HomeMy WebLinkAbout076 96RESOLUTION NO. 76~96
ADOPTION OF A REVISED
JEFFERSON COUNTY
SHORELINE MANAGEMENT MASTER PROGRAM
WHEREAS, the Washington State Shoreline Management Act of 1971
(Chapter 90.58, Revised Code of Washington) requires that
counties and cities incur certain duties, obligations, and
responsibilities with regard to implementation of said act and
WHEREAS, Jefferson County has performed the necessary
prerequisites for the establishment of a shoreline master
program; and
WHEREAS, a Jefferson County Shoreline Management Program has been
approved by the State of Washington pursuant to Chapter 90.58 RCW
in 1974; and
WHEREAS, the Jefferson County Shoreline Management Advisory
Commission has developed, reviewed, and recommended adoption of
amendments to the Jefferson County Shoreline Management Master
Program; and
WHEREAS, said amended shoreline management master program has
been developed in accordance with the provisions of Chapter 90.58
RCW and Chapter 173-16 WAC; and
WHEREAS, the Jefferson County Board of Commissioners finds said
amendments further the provisions of Chapter 90.58 RCW and is in
the interest of the citizens of Jefferson County.
NOW, THEREFORE, BE IT RESOLVED that the amended Jefferson County
Shoreline management Master Program is hereby approved and
adopted; and
BE IT FURTHER RESOLVED that this amended shoreline management
master program will rescind and supersede the Jefferson County
Shoreline management master program dated December 7, 1992 upon
approval and adoption of the amendments by the State of
Washington.
APPROVED AND ADOPTED this ~ day of August, 1996 by the
Jefferson County Board of Commissioners.
SEAL:
Lorna Delaney, ~
Clerk of the Board
~" "~k .... [~t, Chairm~n
:i_nton, Member
JEFFERSON ............. COUNTY PERMIT CENTER
621 Sheridan Street, Port Townsend, WA 98368
Shoreline Management Master Program Amendments
August 29, 1996
In adopting RESOLUTION NO. ~ amending the Jefferson County
Shoreline Management Master Program, the Jefferson County Board of
Commissioners makes the following findings:
The current edition of the Jefferson Shoreline Management Master
Program, adopted in 1989, was last amended in 1992.
On January 11, 1995, the Jefferson County Board of Commissioners
directed the Jefferson County Shoreline Management Advisory
Commission to develop amendments to the Shoreline Master
Program for consideration by the Board of County Commissioners
regarding Section 5.60, Docks, Piers and Floats.
In developing these amendments, Jefferson County has considered
information contained in the following:
a. Washington State Shorelines Management Act 90.58 RCW,
b. Washington Administrative Code Chapter 173-16 Shoreline
Management Act Guidelines for Development of Master Programs,
c. "Best Management Practices for the Use of Treated Wood in
Aquatic Environments," Wood Preservers Institute, 1995.
The Shoreline Management Advisory Commission held several
workshops on January 18, February 15, March 15, and April 15, 1995,
to develop recommended amendments to Master Program Section
5.60 Docks, Piers and Floats.
A public hearing was held by the Jefferson County Shoreline Manage-
ment Advisory Commission on May 24, 1995, to take public testimony
on the draft amendments. Notice of the public hearing was made by
publishing legal notices in the Port Townsend-Jefferson County
Leader.
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On July 19, 1995, after studying information regarding limitations on
length and siting of docks, piers and floats; writing draft amendments
to the Shoreline Master Program Section 5.60 Docks, Piers and Floats;
holding public workshops and hearings; and revising the draft based
on written and oral testimony; the shoreline Management Advisory
Commission by a majority vote of the membership presented to the
Jefferson County Board of Commissioners their recommendations for
amendments to the Shoreline Master Program.
On August 5, 1996, the Jefferson County Board of Commissioners held
a public hearing to receive a staff briefing and to take public testimony
on the amendments recommended by the Shoreline Commission.
Notice of the public hearing was made by publishing a legal notice
on July 24, 1996, in the Port Townsend-Jefferson County Leader.
The amendments have been reviewed in accordance with the Wash-
ington State Environmental Policy Act (WAC 197-11) by Jefferson
County as lead agency. A Preliminary Determination of Non-
Significance (DNS) was issued on June 19, 1996. The Determination
states that the anticipated environmental impacts were adequately
addressed in the environmental checklist and that the preparation
of an Environmental Impact Statement was not necessary. After
review of comments received on the preliminary DNS, Jefferson
County issued a final DNS on July 24, 1996.
The proposed amendments further the purposes of the policies of the
Washington State Shoreline Management Act and the Jefferson County
Shoreline Management Master Program and are necessary to protect
the shoreline environment.
The proposed amendments were developed in accordance with the
provisions of the Washington State Shoreline Management Act RCW
90.58 and WAC 197-14.
MEMORANDUM
Date.'. August 21, 1996
To:
Board of Commissioners
From:
Monica Macguire, Permit Coordinator
Subject:
Staff report and recommendation for adoption of amendments to Jefferson County
Shoreline Management Master Program
Proponent: Jefferson County
Proposal:
The primary purpose is to amend the Shoreline Management Master Program Section 5.60,
Docks, Piers and Floats, in particular to amend Performance Standard 13b as directed by the
Board of County Commissioners t make it less restrictive.
Project Location:
The Shoreline Master program affects all aquatic areas and upland properties within the shoreline
jurisdiction, the shoreline jurisdiction includes all marine waters and intertidal areas, lakes over
20 acres, streams with more than 20 cubic feet per minute mean annual flow, the upland area
within 200 feet of the ordinary high water mark of those water bodies, and their associated
wetlands.
Application:
Case # ENV96-0002 with an environmental checklist was prepared and reviewed by the permit
Center. The notice of Application and Pending Threshold Determination was published on June
19, 1996. Comments were received and noted. A threshold Determination of Non-Significance
was issued on July 24, 1996. A Notice of Hearing by the Board of Commissioners was
published on July 24, 1996. The hearing was held on August 5, 1996.
Comments:
Comments were received from Phil Andrus regarding clarification of wording in Performance
Standards 1, 3, 8, and 18. and Prohibited Uses and Activities.
Response:
The language changes suggested by Mr. Andrus for Performance Standards 1, 3, 8, and 18 has
been added as final revisions to the amendments to Docks, Piers and Flats Section 5.60. The staff
finds these revisions to be minor, retain the original intent of the standard, conform in general to
the previous comments from Departments of Ecology and Fish and Wildlife and clarify the
language.
The Prohibited Uses and Activities section was revised at the request of the Department of
Ecology to read as complete s6ntences. While this is inconsistent with the other sections of the
Master Program as discussed in Mr. Andrus' s letter, staff feels that the revised language
provides clarification and avoids confusion. Staff recommends retaining the section as revised in
the July 24, 1996 version.
Comment:
In a telephone conversation with Randy Davis of the Department of Ecology on August 13,
1996, it was agreed that the definition of"fetch" in the proposed amendments was substantially
the same as the term "fetch length" in the Glossary to the Shorelines Administrator's Manual,
1994 Edition.
Response:
The term "fetch" has been added to Definitions, Section 2.
Comment:
The Department of Transportation submitted a response marked "No Comment".
Recommendations:
Staff finds that the referenced proposal has addressed all substantial and relevant comments and
recommends adoption of the Jefferson County Shoreline Management Master Program as
revised.
JEFFERSON COUNTY SHORELINE MANAGEMENT MASTER PROGRAM
DRAFT AMENDMENTS DEVELOPED BY SHORELINE MANAGEMENT ADVISORY COMMISSION IN
WORKSHOPS ON JANUARY 18, FEBRUARY 15, AND MARCH 15, APRIL 18, 1995The proposal
reflects revisions made after the Preliminary Threshold Determination comment
period ended on July 5, 1996. and following the Board of County Commissioners
hearing on August 5, 1996 and the public comment period ended on August 12, 1996
SECTION 5.60 DOCKS, PIERS AND FLOATS Definitions
Docks are fixed structures floating upon water bodies, secured to piers or to the
shoreline. Piers are fixed, pile-supported structures secured to the shoreline.
Floats are floating structures that are moored, anchored, or otherwise secured in
the water but are not connected to the shoreline. Boat houses are covered
structures used for the storage or moorage of watercraft [Add to Section 2
Definitions]. Fetch is defined as the distance of open wateL over which the wind
blows, especially in the predominant direction of storms. [Add to Section 2
Definitions]. Marinas are regulated under Subsection 5.110 Marinas. Mooring
buoys are regulated under Subsection 5.130, Mooring Buoys. Floating structures
associated with aquaculture projects are evaluated under Subsection 5.30
Aquaculture.
Prohibited Uses and Activities
It is prohibited for docks, piers, floats, and boat houses to be used for
overwater residential use.
Docks, piers, and floats are prohibited on streams and rivers, except they
may be allowed as a conditional use for water-dependent uses.
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Covered moorage or boat houses over water are prohibited except within
marinas.
Fill waterward of the ordinary high water mark or within a marsh, bog or
swamp to accommodate a dock, pier, or float is prohibited
Docks, piers, and floats are prohibited in the Natural designation, 'except
they may be allowed as a conditional use to serve public access,
interpretative, or observation areas.
Private, noncommercial docks and piers are prohibited to extend waterward
more than 15% of the water body width where boat navigation would be
restricted, measured at high water to the closest opposite shore
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Policies
The type, design, and location of docks, piers, floats, and boat houses
should be compatible with the shoreline area where they are located.
Consideration should be given to shoreline characteristics, shoreline
resources and processes, wind and wave action, tidal action, aesthetics, and
adjacent land and water uses.
In order to reduce the proliferation of structures on the shoreline, mooring
buoys are preferred over docks, piers, and floats. Joint-use docks, piers,
and floats, whether new construction or expansion of existing facilities,
are encouraged over private, single-user docks, piers, and floats.
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The siting of docks, piers, and floats should be discouraged at locations
where critical physical limitations exist, such as: gently-sloping bottoms;
high wind, with fetch over one mile; wave or current exposure; high littoral
drift; unstable and/or feeder bluffs; or very narrow bays. Examples of
favorable locations include, but are not limited to Mystery Bay, Mats Mats,
Port Ludlow, and Pleasant Harbor.
Docks, piers, floats, and boat houses should be designed and maintained to
avoid adverse impacts to the environment and to shoreline aesthetics, and to
minimize interference with the public use of the water and private use of
private property.
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Docks, piers, boat ho~ses, and floats should be maintained to provide a
reasonable level of safety to users.
Dock, pier, and float projects are encouraged to provide for public access,
docking and use.
Performance Standards
The operator of an occupied vessel staying longer than three days at any
facility shall provide proof that they can utilizer sewage pumpout services
in the immediate vicinity.
The design, location, and construction of docks, piers, and floats, as well
as their subsequent use,. shall avoid adverse effects on fish, shellfish,
wildlife, marine vegetation, water quality, and geohydraulic Processes.
Construction methods shall minimize the use of materials hazardous to the
environment
Ail lumber and other materials treated with preservative shall be
sufficiently cured to minimize leaching into the water or shore bed, in
accordance with the Best Management Practices approved by the Washington
Department of Fish and Wildlife. Where feasible, a method of wood
preservation with relatively lower toxicity shall be used in the
construction of docks, piers and floats. In addition, when replacing or
removing treated wood from the aquatic environment, it shall be placed
upland such that it cannot reenter the waters of the state.
Docks, piers, floats, and boat houses shall be designed and constructed to
minimize hazards to users and to be capable of withstanding the historic
extremes of wind, wave, and tides at_their location.
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Docks, piers, and floats shall be located, designed, and operated to
minimize interference with the public Use of the_water and private use of
private property. Floats and docks on lakes shall be preferred over piers.
Railings, if provided, shall be of clear or open framework design and
conform to the Uniform Building Code where required.
Utility service on docks and piers shall be placed on or under the deck.
Overhead utility service is prohibited. Lighting shall be shielded to
prevent unnecessary glare off-site and to_minimize hazards to navigation.
Overhead lighting for recreational structures shall be prohibited.
New subdivisions with shoreline frontage shall make provision~ for the
establishment of ~one or more joint-use moorage facilities if moorage
facilities are feasible at the proposed location
An applicant for a new or expanded private recreational dock and/or pier
shall provide for joint use with the owners of immediately adjacent
shoreline properties, unless the applicant establishes that joint use is not
feasible. Such joint use shall be defined by a mutually accepted and legally
enforceable joint use agreement that shall address, at minimum the
following: (1) apportionment of construction and maintenance expenses, (2)
easements and liability agreements, and (3) use restrictions. Prior to
construction, the applicant shall provide documentation to Jefferson County
demonstrating that the owners of the adjoining shoreline properties have
been notified of this requirement.
10.
Docks, piers, and floats shall be prohibited on streams and rivers, except
for water-dependent uses. Such a facility shall be the minimum necessary
for the purpose and shall be removed at the termination of the use.
11.
Setbacks for accessory developments shall be as specified under Section
4.105 Urban, Section 5.50 Commercial Development, and Section 5.160
Residential Development.
12.
Docks, piers, and floats shall be marked as necessary to avoid hazardous
conditions for wate? surface users as specified by the U.S. Coast Guard.
13 .A.
Private, non-commercial piers and docks shall extend from shore no'farther
than necessary for the intended use. The allowed length of a structure
offshore from the ordinary high water mark shall be no' farther than the
distance necessary to reach 8.5 feet of water depth at mean low water tidal
elevation (about 5 feet water depth at extreme low tide) or 125 feet
perpendicular to the shoreline, whichever distance is less. For joint use
facilities of up to five moorages, the maximum length from shore shall be
increased 35 feet for one or two additional moorages provided, and an
additional 35 feet for three or four additional moorages,for a maximum
permitted length of 195 feet.
13.B"T", "L" or finger docks shall be used when it is possible to provide the
required moorage depth and spaces with less total dock length from the
shoreline.
13.CWhere there are existing docks and piers which exceed these length
requirements within 300 feet of both sides of the proposed site, the length
of the proposed structure may be as long as the average length of those
docks and piers. In those instances where an existing dock or pier which
exceeds these length requirements is within 300 feet of one side of the
proposed site, the length may be the average between the allowed length
specified in 13.A, above, and that of the adjacent structure.
14.Participation in joint use docks and piers shall be limited to lot owners in a
subdivision with water frontage (Performance Standard Number 8 )or owners of
waterfront property in close proximity to one another (Performance Standard
Number 13)
15.Docks and floats shall not extend more than three feet in height above the
water nor exceed eight feet in width. Piers shall be constructed to the
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minimum height necessary above historic extreme high tide and shall not
exceed eight feet in width.
16.
Piers shall utilize the minimum number of pilings necessary, favoring large
spans on fewer pilings over smaller spans on more pilings.
17.Total individual float area shall not exceed 160 square feet in size.
18.In areas of seasonal exposure to high wind and waves, docks and moored vessels
shall be moved to a protected location during that time of year when high
wind and waves are anticipated.
19.Docks and piers shall be setback a minimum of 10 feet from property lines
except for joint use docks and piers, which may be located adjacent to or
upon a property line when mutually agreed to by contract or covenant with
the owners of the adjoining property, a copy of which shall be filed with
the County Auditor and submitted with the shoreline permit application.
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