, the responsible official shall be the planning and community development director or his/her designee.

A. For all proposals for which the city is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible official” by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020.

B. The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW. (Ord. 1663 § 30, 2006; Ord. 1484 § 7, 2001; Ord. 1405 § 3, 1999).

18.04.070 Lead agency determination and responsibilities.

A. The department within the city receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under

WAC 197-11-050 and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.

B. When the city is the lead agency for a proposal, the department receiving the application shall forward to the responsible official who shall supervise compliance with the threshold determination requirements and, if an EIS is necessary, shall supervise preparation of the EIS.

C. When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the city may conduct supplemental environmental review under WAC 197-11 600.

D. If the city or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination, or the city/county must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the city may be initiated by the responsible official.

E. The city is authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official that will incur responsibilities as the result of such agreement approve the agreement.

F. When the city makes a lead agency determination for a private project it shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal (that is: which agencies require nonexempt licenses?). (Ord. 1405 § 3, 1999).

18.04.080 Transfer of lead agency status to a state agency.

For any proposal for a private project where the city would be the lead agency and for which one or more state agencies have jurisdiction, the responsible official may elect to transfer the lead agency duties to a state agency. The state agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the city shall be an agency with jurisdiction. To transfer lead agency duties, the responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 1405 § 3, 1999).

18.04.090 Additional timing considerations.

A. For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the staff recommendation to any appropriate advisory body, such as the planning commission.

B. If the city’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications. (Ord. 1405 § 3, 1999).

III. Categorical Exemptions and
Threshold Determinations

18.04.100 Purpose of this part and adoption by reference.

This part of this chapter contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The city adopts the following sections by reference:

WAC

197-11-300 Purpose of this part.

197-11-305 Categorical exemptions.

197-11-310 Threshold determination.

197-11-315 Environmental checklist.

197-11-330 Threshold determination process.

197-11-335 Additional information.

197-11-340 Determination of nonsignificance (DNS).

197-11-350 Mitigated DNS.

197-11-360 Determination of significance (DS)/initiation of scoping.

197-11-390 Effect of threshold determination.

(Ord. 1405 § 3, 1999).

18.04.110 Use of exemptions.

A. Each department within the city that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal shall determine whether the license and/or the proposal is exempt. The department’s determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.

B. In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department’s consideration is exempt.

C. If a proposal includes both exempt and nonexempt actions, the city/county may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that as authorized in WAC 197-11-070:

1. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and

2. A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved. (Ord. 1405 § 3, 1999).

18.04.120 Environmental checklist.

A. A completed environmental checklist (or a copy) in the form provided in WAC 197-11-960 shall be filed at the same time as an application for a permit, license, certificate or other approval not specifically exempted in this chapter, except a checklist is not needed if the city/county and applicant agree an EIS is required, SEPA compliance has been completed or SEPA compliance has been initiated by another agency. The city/county shall use the environmental checklist to determine the lead agency and, if the city/county is the lead agency, for determining the responsible official and for making the threshold determination.

B. For private proposals, the city/county will require the applicant to complete the environmental checklist, providing assistance, as necessary. For city/county proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

C. The city/county may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:

1. The city/county has technical information on a question or questions that is unavailable to the private applicant; or

2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. (Ord. 1405 § 3, 1999).

18.04.130 Mitigated DNS.

A. As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.

B. An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and

2. Precede the city/county’s actual threshold determination for the proposal.

C. The responsible official should respond to the request for early notice within 20 calendar days. The response shall:

1. Be written;

2. State whether the city/county currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the city/county to consider a DS; and

3. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

D. As much as possible, the city/county should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

E. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the city/county shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal:

1. If the city/county indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the city/county shall issue and circulate a DNS under WAC 197-11-340(2);

2. If the city/county indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the city/county shall make the threshold determination, issuing a DNS or DS as appropriate;

3. The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent storm water runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot storm water retention pond at Y location” are adequate;

4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.

F. Mitigated DNSs issued under WAC 197-11-340 require a 15-day comment period and public notice.

G. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city/county.

H. If the city/county’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city/county should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (Withdrawal of DNS).

I. The city’s written response under subsection B of this section shall not be construed as determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the city/county to consider the clarifications or changes in its threshold determination. (Ord. 1405 § 3, 1999).

IV. Environmental Impact Statement (EIS)

18.04.140 Purpose of this part and adoption by reference.

This part of the chapter contains the rules for preparing environmental impact statements. The city adopts the following sections by reference:

WAC

197-11-400 Purpose of EIS.

197-11-402 General requirements.

197-11-405 EIS types.

197-11-406 EIS timing.

197-11-408 Scoping.

197-11-410 Expanded scoping (optional).

197-11-420 EIS preparation.

197-11-425 Style and size.

197-11-430 Format.

197-11-435 Cover letter or memo.

197-11-440 EIS contents.

197-11-442 Contents of EIS on nonproject.

197-11-443 EIS contents when prior nonproject EIS.

197-11-444 Elements of the environment.

197-11-448 Relationship of EIS to other considerations.

197-11-450 Cost-benefit analysis.

197-11-455 Issuance of DEIS.

197-11-460 Issuance of FEIS.

(Ord. 1405 § 3, 1999).

V. Commenting

18.04.150 Adoption by reference.

This part contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The city hereby adopts the following sections by reference, as supplemented in this part:

WAC

197-11-500 Purpose of this part.

197-11-502 Inviting comment.

197-11-504 Availability and cost of environmental documents.

197-11-508 SEPA register.

197-11-535 Public hearings and meetings.

197-11-545 Effect of no comment.

197-11-550 Specificity of comments.

197-11-560 FEIS response to comments.

197-11-570 Consulted agency costs to assist lead agency.

(Ord. 1405 § 3, 1999).

18.04.160 Public notice.

A. Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3), the city shall give public notice as follows:

1. If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.

2. If no public notice is required for the permit or approval, the city shall give notice of the DNS or DS by:

a. Posting the property, or requiring the applicant post the property, for site-specific proposals;

b. Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered;

c. Notifying the news media.

3. Whenever the city issues a DS under WAC 197-11-360(3), the city shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.

B. Whenever the city issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:

1. Indicating the availability of the DEIS in any public notice required for a nonexempt license;

2. Posting the property, or requiring the applicant post the property, for site-specific proposals;

3. Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered;

4. Notifying the news media.

C. Whenever possible, the city shall integrate the public notice required under this section with existing notice procedures for the city’s nonexempt permit(s) or approvals required for the proposal.

D. The city may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. (Ord. 1405 § 3, 1999).

18.04.170 Designation of official to perform consulted agency responsibilities for the city.

A. The city clerk shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping and reviewing a DEIS.

B. The city clerk shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. (Ord. 1405 § 3, 1999).

VI. Using Existing Environmental Documents

18.04.180 Purpose of this part and adoption by reference.

This part contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the city’s own environmental compliance. The city adopts the following sections by reference:

WAC

197-11-600 When to use existing environmental documents.

197-11-610 Use of NEPA documents.

197-11-620 Supplemental environmental impact statement – Procedures.

197-11-625 Addenda – Procedures.

197-11-630 Adoption – Procedures.

197-11-635 Incorporation by reference – Procedures.

197-11-640 Combining documents.

(Ord. 1405 § 3, 1999).

VII. SEPA and Agency Decisions

18.04.190 Purpose of this part and adoption by reference.

This part contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following sections by reference:

WAC

197-11-650 Purpose of this part.

197-11-655 Implementation.

197-11-660 Substantive authority and mitigation.

197-11-680 Appeals.

(Ord. 1405 § 3, 1999).

18.04.200 Substantive authority.

A. The policies and goals set forth in this chapter are supplementary to those in existing authorization of the city.

B. The city may attach conditions to a permit or approval for a proposal so long as:

1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

2. Such conditions are in writing; and

3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

4. The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

5. Such conditions are based on one or more policies in subsection D of this section and cited in the license or other decision document.

C. The city may deny a permit or approval for a proposal on the basis of SEPA so long as:

1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; and

2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

3. The denial is based on one or more policies identified in subsection D of this section and identified in writing in the decision document.

D. The city designates and adopts by reference as hereafter may be modified by the city the following policies as the basis for the city’s exercise of authority pursuant to this section:

1. The comprehensive plan of the city.

2. Storm water comprehensive plan of the city.

3. City of Milton water system plan.

4. City of Milton transportation improvement plan.

5. City of Milton comprehensive storm water plan.

6. City of Milton electric system plan.

7. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs and resources to the end that the state and its citizens may:

a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

b. Assure for all people of the state safe, healthful, productive and aesthetically and culturally pleasing surroundings;

c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences;

d. Preserve important historic, cultural and natural aspects of our national heritage;

e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

8. The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. (Ord. 1653 § 1, 2005; Ord. 1627 § 1, 2004; Ord. 1405 § 3, 1999).

18.04.210 Notice/statute of limitations.

A. The city, the applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.

B. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the city clerk, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 1405 § 3, 1999).

VIII. Definitions

18.04.220 Purpose of this part and adoption by reference.

Repealed by Ord. 1671. (Ord. 1663 § 31, 2006; Ord. 1484 § 8, 2001; Ord. 1405 § 3, 1999).

IX. Categorical Exemptions

18.04.230 Adoption by reference.

The city adopts by reference the following rules for categorical exemptions:

WAC

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

(Ord. 1405 § 3, 1999).

X. Agency Compliance

18.04.240 Purpose of this part and adoption by reference.

This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, listing agencies with environmental expertise, selecting the lead agency and applying these rules to current agency activities. The city adopts the following sections by reference:

WAC

197-11-900 Purpose of this part.

197-11-902 Agency SEPA policies.

197-11-916 Application to ongoing actions.

197-11-920 Agencies with environmental expertise.

197-11-922 Lead agency rules.

197-11-924 Determining the lead agency.

197-11-926 Lead agency for governmental proposals.

197-11-928 Lead agency for public and private proposals.

197-11-930 Lead agency for private projects with one agency with jurisdiction.

197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.

197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.

197-11-936 Lead agency for private projects requiring licenses from more than one state agency.

197-11-938 Lead agencies for specific proposals.

197-11-940 Transfer of lead agency status to a state agency.

197-11-942 Agreements on lead agency status.

197-11-944 Agreements on division of lead agency duties.

197-11-946 DOE resolution of lead agency disputes.

197-11-948 Assumption of lead agency status.

(Ord. 1405 § 3, 1999).

18.04.250 Fees.

The agency shall require the following fees for its activities in accordance with the provisions of this chapter:

A. Threshold Determination. For every environmental checklist the city will review when it is a lead agency, the city shall collect a fee as per Chapter 3.48 MMC from the proponent of the proposal prior to undertaking the threshold determination. The time period provided by this chapter for making a threshold determination shall not begin to run until payment of the fee.

B. Environmental Impact Statement.

1. When the city is the lead agency for a proposal requiring an EIS and the land use administrator determines that an EIS shall be prepared by the employees of the city, the city may charge and collect a reasonable fee from any applicant to cover cost incurred by the city in preparing the EIS. The city clerk shall advise the applicant of the projected costs for the EIS prior to actual preparation; the applicant shall post bond, or deposit $1,000 cash, or otherwise ensure payment of such costs.

2. The manager of the district may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. The city may require the applicant to post bond, deposit $1,000 cash or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the city and the applicant after a call for proposals.

3. If a proposal is modified so that an EIS is no longer required, the city clerk shall refund any fees collected under subsection (B)(1) or (B)(2) of this section together with any interest accrued which remain after incurred costs are paid.

C. The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.

D. The city shall not collect a fee for performing its duties as a consulted agency.

E. The city may charge any person for copies of any document prepared under this chapter and for mailing the document, in a manner provided by Chapter 42.17 RCW and Resolution No. 337.

F. Environmental checklist review pursuant to MMC 3.48.010 shall include review by the public works director or consulting engineer who shall submit a written report to the responsible official incorporating, if relevant, documentation of any off-site improvements to mitigate said impacts. The responsible official shall determine the reasonable cost to the city of the environmental checklist review and shall require the applicant to pay a fee in addition to the original deposit to cover the cost of such review. If the cost of review is substantially less than the environmental checklist review fee deposit the responsible official shall document the difference and refund said difference to the applicant, minus transaction costs incurred by the city in said refund process.

G. Voluntary Pre-Project Application Environmental Review. The potential applicant for any project action listed at MMC 3.48.010 may obtain an environmental review similar to the review set forth at subsection F of this section, upon payment of a fee deposit as set forth as relevant, MMC 3.48.010. The fee deposit shall be subject to the terms set forth at subsection F of this section. The potential applicant shall be provided a copy of the written report prepared by the public works director or consulting engineer. Upon timely submission of a substantially similar project application and environmental checklist, the responsible official may reduce the fee deposit required pursuant to subsection F of this section when a second duplicative city engineering review is determined to be unnecessary. In such a case the engineering review under this subsection shall be used to complete the requirement of subsection F of this section. (Ord. 1405 § 3, 1999).

XI. Forms

18.04.260 Adoption by reference.

The city adopts the following forms and sections by reference:

WAC

197-11-960 Environmental checklist.

197-11-965 Adoption notice.

197-11-970 Determination of nonsignificance (DNS).

197-11-980 Determination of significance (DS) and scoping notice.

197-11-985 Notice of assumption of lead agency status.

197-11-990 Notice of action.

(Ord. 1405 § 3, 1999).

Chapter 18.06
DEFINITIONS

Sections:

18.06.010 Purpose of this chapter and adoption by reference.

18.06.020 Definitions.

18.06.010 Purpose of this chapter and adoption by reference.

This chapter contains uniform usage and definitions of terms under this title. The city adopts the following sections by reference:

WAC

197-11-700 Definitions.

197-11-702 Act.

197-11-704 Action.

197-11-706 Addendum.

197-11-708 Adoption.

197-11-710 Affected tribe.

197-11-712 Affecting.

197-11-714 Agency.

197-11-716 Applicant.

197-11-718 Built environment.

197-11-720 Categorical exemption.

197-11-722 Consolidated appeal.

197-11-724 Consulted agency.

197-11-726 Cost-benefit analysis.

197-11-728 County/city.

197-11-730 Decisionmaker.

197-11-732 Department.

197-11-734 Determination of nonsignificance (DNS).

197-11-736 Determination of significance (DS).

197-11-738 EIS.

197-11-740 Environment.

197-11-742 Environmental checklist.

197-11-744 Environmental document.

197-11-746 Environmental review.

197-11-748 Environmentally sensitive area.

197-11-750 Expanded scoping.

197-11-752 Impacts.

197-11-754 Incorporation by reference.

197-11-756 Lands covered by water.

197-11-758 Lead agency.

197-11-760 License.

197-11-762 Local agency.

197-11-764 Major action.

197-11-766 Mitigated DNS.

197-11-768 Mitigation.

197-11-770 Natural environment.

197-11-772 NEPA.

197-11-774 Nonproject.

197-11-776 Phased review.

197-11-778 Preparation.

197-11-780 Private project.

197-11-782 Probable.

197-11-784 Proposal.

197-11-788 Responsible official.

197-11-790 SEPA.

197-11-792 Scope.

197-11-793 Scoping.

197-11-794 Significant.

197-11-796 State agency.

197-11-797 Threshold determination.

197-11-799 Underlying governmental action.

(Ord. 1671 § 4, 2006).

18.06.020 Definitions.

In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this title, the following terms shall have the following meanings, unless the context indicates otherwise. Words and phrases used in this title shall be interpreted as defined below. Where ambiguity exists, words or phrases shall be interpreted so as to give this title its most consistent and reasonable application in carrying out its regulatory purpose.

“Adjacent” means immediately adjoining (in contact with the boundary of the critical area) or within a distance that is less than that needed to separate activities from critical areas to ensure protection of the functions and values of the critical areas. “Adjacent” shall mean any activity or development located a distance equal to or less than the required critical area buffer width and building setback.

“Alteration” means any human-induced activity that changes the existing condition of a critical area. Alterations include, but are not limited to, grading; filling; dredging; draining; channelizing; clearing or removing vegetation; discharging pollutants; paving; construction; or any other human activity that changes the existing landforms, vegetation, hydrology, fish, wildlife, or wildlife habitat of a critical area.

“Anadromous fish” means species, such as salmon, which are born in fresh water, spend a large part of their lives in the sea, and return to fresh water rivers and streams to procreate.

“Applicant” means the person, party, firm, corporation, or other entity that proposes any activity that could affect a critical area.

“Aquifer” means a saturated geologic formation that will yield a sufficient quantity of water to serve as a private or public water supply.

“Aquifer recharge areas” means areas where the prevailing geologic conditions allow infiltration rates which create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. Aquifer recharge areas are classified as follows:

A. High Significance Aquifer Recharge Areas. Areas with slopes of less than 15 percent that are underlain by coarse alluvium or sand and gravel, and overlain by soils with moderate to rapid permeability, as classified by the U.S. Department of Agriculture Soil Conservation Service;

B. Moderate Significance Aquifer Recharge Areas.

1. Areas with slopes of less than 15 percent that are underlain by fine alluvium, silt, clay, or glacial till, and overlain by soils with moderate to rapid permeability as classified by the U.S. Department of Agriculture Soil Conservation Service; and

2. Areas with slopes of 15 to 30 percent that are underlain by coarse alluvium, sand or gravel, and overlain by soils with moderate to rapid permeability, as classified by the U.S. Department of Agriculture Soil Conservation Service;

C. Low Significance Aquifer Recharge Areas.

1. Areas with slopes of 15 to 30 percent that are underlain by silt, clay, or glacial till; and

2. Areas with slopes greater than 30 percent.

“Aquifer susceptibility” means the ease with which contaminants can move from the land surface to the aquifer based solely on the types of surface and subsurface materials in the area.

“Base flood” means a flood having a one percent chance of being equaled or exceeded in any given year; also referred to as the 100-year flood.

“Best available science” means the current scientific information used in the process to designate, protect, or restore critical areas that is derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925.

“Best management practices (BMPs)” means the conservation practices or systems of practices and management measures that:

A. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment;

B. Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands;

C. Protect trees and vegetation designated to be retained during and following site construction; and

D. Provide standards for proper use of chemical herbicides within critical areas.

The city shall monitor the application of best management practices to ensure that the standards and policies of this title are adhered to.

“Buffer” or “buffer area” means a naturally vegetated and undisturbed or revegetated zone surrounding a critical area that protects the critical area from adverse impacts to its integrity and value, or is an integral part of the resource’s ecosystem.

“City” means the city of Milton, including any department, official, board or body thereof with jurisdiction over the subject of this chapter.

“Clearing” means the removal of timber, brush, grass, ground cover, or other vegetative matter from a site that exposes the earth’s surface of the site or any actions that disturb the existing ground surface.

“Conservation easement” means a legal agreement that the property owner enters into to restrict uses of the land. Such restrictions can include, but are not limited to, passive recreation uses such as trails or scientific uses and fences or other barriers to protect habitat. The easement is recorded on a property deed, runs with the land, and is legally binding on all present and future owners of the property, therefore providing permanent or long-term protection.

“Creation” means bringing a wetland or stream corridor into existence at a site in which a wetland or stream corridor did not formerly exist.

“Critical aquifer recharge areas” are areas designated by WAC 365-190-080(2) that are determined to have a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2).

“Critical areas” include any of the following areas or ecosystems: aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, and wetlands, as defined in Chapter 36.70A RCW and this chapter.

“Critical ecosystems” means environmentally sensitive areas subject to natural hazards or those landform features which in their natural state carry, hold or purify water and support unique, fragile or valuable natural resources such as fish, wildlife and other organisms. These areas also provide flood protection, shoreline stability and aid in recharging valuable ground water resources. These critical ecosystems include aquifer recharge areas, fish and wildlife habitat conservation and open space areas, frequently flooded areas, geologically hazardous areas, natural resource areas, stream corridors, wetlands and their associative transitional buffer zones.

“Critical facility” means a facility for which even a slight chance of flooding, inundation, or impact from a hazard event might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations that produce, use or store hazardous materials or hazardous waste.

“Critical geologic hazard areas” means lands or areas subject to high or severe risks of geologic hazard.

“Critical habitats” means those habitat areas which meet any of the following criteria:

A. Areas with which species listed by the federal government or state of Washington as endangered, threatened, or sensitive have a primary association;

B. Those streams identified as Type I or Type II streams as defined in Chapter 18.16 MMC;

C. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat;

D. Those wetlands identified as Category I or II wetlands, as defined in Chapter 18.16 MMC;

E. Open space wetlands, river and stream banks, ravines, wooded areas and any other upland areas that provide essential habitat for sensitive and locally important plant or wildlife species;

F. Areas with which priority species (as determined by the Washington Department of Fish and Wildlife) have a primary association;

G. Priority habitats as identified by the Washington Department of Fish and Wildlife. Priority habitats are areas with one or more of the following attributes: comparatively high wildlife density, high wildlife species richness, significant wildlife species richness, significant wildlife breeding habitat, significant wildlife seasonal ranges, significant movement corridors for wildlife, limited availability, and/or high vulnerability;

H. Habitats or species of local importance.

“Critical species” are all animal and plant species listed by the state or federal government as threatened or endangered.

“Cumulative impacts or effects” are the combined, incremental effects of human activity on ecological or critical areas functions and values. Cumulative impacts result when the effects of an action are added to or interact with other effects in a particular place and within a particular time. It is the combination of these effects, and any resulting environmental degradation, that should be the focus of cumulative impact analysis and changes to policies and permitting decisions.

“DBH” or “diameter at breast height” means the diameter of a tree as measured at breast height (54 inches above the ground).

“Degraded wetland” means a wetland in which the vegetation, soils and/or hydrology have been adversely altered, resulting in lost or reduced functional value.

“Department” means any division, subdivision or organizational unit of the city established by resolution, rule or order.

“Department of Ecology” means the State Department of Ecology.

“Developable area” means a site or portion of a site that may be utilized as the location of development, in accordance with the rules of this title.

“Development” means a use consisting of the construction or exterior alteration of structures, dredging, drilling, dumping, filling, removal of any sand, gravel or minerals, stockpiling of materials, bulkheading, driving of piling, paving, 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 the provisions of this chapter at any state of water level.

“DNS” means determination of nonsignificance.

“Dredging” means the removal of earth from the bottom of a navigational channel, berthing area or to obtain bottom materials for landfill.

“DS” means determination of significance.

“Early notice” means the city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance (DNS) procedures).

“Emergent wetland” means a wetland with at least 30 percent of its surface covered by erect, rooted, herbaceous vegetation at the uppermost vegetative strata.

“Enhancement” means an action that increases the functions and values of a stream, wetland, or other critical area or buffer.

“Epicenter” means the location on the surface of the earth directly above the place where an earthquake originates.

“Erosion” means wearing away of the earth’s surface as a result of movement of wind, water, ice or any means.

“Erosion hazard areas” means those lands susceptible to the wearing away of their surface by water, wind or gravitational creep. Erosion hazard areas are classified as low, moderate or high risk based on slope inclination and soil types as identified by the U.S. Department of Agriculture Soil Conservation Service:

A. Low. All sites classified with soil types designated by the U.S. Department of Agriculture Soil Conservation Service as having no or slight erosion hazard.

B. Moderate. All sites classified with soil types designated as moderate hazard.

C. High. All sites classified with soil types designated as severe or very severe erosion hazard.

“Existing and ongoing agriculture” means those activities conducted on lands defined in RCW 84.34.020(2), and those existing activities involved in the production of crops or livestock. Activities may include the operation and maintenance of farm and stock ponds or drainage ditches; operation and maintenance of existing ditches or irrigation systems; changes from one type of agricultural activity to another agricultural activity; and normal maintenance, repair, and operation of existing serviceable structures, facilities, or improved areas. Activities which bring a nonagricultural area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five years.

“Exotic” means any species of plants or animals which are foreign to the planning area.

“Extraordinary hardship” means the prevention of all reasonable economic use of a site by strict application of this chapter and/or procedures adopted to implement this chapter.

“Fill” means dumping or placing, by any means, any material from, to or on any soil or sediment surface including temporary stockpiling of material.

“Fish and wildlife habitat conservation areas” are areas necessary for maintaining fish and wildlife species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-080(5).

“Fish habitat” means habitat that is used by fish at any life stage at any time of the year, including potential habitat likely to be used by fish that could be recovered by restoration or management and includes off-channel habitat.

“Flood hazard areas” means those areas subject to inundation by the base flood. These areas consist of the following components, as determined by the city:

A. Floodplain. The total area subject to inundation by the base flood.

B. Flood Fringe. That portion of the floodplain outside the floodway which is generally covered by floodwaters during the base flood. It is generally associated with standing water rather than rapidly flowing water.

C. Floodway. The channel of the stream and that portion of the adjoining floodplain that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot.

“Forested wetland” means a wetland with at least 20 percent of the surface area covered by woody vegetation greater than 20 feet in height.

“Frequently flooded areas” are lands in the floodplain subject to a one percent or greater chance of flooding in any given year and those lands that provide important flood storage, conveyance and attenuation functions, as determined by the city in accordance with WAC 365-190-080(3). Classifications of frequently flooded areas include, at a minimum, the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program.

“Functional value” means the beneficial role streams and wetlands serve including, but not limited to, fish and wildlife habitat, ground water recharge/discharge, water quality protection, storm water storage, conveyance, floodwater and storm water retention, provision of erosion and sediment controls and recreation and aesthetic value.

“Geologic hazard areas” means lands or areas characterized by geologic, hydrologic, and topographic conditions that render them susceptible to potentially significant or severe risk of landslides, erosion, or seismic activity.

“Grading” means any excavating, filling, clearing, leveling, or contouring of the ground surface by human or mechanical means.

“Ground water” means all water found beneath the ground surface, including slow- moving subsurface water present in aquifers and recharge areas.

“Ground water management area” means a specific geographic area or subarea designated pursuant to Chapter 173-100 WAC for which a ground water management program is required.

“Ground water management program” means a comprehensive program designed to protect ground water quality, to assure ground water quantity, and to provide for efficient management of water resources while recognizing existing ground water rights and meeting future needs consistent with local and state objectives, policies and authorities within a designated ground water management area or subarea and developed pursuant to Chapter 173-100 WAC.

“Growth Management Act” means Chapters 36.70A and 36.70B RCW, as amended.

“Habitat” means the specific area or environment in which a particular type of plant or animal lives.

“Habitat conservation areas” means areas designated as fish and wildlife habitat conservation areas.

“Hazard areas” means areas designated as frequently flooded areas or geologically hazardous areas due to potential for erosion, landslide, seismic activity, mine collapse, or other geological condition.

“Hazardous substance” means any substance defined as a “hazardous substance” pursuant to RCW 70.105D.020(5), which subsection is adopted by reference as though set forth herein in full.

“Hazardous substance processing or handling” means the use, storage, manufacture or other land use activity involving hazardous substances, but does not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container.

“Hazardous waste” means all dangerous waste and extremely hazardous waste as designated pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC.

A. “Dangerous waste” means any discarded, useless, unwanted, or abandoned substances including, but not limited to, certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:

1. Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or

2. Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.

B. “Extremely hazardous waste” means any waste which:

1. Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of humans or wildlife; and

2. Is disposed of at a disposal site in such quantities as would present an extreme hazard to humans or the environment.

“Hazardous waste treatment and storage facility” means a facility that treats and stores hazardous waste and is authorized pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC. It includes all contiguous land and structures used for recycling, reusing, reclaiming, transferring, storing, treating, or disposing of hazardous waste.

“Height” means the vertical distance measured from the average grade level to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, and to one-half the vertical distance between the eaves and ridge of a gable, hip or gambrel roof; provided, however, that where buildings are set back from the street line, the height of the buildings may be measured from the average elevation of the finished yard grade along the front of the building.

“High intensity land use” means a use associated with high levels of human or structural activity. These uses include:

A. Residential buildings and structures;

B. Active recreational areas and facilities;

C. Commercial or industrial uses and structures; or

D. Similar activities.

“Hydric soil” means soil that is saturated or flooded long enough during the growing season to develop anaerobic (oxygen deficient) conditions in the upper part. In order to develop these characteristics, the soil must be covered or saturated by water for at least seven days during the normal growing season for at least two or more years.

“Hydroperiod” means the seasonal occurrence of flooding and/or soil saturation which encompasses the depth, frequency, duration and seasonal pattern of inundation.

“Hydrophyte” means an aquatic plant growing in water or on a substrate (hydric soil) that is at least periodically deficient in oxygen where the water or waterlogged soil is too wet for most plants to survive. Examples of these plants can include:

A. Cattails;

B. Sedges;

C. Bulrush;

D. Alder;

E. Salmonberry.

“Hyporheic zone” means the saturated zone located beneath and adjacent to streams that contains some portion of surface waters, serves as a filter for nutrients, and maintains water quality.

“Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or that 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, roof tops, 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 storm water.

“Infiltration” means the downward entry of water into the immediate surface of soil.

“Injection well(s)” means as follows:

A. Class I. A well used to inject industrial, commercial, or municipal waste fluids beneath the lowermost formation containing, within one-quarter mile of the well bore, an underground source of drinking water.

B. Class II. A well used to inject fluids:

1. Brought to the surface in connection with conventional oil or natural gas exploration or production and may be commingled with wastewaters from gas plants that are an integral part of production operations, unless those waters are classified as dangerous wastes at the time of injection;

2. For enhanced recovery of oil or natural gas; or

3. For storage of hydrocarbons that are liquid at standard temperature and pressure.

C. Class III. A well used for extraction of minerals, including but not limited to the injection of fluids for:

1. In-situ production of uranium or other metals that have not been conventionally mined;

2. Mining of sulfur by Frasch process; or

3. Solution mining of salts or potash.

D. Class IV. A well used to inject dangerous or radioactive waste fluids.

E. Class V. All injection wells not included in Classes I, II, III, or IV.

“In-kind compensation” means to replace critical areas with substitute areas whose characteristics and functions closely approximate those destroyed or degraded by a regulated activity. It does not mean replacement “in category.”

“Inter-rill” means areas subject to sheetwash.

“Isolated wetlands” are those wetlands that are outside of and not contiguous to any 100- year floodplain of a lake, river, or stream, and have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water.

“Lahars” means mudflows and debris flows originating from the slopes of a volcano.

Land Use Administrator. The planning/building director of the city shall serve as land use administrator as said position was established pursuant to MMC 18.16.020. The mayor may also designate an acting land use administrator who shall have all of the duties and powers of the land use administrator in the absence of or inability of the land use administrator to act.

“Landslide” means episodic downslope movement of a mass of soil or rock.

“Landslide hazard areas” means areas that, due to a combination of slope inclination, relative soil permeability and hydrologic factors, are susceptible to varying risks of landsliding.

“Liquefaction” means a process by which a water-saturated granular (sandy) soil layer loses strength because of ground shaking commonly caused by an earthquake.

“Lot slope” means a measurement by which the average slope of the lot is calculated as a percentage. The lowest elevation of the lot is subtracted from the highest elevation, and the resulting number is divided by the horizontal distance between these two points. The resulting product is multiplied by 100.

“Magnitude” means a quantity characteristic of the total energy released by an earthquake. Commonly, earthquakes are recorded with magnitudes from zero to eight.

“Maintenance dredging” means the removal of earth from the bottom of a stream, river, lake, bay or other water body for the purpose of maintaining a prescribed minimum depth of any specific waterway project.

“Marsh” means a wetland which is permanently submerged or has intermittent aquatic plant life where dominant vegetation is nonwoody plants such as grasses and sedges.

“Mass wasting” is a general term for a variety of processes by which large masses of rock or earth material are moved downslope by gravity, either slowly or quickly.

“Mineral extraction” means the removal of naturally occurring materials from the earth, excluding dredging as defined in this chapter.

“Mineral resource lands” means any area presently operating under a valid Washington State Department of Natural Resources (DNR) surface mining permit. Other areas shall be classified as mineral resource lands when a surface mining permit is granted by the DNR.

“Minerals” means gravel, sand and valuable metallic substances.

“Monitoring” means evaluating the impacts of development proposals on the biological, hydrological, and geological elements of such systems and assessing the performance of required mitigation measures through the monitoring period and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features, and includes gathering baseline data.

“Native growth protection area (NGPA)” means an area where native vegetation is preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering and protecting plants and animal habitat and removal of invasive species.

“Native vegetation” means plant species that are indigenous and naturalized to the city’s region and which can be expected to naturally occur on a site. Native vegetation does not include noxious weeds.

“Nonconformity” means a legally established existing use or legally constructed structure that is not in compliance with current regulations.

Nonindigenous. See “Exotic.”

“Noxious weed” means any plant which, when established, is highly destructive, competitive, or difficult to control by cultural or chemical practices. Any plant designated as a noxious weed in the state noxious weed list, as defined and referenced at RCW 17.10.010, shall be presumed to be a noxious weed for purposes of this chapter.

“Ordinance” means the ordinance or other procedure used by the city to adopt regulatory requirements.

“Ordinary high water mark (OHWM)” on all lakes, streams and tidal water means that mark that will be found by examining the bed and banks and ascertaining where the presence and action of water 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 on June 1, 1971, or as it may naturally change thereafter; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining saltwater shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water.

“Out-of-kind compensation” means to replace critical areas with substitute critical areas whose characteristics do not closely approximate those destroyed or degraded. It does not refer to replacement “out-of-category.”

“Palustrine wetland” means a freshwater wetland, emergent herbaceous vegetation, scrub-shrub vegetation and/or trees that are isolated from a larger water body.

“Permeability” means the capacity of an aquifer or confining bed to transmit water. It is a property of the aquifer or confining bed and is independent of the force causing movement.

“Person” means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation or agency of the state or local government unit however designated.

“Ponds” means naturally occurring impoundments of open water less than 20 acres and more than 2,500 square feet which maintain standing water throughout the year.

“Porous soil types” means soils, as identified by the National Resources Conservation Service, U.S. Department of Agriculture, that contain voids, pores, interstices or other openings which allow the passing of water.

“Potable water” means water that is safe and palatable for human use.

“Practicable alternatives” means alternatives to the proposed project which shall accomplish essentially the same objective and avoid or have less adverse impacts than the proposed project.

“Primary association area” means the area used on a regular basis by, or is in close association with, or is necessary for the proper functioning of the habitat of a critical species. “Regular basis” means that the habitat area is normally or usually known to contain a critical species, or based on known habitat requirements of the species, the area is likely to contain the critical species. Regular basis is species- and population-dependent. Species that exist in low numbers may be present infrequently yet rely on certain habitat types.

“Priority habitats” means seasonal range or habitat element with which a given species is primarily associated and which, if altered, may reduce survival potential of that species over the long term. These may include habitat areas of:

A. High relative density or species richness;

B. Breeding habitat;

C. Winter range and movement corridors;

D. Limited availability; or

E. High vulnerability to alteration.

“Priority species” means plant or animal species which are of concern due to their population status and sensitivity to habitat alteration. Priority species include those which are listed by the state as endangered, threatened or sensitive as well as other species of concern and game species.

“Project area” means all areas within 50 feet of the area proposed to be disturbed, altered, or used by the proposed activity or the construction of any proposed structures. When the action binds the land, such as a subdivision, short subdivision, binding site plan, planned unit development, or rezone, the project area shall include the entire parcel, at a minimum.

“Protection” (preservation) means removing a threat to, or preventing the decline of, conditions by an action in or near a critical area or buffer.

“Qualified professional” means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology or a related field, and a minimum of two years of related work experience.

A. A qualified professional for habitats or wetlands must have a degree in biology and professional experience related to the subject species.

B. A qualified professional for a geological hazard must be a professional engineer or geologist, licensed in the state of Washington.

C. A qualified professional for critical aquifer recharge areas must be a hydrogeologist, geologist, engineer, or other scientist with experience in preparing hydrogeologic assessments.

“Rare, threatened or endangered species” means plant or animal species that are regionally relatively uncommon, are nearing endangered status or whose existence is in immediate jeopardy and that are usually restricted to highly specific habitats.

“Reasonable alternative” means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to critical areas.

“Reasonable use” means alternatives to the proposal which will result in minimum feasible alteration or impairment of the functional characteristics including contours, vegetation, fish and wildlife resources, ground water and hydrological conditions.

“Recessional outwash geologic unit” means sand and gravel materials deposited by melt-water streams from receding glaciers.

“Recharge” means the process involved in the absorption and addition of water to ground water.

“Reclaimed water” means municipal wastewater effluent that has been adequately and reliably treated so that it is suitable for beneficial use. Following treatment it is no longer considered wastewater (treatment levels and water quality requirements are given in the water reclamation and reuse standards adopted by the State Departments of Ecology and Health).

“Recreation” means the refreshment of body and mind through forms of play, amusement or relaxation. The recreational experience may be active, such as boating and swimming, or may be passive such as enjoying the natural beauty of the shoreline or its wildlife through nature walks, wildlife observation, fishing and hiking.

“Regulated activities” means any act which would destroy natural vegetation; result in significant change in water temperature, physical or chemical characteristics; substantially alter existing patterns of tidal flow; obstruct the flow of sediment or alter the natural contours of a site.

“Repair or maintenance” means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition.

“Restoration” means measures taken to restore an altered or damaged natural feature including:

A. Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and

B. Actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events.

“Rills” are steep-sided channels resulting from accelerated erosion. A rill is generally a few inches deep and not wide enough to be an obstacle to farm machinery. Rill erosion tends to occur on slopes, particularly steep slopes with poor vegetative cover.

“Riparian habitat” means wetland habitat bordering a stream which is occasionally flooded and periodically supports predominantly hydrophytes.

“Scrub-shrub wetland” means a wetland with at least 30 percent of its surface area covered with woody vegetation less than 20 feet in height.

“Seeps” means a spot where water oozes from the earth, often forming the source of a small stream.

“Seismic hazard areas” means areas that, due to a combination of soil and ground water conditions, are subject to severe risk of ground shaking, subsidence, or liquefaction of soils during earthquakes. These areas are typically underlain by soft or loose saturated soils (such as alluvium), have a shallow ground water table and are typically located on the floors of river valleys. Geologic material is weighted most heavily in the following classification of seismic risk:

A. Class I – High. All areas with lands designated as alluvium and recessional outwash surficial geologic units (as identified in Groundwater Occurrence and Stratigraphy of Unconsolidated Deposits, Central Pierce County, WA, Water Supply Bulletin No. 22, Plates One and Two, U.S. Department of the Interior, Geological Survey, Water Resources Division), or high risk slopes.

B. Class H – Low. All other sites with a lower risk geological classification.

“SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

“Sheetwash” means overland flow of water in thin sheets.

“Shorelands or shoreland areas” are those 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 Chapter 90.58 RCW.

Shoreline Environmental Designation. There is one shoreline environment defined and designated to exist on the shorelines within the city. This shoreline environmental designation is defined as rural-residential. The rural-residential designation is designed to ensure medium intensity residential, commercial and multifamily development and to allow for a natural transitional area between the highly intensified land use of urban areas and the surrounding minimal agricultural uses, recreational uses and open space found in the rural environment.

“Shorelines” means all the water areas, including the streams, lakes, and ponds of the city including Surprise Lake and its associated wetlands, together with the lands underlying it.

“Shorelines of statewide significance” are those areas defined in RCW 90.58.030(2)(e).

“Shorelines of the city” means the total of all “shorelines” and “shorelines of statewide significance” within the city.

“Shorelines of the state” are the total of all “shorelines,” as defined in RCW 90.58.030(2)(d), and “shorelines of statewide significance” within the state, as defined in RCW 90.58.030(2)(c).

“Significant portion of its range” means that portion of a species’ range likely to be essential to the long-term survival of the population in Washington.

“Slope” means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance.

“Sludge” means a semisolid substance consisting of settled solids combined with varying amounts of water and dissolved materials generated from a wastewater treatment plant or system or other sources, including septage sludge, sewage sludge, or industrial sludge.

“Sludge land application site” means a site where stabilized sludge, septage, and other organic wastes are applied to the surface of the land in accordance with established agronomic rates for fertilization or soil conditioning.

“Soil survey” means the most recent soil survey for the local area or county by the National Resources Conservation Service, U.S. Department of Agriculture.

“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles and parts thereof, discarded commodities and any other discarded materials which may be deemed to be worthless for any use or purpose.

“Special protection areas” are aquifer recharge areas defined by WAC 173-200-090 that require special consideration or increased protection because of unique characteristics, including, but not limited to:

A. Ground waters that support an ecological system requiring more stringent criteria than drinking water standards;

B. Ground water recharge areas and wellhead protection areas that are vulnerable to pollution because of hydrogeologic characteristics; and

C. Sole source aquifer status.

“Species, endangered” means any fish or wildlife species that is threatened with extinction throughout all or a significant portion of its range and is listed by the state or federal government as an endangered species.

“Species of local importance” means those species of local concern due to their population status or their sensitivity to habitat manipulation, or that are game species.

“Species, priority” means any fish or wildlife species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels as classified by the Department of Fish and Wildlife, including endangered, threatened, sensitive, candidate and monitor species, and those of recreational, commercial, or tribal importance.

“Species, threatened” means any fish or wildlife species that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range without cooperative management or removal of threats, and is listed by the state or federal government as a threatened species.

“Stockpiling of materials” means the accumulation and storage of raw materials, equipment, apparatus and/or supplies by an individual, business or organization. Stockpiling of materials as a primary use activity is subject to all applicable shoreline permits. Stockpiling of materials as a secondary use activity pursuant to a valid shoreline permit is considered a permitted use activity.

“Stream corridor” means perennial, intermittent or ephemeral waters included within a channel of land, and its adjacent riparian zones, which serve as a transitional zone between the aquatic and terrestrial upland ecosystems.

“Streams” means those areas where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes but is not limited to bedrock channels, gravel beds, sand and silt beds and defined channel swales. The channel or bed need not contain water year-round.

“Swamp” means wetlands where the dominant vegetation is composed of woody plants and trees.

“Temporary erosion control” means on-site and off-site control measures that are needed to control conveyance or deposition of earth, turbidity, or pollutants during development, construction, or restoration.

“Transitional zones” means an area of land adjacent to a sensitive ecosystem which serves as an integral component of that ecosystem and can help to minimize or reduce the impacts to the ecosystem.

“Unavoidable and necessary impacts” means impacts to regulated streams or wetlands and their associated buffer zones that will remain after it has been demonstrated that no practicable alternatives exist.

“Underground utilities” means services which produce and carry electric power, gas, sewage, communications, oil, water and storm drains below the surface of the ground.

“Upland” means landward of the ordinary high water mark.

“Utility line” means pipe, conduit, cable or other similar facility by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to, water supply, electric power, gas, communications and sanitary sewers.

“Vadose zone” means the zone between land surface and the water table within which the moisture content is less than saturation (except in the capillary fringe) and pressure is less than atmospheric.

“Volcanic hazard areas” are areas that are subject to pyroclastic flows, lava flows, debris avalanche, or inundation by debris flows, mudflows, or related flooding resulting from volcanic activity.

“Vulnerability” means the combined effect of susceptibility to contamination and the presence of potential contaminants.

“Water-dependent activity” means activity or use that requires the use of surface water to fulfill the basic purpose of the proposed project.

“Water-dependent use” means a use which cannot logically exist in any other location but on the shoreline and is dependent on the water by reason of the intrinsic nature of its operation. Examples would include, but not be limited to, the following:

A. Marinas and boat launch facilities;

B. Dockside fishing facilities;

C. Moorage facilities – permanent/transient.

“Water-related use” means a use which is not intrinsically dependent on a waterfront location but whose location on or near the waterfront will either facilitate its operation or will provide increased opportunity for general public use and enjoyment of shorelines and shoreline areas. Examples would include, but not be limited to, the following:

A. Commercial. Other commercial uses which provide increased opportunity for general public use and enjoyment of shorelines and shoreline areas.

B. Marine Recreation.

1. View and observation areas;

2. Trails and pathways;

3. Clubhouses, meeting areas and related uses.

C. Marine-related educational or scientific uses.

“Water table” means that surface in an unconfined aquifer at which the pressure is atmospheric. It is defined by the levels at which water stands in wells that penetrate the aquifer just far enough to hold standing water.

“Watercourse” means any portion of a channel, bed, bank, or bottom waterward of the ordinary high water line of waters of the state including areas in which fish may spawn, reside, or through which they may pass, and tributary waters with defined beds or banks, which influence the quality of fish habitat downstream. This includes watercourses that flow on an intermittent basis or which fluctuate in level during the year and applies to the entire bed of such watercourse, whether or not the water is at peak level. This definition does not include irrigation ditches, canals, storm water run-off devices, or other entirely artificial watercourses, except where they exist in a natural watercourse that has been altered by humans.

“Well” means a bored, drilled or driven shaft, or a dug hole whose depth is greater than the largest surface dimension for the purpose of withdrawing or injecting water or other liquids.

“Wellhead protection area (WHPA)” means the portion of a zone of contribution for a well, wellfield or spring, as defined using criteria established by the State Department of Ecology.

“Wetland edge” means the boundary of a wetland as delineated based on the definitions contained in this chapter. “Wetland edge” also means a line dividing uplands from water habitat. The line can be identified through procedures in the 1987 Federal Manual for Identifying and Delineating Jurisdictional Wetlands by examining the presence or absence of aquatic plants (hydrophytes), hydric soils and/or water table at or near the surface.

“Wetlands” are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. For identifying and delineating a wetland, local government shall use the Washington State Wetland Identification and Delineation Manual.

Wetlands.

A. “Regulatory wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include small lakes, ponds, streams, swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including but not limited to irrigation and drainage ditches, grass-lined swales, canals, detention facilities, farm ponds and landscape amenities if routinely maintained for those purposes. The applicant shall bear the burden of proving that the site was not previously wetlands. However, wetlands do include those artificial wetlands intentionally created to mitigate conversion of wetlands.

B. For inventory, incentives and nonregulatory purposes, wetlands are those lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For the purposes of this definition, wetlands must have one or more of the following attributes:

1. At least periodically, the land supports predominantly hydrophytes;

2. The substrate is predominately un-drained hydric soil; or

3. The substrate is nonsoil, is saturated with water, or covered by shallow water at some time during the growing season of the year.

“Wetlands biologist” means a person who has earned a degree in biological sciences from an accredited college or university and has demonstrated experience in delineating wetland boundaries, analyzing wetland functions and values, and has experience in developing wetland mitigation plans. A professional person who has had equivalent education and training or with equivalent experience may also qualify as a wetlands biologist for the purpose of performing wetland delineations, analysis of functions and values and determination of possible mitigation subject to the approval of the land use administrator.

“Zone of contribution” means the area surrounding a well or spring that encompasses all areas or features that supply ground water recharge to the well or spring. (Ord. 1671 § 4, 2006).

Chapter 18.08
PERMITS³

Sections:

18.08.010 Agreement or performance bond required when.

18.08.020 Chapter compliance required for action authorization.

18.08.030 Supplemental impact statement required when.

18.08.010 Agreement or performance bond required when.

If the city council finds that a need exists to guarantee environmental protection which can be served by requiring an agreement and/or bond as provided for in this section, the city council may require that as a condition precedent to the issuance of any developmental permit or the exercise of the city’s legislative authority in response to the application the applicant either submit and execute an agreement governing the development, maintenance and operation of the project (which agreement shall be recorded at the applicant’s expense and shall constitute a covenant running with the land), or deliver and maintain in full force and effect for such duration as the council requires a performance bond in such form and amount as the council deems sufficient, or both. (Ord. 1405 § 3, 1999).

18.08.020 Chapter compliance required for action authorization.

No permit, license or variance authorizing any proposed action shall be issued or granted until procedures required by this chapter have been completed. (Ord. 1405 § 3, 1999).

18.08.030 Supplemental impact statement required when.

If, following the preparation, filing and review of draft and final environmental impact statements with respect to any proposed action, the completion of the action affects the environment, which change or changes were not anticipated and addressed in the impact statements, the city administrator shall require, before issuance of any additional permits, variances or licenses respecting the action, preparation, filing and review of a supplement to the draft and final environmental impact statements, which supplement shall be addressed to the effects of the proposed change or changes, and alternatives thereto, on the environment, and shall be processed in the manner required for processing draft and final environmental impact statements. (Ord. 1405 § 3, 1999).

Chapter 18.12
SHORELINE MASTER PROGRAM

Sections:

18.12.005 Adoption.

18.12.010 Purpose.

18.12.020 Program administrator.

18.12.030 Board of adjustment.

18.12.040 City council.

18.12.050 County tax assessor.

18.12.060 Applicability to substantial development permits.

18.12.070 Exemptions.

18.12.080 Statement of exemption.

18.12.090 Fees.

18.12.100 Permit application.

18.12.110 Permit process.

18.12.120 Action by board of adjustment.

18.12.130 Washington State Department of Ecology review.

18.12.140 Duration of permits.

18.12.150 Revision of permits.

18.12.160 Local appeals.

18.12.170 Appeal to State Shorelines Hearings Board.

18.12.180 Shoreline variances and conditional uses permits.

18.12.190 Unclassified uses.

18.12.195 DOE review.

18.12.200 Nonconforming buildings and uses.

18.12.210 Enforcement and penalties.

18.12.220 Development and building permits.

18.12.230 Master program review.

18.12.240 Amendments to master program.

18.12.005 Adoption.

The city of Milton shoreline master program, dated November 6, 1995, is adopted by reference as though set forth herein in full. (Ord. 1290 § 3, 1996).

18.12.010 Purpose.

There is hereby established an administrative system designed to assign responsibilities

for implementation of the master program and shoreline permit review, to prescribe an orderly process by which to review proposals and permit applications, and to ensure that all persons affected by this master program are treated in a fair and equitable manner. “Master program” as used in this chapter refers to the shoreline master program adopted at MMC 18.12.005. “Act” as used herein refers to the “Shoreline Management Act”, Chapter 90.58 RCW. (Ord. 1290 § 4,1996).

18.12.020 Program administrator.

A. The planning and community development director or designee, hereinafter known as the administrator, is vested with:

1. Overall administrative responsibility of this master program;

2. Authority to approve, approve with conditions or deny shoreline substantial development permits and permit revisions in accordance with the policies and provisions of this master program;

3. Authority to grant statements of exemption from shoreline substantial development permit.

B. The duties and responsibilities of the administrator shall include:

1. Establishing the procedures and preparing forms deemed essential for the administration of this program;

2. Making administrative decisions and interpretations of the policies and regulations of this program and the Shoreline Management Act;

3. Collecting applicable fees;

4. Determining that all applicable applications and necessary information and materials are provided;

5. Making site inspections;

6. Determining if a shoreline substantial development permit is required;

7. Conducting a thorough review and analysis of shoreline substantial development applications, and approving, approving with conditions, or denying such permit applications;

8. Submitting reports and/or testimony to the board of adjustment (board) in response to an application submission, a variance or conditional use permit for their consideration and official action;

9. Assuring that proper notice is given to appropriate persons and the public for all procedures before the administrator;

10. Posting the notice of permit applications in a conspicuous manner on the project site, pursuant to MMC Title 17;

11. Proposing amendments to this program as deemed necessary to more effectively and equitably achieve its goals and policies;

12. Coordination of information as appropriate with affected agencies;

13. Representing the city’s position in proceedings before the board of adjustment. (Ord. 1663 § 32, 2006; Ord. 1484 § 9, 2001; Ord. 1290 § 4, 1996).

18.12.030 Board of adjustment.

A. The board of adjustment, hereinafter known as the board, is vested with authority to:

1. Approve, approve with conditions, or deny shoreline variance and shoreline conditional use permits; provided, that any decisions on this matter made by the board may be further appealed to the State Shoreline Hearings Board as provided for in the Act;

2. Decide local administrative appeals of decisions of the administrator.

B. The duties and responsibilities of the board shall include:

1. As authorized in MMC Title 17, the board shall review and consider shoreline variance and shoreline conditional use permits, and administrative appeals of the administrator’s actions;

2. Approval, approval with conditions, or denial of shoreline variance and conditional use permits;

3. Conducting hearings on appeals of the administrator’s decisions;

4. Basing all decisions on shoreline permits or administrative appeals on the criteria established in this master program;

5. At the discretion of the board, requiring any applicant granted a shoreline permit to post a bond or other acceptable security with the city conditioned to assure that the applicant and/or his successors in interest shall adhere to the approved plans and all conditions attached to the shoreline permit. Such bonds or securities shall have a face value of at least 150 percent of the estimated development cost including attached conditions. Such bonds or securities shall be approved as to form by the city attorney. (Ord. 1290 § 4, 1996).

18.12.040 City council.

The city council shall have the authority in its discretion to approve any revisions or amendments to the master program in accordance with the requirements of t1ie Act and related WACs. Proposed revisions or amendments may be submitted by any interested party. To become effective any amendments to the program must be reviewed and approved by the Department of Ecology, pursuant to RCW 90.58.190 and Chapter 173-19 WAC. The city council will approve any revisions or amendments to the master program in accordance with the requirements of the Act and related WACs. (Ord. 1290 § 4, 1996).

18.12.050 County tax assessor.

As provided for in RCW 90.58.290, the restrictions imposed upon the use of real property through the implementation of the policies and regulations of the Act and this master program shall be duly considered by the county assessor and the county board of equalization in establishing the fair market value of such properties. (Ord. 1290 § 4, 1996).

18.12.060 Applicability to substantial development permits.

Any person wishing to undertake substantial development or exempt development on shorelines shall apply to the administrator for a shoreline substantial development permit (SDP) or a statement of exemption.

Whenever a development falls within the exemption criteria outlined below and the development is subject to a U.S. Army Corps of Engineers Section 10 or Section 404 permit, the administrator shall prepare a statement of exemption and transmit a copy to the applicant and the Washington State Department of Ecology. Exempt development as defined herein shall not require a substantial development permit, but may require a conditional use permit, variance, and/or a statement of exemption (WAC 173-14-115).

Before determining that a proposal is exempt, the administrator may conduct a site inspection to ensure that the proposal meets the exemption criteria. The exemption granted may be conditioned to ensure that the activity is consistent with the master program and the Shoreline Management Act. (Ord. 1290 § 4, 1996).

18.12.070 Exemptions.

“Substantial development” shall mean any development of which the total cost or fair market value exceeds $1,000, or any development which materially interferes with the normal public use of the water or shorelines of the state; except that the following shall not be considered substantial developments for the purpose of this chapter (RCW 90.58.030 (3)(e)):

A. Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements;

B. Construction of the normal protective bulkhead common to single-family residences;

C. Emergency construction necessary to protect property from damage by the elements;

D. Construction and practices normal or necessary for farming irrigation, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures. A feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation shall not be considered normal or necessary farming activities;

E. Construction or modification of navigational aids such as channel markers and anchor buoys;

F. Construction on shorelands by an owner, lessee, or contract purchaser of a single-family residence for his own use, 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 chapter;

G. 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 a singlefamily or multifamily residence;

H. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that 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;

I. 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;

J. 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;

K. Any activity which is carried out for the immediate benefit of protecting the public health or welfare shall be exempt.

Note: Exemption from substantial development permit requirements does not constitute exemption from the policies and use regulations of the Shoreline Management Act, the provisions of this master program, and other applicable city, state or federal permit requirements. (Ord. 1290 § 4,1996).

18.12.080 Statement of exemption.

Applicants for all nonshoreline permits or approvals within the shoreline area may be required (pursuant to WAC 173-14-115) to obtain a written “statement of exemption”: From securing a substantial development permit. This process verifies that the action is exempt and offers an applicant an itemization of master program and other requirements applicable to the proposed project. In the case of development subject to the policies and regulations of this master program but exempt from the substantial development permit process, the building official or other permit authorizing official shall attach shoreline management terms and conditions to the building permits and approval pursuant to RCW 90.58.140. For example, the approval of a building permit for a single-family residence can be conditioned with provisions from the master program. Other permit approvals may be conditioned on the basis of the master program policy and use regulations as well. (Ord. 1290 § 4, 1996).

18.12.090 Fees.

A filing fee or fees in an amount established at MMC 3.48.010 shall be paid to the city at the time of application. (Ord. 1290 § 4, 1996).

18.12.100 Permit application.

The administrator shall provide the necessary application forms for shoreline substantial development, conditional use and variance permits. Pursuant to WAC 173-14-110, the applicant shall provide, at a minimum, the following information:

A. Site plan drawn to scale and including:

1. Site boundary, property dimensions in vicinity of project, ordinary high water mark, wetlands, and surface drainage;

2. Typical cross section or sections showing existing and proposed ground elevation, and height of existing and proposed structures;

3. Where appropriate, proposed land contours using five-foot intervals in water area and 10-foot intervals on areas landward of the OHWM, if development involves grading, cutting, filling, or other alteration of land contours;

4. Show dimensions and locations of existing and proposed structures, vegetation, parking, and landscaping;

5. Identify source, composition, and volume of fill and extracted materials, and identify proposed disposal areas;

6. Location of proposed utilities and if development proposes septic tanks, they must comply with local and state health regulations;

7. Shoreline designation according to the master program; and

8. Complete application and documents for all shoreline permits shall be submitted to the administrator for processing and review. Any deficiencies in the application or documents shall be corrected by the applicant prior to further processing or assigning of a filing date. (Ord. 1290 § 4, 1996).

18.12.110 Permit process.

A. Notices and Scheduling of Hearings. When a complete application and associated information have been received by the administrator, the administrator shall cause a notice to be posted in a conspicuous manner on the property upon which the project is to be constructed in accordance with WAC 173-14-070. The administrator shall also be responsible for delivering legal notice to the public within the area in which the development is proposed. Advertising costs will be the responsibility of the applicant, and will be included in the permit fee. Further, the burden of proving that a proposed development is consistent with the approval criteria and master program policies and regulations shall be the applicant’s.

The applicant shall be responsible for applying for a variance or conditional use permit. The board shall schedule a public hearing before the board in the case of a conditional use or variance permit. No public hearing is required for shoreline substantial development permits although the board may opt to hold a public hearing. For the purpose of scheduling a public hearing, the date of submittal of a complete application shall be considered the date of application. Any interested person may submit his/her written views upon the application to the city within 30 days of application or notify the city of his/her desire to receive a copy of the action taken upon the application. All persons who so submit their views shall be notified in a timely manner of the action taken upon the application.

B. Application Review – Administrator Action. The administrator shall make recommendation in the case of variance and conditional use permits and decisions in the case of substantial development permits, based upon the laws, policies and procedures of the Act, related WACs as amended, and this master program as amended.

C. Public Hearings. One public hearing shall be held by the board regarding application for permits where the administrator or the board determines that the proposed development is one of public significance and/or would have a significant impact upon the shoreline environment.

The board shall review an application for a permit based upon the application, applicable SEPA documents (if required), evidence presented at the public hearing, written or oral comments from interested persons, and the findings, conclusions and recommendations of the administrator. (Ord. 1290 § 4, 1996).

18.12.120 Action by board of adjustment.

The board shall either approve, conditionally approve, or deny the application. The board shall review the permit application at the first regularly scheduled public hearing of the board following transmittal of the administrator’s recommendation.

The board shall review the application and make decisions regarding permits based upon the master program, policies and procedures of Chapter 90.58 RCW, the Shoreline Management Act and its supporting WACs, written and oral comments from interested persons, and the comments and findings of the administrator.

A written notice of the public hearing at which the board considers the application shall be mailed or delivered to the applicant and all interested parties of record a minimum of five days prior to hearing.

The decisions of the board shall be the final decision of the city on all applications and the city shall render a written decision including findings, conclusions, and a final order, and transmit copies of the decision within five days of the board’s final decision to the applicant, State Department of Ecology, Attorney General, and interested parties of record. (Ord. 1290 § 4, 1996).

18.12.130 Washington State Department of Ecology review.

Development pursuant to a shoreline permit shall not begin and is not authorized until 21 days from the date the administrator files the approved permit with the Department of Ecology and the Attorney General in the case of a substantial development permit, or up to 42 days in the case of a variance or conditional use permit; provided all review and appeal proceedings initiated within 21 days of the date of such filing of a substantial development permit or 21 days of final approval bit the Department of Ecology for a conditional use permit or variance have been terminated. (Ord. 1290 § 4, 1996).

18.12.140 Duration of permits.

The city may issue permits with termination dates of up to five years. If a permit does not specify a termination date, the following requirements apply, consistent with WAC 173-14-060:

A. Time Limit for Substantial Progress. Construction, or substantial progress toward completion, must begin within two years after approval of the permits.

B. Extension for Substantial Progress. The city may at its discretion, with prior notice to parties of record and the Department, extend the two-year time period for the substantial progress for a reasonable time up to one year based on factors including the inability to expeditiously obtain other governmental permits which are required prior to the commencement of construction.

C. Five-Year Permit Authorization. If construction has not been completed within five years of approval, the city will review the permit and, upon showing of good cause, will either extend the permit for one-year or terminate the permit. Only one single-year extension is permitted. (Ord. 1290 § 4, 1996).

18.12.150 Revision of permits.

When an applicant desires to revise a permit, the applicant must submit detailed plans and text describing the proposed changes. If the administrator determines that the revisions proposed are within the scope and intent of the original permit, consistent with WAC 173-14-064, the administrator may approve the revision. “Within scope and intent of the original permit” means all of the following:

A. No additional over-water construction is involved, except that pier, dock or float construction may be increased by 500 square feet or ten percent, whichever is less;

B. Ground area coverage and height is not increased more than 10 percent;

C. Additional structures do not exceed a total of 250 square feet;

D. The revision does not authorize development to exceed height, setback, lot coverage, or any other requirement of this master program;

E. Additional landscaping is consistent with conditions (if any) attached to the original permit;

F. The use authorized pursuant to the original permit is not changed; and

G. No substantial adverse environmental impact will be caused by the project revision.

If the sum of the proposed revision and any previously approved revisions do not meet the criteria above, an application for a new shoreline permit must be submitted. If the revision involves a conditional use or variance which was conditioned by the Department of Ecology, the revision also must be reviewed and approved by the Department of Ecology (see WAC 173-14-064).

A city or department decision on revision to the permit may be appealed to the Shorelines Hearings Board within 30 days of such decision, in accordance with RCW 90.58.180 and WAC 173-14-064.

Construction allowed by the revised permit that is not authorized under the original permit is undertaken at the applicant’s own risk until the expiration of the appeals deadline. (Ord. 1290 § 4, 1996).

18.12.160 Local appeals.

Any decision made by the administrator on a substantial development permit, master program policy or regulation interpretation, permit revision, or other action within the purview and responsibility of the administrator, may be appealed by the applicant, private or public organization, or individual to the board within five regular city business days following the issuance of a written decision by the administrator. Such appeals shall be initiated by filing with the city clerk a notice of appeal setting forth the action being appealed and the principal points upon which the appeal is based, together with a filing fee as prescribed by MMC 13.14.010.

The board shall hear the appeal at its next regularly scheduled public meeting, or as soon thereafter as is feasible. The board, using the applicable decision making criteria established in the master program, shall affirm, modify, or reverse the decision making criteria established in the master program. The deci