HomeMy WebLinkAbout3056Ordinance No. 30-5-6-
["Beginning
July 1, 1998"]
(Amending or Repealing Ordinances)
Repealed by Ord. 3458
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ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, adopting the City's amended
Shoreline Master Program as approved and
enacted by the Department of Ecology on June
16, 1992, establishing a new Title 11 to the
Kent City Code, and implementing the
Administrative and Enforcement sections of the
Shoreline Master Program as a new Chapter
11.04 of the Kent City Code.
WHEREAS, the Washington State Legislature has mandated
that the City of Kent develop a Shoreline Master Program pursuant
to the Shoreline Management Act, RCW 90.58 et sea.; and
WHEREAS, the Shoreline Management Act authorizes the
Department of Ecology to adopt, approve, amend, and adjust the
City's Shoreline Master Program; and
WHEREAS, the Department of Ecology adopted and approved
the City's Shoreline Master Program on April 9, 1974 and
subsequently approved revisions to the Program on December 8, 1978,
April 10, 1979, and December 10, 1980; and
WHEREAS, the City of Kent has
revision to its Shoreline Master Program
Ecology for review and approval; and
submitted a further
to the Department of
WHEREAS, after providing all required public notice and
;after conducting all required public hearings, the Department of
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Ecology has approved the City of Kent's latest revision to its
Shoreline Master Program; and
WHEREAS, the City's latest revision became effective,
under the Department of Ecology's rulemaking authority, on July 16,
1992, and officially codified as Section 173-19-2511 of the
Washington Administrative Code; and
WHEREAS, it is in the best interests of the City of Kent
and its citizens and landowners that the administrative and
enforcement sections of the City's Shoreline Master Program become
codified as part of the Kent City Code in order to more adequately
insure compliance with the City's current Shoreline Master Program
as approved and adopted by the Department of Ecology; NOW,
THEREFORE
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The City of Kent's amended Shoreline Master
Program, as enacted by the State of Washington Department of
Ecology in WAC 173-19-2511 is hereby adopted. A copy of the
amended Shoreline Master Program shall be filed with the City Clerk
and made available for public inspection.
Section 2. There shall be established a new Title Eleven
to the Kent City Code, which shall be entitled, "Environmental
Management."
reserved.
Section 3. Chapter 11.01 of the Kent City Code is hereby
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reserved.
reserved.
the Kent
Program":
Section 4. Chapter 11.02 of the Kent City Code is hereby
Section 4. Chapter 11.03 of the Kent City Code is hereby
Section 5. There is established a new Chapter 11.04 to
City Code, which shall be entitled, "Shoreline Master
11.04.020. ADMINISTRATION.
A. 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.
B. Substantial Development. Any person wishing to
undertake substantial development within the shoreline shall apply
to the Administrator for a shoreline substantial development j
permit.
1. Development is defined by RCW 90.58.030(d) to
mean a use consisting of the construction or exterior alteration of
structures; dredging; drilling; dumping; filling; removal of any
sand, gravel, or minerals; bulkheading; driving of piling; placing
of obstructions; or any project of a permanent or temporary nature
which interferes with the normal public use of the surface of the
waters overlying lands subject to the Shoreline Management Act
("Act") at any state of water level.
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2. Substantial development is any development of
which the total cost or fair market values exceeds two thousand
five hundred dollars ($2,500.00) or which materially interferes
with the normal public use of the water or shorelines of the state,
except for those developments listed in WAC 173-14-040.
C. Exemptions. Certain developments are exempt from
the requirement to obtain a substantial development permit. Such
developments may still require a variance or conditional use
permit, and all development within the shoreline is subject to the
requirements of the Shoreline Master Program, regardless of whether
a substantial development permit is required. Developments which
are exempt from requirement for a substantial development permit
are described at RCW 90.58.030(3)(e) and WAC 173-14-040. Whenever
a development is determined to be exempt from the requirement for
a substantial development permit and the development is subject to
a U.S. Army Corps of Engineers Section 10 or Section 404 Permit,
the Administrator shall prepare a Letter of Exemption in accordance
with WAC 173-14-115, and shall transmit a copy to the applicant and
the Washington State Department of Ecology.
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.
D. Permit Process.
1. Forms. The Administrator shall provide the
necessary application forms for shoreline substantial development,
variance and conditional use permits.
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2. Public notice. Upon receipt of a proper
application for a permit, the Administrator shall instruct the
applicant to publish notices thereof at least once a week on the
same day of the week for two consecutive weeks in a newspaper of
general circulation within the area in which the development is
proposed. An affidavit of publication shall be transmitted by the
applicant to the local government and affixed to the application.
In addition to publishing, the applicant will be required to
provide additional notice by one of the following methods: (1)
mailing notice to the latest recorded real property owners as shown
by the records of the county assessor within at least three hundred
feet of the boundary of the property upon which the substantial
development is proposed, (2) posting of the notice in a conspicuous
manner on the property upon which the project is to be constructed,
or (3) any other manner deemed appropriate by the Administrator to
accomplish the objectives of reasonable notice to adjacent
landowners and the public. All such notices shall include a
statement that within thirty days of the final publication of
notice, any interested person may submit his/her views upon the
application in writing to the Administrator or notify the
Administrator of his/her desire to receive a copy of the action
taken upon the application. All persons who notify the
Administrator of their desire to receive a copy of the final order
shall be notified in a timely manner of the action taken upon the
application.
3. Application review. The Administrator shall
make decisions on applications for substantial development permits,
and recommendations on applications for conditional use or variance
permits based upon: (1) the policies and procedures of the
Shoreline Management Act and related sections of the Washington
Administrative Code; and (2) the Kent Shoreline Master Program.
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4. Administrator action. The Administrator shall
make decisions on applications for substantial development permits.
All such decisions shall be in writing, and shall be issued no
sooner than 45 days from the time of the application.
5. Public hearings. The Administrator shall
schedule a public hearing before the Kent Hearing Examiner on an
application for a conditional use or variance permit. Notices of
the hearing shall include a statement that any person may submit
oral or written comments on the application at the hearing. The
minimum time from the date of application to the date of the
hearing is 45 days.
6. Hearing Examiner action. The Hearing Examiner
shall review an application for a permit and make decisions
regarding permits based upon: (1) the Kent Shoreline Master
Program; (2) the policies and procedures of the Shoreline
Management Act (ch. 90.58 RCW) and related sections of the
Washington Administrative Code; (3) written and oral comments from
interested persons; and (4) the comments and findings of the
Administrator. The Hearing Examiner will issue a written decision
within fourteen days from the date of the hearing.
7. State review. Within eight (8) days of the
issuance of the written decision, the Administrator shall transmit
copies of the action taken and the application materials to the
Washington State Department of Ecology and the State Attorney
General. The applicant shall also be notified of the action taken.
Where a substantial development permit and a conditional use or
variance permit are required for a development, the actions taken
on all permits will be filed concurrently with the Department of
Ecology and the State Attorney General. Conditional use or
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variance permits must be approved by the Department of Ecology
before they can become effective. The department shall transmit
its final decision on such permits within thirty days of the date
of submittal. Upon receipt of Ecology's decision, the
Administrator shall notify all persons having requested
notification of the decision.
8. Action on Permit. Development pursuant to a
permit shall not begin and is not authorized until thirty (30) days
from the date of filing the approved permit with the Department of
Ecology and the Attorney General, provided all review and appeal
proceedings initiated within 30 days of the date of such filing
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have been terminated. In the case of a variance or conditional use t
permit, the "date of filing" means the date the Department of
Ecology's final order on the permit is transmitted to the city.
9. Duration of permits. Permits may be issued
with termination dates of up to five years. Construction or
substantial progress toward completion must begin within two years
after approval of the permits. The Administrator may authorize a
single extension before the end of either of these time periods,
with prior notice to parties of record and the Department of
Ecology, for up to one year based on reasonable factors.
10. Compliance with permit conditions. When permit
approval is based on conditions, such conditions shall be satisfied
prior to occupancy or use of a structure or prior to commencement
of a nonstructural activity.
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E. Appeals.
1. Local appeals. Any decision made by the
Administrator on a substantial development permit, or by the
Hearing Examiner on a conditional use or variance permit may be
appealed by the applicant, private or public organization or
individual, to the City Council. Such appeal must be filed with
the City Clerk and the Administrator within ten days of the
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decision
beingappealed, and must be accompanied by the required
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filing fee.
2. Shoreline Hearings • After the local
appeals process has been exhausted, persons aggrieved by the grant,
denial, rescission or modification of a permit may file a request
for review by the Shoreline Hearings Board in accordance with the
review process established by RCW 90.58.180 and Ch. 173-14 WAC, and
with the regulations of the Shoreline Hearings Board contained in
Ch. 461-08 8 WAC. The request for review must be filed with the
Hearings Board within 30 days of the date of filing of the local'
permit decision with the Department of Ecology.
F. Variance Permits.
1. Purpose. The purpose of a variance permit is
strictly limited to granting relief from specific bulk, dimensional
or performance standards set forth in the Master Program, and where
there are extraordinary or unique circumstances relating to the
property such that the strict implementation of the Master Program
would impose unnecessary hardships on the applicant or thwart the
Shoreline Management Act policies as stated in RCW 90.58.020.
Construction pursuant to a variance permit shall not begin nor can
construction be authorized except as provided in RCW 90.58.020. In
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all instances, extraordinary circumstances shall be shown and the
public interest shall suffer no substantial detrimental effect.
2. Application. The application process for a
variance permit is described in section 11.04.020(D) above.
3. Criteria. Variance permits may be authorized
provided the applicant can demonstrate all of the following:
a. That the strict requirements of the bulk,
dimensional, or performance standards set forth in the Master
Program preclude or significantly interfere with a reasonable use
of the property not otherwise prohibited by the Master Program.
b. That the hardship described above is
specifically related to the property, and is the result of unique
conditions such as irregular lot shape, size or natural features
and the application of the Master Program, and not, for example,
from deed restrictions or the applicant's own actions.
C. That the design of the project will be
compatible with other permitted activities in the area and will not
cause adverse effects to adjacent properties or the shoreline
environment.
d. That the variance permit will not
constitute a grant of special privilege not enjoyed by the other
properties in the area, and will be the minimum necessary to afford
relief.
e. That the public interest will suffer no
substantial detrimental effect.
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f. Variance permits for development that will '
be located either waterward of the ordinary high water mark or
within marshes, bogs or swamps, as defined in this Master Program,
may be authorized only if the applicant can demonstrate items a -e
of this section, and: (1) that the strict application of the
standards set forth in this Master Program preclude a reasonable
permitted use of the property; and (2) the public rights of
navigation and use of the shorelines will not be adversely affected
by the granting of the variance.
g. In the granting of all variance permits,
consideration shall be given to the cumulative impact of additional
requests for like actions in the area. For example, if variances
were granted to other developments in the area where similar
circumstances exist, the total of the variances should also remain
consistent with the policies of ch. 90.58 RCW and should not
produce substantial adverse effects on the shoreline environment.
G. Conditional Use Permits.
1. Purpose. The purpose of a conditional use
permit is to allow greater flexibility in varying the application
of the use regulations of the master program in a manner consistent
with the policies of RCW 90.58.020; provided that, conditional use
permits should also be granted in a circumstance where denial of
the permit would result in a thwarting of the state policies listed
in RCW 90.58.020. In authorizing a conditional use, special
conditions may be attached to the permit by the City or the
Department of Ecology to prevent undesirable effects of the
proposed use. Uses which are specifically prohibited by the Master
Program may not be authorized with approval of a conditional use
permit.
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2. Application. The application process for a
conditional use permit is described in section 11.04.020(D) above.
3. Classification. Uses are classified as
conditional uses if they are (1) designated as such elsewhere in
this Master Program or (2) consistent with the underlying shoreline
environment designation in which proposed, but not classified as III
permitted uses in Section 6, Specific Shoreline Use Policies and
Performance Standards.
4. Criteria. Uses classified as conditional uses
may be authorized provided that the applicant can demonstrate all
of the following:
a. That the proposed use will be consistent
with the policies of P.CW 90.58.020 and the policies of the Kent
Master Program.
b. That the proposed use will not interfere
with the normal public use of public shorelines.
C. That the proposed use of the site and
design of the project will be compatible with other permitted uses
within the area.
d. That the proposed use will cause no
unreasonably adverse effects to the shoreline environment
designation in which it is to be located.
e. That the public interest suffers no
substantial detrimental effect.
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5. Other Impacts. In the granting of all
conditional use permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the
area. For example, if conditional use permits were granted to
other developments in the area where similar circumstances exist,
the total of the conditional uses should also remain consistent
with the policies of ch. 90.58 RCW and should not produce
substantial adverse effects on the shoreline environment.
6. Additional Authorization. Uses which are not
classified or set forth in the master program may be authorized as
conditional uses, provided the applicant can demonstrate, in
addition to the criteria set forth in section 11.04.020(G)(4)
above, that extraordinary circumstances preclude reasonable use of
the property in a manner consistent with the use regulations of the
program.
7. Certain Uses Prohibited. Uses which are
specifically prohibited by this program may not be authorized.
8. Cumulative Imoacts. In granting any
conditional use permit, consideration shall be given to the
cumulative impact of additional requests for like actions in the
area.
H. Nonconforming Development. Nonconforming
development shall be defined and regulated according to the
provisions of WAC 173-14-055.
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11.04.040. ENFORCEMENT.
A. Violations.
1. It is a violation of the Kent Shoreline Master
Program for any person to initiate or maintain or cause to be
initiated or maintained the use of any structure, land or property
within the shorelines of the City of Kent without first obtaining
the permits or authorizations required for the use by this Chapter.
2. It is a violation of this Chapter for any
person to use, construct, locate, or demolish any structure, land
or property within shorelines of the City of Kent in any manner
that is not permitted by the terms of any permit or authorization
issued pursuant to this Chapter, provided that the terms or
conditions are explicitly stated on the permit or the approved
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plans.
3. It is a violation of this Chapter to remove or `
deface any sign, notice, complaint or order required by or posted
lin accordance with this Chapter or Chapter 12.12A.
4. It is a violation of this Chapter to
misrepresent any material fact in any application, plans or other
information submitted to obtain any shoreline use or development
authorization.
5. It is a violation of this Chapter for anyone to
fail to comply with the requirements of this Chapter.
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B. Duty to Enforce.
1. It shall be the duty of the Administrator to
enforce this Chapter. The Administrator may call upon the police,
;fire, health or other appropriate City departments to assist in
enforcement.
2. Upon presentation of proper credentials, the
Administrator or duly authorized representative of the
Administrator may, with the consent of the owner or occupier of a
building or premises, or pursuant to a lawfully issued inspection
warrant, enter at reasonable times any building or premises subject
to the consent or warrant to perform the duties imposed by the
Shoreline Master Program or this Chapter.
3. The Shoreline Master Program shall be enforced
for the benefit of the health, safety and welfare of the general
public, and not for the benefit of any particular person or class
of persons.
4. It is the intent of the Shoreline Master
Program to place the obligation of complying with its requirements
upon the owner, occupier or other person responsible for the
condition of the land and buildings within the scope of this
Program.
5. No provision of or term used in the Program is
I ntended to impose any duty upon the City or any of its officers or
employees which would subject them to damages in a civil action.
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C. Investi ation and Notice of Violation.
1. The Administrator or his/her representative
shall investigate any structure, premises or use which the
Administrator reasonably believes does not comply with the
standards and requirements of the Shoreline Master Program.
2. If after investigation the Administrator
determines that the Program's standards or requirements have been
violated, the Administrator shall serve a Notice of Violation on
the owner, tenant or other person responsible for the condition.
The Notice of Violation shall provide:
a. A description of the specific nature,
extent and time of violation and the damage or potential damages;
and
b. A notice that the violation or the
potential violation must cease and desist or, in appropriate cases,
the specific corrective action to be taken within a given time; and
C. A notice that the required corrective
action shall include, if appropriate, but shall not be limited to,
mitigating measures such as restoration of the area and replacement
of damaged or destroyed trees.
3. The Notice shall be served upon the owner,
tenant or other person responsible for the condition by personal
service, registered mail, or certified mail with return receipt
requested, addressed to the last known address of such person. If,
after a reasonable search and reasonable efforts are made to obtain
service, the whereabouts of the person or persons is unknown or
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service cannot be accomplished and the Administrator makes an
affidavit to that effect, then service of the Notice upon such
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person or persons may be made by:
a. Publishing the Notice once each week for
two (2) consecutive weeks in the City's official Newspaper; and
b. Mailing a copy of the Notice to each
person named on the notice of violation by first class mail to the
last known address if known, or if unknown, to the address of the
property involved in the proceedings.
4. A copy of the Notice shall be posted at a
conspicuous place on the property, unless posting the notice is not
physically possible.
5. The Administrator may mail, or cause to be
delivered to all residential and/or nonresidential rental units in
the structure or post at a conspicuous place on the property, a
notice which informs each recipient or resident about the Notice of
Violation, stop Work Order or Emergency Order and the applicable
requirements and procedures.
6. A Notice or an Order may be amended at any time
in order to
ii a. Correct clerical errors, or
violation.
b. Cite additional authority for a stated
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D. Effective Date. Any notice of violation issued
under this Chapter which contains an order to cease and desist
shall be effective immediately upon receipt by the person to whom
the Notice is directed.
E. Time to Comply.
1. When calculating a reasonable time for
compliance, the Administrator shall consider the following
criteria:
a. The type and degree of violation cited in
the Notice;
b. The stated intent, if any, of a
responsible party to take steps to comply;
c. The procedural requirements for obtaining
a permit to carry out correction action;
d. The complexity of the correction action,
including seasonal considerations, construction requirements and
the legal prerogatives of landlords and tenants; and
e. Any other circumstances beyond the control
of the responsible party.
2. Unless a request for remission or mitigation of
the penalty before the Administrator is made in accordance with
Section 11,04.040(H) below, the Notice of Violation shall become
the final order of the Administrator. A copy of the Notice shall
be filed with the Department of Records and Elections of King
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County. The Administrator may choose not to file a copy of the
Notice or Order if the Notice or Order is directed only to a
responsible person other than the owner of the property.
F. Cease and Desist Work Order. Whenever a continuing
violation of the Shoreline Master Program will materially impair
the Director's ability to secure compliance with the Program, or
when the continuing violation threatens the health or safety of the
public, the Director may issue a Cease and Desist Order specifying
the violation and prohibiting any work or other activity at the
site. A failure to comply with the Cease and Desist Order shall
constitute a violation of the Shoreline Master Program.
G. Emergency Order. Whenever any use or activity in
violation of this Code threatens the health and safety of the
'd occupants of the premises or any member of the public, the
C\i Administrator may issue an Emergency Order directing that the use
ti or activity be discontinued and the condition causing the threat to
Othe public health and safety be corrected. The Emergency Order
N shall specify the time for compliance and shall be posted in a
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conspicuous place on the property, if posting is physically
possible. A failure to comply with an Emergency Order shall
constitute a violation of the Shoreline Master Program.
Any condition described in the Emergency Order which
is not corrected within the time specified is hereby declared to be
a public nuisance and the Administrator is authorized to abate such
nuisance summarily by such means as may be available. The cost of
such abatement shall be recovered from the owner or person
responsible or both in the manner provided by law.
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H. Review of Penalty by the Administrator.
1. Any person incurring a penalty imposed in a
notice of violation issued by the Administrator pursuant to Section
8.3 may obtain a review of the penalty by making application for
remission or mitigation of the penalty within fifteen (15) days
after service of the notice. When the last day of the period so
computed is a Saturday, Sunday or federal or City holiday, the
period shall run until five p.m. (5:00 p.m.) on the next business
day. The application shall be in writing, and upon receipt of the
application, the Administrator shall notify all persons served with
the Notice of Violation and the complainant, if any, of the date,
time and place set for the review, which shall be not less than ten
(10) nor more than twenty (20) days after the application is
received, unless otherwise agreed by all persons served with the
Notice of Violation. Before the date set for the remission or
mitigation hearing incurring a penalty in the Notice of Violation
may submit any written material to the Administrator for
consideration at the review.
2. The review will consist of an informal review
meeting held at the Planning Department offices. A representative
of the Administrator who is familiar with the case and the
applicable ordinances will attend. The Administrator's
representative will explain the reasons for the Administrator's
issuance of the Notice and will listen to any additional
information presented by the persons attending. At or after the
review, the Administrator may remit or mitigate the penalty only
upon a demonstration of extraordinary circumstances, such as the
presence of information or factors not considered in setting the
original penalty. The Administrator may also choose to continue to
review to a date certain for receipt of additional information.
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3. The Administrator shall issue an Order of the
Director containing the decision on the penalty within seven (7)
days of the date of the completion of the review and shall cause
the same to be mailed by regular first class mail to the person or
persons named on the Notice of Violation, mailed to the
complainant, if possible, and filled with the Department of Records
and Elections of King County.
I. Extension of Compliance Date. The Administrator may
grant an extension of time for compliance with any Notice or Order
whether pending or final, upon the Administrator's finding that
substantial progress toward compliance has been made and that the
public will not be adversely affected by the extension.
An extension of time may be revoked by the
Administrator if it is shown that the conditions at the time the
extension was granted have changed, the Administrator determines
,that a party is not performing corrective actions as agreed, or if
the extension creates an adverse effect on the public. The date of
Irevocation shall then be considered as the compliance date.
J. Appeal of Civil Penaltv.
1. Right of Appeal. Persons incurring a penalty
imposed by the City may appeal the same to the Shorelines Hearings
Board.
2. Timing of Appeal. Appeals shall be filed
within thirty days of receipt of the Notice of Violation unless an
application for remission or mitigation is made to the
Administrator. If such appeal is made, appeals must be filed
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within thirty days of receipt of the Administrator's decision
regarding the remission or mitigation.
K. Civil Penalty.
1. Additional Relief. In addition to any other
sanction or remedial procedure which may be available, any person
violating or failing to comply with any of the provisions of this
Chapter shall be subject to a cumulative penalty in the amount of
one thousand dollars ($1,000). Each permit violation or each day
of continued development without a required permit shall constitute
ja separate violation.
2. Persons Incurring Penalty. Any person who,
through an act of commission or omission procures, aids or abets in
the violation shall be considered to have committed a violation for
the purposes of the civil penalty.
3. Penalties Due. Penalties imposed by this
section shall become due and payable thirty days after receipt of
notice imposing the same unless application for remission or
mitigation is filed. Whenever an application for remission or
mitigation is made, penalties shall become due and payable thirty
days after receipt of the Administrator's decision regarding the
remission or mitigation. Whenever an appeal of a penalty is filed,
the penalty shall become due and payable upon completion of all
review proceedings and upon issuance of a final decision confirming
the penalty in whole or in part.
4. Enforcement of Penalty. The penalty imposed by
this section shall be collected by civil action brought in the name
of the City. The Director shall notify the City Attorney in
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writing of any penalty owed the City and not paid within thirty
days after it becomes due and payable, and the City Attorney shall,
with the assistance of the Administrator, take appropriate action
to collect the penalty.
5. Mitigation of Penalty. The violator may show
.as full or partial mitigation of liability:
a. That the violation giving rise to the
faction was caused by the willful act, or neglect, or abuse of
,another; or
b. That correction of the violation was
commenced promptly upon receipt of the notice thereof, but that
full compliance within the time specified was prevented by
inability to obtain necessary materials or labor, inability to gain
access to the subject structure, or other condition or circumstance
beyond the control of the defendant.
L. Criminal Penalties. In addition to incurring the
civil liability under Section 8.11 above, any person found to have
wilfully engaged in activities in violation of the Shore Master
Program shall be guilty of a gross misdemeanor, and shall be
punished pursuant to RCW 90.58.220 by a fine of not less than
twenty-five nor more than one thousand dollars ($25.00-$1,000.00)
or by imprisonment for not more than ninety days, or by both such
fine and imprisonment: PROVIDED, that the fine for the third and
all subsequent violations in any five year period shall not be less
than five hundred nor more ten thousand dollars
($500.00-$10,000.00).
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M. Additional Relief. Any person who violates any '
provision of this Chapter or permit issued pursuant thereto shall
be liable for all damage to public or private property arising from
such violation, including the cost of restoring the affected area
to its condition prior to violation. The Administrator may request
that the City Attorney shall bring suit for damages on behalf of
the City under this section. The Administrator may also seek legal
or equitable relief to enjoin any acts or practices and abate any
condition which constitutes or will constitute a violation of the
Shoreline Master Program when civil or criminal penalties are
inadequate to effect compliance.
Section 6. Severability. The provisions of this
ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section
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or portion of this ordinance, or the invalidity of the application
'b' thereof to any person or circumstances shall not affect the
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validity of the remainder of this ordinance, or the validity of its
application to other persons or circumstances.
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Section 7. Effective Date. This ordinance shall take
effect and be in force thirty (30) days from the time of its final
approval and passage as provided by aw.
DA KELLEHER,,
ATTEST:
BRENDA JACOBER, CI Y CLERK
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APPROVED AS TO FORM:
}
'! O_GEA A. L BOVICH, CITYLATZQRNEY
PASSED the day of 4 1992•
APPROVED the day of 1992.
PUBLISHED the -T day of {.� 1992.
I hereby certify that this is a true and correct copy of
i
Ordinance No. _, passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent
hereon indicated.
shorlrimp.ord
BRENDA JACOBtR, CITY CLERK
i
24
CITY OF KENT Pp y�
SHORELINE MASTER PROGRAM
CITY OF KENT
SHORELINE MASTER PROGRAM
The preparation of this report was financially aided through a grant from
the Washington State Department of Ecology with funds obtained from the
National Oceanic and Atmospheric Administration, and appropriated for
Section 306 of the Coastal Zone Management Act of 1972.
Prepared by:
City of Kent
Planning Department
220 - 4th Avenue South
Kent, WA 98032
Graphics by:
Wichada Trepoonpon
June, 1992
TABLE OF CONTENTS
1.0 INTRODUCTION ....................................... 1
1.1 THE SHORELINE MASTER PROGRAM (1);
1.2 CONTENT OVERVIEW (1);
1.3 SHORELINE RESOURCES IN KENT (2);
1.4 CHARACTERISTICS OF THE GREEN RIVER (2);
1.5 ASSOCIATED RESOURCES (3)
2.0 DEFINITIONS ........................................ 5
3.0 ENVIRONMENTS ...................................... 13
3.1 CONSERVANCY ENVIRONMENT (13);
3.2 RURAL ENVIRONMENT (14);
3.3 URBAN ENVIRONMENT (16)
4.0 ELEMENTS ......................................... 19
4.1
ECONOMIC DEVELOPMENT ELEMENT (19);
4.2
PUBLIC ACCESS ELEMENT (21);
4.3
CIRCULATION ELEMENT (23);
4.4
RECREATION ELEMENT (25);
4.5
SHORELINE USE ELEMENT (28);
4.6
CONSERVATION ELEMENT (30);
4.7
HISTORICAL/CULTURAL ELEMENT (31);
4.8
FLOOD CONTROL ELEMENT (33)
5.0 GENERAL PERFORMANCE STANDARDS ..................... 35
5.1 SHORELINES OF STATE-WIDE SIGNIFICANCE (35);
5.2 ARCHAEOLOGICAL AND HISTORIC RESOURCES (38);
5.3 CLEARING AND GRADING (38);
5.4 ENVIRONMENTAL IMPACTS (40);
5.5 ENVIRONMENTALLY SENSITIVE AREAS (42);
5.6 MARSHES, BOGS AND SWAMPS (43);
5.7 PUBLIC ACCESS (46);
5.8 VIEW PROTECTION (48);
5.8 OTHER STANDARDS (49)
6.0 SPECIFIC SHORELINE USE POLICIES AND PERFORMANCE STANDARDS 54
6.1 AGRICULTURE (54);
6.2 AQUACULTURE (55);
6.3 COMMERCIAL DEVELOPMENT (56);
6.4 DREDGING (58);
6.5 INDUSTRIAL FACILITIES (59);
6.6 LANDFILL (60);
Table of Contents, continued:
6.7 MARINAS (62);
6.8 MINING (63);
6.9 PARKING FACILITIES (63);
6.10 PIERS AND DOCKS (65);
6.11 RECREATIONAL FACILITIES (66);
6.12 RESIDENTIAL DEVELOPMENT (68);
6.13 SHORE DEFENSE WORKS (68);
6.14 SIGNS (71);
6.15 SOLID WASTE DISPOSAL (72);
6.16 TRANSPORTATION FACILITIES (72);
6.17 UTILITIES (73)
7.0 ADMINISTRATION .................................... 74
7.1
PURPOSE (74);
7.2
SUBSTANTIAL DEVELOPMENT (74);
7.3
EXEMPTIONS (74);
7.4
PERMIT PROCESS (75);
7.5
APPEALS (77);
7.6
VARIANCE PERMITS (77);
7.7
CONDITIONAL USE PERMITS (78);
7.8
NONCONFORMING DEVELOPMENT (79);
7.9
AMENDMENTS TO THE MASTER PROGRAM (80);
7.10
SEVERABILITY (80)
8.0 ENFORCEMENT ...................................... 82
8.1 VIOLATIONS (82);
8.2 DUTY TO ENFORCE (82);
8.3 INVESTIGATION AND NOTICE OF VIOLATION (83);
8.4 EFFECTIVE DATE (84);
8.5 TIME TO COMPLY (84);
8.6 CEASE AND DESIST WORK ORDER (85);
8.7 EMERGENCY ORDER (85);
8.8 REVIEW OF PENALTY BY THE ADMINISTRATOR (85);
8.9 EXTENSION OF COMPLIANCE DATE (86);
8.10 APPEAL OF CIVIL PENALTY (86);
8.11 CIVIL PENALTY (87);
8.12 CRIMINAL PENALTIES (87);
8.13 ADDITIONAL RELIEF (88)
Kent Shoreline Master Program.
1.0 INTRODUCTION
1.1 THE SHORELINE MASTER PROGRAM
The Shoreline Management Act (Ch. 90.58 RCW) provides for the management and protection
of the state's shoreline resources by planning for reasonable and appropriate uses. The Act sets
up a joint planning effort by state and local governments, and imposes on local governments the
responsibility to develop and implement a local Shoreline Master Program.
This document is the Shoreline Master Program for the City of Kent. The goals, policies and
regulations in this program apply to activities in all lands and waters within the City of Kent
which are under the jurisdiction of the Shoreline Management Act. All proposed uses and
activities within the shoreline jurisdiction (including activities that are exempt from substantial
development permit requirements) should be reviewed for compliance with the goals, general
and specific policies, and use regulations found in the Program.
wour�
w.tGr
tr-A4w&*)
M►NIMuM '
�i-10Ric'LINE � �
JUR►9DIL'SION• � ZG,p' .�rp•n, oHWM or {�oodway awl �
All n+s► 40, bods, PM OANW"PO in
i 100 - �1ood w. i
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sH'A%1^0 l
-3L11�5 til L�11GN
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Figure 1.1 Lands and waters under the jurisdiction of the Shoreline Management Act.
The Shoreline Master Program must be applied consistently with state law and regulations.
Users of the program should consult the State Shoreline Management Act (Chapter 90.58 RCW),
and the sections of the Washington Administrative Code related to the Act, since these contain
requirements that may apply to shoreline activity, regardless of whether the requirements are
contained in the Master Program. Users should also be aware of other applicable federal, state
and local laws that may apply to activities within the shoreline.
Section 1.0 - Introduction
1.2 CONTENT OVERVIEW
Section 2.0 of this Program contains the definitions that apply throughout the Program, unless
otherwise indicated by context. The different Environment designations, and the policies and
guidelines for each Environment, are described in Section 3.0. The Elements of the Program
are found in Section 4.0; the elements consist of general goals, objectives and policies that
apply to all activities within the shoreline jurisdiction. General Performance Standards are
contained in Section 5.0. Specific Use Policies and Performance Standards are included in
Section 6.0. Section 7.0, Administration, describes the process for issuing substantial
development permits, conditional uses and variances, and the appeals process for such permits.
Section 8.0 includes describes the enforcement process.
1.3 SHORELINE RESOURCES IN KENT
The Green River is the most visible shoreline resource in Kent. The river has always been a
focal point for inhabitants of the Green River Valley. Prior to white settlement of the area,
tribes and bands of the Coast Salish people traveled the river in cedar canoes. Native villages
were located along the river and its reaches, and the river basin provided plentiful resources in
the form of fish, waterfowl, mammals, roots and berries. Winter villages dotted the river's
shoreline, with houses of cedar bark.
When white settlers arrived, they also utilized the river as a road through the densely -vegetated
valley, and laid claim to the land along the river's shores.
Kent's initial Shoreline Inventory of the Green River was completed by the Kent Planning
Department in November of 1972. This Inventory revealed that 15% of the Shoreline was in
residential use, 37% in agricultural use and 41% undeveloped, with the remaining 7% in other
uses. By 1980, the percentages had not changedsubstantially.
of the inventory will n doubt ity was Deflect
aring
to update its city-wide land use inventory, and thee
the continued urbanization of the Green River Valley since 1980.
1.4 CHARACTERISTICS OF THE GREEN RIVER
The Green River is the major shoreline resource in Kent. The river has a very gentle slope (less
than 0.1 %) and the adjacent soils are of high quality for agricultural and recreational uses and
poor for industrial and urban sites. Mostof
exceptwat lowver awatern diked
e�flow avepageed snd the
6,500
resultant steep banks allow for few beaches
cubic feet per second in the winter and 1,700 c.f.s. in the summer, depending upon regulation
of the Howard Hanson Reservoir upstream. The river provides habitat for a variety of
mammals, birds, reptiles, amphibians and fish. Most of the trees have been logged, but some
deciduous and coniferous trees remain along the shoreline, and a variety of shrubs and grasses
line the entire shore.
2
Kent Shoreline Master Program
1.5 ASSOCIATED RESOURCES
It is important to remember that there are other resources that fall within the jurisdiction of the
Act. Streams with a mean annual flow of 20 cubic feet per second or more; lakes greater than
20 acres in size; and all "associated wetlands." The statutory definition of associated wetlands
includes many resources not ordinarily thought of as wetlands. Lands extending 200 feet from
the ordinary high water mark of any jurisdictional lake or stream are defined as wetlands, as are
marshes, bogs and swamps (what are ordinarily thought of as wetlands), river deltas, floodways
and floodplains associated with such lakes and streams. The Master Program must be consulted
with regard to such resources when they are associated with the Green River, or to any other
jurisdictional stream or lake within Kent.
Figure 1.2 Jurisdiction includes the river and associated shoreline resources.
Kent Shoreline Master Program
2.0 DEFINITIONS
The following definitions apply throughout this Program, unless otherwise indicated.
Accessory use
Any structure or use incidental and subordinate to a primary use or development.
Act
The Shoreline Management Act, Chapter 90.58 RCW.
Administrator
The Kent Planning Director, or his/her designee.
Agriculture
The use of land for agriculture purposes, including farming, dairying, pasturage,
horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, and the
necessary accessory uses for storing produce; provided, however, that the operation of
any such accessory use shall be incidental to that of normal agricultural activities and
provided further that the above uses shall not include the commercial feeding of garbage
or refuse to swine or other animals.
Aquaculture
The culture or farming of aquatic animals and plants.
Average grade level
The average of the natural or existing topography of the portion of the lot, parcel or tract
of real property which will be directly under the proposed building or structure;
provided that in the case of structures to be built over water, average grade level shall
be the elevation of ordinary high water.
Building
Any structure having a roof supported by columns or walls used or intended to be used
for the shelter or enclosure of persons, animals or property of any kind.
Building setback line
Unless otherwise indicated within this Program, the line which establishes the limits of
all buildings, fencing and impervious surfaces along the shoreline.
Channel improvement
Enlargement of a natural stream's discharge capacity by means of straightening, making
"cutoffs", cleaning vegetation, widening, or deepening, and thereby decreasing flood
stages.
5
Section 2.0 -Definitions
Circulation
Those means of transportation which carry passengers or goods to, from, over, or along
a corridor.
Commercial development
Commercial developments are those uses which are involved in wholesale and retail trade
or business activities.
Conditional use
A use, development, or substantial development which is classified as a conditional use
or is not classified within the applicable master program. (WAC 173-14-030(4))
Conservancy environment
A designation for areas with valuable natural, cultural, or historical resources (see
Section 3.0).
Corridor
A circulation right-of-way and the area immediately adjacent to it.
Development
A use consisting of the construction or exterior alteration of structures; dredging;
drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving
of piling; placing of obstructions; or any other 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 Act at any state of water level.
Dike
Dock
An embankment to prevent flooding by a stream or other waterbody.
A fixed or floating platform extending from the shore over the water.
Dredging
The removal of earth from the bottom or banks of a body of water for the purpose of
deepening a navigational channel, obtaining bottom materials, or for flood control.
Earth material
Any rock, natural soil or fill, and/or any combination thereof.
Economic development
A development which provides a service, produces a good, retails a commodity, or
engages in any other use of activity for the purpose of making financial gain.
Elements
Major aspects of land and water use for which goals are written as part of a Shoreline
Master Program.
6
Kent Shoreline Master Program
Environments
Designations given specific shoreline areas based on the existing development pattern,
the biophysical capabilities and limitations, and the goals and aspirations of local
citizenry, as part of a Master Program.
Excavate
To remove earth material mechanically.
Fair market value
The expected price at which the development can be sold to a willing buyer. For
developments which involve nonstructural operations such as dredging, drilling, dumping
or filling, the fair market value is the expected cost of hiring a contractor to perform the
operation; or where no such value can be calculated, the total of labor, equipment use,
transportation, and other costs incurred for the duration of the permitted project.
Flood control
Any undertaking for the conveyance, control, and dispersal of flood waters caused by
abnormally high direct precipitation or stream overflow.
Floodplain
A term synonymous with the hundred -year floodplain, meaning that land area susceptible
to being inundated by stream derived waters with a one percent chance of being equaled
or exceeded in any given year. The limit of this area shall be based upon flood
ordinance regulation maps or a reasonable method which meets the objectives of the
Shoreline Management Act.
Groin
A barrier -type structure extending from the backshore into the water across the beach.
The purpose of a groin is to interrupt sediment movement along the shore.
Hearing Examiner (Land Use)
A person appointed by the City Administrator to conduct public hearings on applications
outlined in the City ordinance creating the Hearing Examiner, and who prepares a
record, findings of fact and conclusions on such applications.
Landfill
The placement of soil, sand, rock gravel or other material to create new land along the
shoreline below the OHWM, or on upland areas in order to raise the elevation.
Landscaping
Vegetative ground cover including shrubs, trees, flower beds, grass, ivy and other
similar plants and including tree bark and other materials which aid vegetative growth
and maintenance.
Marina
A use providing moorages for pleasure craft which also may include boat launching
facilities, storage, sales and other services.
Section 2.0 -Definitions
Marshes, bogs and swamps
Lands transitional between terrestrial and aquatic systems where saturation with water
is the dominant factor determining plant and animal communities and soil development.
For the purposes of this definition, these areas must have one or more of the following
attributes: (a) at least periodically, the land supports predominantly hydrophytes; and/or
(b) the substrate is predominantly undrained hydric soil. Hydrophytes include those
plants capable of growing in water or on a substrate that is at least periodically deficient
in oxygen as a result of excessive water content. Hydric soils include those soils which
are wet long enough to periodically produce anaerobic conditions, thereby influencing
the growth of plants.
Master Program
The comprehensive shoreline use plan for the City of Kent, and the use regulations,
together with maps, diagrams, charts or other descriptive material and text, a statement
of desired goals and standards developed in accordance with the policies enunciated in
Section 2 of the Act.
Mining
The removal of naturally occurring materials from the earth for commercial, industrial,
or construction use.
Mixed-use development
Development that combines water -dependent with water -enjoyment uses and/or non -
water -oriented uses.
Moorage
Any device or structure used to secure a vessel for temporary anchorage, but which is
not attached to the vessels. Examples of moorage are docks or buoys.
Multiple -use
The combining of compatible uses within one development.
Non -conforming structure
A structure or portion thereof which was lawfully erected or altered and maintained, but
which no longer conforms to the policies. and regulations of this Master Program.
Non -water -oriented use
A use which has little or no relationship to the shoreline. Examples include professional
offices, multifamily residential development, and mini -storage facilities.
One -hundred -year flood
The maximum flood expected to occur during a one -hundred -year period.
Open space
A land area allowing view, use or passage which is almost entirely unobstructed by
buildings, paved areas, or other man-made structures.
s
Kent Shoreline Master Program
Ordinary high water mark
"Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will
be found by examining the bed and banks and ascertaining where the presence and action
of waters are so common and usual, and so long continued in all ordinary years, as to
mark upon the soil a character distinct from that of the abutting upland,in respect to
vegetation; as that condition exists 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 salt water 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. (RCW 90.58.030(2)(b)).
Over -water structure
Any structure projecting over the ordinary high water mark.
Parking space or parking stall
A parking space is any off-street space intended for the use of vehicular parking with
ingress or egress to the space easily identifiable.
Permit
Any substantial development, variance or conditional use permit, or revision authorized
by the Act. (WAC 173-14-030(13))
Pier
A general term including docks and similar structures consisting of a fixed or floating
platform extending from the shore over the water.
Pollutant
Port
Any substance that has been or may be determined to cause or tend to cause injunous,
corrupt, impure, or unclean conditions when discharged to surface water, air, ground,
sanitary sewer system, or storm drainage system.
A center for water -borne traffic.
Public access
A means of physical approach to and along the shore -line available to the general public.
This may also include visual approach.
Railroad
A surface linear passageway with tracks for train traffic.
Recreation
The refreshment of body and mind through forms of play, amusement, or relaxation.
The recreational experience may be active, such as boating, fishing, and swimming, or
may be passive such as enjoying the natural beauty of the shoreline or its wildlife.
9
Section 2.0 - Definitions
Revegetation
The planting of vegetation to cover any land areas which have been disturbed during
construction. This vegetation shall be maintained to insure its survival and shall be
consistent with planting requirements of the Kent Landscape Code.
Riprap
Broken stone placed on shoulders, slopes, or other such places to protect them from
erosion.
Riverfront lot
Any lot or land parcel which is adjacent to the Green River, a scenic and recreation
road/drive, a riverfront road or a riverfront park.
Riverfront park
A publicly -owned open space which lies along the Green River, along a scenic and
recreational road/drive, or along a riverfront road.
Riverfront road
A public street or road which lies alongside the Green River and which has no major
development between it and the river.
Road
A linear passageway, usually for motor vehicles.
Scenic and recreational roads/drives
1. Frager Road throughout its length within the City of Kent.
2. Russell Road from the eastern end of the proposed Russell Woods Park as designated
in the Green River Corridor Plan north to the point where it leaves the River
(approximately at 200th Street).
Shoreline jurisdiction
All geographic areas covered by the Act, related rules, and the Kent Master Program.
Shorelines
All water areas of Kent and their associated wetlands, together with the lands underlying
them, except: (i) shorelines of state-wide significance; (ii) shorelines on segments of
streams upstream of a point where the mean annual flow is twenty cubic feet per second
or less and the wetlands associated with such upstream segments, and (iii) shorelines on
lakes less than twenty acres in size and wetlands associated with such lakes.
Shorelines of the state
The total of all "shorelines" and "shorelines of state-wide significance" within the state.
10
Kent Shoreline Master Program
Shorelines of state-wide significance
Shorelines of the state which meet the criteria for shorelines of statewide significance
contained in RCW 90.58.030(e). Within Kent, the shorelines of the Green River are
shorelines of state-wide significance.
Signs -advertising
A sign which directs attention to a business, commodity or service, or entertainment sold
or offered elsewhere than on the premises and only incidently on the premises.
Signs -directional and informational
A sign designated to guide or direct pedestrians or vehicles.
Site
Any lot or parcel of land or contiguous combination thereof,
under the same ownership, on which development is proposed.
Slope
An inclined ground surface. The inclination is expressed as a ratio or horizontal distance
to vertical distance.
Structure
That which is built or constructed; an edifice or building of any kind or any piece of work
composed of parts jointed together in some definite manner and includes posts for fences
and signs, but does not include mounds of earth or debris.
Subdivision
A parcel of land divided into two or more parcels.
Substantial development
Any development of which the total cost or fair market value exceeds two thousand five
hundred dollars, or any development which materially interferes with the normal public use
of the water or shorelines of the state, except for those uses excepted from the definition
of substantial development by RCW 90.58.030(3)(e)(i)-(xi).
Truck maneuvering area
An area of a site used by trucks for turning and backing or for access to loading/unloading
areas.
Unique and fragile areas
An area of special environmental significance for wildlife habitat, threatened plant
communities, and/or natural scenic quality. The geographic boundaries of these areas shall
be officially mapped.
Upland
The area above and landward of the ordinary high water mark.
11
Section 2.0 -Definitions
Urban
An area of basically high intensity and diverse land use, including residential, commercial,
industrial, agricultural and recreational development.
Urban environment
A designation for areas of high intensity land use, including residential, commercial and
industrial development (see Section 3).
Use or use activity
An activity or purpose for which land or premises or a building thereon is designed,
arranged, intended, or for which it is occupied or maintained, let or leased.
Utilities
Services which produce and carry electric power, sewage, communications, petroleum
products, oil, natural gas, water, etc.
Variance
A means of granting relief from specific bulk, dimensional or performance standards set
forth in the applicable master program, and not a means to vary from the permitted uses
of a shoreline.
Water -dependent use
A use which requires direct contact with the water and cannot exist at a non -water location
due to the nature of the use. Examples include ship cargo terminal loading areas, ferry
terminals, aquaculture and marinas.
Water -enjoyment use
Recreational uses or other uses facilitating public access to the shoreline as a primary
characteristic of the use, and uses that provide for aesthetic enjoyment of the shoreline for
a substantial number of people as a general character of the public's ability to enjoy the
physical and aesthetic qualities of the shoreline. Examples include parks, piers, museums,
and educational/scientific reserves.
Water -oriented use
A use which is a water -dependent, water -related, or water -enjoyment use.
Water -related use
A use which is not intrinsically dependent on a waterfront location but whose operation
.cannot occur economically without a waterfront location. Examples include warehousing
of goods transported by water, seafood processing plants, hydroelectric generating plants,
and oil refineries where transport is by tanker.
Wetlands or wetland areas
Those lands extending landward for two hundred feet in all directions as measured on a
horizontal plane from the ordinary high water mark; and all marshes, bogs, swamps,
floodways, river deltas, and floodplains associated with streams, lakes and tidal waters
which are subject to the provisions of Ch. 90.58 RCW.
12
Kent Shoreline Master Program
3.0 ENVIRONMENTS
State regulations require local governments to categorize shoreline areas by different
environmental designations. WAC 173-16-040 states that "the environmental designation to be
given any specific area is to be based on the existing development pattern, the biophysical
capabilities and limitations of the shoreline being considered for development and the goals and
aspirations of local citizenry." State regulations recommend a classification system composed
of four distinct environments: natural, conservancy, rural and urban.
The current Shoreline Master Program environmental designations were developed in 1972 and
amended in 1978 and 1980, in accordance with the state criteria for classification. Kent's
shoreline is classified Conservancy, Rural and Urban (see maps, page ).
Any development in the shoreline must be consistent with the environmental designation in
which it is located.
3.1 CONSERVANCY ENVIRONMENT
The Conservancy designation is intended to protect, conserve and manage natural resources and
historic and cultural areas, to achieve sustained resource utilization and to provide recreational
benefits.
In Kent, all uses but recreation are prohibited in the Conservancy Environment. Recreational
uses in the Conservancy Environment shall be consistent with the following guidelines contained
in WAC 173-16-040(4)((b)(ii):
The objective in designating a conservancy environment is to protect, conserve
and manage existing natural resources and valuable historic and cultural areas in
order to ensure a continuous flow of recreational benefits to the public and to
achieve sustained resource utilization.
The conservancy environment is for those areas which are intended to maintain
their existing character. The preferred uses are those which are nonconsumptive
of the physical and biological resources of the area. Nonconsumptive uses are
those uses which can utilize resources on a sustained yield basis while minimally
reducing opportunities for other future uses of the resources in the area.
Activities and uses of a nonpermanent nature which do not substantially degrade
the existing character of an area are appropriate uses for a conservancy
environment. Examples of uses that might be predominant in a conservancy
environment include diffuse outdoor recreation activities, timber harvesting on a
sustained yield basis, passive agricultural uses such as pasture and range lands,
and other related uses and activities.
13
Section 3.0 - Environments
Figure 3.1 Conservancy Environment located northwest of S. 190th Street and 62nd
Ave. S.
The designation of conservancy environments should seek to satisfy the needs of
the community as to the present and future location of recreational areas
proximate to concentrations of population, either existing or projected. For
example, a conservancy environment designation can be used to complement city,
county or state plans to legally acquire public access to the water.
The conservancy environment would also be the most suitable designation for
those areas which present too severe biophysical limitations to be designated as
rural or urban environments. Such limitations would include areas of steep slopes
presenting erosion and slide hazards, areas prone to flooding, and areas which
cannot provide adequate water supply or sewage disposal.
3.2 RURAL ENVIRONMENT
The purpose of the Rural designation is to protect agricultural land from urban expansion,
restrict intensive development along undeveloped shorelines of the Green River, function as a
buffer between urban areas, and maintain open spaces and opportunities for recreational uses
along the Green River.
Uses within areas designated as Rural in Kent shall be consistent with the following guidelines
contained in WAC 173-16-040(4)(b)(iii):
The rural environment is intended to protect agricultural land from urban
expansion, restrict intensive development along undeveloped shorelines, function
as a buffer between urban areas, and maintain open spaces and opportunities for
recreational uses compatible with agricultural activities.
14
Kent Shoreline Master Program
Figure 3.2 The rural environment is intended to protect agricultural land from urban
expansion.
The rural environment is intended for those areas characterized by intensive
agricultural and recreational uses and those areas having a high capability to
support active agricultural purposes, or which have agricultural potential should
be maintained for present and future agricultural needs. Designation of rural
environments should also seek to alleviate pressures of urban expansion on prime
farming areas.
New developments in a rural environment are to reflect the character of the
surrounding area by limiting residential density, providing permanent open space
and by maintaining adequate building setbacks from water to prevent shoreline
resources from being destroyed for other rural types of uses.
Public recreation facilities for public use which can be located and designed to
minimize conflicts with agricultural activities are recommended for the rural
environment. Linear water access which will prevent overcrowding in any one
area, trail systems for safe nonmotorized traffic along scenic corridors and
provisions for recreational viewing of water areas illustrate some of the ways to
ensure maximum enjoyment of recreational opportunities along shorelines without
conflicting with agricultural uses. In a similar fashion, agricultural activities
should be conducted in a manner which will enhance the opportunities for
15
Section 3.0 -Environments
shoreline recreation. Farm management practices which prevent erosion and
subsequent siltation of water bodies and minimize the flow of waste material into
water courses are to be encouraged by the master program for rural
environments.
Figure 3.3 Non -motorized trails and water access can be designed to avoid conflicts
with adjacent agricultural uses.
3.3 URBAN ENVIRONMENT
The Urban designation is intended to permit multiple water -dependent or water -related uses to
achieve optimum utilization of the City's shorelines, while managing development so that it
enhances and maintains the shorelines for public enjoyment and use.
WAC 173-16-040(4)(b)(iv) includes the following guidance regarding the Urban Environment:
The objective of the urban environment is to ensure optimum utilization of shorelines
within urbanized areas by providing for intensive public use and by managing
development so that it enhances and maintains shorelines for a multiplicity of urban
uses
The urban environment is an area of high-intensity land -use including residential,
commercial, and industrial development. The environment does not necessarily
include all shorelines within an incorporated city, but is particularly suitable to those
areas presently subjected to extremely intensive use pressure, as well as areas planned
to accommodate urban expansion. Shorelines planned for future urban expansion
should present few biophysical limitations for urban activities and not have a high
priority for designation as an alternative environment.
16
Kent Shoreline Master Program
Because shorelines suitable for urban uses are a limited resource, emphasis should be
given to development within already developed areas, and particularly to water -
dependent industrial and commercial uses requiring frontage on navigable waters.
In the master program, priority is also to be given to planning for public visual and
physical access to water in the urban environment. Identifying needs and planning for
the acquisition of urban land for permanent public access to the water in the urban
environment should be accomplished in the master program. To enhance waterfront
and ensure maximum public use, industrial and commercial facilities should be
designed to permit pedestrian waterfront activities. Where practicable, various access
points ought to be linked to nonmotorized transportation routes, such as bicycle and
hiking paths.
Figure 3.4 Recreational trails and water access can be combined with private development.
17
Kent Shoreline Master Program
4.0 ELEMENTS
The elements of the Shoreline Master Program consist of goals, objectives and policies that
apply to all uses in the shoreline. The Shoreline Management Act lists seven elements which
should be included in every local shoreline program: (a) economic development; (b) public
access; (c) recreation; (d) circulation; (e) shoreline use; (f) conservation; and (g) a historic,
cultural, scientific and educational element. Local master programs should also address any
other appropriate elements, and the Kent Shoreline Master Program also includes an element
addressing flood protection.
4.1 ECONOMIC DEVELOPMENT ELEMENT
This is an element for the location and design of industries, transportation facilities, port
facilities, tourist facilities, commercial and other developments that are particularly dependent
on shoreline locations, as well as addressing development in general.
GOAL: Development of the shorelines should be limited to uses which are water -
oriented, and which are compatible with protection and enhancement of the
shoreline.
Objective 1: Encourage the location of shoreline -dependent recreation and
open space uses along the shoreline as part of any development
along the Shoreline.
Policy:
1. Support an application for current use taxation for those private
recreation and open space developments along the shoreline
through Chapter 84.34 RCW.
Objective 2: Permit development of the shoreline only if it enhances the
environmental qualities of the shoreline, recognizing that it is
these same qualities that provide an amenity of incalculable
economic value to the citizens of Kent.
Policies:
1. The City should review all building permits issued for
development along the shorelines to assure that they are not in
conflict with the other goals, objectives and policies.
19
Section 4.0 -Elements
2. Shoreline developments should be designed to enhance scenic
views.
3. Potential long-term effects on the shoreline should take
precedence over short-term economic gain or convenience in
development.
7rvrw V -4r i vs ,WvT ,.
Figure 4.1 Water -dependent or water -related uses can encourage public recreation.
Objective 3: Plan development of all land contiguous to the water's edge so
that public access and use of the shoreline are enhanced.
Policies:
1. Water -dependent and water -related economic development
should be located in shoreline areas where other economic
development already exists.
2. Water -dependent and water -related economic activities and uses
should minimize and cluster the water -dependent portions of
development along the shoreline. Those portions that are not
water -dependent should be located upland.
3. Water -dependent or water -related economic development
should be designed to allow reasonable public access to and
along the water's edge.
20
Kent Shoreline Master Program
Objective 4: Shoreline development should be planned to protect and
enhance public use of the waterway.
Policy:
1. Permit over -water structures only when in the public interest.
4.2 PUBLIC ACCESS ELEMENT
This is an element for assessing the need for providing public access to shoreline areas.
GOAL: The shoreline should be available to the public.
Figure 4.2 Improved public access to the river's edge.
Objective 1: Provide improved public access to the river's edge.
Policies:
1. The City and/or other government agencies when feasible
should acquire and develop property to provide public access
to the water's edge at a minimum of one access point per mile.
21
Section 4.0 -Elements
2. Publicly -owned shoreline areas should provide public access to
the water's edge where feasible.
3. When substantial modifications or additions are proposed to
substantial developments, the developer should be required to
provide for public access to and along the water's edge if
physically feasible.
4. Provision should be made for public access to and along the
water's edge in new substantial shoreline developments.
5. Access points should be developed for diversified recreational
use.
6. Parking should be provided to serve public access points and
should be designed to have a minimum impact on the natural
environment.
7. Access points should be designed and screened to create the
minimum objectionable impact on the adjoining property.
Objective 2: Provide a continuous trail system along the shoreline where
feasible while protecting private property rights.
Policies:
1. Public non -motorized trails should be provided connecting
access points.
2. The shoreline trail system should be designed to avoid conflict
with private property rights and to create the minimum
objectionable impact on the adjoining property.
Objective 3: Provide dike setbacks for river level access parks.
Policy:
1. The City and/or other governmental agencies should acquire
and develop property to provide river level access areas by
dike setbacks.
Objective 4: Any development adjacent to private property should be
designed so as to screen and protect against intrusions from the
public activities.
22
Kent Shoreline Master Program
Policy:
1. The Shoreline Administrator should review all public access
developments to insure that the rights and privacy of the
adjoining property owners are protected.
4.3 CIRCULATION ELEMENT
This is an element for assessing the location and extent of existing and proposed major
thoroughfares, transportation routes, terminals and other public facilities and correlating those
facilities with the shoreline use elements.
�-fTT;nt46IT STOP.
Figure 4.3 Public transit connections to shoreline access points.
GOAL: Non -motorized and pedestrian circulation along and across the shoreline should
be provided in a manner which protects and enhances the shoreline.
Objective 1: Provide connections for public transportation at shoreline
access points.
Policy:
1. The City should assist in facilitating access by public
transportation to recreation areas on the shoreline.
23
Section 4.0 -Elements
Objective 2: Restrict motor vehicle traffic in shoreline areas.
Policies:
1. Motor vehicle traffic should be restricted to existing two-lane
roadways, except for limited bridge crossings for major
freeways.
2. Motorized vehicles are not to be used on the trail system.
3. Shoreline roadways should be planned and developed as scenic
boulevards for slow-moving traffic and river public access.
4. Alternative access routes located on the upland side of a non -
water -oriented riverfront development should be planned for or
required in order to reduce unnecessary traffic along the river
corridor.
5. Through traffic should be planned, designed and re-routed to
avoid adversely affecting the recreational and environmental
qualities of the river corridor.
Objective 3: Minimize construction of motorized cross -river arterials.
Policy:
1. The City and/or other governmental agencies should actively
explore alternatives to additional cross -river arterials.
Objective 4: Provide a continuous trail system along the entire shoreline.
Policies:
1. The City should develop and implement in an orderly manner
a plan of acquisition, lease, and donation of land for trails.
2. The trail system should be separated from the roadway.
3. The trail system should have connections to other trails in the
region.
4. Access points to and along the shorelines should be linked by
a system of trails.
24
Kent Shoreline Master Program
5. To assist in developing a trails system, incentives should be
offered to property owners in exchange for larger setbacks,
easements or other benefits to a trail system.
6. The trail system should be included on all new or expanded
motorized river crossings. Whenever practical, existing
crossings should be modified to accommodate the trail system.
7. Provide trail system bridges where needed.
8. Private roads and developments should be designed to avoid
conflict with, or adverse impacts on the trail system.
4.4 RECREATION ELEMENT
This is an element for the preservation and expansion of recreational opportunities through
programs of acquisition, development and various means of less -than -fee acquisition.
GOAL: Public recreation opportunities should be maximized.
Objective 1: Provide a regional riverfront park system along the shoreline.
Policies:
1. The City's Parks and Recreation Department should take action
to interest state, federal and county government in the City's
Action Program to acquire and develop a regional riverfront
park system.
2. A minimum 25% of the total linear riverfront footage should
be in areas available to the public for recreation. This may
include City, County, State and privately -owned recreational
facilities open to the public.
I Any public development adjacent to private property should be
designed to protect the rights and privacy of the private
property owners.
4. A trail system should be provided along the entire shoreline.
5. The areas between the waterline and setback levees should be
acquired and dedicated as public recreation sites.
R
Section 4.0 -Elements
Objective 2: Provide a series of larger parks interspersed along the narrow
linear park which would provide diverse recreational
opportunities for the region.
Policies:
1. Provide larger parks for river access, interpretive natural areas,
picnic areas, open play areas, quiet natural areas, restrooms,
parking, etc.
2. Employ diking setbacks at favorable locations to provide larger
river level parks.
Figure 4.4 Diverse recreational opportunities.
Objective 3: Provide public fishing areas along the shoreline.
26
Policy:
Kent Shoreline Master Program
1. The City should acquire property and should encourage the
State Department of Wildlife to acquire property to provide
fishing areas and accesses.
Objective 4: Encourage private water -oriented recreational development
which is open to the public in areas located outside the public
park areas.
Policy:
1. Non -motorized recreational boating facilities should be
encouraged as long as they are compatible with other uses and
the natural environment.
27
%w -tine A - Rlements
4.5 SHORELINE USE ELEMENT
This is an element for considering:
1. The pattern of distribution and location requirements of land uses on shorelines and adjacent
areas, including, but not limited to, housing, commerce, industry, transportation, public
buildings and utilities, agriculture, education and natural resources.
2. The pattern of distribution and location requirements of water uses including, but not limited
to, aquaculture, recreation, and transportation.
GOAL: Uses which are non -water -oriented, or which may adversely affect the shoreline,
should be minimized.
Rec.M3t'0M1 uI�
(rnthWSJ )
Figure 4.5 Uses which enhance the natural amenities of the shoreline.
28
Objective 1: Promote agricultural and other open space uses.
Policy:
Kent Shoreline Master Program
1. Support applications for current use taxation for those
agricultural and open space uses along the shoreline through
Chapter 84.34 RCW.
Objective 2: Promote uses which preserve and enhance the natural amenities
of the shorelines.
Policies:
1. Uses and activities in unique or fragile areas should be
discouraged unless measures can be satisfactorily undertaken
to mitigate all related adverse impacts.
2. Preference should be given to those uses or activities which
enhance the natural amenities of the shorelines and wetlands
and which depend on a shoreline location or provide public
access to the shoreline.
Objective 3: Promote diverse recreational development and use.
Policies:
1. The City should encourage the incorporation of public
recreational uses into shoreline developments.
2. Multiple uses of shorelines, especially recreational uses, should
be planned, where location and integration of compatible uses
or activities are feasible.
Objective 4: Provide and plan for the long-range relocation of existing non -
recreation, non -open space and non -water -related uses.
Policy:
1. Those uses or activities identified as non -recreational, non -open
space and non -water -oriented should be encouraged to relocate.
29
Section 4.0 - Elements
4.6 CONSERVATION ELEMENT
This is an element for the preservation of the natural shoreline resources, considering such
characteristics as scenic vistas, parkways, estuarine areas for fish and wildlife protection,
beaches and other valuable natural or aesthetic features.
GOAL: Natural resources of the shoreline should be preserved and restored.
Objective 1: Preserve and restore the remaining natural resources of the
shoreline such as wildlife habitats, fishery resources, wetlands,
beaches, natural vegetation and other fragile elements.
WI
I To
u.� 4„
Figure 4.6 Wetlands provide habitat for wildlife.
Policies:
1. Aquatic habitats and spawning grounds should be protected,
improved and increased.
2. Wildlife habitats should be protected, improved, and increased.
3. Wetlands should be protected and restored.
4. Stream bed disturbance should be avoided or minimized.
30
Kent Shoreline Master Program
5. Additional riverbank protection (wet side) should be sloped to
allow escapement of fish after high water.
Objective 2: Preserve areas of scenic and aesthetic qualities of the shoreline.
Policy:
1. Prohibit development in unique and fragile areas.
Objective 3: Prevent further deterioration of water quality and require water
quality improvement.
Policies:
1. No untreated effluent or other pollutants should be discharged
into the river.
2. The City and other government agencies should aggressively
enforce all governmental water quality regulations.
Objective 4: Promote the restoration of the shoreline to a natural aspect.
Policies:
1. Streambank protection works (wet side) should be limited to
those areas where existing structures are endangered by bank
erosion.
2. Encourage the re-establishment of natural vegetation along the
shoreline.
3. Prevent the cutting of trees and natural vegetation along the
river unless necessary for public safety or public access and
levee maintenance.
4.7 HISTORICAL/CULTURAL ELEMENT
GOAL: Preserve features of archaeological, historical, cultural and educational
significance.
Objective 1: Identify features of archaeological, historical, cultural and
educational value.
31
Section 4.0 -Elements
Policy:
1. Encourage local institutions to discover, assess and catalog
historic and cultural sites.
Objective 2: Encourage and provide for the preservation, restoration,
development and interpretation of historical, cultural and
educational sites.
MAAaoLI��VInt'
UQ
IJ
Figure 4.7 Riverboat landings are of historical significance.
Policies:
1. Shoreline areas having archaeological, historical, cultural,
educational or scientific value should be designated, acquired,
protected, and restored.
32
Kent Shoreline Master Program
2. Access to historic and cultural sites should be made available
to the general public, when consistent with the protection of
the sites.
3. Public and private cooperation should be encouraged in site
preservation and protection.
4. Information in the form of signs or other interpretation of
historic and cultural features should be provided, when
consistent with the protection of the features.
Objective 3: Prevent the destruction of features of potential archaeological,
historical, cultural and educational significance.
Policies:
1. The City may restrict the development of suspected significant
sites and newly discovered sites for up to two months so that
their significance can be determined.
2. Significant sites should be a high priority for acquisition by the
City.
4.8 FLOOD CONTROL ELEMENT
This is an element for the location and design of flood control works on the shorelines.
GOAL: Ensure future flood control works are in the public benefit.
Objective 1: Investigate the necessity of proposed flood control works.
Policy:
1. A flood control project proposal should be based on a thorough
analysis of the potential impacts on the shoreline, and an
examination of alternative measures, for example, control or
reduction of surface water runoff.
Objective 2: Require that flood control works are designed for multiple
uses.
33
%-vtinn 4.0 - Elements
Figure 4.8 Flood control works can be combined with public access and open space buffers.
Policies:
1. Public access to the flood control works should be acquired
prior to construction.
2. Flood control projects should be designed to maximize open
space elements which are not subject to extensive flood
damage, such as parks and agriculture.
3. Flood control projects should be designed to provide diverse
public recreational opportunities, such as fishing, swimming,
boating, birdwatching, viewing, etc.
4. Flood control works should be designed and managed to avoid
or minimize negative impacts, and enhance and restore the
natural environment and wildlife habitat.
5. Flood control projects should be designed, landscaped and
planted to maximize a natural shoreland appearance, fish and
wildlife habitat values, public access, and public recreation.
34
Kent Shoreline Master Program
5.0 GENERAL PERFORMANCE STANDARDS
General performance standards apply to all activities and uses within the shoreline. These
standards carry out the policies expressed in the Elements of the Kent Shoreline Master Program
and the policies found in the Shoreline Management Act.
5.1 SHORELINES OF STATE-WIDE SIGNIFICANCE
The Shoreline Management Act of 1971 designated certain shoreline areas as shorelines of state-
wide significance. These are shorelines which benefit all people in the state, and therefore,
preference is to be given to uses which favor public and long-range goals. Within Kent, the
Green River and its associated wetlands are considered a shoreline of state-wide significance.
Figure 5.1 The Green River - Shoreline of State -Wide Significance.
RCW 90.58.020 requires that local governments, in developing master programs for shorelines
of state-wide significance, give preference to the following uses, in the descending order of
preference:
35
Section 5.0 - General Performance Standards
1. Recognize and protect the state-wide interest over local interest.
2. Preserve the natural character of the shoreline.
3. Result in long-term over short-term benefit.
4. Protect the resources and ecology of the shoreline.
5. Increase public access to publicly owned areas of the shorelines.
6. Increase recreational opportunities for the public on the shoreline.
The following development guidelines shall be applied to proposals in shorelines of statewide
significance, in addition to any other applicable performance standards in this Program:
Recognize and protect the state-wide interest over local interest
Solicit comments and opinions from groups and individuals
representing state-wide interests by circulating proposed master
program amendments and uses for review and comment by state
agencies, adjacent jurisdictions' citizen advisory committees, and state-
wide interest groups.
2. Recognize and take into account state agencies' policies, programs and
recommendations in developing and administering use regulations.
3. Solicit comments, opinions and advice from individuals with expertise
in ecology, oceanography, geology, limnology, aquaculture and other
scientific fields pertinent to shoreline management.
Preserve the natural character of the shoreline
1. Designate and administer shoreline environments and use regulations
to minimize damage to the ecology and environment of the shoreline,
and to enhance and restore degraded natural resources.
2. Where intensive development already occurs, upgrade and redevelop
those areas to reduce their adverse impact on the environment and to
accommodate future growth rather than allowing high intensity uses to
extend into low intensity use or underdeveloped areas.
3. Ensure that where commercial timber -cutting is allowed as provided
in RCW 90.58.150, reforestation will be possible and accomplished as
soon as practicable.
4. Protect and preserve existing marshes, bogs and swamps and riparian
corridors associated with shoreline areas.
36
Kent Shoreline Master Program
Result in long-term over short-term benefit
1. Evaluate the short-term economic gain or convenience of developments
relative to the long-term and potentially costly impairments to the
natural shoreline.
2. Preserve shorelines of state-wide significance for future
generations, and restrict or prohibit development that would
damage shoreline resources.
3. Encourage restoration of the natural character of the shoreline in
developed areas.
4. Actively promote aesthetic considerations when contemplating new
development, redevelopment of existing facilities or the general
enhancement of shoreline areas.
Protect the resources and ecology of the shoreline
1. Leave undeveloped those areas which contain unique or fragile natural
resources.
2. Prevent erosion and sedimentation that would alter the natural function
of the water system. In areas where erosion and sediment control
practices will not be effective, excavations or other activities which
increase erosion are to be severely limited.
3. Restrict or prohibit public access into areas when necessary to protect
the resources and ecology of the shoreline.
4. Minimize development activity that will interfere with the natural
functioning of the shoreline ecosystem.
5. All shoreline development should be located, designed, constructed
and managed to avoid disturbance of and minimize adverse impacts to
fish and wildlife resources, including migratory routes, spawning,
nesting, rearing, and habitat areas. Wildlife habitats and sanctuaries
should be included as part recreational developments.
6. Preserve environmentally sensitive areas for use as open space or
buffers.
7. Encourage the restoration of presently degraded wetland areas.
37
Section 5.0 - General Performance Standards
Increase public access to publicly owned areas of the shorelines
1. Give priority to developing paths and trails to shoreline areas.
2. Locate development landward of the ordinary high water mark to that
access is enhanced.
Increase recreational opportunities for the public on the shoreline
1. Plan for and encourage development of facilities for recreational use
of the shorelines.
2. Reserve areas for lodging and related facilities on uplands well away
from the shorelines with provisions for non -motorized access to the
shorelines.
5.2 ARCHAEOLOGICAL AND HISTORIC RESOURCES
1. No development shall be undertaken with regard to a site or structure
that has probable historical, scientific, or archaeological significance
until an evaluation of the site or structure has been made by an
authority judged competent in such matters by the City of Kent. The
City shall identify a competent authority within one month of
discovery of the site or structure.
5.3 CLEAR
Figure 5.2 Clearing and Grading shall be minimized.
38
Kent Shoreline Master Program
1. All clearing and grading activities shall be limited to the minimum
necessary for the intended development.
2. Clearing and grading activities shall be allowed only when associated
with a permitted shoreline development. Upon completion of
construction, remaining cleared areas shall be replanted with native
vegetation or other plantings approved by the Administrator.
3. No cutting, damage, or removal of trees over four (4) inches in caliper
(as measured twelve (12) inches above their mean ground elevation)
will be permitted prior to the submittal and approval of a site-specific
tree plan and mitigation proposal. The tree plan must be drawn to
scale, and shall indicate the precise location of all trees of four -inch
caliper on the shoreline portion of the site in relation to proposed
development. The mitigation proposal must provide for the
replacement and maintenance of any trees removed. The developer
may be required to replace trees at a greater than 1:1 ratio.
4. Uses shall avoid adversely affecting any other natural vegetation in the
shoreline unless necessary for public safety or public access, or
otherwise clearly in the public benefit. Normal pruning and trimming
of vegetation for maintenance purposes shall not be subject to this
regulation. Clearing of invasive non-native shoreline vegetation or
plants listed on the state noxious weed list is permitted in the shoreline
if native vegetation is promptly re-established in the disturbed area.
39
Section 5.0 - General Performance Standards
5.4 ENVIRONMENTAL IMPACTS
1. The location, design, construction and management of all shoreline
development shall protect the quality and quantity of surface and
ground water adjacent to the site and shall adhere to the guidelines,
policies, standards and regulations of applicable water quality
management programs and regulatory agencies.
2. All shoreline development shall utilize effective erosion control
methods during project construction and operation.
Figure 5.4 A natural fiber mat stabilizes slopes and allows natural vegetation to permeate.
40
Kent Shoreline Master Program
3. All shoreline development shall be located, designed, constructed and
managed to avoid disturbance of and minimize adverse impacts to fish
and wildlife resources, including spawning, nesting, rearing and
habitat areas and migratory routes. Where a development cannot
avoid such disturbance or impact, the developer shall be required to
mitigate the impacts of such disturbance or impact.
Figure 5.5 Impacts to wildlife habitats shall be minimized.
41
Section 5.0 - General Performance Standards
4. The application of fertilizers, herbicides and pesticides shall be
prohibited within one hundred (100) feet landward of the OHWM.
Fertilizers, herbicides and pesticides shall not be applied or allowed
to directly enter water bodies or marshes, bogs or swamps.
Figure 5.6 Fertilizers, pesticides and herbicides are prohibited within 100 feet of OHWM.
5.5 ENVIRONMENTALLY SENSITIVE AREAS
1. Development in or adversely affecting unique and fragile areas is
prohibited, unless it can be clearly demonstrated that the values and
functions of the areas will increase as a result of the development.
The Administrator may require that any mitigation measures associated
with such development be fully implemented prior to development.
2. Development located in or that adversely affects sensitive areas,
including marshes, bogs, swamps, fish and wildlife habitats, migratory
routes, spawning areas, scenic vistas, and unstable bluffs shall be
avoided or minimized.
42
Kent Shoreline Master Program
3. When a development site encompasses environmentally sensitive areas,
these features shall be left intact and maintained as open space or
buffers. All development shall be set back from these areas to prevent
hazardous conditions and property damage, as well as to protect
valuable shore features.
T_ ?,A.r
Figure 5.7 Environmentally sensitive areas shall be maintained as open space buffers.
5.6 MARSHES, BOGS AND SWAMPS
The following standards shall apply to all marshes, bogs and swamps within the jurisdiction of
the Kent Shoreline Master Program. For purposes of this section only, the terms "wetland" and
"wetlands" refer to marshes, bogs and swamps.
1. Wetlands within the jurisdiction of the Kent Shoreline Master Program
are resources of local and state-wide significance. These wetlands
shall be mapped and shall be considered for designation as
Conservancy lands.
2. City staff shall consider the impacts of shoreline development on
wetlands.
4. Adverse impacts to wetlands shall be avoided, unless it can be shown
that the impact is both unavoidable and necessary.
5. Where adverse impacts to wetlands are unavoidable and necessary, the
impacts shall be minimized by appropriate mitigation and monitoring.
The goal of mitigation is to ensure no overall net loss of wetland
43
Section 5.0 - General Performance Standards
functions, values, types and acreage. Mitigation shall achieve
adequate replacement ratios, taking into consideration the unproven
nature of enhancement and replacement technologies, and the
possibility that the benefits of mitigation may not be immediately
available. As a guide, City staff should consider the replacement
ratios suggested by the Department of Ecology's Model Wetlands
Ordinance (September 1990).
6. Any proposed mitigation or enhancement shall: (1) be contiguous
with the affected or altered wetland, unless this would result in a
lower replacement ratio of types, functions, values and acreage; and
(2) in general, avoid the use of unique and fragile areas, agricultural
lands or any other protected areas for mitigation.
7. Where there are wetlands on the site of a proposed development, the
Administrator shall require the following:
a. A wetlands report prepared at the applicant's expense by a
consultant chosen from the City's list of qualified wetlands
consultants or otherwise approved by the Administrator.
b. The report shall include the following:
1. A description of the methodology used to conduct the
study;
2. A delineation of any wetlands, including wetland edges,
on the site, using the Federal Manual for Identifying
and Delineating Jurisdictional Wetlands, 1989;
3. An identification of the functions, values and types of
wetlands on site, and a description of how they relate
to wetlands off-site;
4. A classification of the wetland according to the rating
categories described in the King County Wetlands
Inventory, 1983;
5. An assessment of the proposal's potential impacts on
the functions and values of the wetlands; and
6. A mitigation plan, if construction in the wetland or any
other impacts or alterations to the wetland are
proposed. The plan must identify whether avoidance of
the wetland is possible; whether filling is proposed; the
replacement ratio; and the specific mitigation and
monitoring measures proposed.
44
Kent Shoreline Master Program
c. In addition to mapping the wetlands and edges, the edges shall
be marked in the field.
d. Upon receipt and verification of the report by City staff and/or
the Department of Ecology, City staff shall review the report
and the proposed mitigation plan against the regulation in
paragraph 6 above. The following buffer and setback areas are
recommended, unless alternative buffers and setbacks will, in
the opinion of the Shoreline Administrator, provide an
equivalent level of protection for wetlands:
1. Class 1 wetlands - 100 -foot undisturbed buffer of native
vegetation;
2. Class 2 wetlands - 50 -foot undisturbed buffer of
native vegetation;
3. Class 3 wetlands - 25 -foot undisturbed buffer of native
vegetation.
For all classes of wetlands, a minimum setback line of 15 feet
shall be required from any road, parking area, or other impervious
surface, and the edge of the wetland buffer. Other activities that
may have an adverse impact on the wetland may be prohibited in
the setback area, for example, the use of pesticides or fertilizers.
8. The Shoreline Administrator shall condition shoreline permits in
accordance with the results of the process outlined above. All projects
which adversely affect wetlands shall require a conditional use permit.
9. Implementation of mitigation plans. City staff shall take any steps
necessary to ensure that mitigation plans are fully implemented. Such
steps may include, but are not limited to:
a. Requiring a cash mitigation bond to be posted by the applicant
or other adequate security that will ensure implementation of
the mitigation plan;
b. Ensuring that the approved mitigation plan and bond are in
place prior to any construction plan approval (that is, filling
and grading permits, engineering plans, etc.). City staff
should also ensure that the mitigation plan is implemented prior
to final project approval (for example, issuing the Certificate
of Occupancy, final plan approval, etc.);
c. Ensuring that there is adequate inspection and monitoring of
the mitigation both during and after the construction phase;
45
Section 5.0 - General Performance Standards
d. Utilizing all available authority to ensure the long-term success
of the proposed mitigation, including enforcement or other
legal action as necessary; and
e. Any other appropriate measures.
5.7 PUBLIC ACCESS
1. A public access easement or land dedication shall be granted on land
located within shoreline jurisdiction, beginning at the OHWM, and
extending landward to a point at least fifty (50) feet from the
centerline of an existing dike or fifty (50) feet from the OHWM where
there is no existing dike, whichever is the greatest distance inland.
FJ3
b.
Figure 5.8 Public access easements (a) from the dike or (b) from the 01".
46
Kent Shoreline Master Program
2. Public access provided by shoreline street ends, public utilities and
rights-of-way shall not be diminished.
3. One twenty (20) foot wide public pedestrian/bicycle access from a
public road to the riverfront shall be provided for every one thousand
(1,000) feet of river frontage or scenic drive frontage.
1000
Figure 5.9 Public access to the riverfront shall be provided every 1000 feet.
4. One off-street public parking space shall be provided for every 175
feet of river frontage or scenic drive frontage. Parking shall
conform to any applicable standards in this Master Program or
other City requirements. In lieu of providing such parking, the
Administrator may allow the developer to meet this requirement
through payment or by development of additional public access.
5. In review of all shoreline permits, public access in addition to that
required above shall be considered. Provisions for such public access,
which may include recreational opportunities, shall be incorporated
into a shoreline development, unless the applicant demonstrates that
one or more of the following provisions apply:
47
Section 5.0 - General Performance Standards
Figure 5.10 Public access.
a. significant environmental harm will result from the public
access, which cannot be mitigated;
b. unavoidable health or safety hazards to the public exist
which cannot be prevented by any practical means;
c. inherent security requirements of the use cannot be
satisfied through the application of alternative design
features or other solutions;
d. the cost of providing the access, easement, or an
alternative amenity is unreasonably disproportionate to
the total long-term cost of the proposed development;
e. significant undue and unavoidable conflict between
any access provisions and the proposed use and/or
adjacent uses would occur and cannot be mitigated.
6. All public access points shall be provided through an easement,
covenant or similar legal agreement recorded with King County.
5.8 VIEW PROTECTION
1. Except for existing or future arterial and freeway crossings, the
following shall apply: Shoreline development shall avoid blocking,
reducing, or adversely interfering with the public's visual access to the
48
Kent Shoreline Master Program
water or shorelines.
2. Visual access shall be provided and maintained in a manner consistent
with this Program's requirements for preservation of trees and natural
vegetation.
3. Development on or over the water shall be constructed as far landward
as possible to avoid interference with views from surrounding
properties to the shoreline and adjoining waters.
Figure 5.11 Viewing platform.
5.8 OTHER STANDARDS
1. Loading docks shall not be located on river -facing sides of buildings.
49
Section 5.0 - General Performance Standards
Figure 5.12 Loading docks shall not face the river.
2. Building lengths facing the Green River shall be limited to two
hundred (200) feet.
no
7tC.GG95 I �
ZCO _
�Ub�iL Ar-CC6S
Figure 5.13 Buildings fronting the river are limited to 200 feet in length.
3. Except for bridge structures associates with arterial or freeway river
crossings, no structure shall exceed two stories or twenty-five feet in
height, except that telephone or transmission poles may be permitted
as conditional uses.
50
Kent Shoreline Master Program
i
-7r otlww
� I
.:r I
Figure 5.14 Building height is limited to two stories or twenty-five feet.
4. Landscape screening and buffer strips shall be planted so as to be
harmonious with those already planted on adjacent properties and
consistent with any other applicable landscaping requirements.
I
r
Figure 5.15 Landscape buffers.
5. Any water -dependent portion of the development shall be minimized
and clustered along the shoreline.
51
Section 5.0 - General Performance Standards
Figure 5.16 Water -dependent uses shall be minimized.
6. Surface drainage facilities such as drainage channels and retention
areas shall be designed, where feasible, to be integral parts of any
common trail and open space system connections to the riverfront.
Figure 5.17 Drainage facilities can be integrated into open space systems.
7. There shall be no over -water structure unless it is demonstrated that
such structure is needed to protect or promote the public interest, or
will enhance public access and enjoyment of the shoreline.
52
Kent Shoreline Master Program
Figure 5.18 The Meeker foot bridge enhances public access along the shoreline.
Where a need for an over -water crossing has been demonstrated, such crossing shall (a) provide
or allow for a safe pedestrian access under the bridge wherever the bridge crosses a potential
river trail route identified in the Kent Green River Corridor Plan (1980); and (b) in the case of
public roads, provide a safe pedestrian river crossing having a width of no less than six (6) feet.
53
Section 6.0 - Specific Shoreline Use Policies and Performance Standards
6.0 SPECIFIC SHORELINE USE POLICIES AND
PERFORMANCE STANDARDS
6.1 AGRICULTURE
Agriculture includes the cultivation of soil, production of crops, or the raising of livestock.
Policies:
1. Agricultural lands should be protected from incompatible
patterns of development.
2. The scenic beauty of natural shorelines as well as the
historic value of many rural agricultural landscapes should
be protected in agricultural development.
3. The creation of new agricultural lands by diking, draining
or filling marshes, bogs or swamps should be prohibited.
Performance Standards:
1. Erosion control measures shall conform to guidelines and
standards established by the U.S. Soil Conservation Service
the U.S. Department of Agriculture.
2. Pesticides shall be used, handled, and disposed of in
accordance with the provisions of the Washington State
Pesticide Application Act, Ch. 17.21 RCW, and the
Washington State Pesticide Act (Ch. 15.57 RCW) to
prevent contamination and sanitation problems.
3. Livestock waste shall be disposed of in a manner that will
prevent surface or groundwater contamination.
4. Manure lagoons shall maintain a minimum one hundred
foot setback from any water body, river, creek, marsh, bog
or swamp, and if located in the floodplain shall be
constructed to an elevation one foot above the base flood
level occurring at the site, and if possible, adequately
covered.
54
Kent Shoreline Master Program
5. Manure spreading shall be set back from the shoreline a
sufficient distance, no less than twenty five (25) feet from
the floodway boundary, edge of a marsh, bog or swamp,
or OHWM, whichever is furthest, to prevent animal wastes
from entering water bodies or wetlands adjacent to water
bodies.
Limit for
rrrarr.t+e
Manures Gr�S
L�ocn,
above, base I
Floed lcvoci. I i
I i 2e
I �
I
Figure 6.1 Manure lagoons shall be at a minimum 100 feet from OHWM.
Manure spreading shall not occur within 25 feet of the OHWM.
6. A permanent buffer strip of natural vegetation, or planted
permanent native vegetation, no less than twenty (20) feet
in width, shall be maintained between any tilled or pasture
area and the ordinary high water mark of the river, the
edge of any marsh, bog or swamp, or floodway edge,
whichever is greater.
6.2 AQUACULTURE
Aquaculture includes the farming or culturing of food fish, shellfish or other aquatic plants or
animals.
Performance Standard:
1. All aquaculture shall be permitted only as a conditional
use.
55
Section 6.0 - Specific Shoreline Use Policies and Performance Standards
6.3 COMMERCIAL DEVELOPMENT
Commercial development includes uses and facilities that are involved in wholesale and retail
trade or business activities.
Performance standards:
1. For commercial uses, the building setback line shall be a
minimum distance of two hundred (200) feet from the
OHWM. Parking facilities associated with such uses are
subject to the setback requirement contained in the specific
performance standards for PARKING FACILITIES.
OV)d Flay 5 i cal
Figure 6.2 Commercial buildings shall be set back a minimum of 200 feet from OHWN4.
56
Kent Shoreline Master Program
2. Building setback lines shall take into account the need for
visibility of the riverfront park system from public roads at
access points.
Figure 6.3 Commercial development should be configured to allow visual and physical access to the riverfront
park and trail system.
3. The City shall require and utilize the following information
in its review of commercial development proposals:
a. Whether the activity is water -dependent, water -
related, water -enjoyment, non -water -oriented or
mixed-use;
b. The need for the shoreline location;
C. Special considerations for enhancing the relationship
of the activity to the shoreline;
d. Provisions for public visual and physical access to
the shoreline;
e. For mixed-use proposals, present alternative mixes
of water -oriented and non -water -oriented uses and
activities, structural locations, site designs and bulk
considerations, alternative enhancements for natural
features of the shoreline, physical and visual public
access to the shoreline (both public and private
spaces) and other considerations which address the
goals and policies of the Shoreline Master Program.
57
Section 6.0 - Specific Shoreline Use Policies and Performance Standards
4. New commercial developments shall be located adjacent to
existing or planned commercial developments which are
consistent with the provisions of this Master Program,
whenever practicable. Development proposals shall be
limited to those uses which can be classified as a water -
oriented, or a mixed use of water -oriented and non -water
oriented. Non -water -oriented development, while not
favored, may be authorized as a conditional use.
4
GIuS�'GYtol Co Gial
DulGlopwxnt• � �
road .
' ��rtsowcd
own sPakct..
Figure 6.4 New commercial development should be clustered around existing development.
6.4 DREDGING
Dredging is the removal of earth, gravel, silt or debris from the bottom of a river, stream or
other water body or associated marsh, bog, or swamp.
Performance Standards:
1. Dredging to obtain bottom materials for the purposes of
landfilling is prohibited.
2. A plan for deposit of dredged materials must be approved
by the Administrator.
58
Kent Shoreline Master Program
6.5 INDUSTRIAL FACILITIES
Industrial facilities include facilities for processing, manufacturing, fabrication or storage of
goods.
Performance Standards:
1. For industrial uses, the building setback line shall be a
minimum distance of two hundred (200) feet from the
OHWM. Parking facilities associated with such uses are
subject to the setback requirement contained in the specific
performance standards for Parking Facilities.
Knot t,-� I
Ocvc to me t
$ _
\ ViSual � �ht�sical
Figure 6.5 Industrial development shall be setback a minimum of 200 feet from the OHWM. Building lengths
are limited to 200 feet.
59
Section 6.0 - Specific Shoreline Use Policies and Performance Standards
2. Only water -dependent and water -related industries shall be
permitted in the shoreline jurisdiction.
Non -
vaaTc r oririwttd
ivWWO y.
yr -_V orie-"red
imus".
Figure 6.6 Only water -dependent and water related development are permitted within the shoreline jurisdiction.
3. Building setback lines shall take into account the need for
visibility of the riverfront park system from public roads at
access points.
4. New industrial developments shall be located adjacent to
existing or planned industrial developments which are
consistent with the provisions of this Master Program,
whenever feasible.
6.6 LANDFILL
Landfill is the placement of soil, sand, rock, gravel or the other material to create new land
along the shoreline below the OHWM, or on upland areas in order to raise the elevation.
Performance Standards:
1. The following information shall be submitted by the
applicant for landfill projects:
a. Proposed use of the landfill area;
b. Physical, chemical, and biological characteristics of
the fill material;
C. Source of the landfill material;
d. Method of placement and compaction;
e. Location of the landfill relating to natural or
existing drainage patterns;
60
Kent Shoreline Master Program
f. Location of the landfill relating to the ordinary high
water mark, or any marsh, bog, or swamp;
g. Perimeter erosion control or stabilization means,
and schedule for implementation;
h. Type of surfacing and run-off control and treatment
devices.
2. Landfills shall be permitted only where it is demonstrated
that they will not result in the following:
a. Reduction in water quality, fish, shellfish, and/or
wildlife habitats;
b. Adverse alteration to natural drainage and
circulation patterns, currents, rivers, and tidal
flows, or significant reduction in floodwater
capacities; or
C. Adverse alteration of geological processes along the
shoreline.
3. The fill shall be the minimum necessary to accomplish the
proposed use. This use must have shoreline permit
approval or an exemption authorization prior to placement.
Speculative fills are prohibited.
4. Where existing public access is reduced, equivalent public
access shall be provided as part of the project.
61
Section 6.0 - Specific Shoreline Use Policies and Performance Standards
6.7 MARINAS
Marinas include facilities that provide launching, storage, supplies, moorage and other services
for ten (10) or more boats. (See also PIERS AND DOCKS).
Figure 6.7 Boat launching and associated services and supplies are permitted within the shoreline jurisdiction.
Performance Standards:
1. Marinas must be approved under Section 15.04.200 of the
Kent Zoning Code, Special Use Combining District.
2. Marinas that provide overnight or long-term moorage
facilities are prohibited.
3. Marinas shall be located, designed, constructed and
operated so as to avoid or minimize adverse effects on fish,
wildlife, water quality, scenic views, and adjacent water
uses.
4. Marinas must submit a fuel spill prevention and
contingency plan to the Administrator for approval.
62
Kent Shoreline Master Program
6.8 MINING
Mining is the removal of naturally occurring rock, sand, gravel and minerals from the earth.
Mining is prohibited in the shoreline.
6.9 PARKING FACILITIES
Parking facilities are areas for the temporary storage of motor vehicles.
Performance Standards:
1. Parking facilities shall be allowed only to serve another
permitted use.
2. Parking facilities shall be set back a minimum distance of
100 feet inland from the OHWM, or sixty (60) feet inland
from the right-of-way of a scenic and recreational drive, or
seventy-five (75) feet inland from the centerline of a dike,
whichever is greater.
rcarchr
OiSTahcc
I
I
�L
i 1
I I I 1
i I I I
I I I i
1 � I
I I
Figure 6.8 Parking is limited to the greatest distance determined by (1) 100 feet from OHWM; (2) 60 feet from
scenic road; or (3) 75 feet from centerline of dike.
63
Section 6.0 - Specific Shoreline Use Policies and Performance Standards
3. Parking facilities shall be designed and landscaped to
minimize adverse impacts and to enhance water quality,
wildlife habitat, scenic values and public access. A
minimum 50 -foot buffer of native vegetation shall be
required to screen the parking area. Other design and
landscaping requirements may be imposed by the
Administrator in order to meet the goals of the Act and the
Kent Master Program.
I \\
Figure 6.9 A minimum 50 foot buffer of native vegetation is required to screen parking areas.
64
Kent Shoreline Master Program
4. Parking facilities shall provide adequate facilities to control
surface water runoff.
Figure 6.10 Biofiltration swales provide treatment of runoff from parking areas. Lighting should be hooded or
directed to minimize glare.
5. Lighting associated with parking facilities shall be beamed,
hooded or directed to avoid causing glare on adjacent
properties or water bodies.
6.10 PIERS AND DOCKS
Piers and docks are structures which abut the shoreline and are used as a landing pr moorage
place for commercial and pleasure craft. Piers are built on fixed platforms above the water,
while docks float upon the water.
Performance Standards:
1. Piers and docks shall only be allowed as part of another
water -dependent use. Such piers and docks shall be the
minimum necessary for the purpose and removed at the
termination of the use.
2. The design, location and construction of piers and docks
shall minimize adverse effects on fish, shellfish, wildlife,
water quality, and geohydraulic processes.
3. Piers and docks shall be located, designed and operated to
minimize interference with adjacent water uses.
65
Section 6.0 - Specific Shoreline Use Policies and Performance Standards
6.11 RECREATIONAL FACILITIES
Recreational Facilities provide opportunities for relaxation, play, amusement or contemplation.
Recreational facilities include parks, trails, pathways, and areas for passive recreation such as
bird watching, photography and aesthetic enjoyment.
Poficies:
1. Recreational facilities should be developed for diverse
recreational uses.
2. Recreational facilities should provide public non -motorized
trails connecting access points.
Figure 6.11 Recreational facilities shall include non -motorized trails and access to the water's edge.
3. Recreational facilities should be designed and located to
facilitate access by public transportation.
4. Trail systems should be separated from the roadway.
5. Connections to other trails in the region should be
provided.
6. Trail linkages between access points to and along the
shoreline should be provided.
..
Kent Shoreline Master Program
7. Trail linkages should be provided as part of any new or
expanded bridges built for motor vehicles.
8. Trail system bridges should be provided where feasible and
environmentally sound.
9. Fishing areas should be provided through City or State
acquisition of property.
Figure 6.12 Fishing huts should be encouraged through acquisition of property.
Performance Standards:
1. For recreational facilities which are structures, the building
setback line shall be located a minimum of 100 feet inland
from the ordinary high water mark, or 60 feet from the
right-of-way of a scenic and recreational drive, or 75 feet
from the centerline of a dike, whichever is the greater
distance inland from the river. Parking facilities shall be
subject to the setback requirement contained in the specific
performance standards for Parking Facilities.
2. Facilities shall be designed to have a minimum impact on
the natural environment.
3. Public recreational facilities along the Green River shall
provide public access to the water's edge at a minimum of
67
Section 6.0 - Specific Shoreline Use Policies and Performance Standards
one access point per mile.
4. Public access to the water's edge shall be provided
wherever feasible.
5. Recreational facilities along the Green River shall connect
to a trail system along the entire river.
6. Facilities shall be designed to create minimum adverse
impact on adjoining property.
6.12 RESIDENTIAL DEVELOPMENT
Residential development means the creation of one or more buildings, structures, lots, parcels
or portions thereof which are used or intended to be used for residential occupancy.
Performance Standards:
1. Residential development which exceeds a density of 16
dwelling units per acre shall be a conditional use.
2. The building setback line for residential development shall
be located a minimum distance of one hundred (100) feet
inland from the ordinary high water mark, or sixty (60)
feet inland from the right-of-way of a scenic and
recreational drive, or seventy-five (75) feet inland from the
centerline of a dike, whichever is greater. Parking
facilities associated with residential development are subject
to the specific performance standards set forth in the
section on Parking Facilities.
3. Residential structures shall not be located on marshes,
bogs, or swamps. Where developments contain such areas,
they shall be used only for the purpose of parks, open
space or recreational activity which is consistent with the
preservation of the marsh, bog or swamp.
6.13 SHORE DEFENSE WORKS
Shore defense works include structures and modifications for the purposes of flood protection
and stabilizing the banks of streams, including jetties and groins.
68
Kent Shoreline Master Program
Performance Standards:
1. Such works shall be limited to those areas where structures
are endangered by bank erosion.
2. Such works shall provide for escapement of fish after high
water.
r�Ks -ice p►�'"rt
Figure 6.14 Racks can be used in shore defense works to prevent trapping fish after high water.
3. All flood control projects shall:
a. avoid or minimize adverse effects on the natural
features of the shoreline and on wildlife habitat and
movement; and
b. be designed, landscaped and planted to maximize a
natural shoreline appearance, public access and
public recreation.
4. Riprapping shall be allowed only when the Administrator
determines that existing structures are threatened. The
applicant shall be required to revegetate the area affected
by the riprapping.
5. If a dike or levee is altered, the landward sideslope of the
dikes or levees shall not exceed 3:1 (three feet horizontal
for every one foot vertical).
69
Section 6.0 - Specific Shoreline Use Policies and Performance Standards
a1+6YGd p iyr— OY ifwm
yyt cij ream �ial� sb�x
Figure 6.15 Sideslopes of altered dike shall not exceed 3:1.
6. If a dike or levee has been altered, the landward sideslope
of the dikes and levees shall be covered with at least twelve
(12) inches of topsoil and permanently revegetated.
7. If public funds are used in the construction of flood control
works, including dikes, levees, and flood walls, public
rights -of -access to such works are required prior to
construction.
70
Kent Shoreline Master Program
6.14 SIGNS
For the purposes of the Shoreline Master Program, signs include any structure, device, letter,
figure, character, poster, picture, trademark or reading matter which is used or designed to
announce, declare, demonstrate, display or otherwise identify or advertise, or attract the
attention of the public. Signs do not include official notices, direction, warning or information
signs authorized by a court, federal, state or municipal authority.
Policy:
1. Vistas and viewpoints should not be degraded and visual
access to the water from such vistas should not be impaired
by the placement of signs.
t
Figure 6.16 Signage should be designed to minimize the impact on vistas and viewpoints.
Performance Standards:
1. The following signs are prohibited in the shoreline:
a. Off -premise signs and billboards;
b. Banners, streamers, pennants and balloons;
C. Animated, blinking or flashing signs.
71
Section 6.0 - Specific Shoreline Use Policies and Performance Standards
2. Lighted signs shall be hooded, shaded, or aimed so that
direct light will not result in glare when viewed from
surrounding properties or watercourses.
6.15 SOLID WASTE DISPOSAL
Solid waste disposal is prohibited within the shoreline.
6.16 TRANSPORTATION FACILITIES
Transportation facilities include passageways for motorized vehicles or trains, including but not
limited to such devices as bridges, trestles, ramps or culverts.
Performance Standards:
1. New rail lines are prohibited within the shoreline.
2. Along the Green River shoreline:
a. roads shall be limited to two lanes;
b. roads shall be developed as scenic boulevards for
slow-moving traffic;
C. roads shall provide a trail system separated from the
roadway;
d. all lots and buildings must have road access without
using scenic and recreational roads as defined by
the Green River Corridor Plan;
e. development shall not include street connections to
scenic and recreational roads;
f. development shall not force or encourage traffic
from the proposed development to use a scenic or
recreational road for access; and
g, development shall not force or encourage property
outside the proposed development to use a scenic or
recreational road for access.
72
Kent Shoreline Master Program
111111i1U�1111111111 i' '�� _ �
Figure 6.17 Access to and from development shall not include connections to scenic and recreational roads.
3. Whenever feasible, road routes shall make provisions for
pedestrian and bicycle traffic.
4. Mechanical apparatus, rather than chemicals, shall be used
for brush clearing maintenance unless it is demonstrated
that no feasible alternative exists.
6.17 UTILITIES
Utilities are services or facilities which produce, transmit, or carry electric power, gas, sewage,
communications, water and oil.
Performance Standards:
1. Utilities shall be installed underground, unless the applicant
clearly demonstrates that this is not feasible.
2. Utilities shall be installed adjacent to or within existing
utility or circulation easements or rights-of-way whenever
feasible.
3. Upon completion of installation or maintenance projects,
banks shall be restored to a suitable configuration and
stability, replanted with native species, and provided with
maintenance care until the newly planted vegetation is
established.
73
Section 7.0 -Administration
7.0 ADMINISTRATION
7.1 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.
7.2 SUBSTANTIAL DEVELOPMENT
Any person wishing to undertake substantial development within the shoreline shall apply to the
Administrator for a shoreline substantial development permit.
Development is defined by RCW 90.58.030(d) to mean a use consisting of the construction or
exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand,
gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of
a permanent or temporary nature which interferes with the normal public use of the surface of
the waters overlying lands subject to the Act at any state of water level.
Substantial development is any development of which the total cost or fair market values exceeds
two thousand five hundred dollars ($2,500.00) or which materially interferes with the normal
public use of the water or shorelines of the state, except for those developments listed in WAC
173-14-040.
7.3 EXEMPTIONS
Certain developments are exempt from the requirement to obtain a substantial development
permit. Such developments may still require a variance or conditional use permit, and all
development within the shoreline is subject to the requirements of the Shoreline Master Program,
regardless of whether a substantial development permit is required. Developments which are
exempt from requirement for a substantial development permit are described at RCW
90.58.030(3)(e) and WAC 173-14-040.
Whenever a development is determined to be exempt from the requirement for a substantial
development permit and the development is subject to a U.S. Army Corps of Engineers Section
10 or Section 404 Permit, the Administrator shall prepare a Letter of Exemption in accordance
with WAC 173-14-115, and shall transmit a copy to the applicant and the Washington State
Department of Ecology.
74
Kent Shoreline Master Program
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.
7.4 PERMIT PROCESS
7.4.1 The Administrator shall provide the necessary application forms for shoreline
substantial development, variance and conditional use permits.
7.4.2 Public notice. Upon receipt of a proper application for a permit, the Administrator
shall instruct the applicant to publish notices thereof at least once a week on the same
day of the week for two consecutive weeks in a newspaper of general circulation
within the area in which the development is proposed. An affidavit of publication
shall be transmitted by the applicant to the local government and affixed to the
application. In addition to publishing, the applicant will be required to provide
additional notice by one of the following methods: (1) mailing notice to the latest
recorded real property owners as shown by the records of the county assessor within
at least three hundred feet of the boundary of the property upon which the substantial
development is proposed, (2) posting of the notice in a conspicuous manner on the
property upon which the project is to be constructed, or (3) any other manner
deemed appropriate by the Administrator to accomplish the objectives of reasonable
notice to adjacent landowners and the public.
All such notices shall include a statement that within thirty days of the final
publication of notice, any interested person may submit his/her views upon the
application in writing to the Administrator or notify the Administrator of his/her
desire to receive a copy of the action taken upon the application. All persons who
notify the Administrator of their desire to receive a copy of the final order shall be
notified in a timely manner of the action taken upon the application.
7.4.3 Application review. The Administrator shall make decisions on applications for
substantial development permits, and recommendations on applications for
conditional use or variance permits based upon: (1) the policies and procedures of
the Shoreline Management Act and related sections of the Washington Administrative
Code; and (2) the Kent Shoreline Master Program.
7.4.4 Administrator action. The Administrator shall make decisions on applications for
substantial development permits. All such decisions shall be in writing, and shall
be issued no sooner than 45 days from the time of the application.
75
Section 7.0 -Administration
7.4.5 Public hearings. The Administrator shall schedule a public hearing before the Kent
Hearing Examiner on an application for a conditional use or variance permit.
Notices of the hearing shall include a statement that any person may submit oral or
written comments on the application at the hearing. The minimum time from the
date of application to the date of the hearing is 45 days.
7.4.6 Hearing Examiner action. The Hearing Examiner shall review an application for
a permit and make decisions regarding permits based upon: (1) the Kent Shoreline
Master Program; (2) the policies and procedures of the Shoreline Management Act
(ch. 90.58 RCW) and related sections of the Washington Administrative Code; (3)
written and oral comments from interested persons; and (4) the comments and
findings of the Administrator.
The Hearing Examiner will issue a written decision within fourteen days from the
date of the hearing.
7.4.7 State review. Within eight (8) days of the issuance of the written decision, the
Administrator shall transmit copies of the action taken and the application materials
to the Washington State Department of Ecology and the State Attorney General. The
applicant shall also be notified of the action taken. Where a substantial development
permit and a conditional use or variance permit are required for a development, the
actions taken on all permits will be filed concurrently with the Department of
Ecology and the State Attorney General.
Conditional use or variance permits must be approved by the Department of Ecology
before they can become effective. The department shall transmit its final decision
on such permits within thirty days of the date of submittal. Upon receipt of
Ecology's decision, the Administrator shall notify all persons having requested
notification of the decision.
7.4.8 Development pursuant to a permit shall not begin and is not authorized until thirty
(30) days from the date of filing the approved permit with the Department of
Ecology and the Attorney General, provided, all review and appeal proceedings
initiated within 30 days of the date of such filing have been terminated. In the case
of a variance or conditional use permit, the "date of filing" means the date the
Department of Ecology's final order on the permit is transmitted to the city.
7.4.9 Duration of permits. Permits may be issued with termination dates of up to five
years. Construction or substantial progress toward completion must begin within two
years after approval of the permits. The Administrator may authorize a single
extension before the end of either of these time periods, with prior notice to parties
of record and the Department of Ecology, for up to one year based on reasonable
factors.
7.4. 10 Compliance with permit conditions. When permit approval is based on conditions,
such conditions shall be satisfied prior to occupancy or use of a structure or prior to
commencement of a nonstructural activity.
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7.5 APPEALS
7.5.1 Local appeals. Any decision made by the Administrator on a substantial
development permit, or by the Hearing Examiner on a conditional use or variance
permit may be appealed by the applicant, private or public organization or individual,
to the City Council. Such appeal must be filed with the City Clerk and the
Administrator within ten days of the decision being appealed, and must be
accompanied by the required filing fee.
7.5.2 Shoreline Hearings Board. After the local appeals process has been exhausted,
persons aggrieved by the grant, denial, rescission or modification of a permit may
file a request for review by the Shoreline Hearings Board in accordance with the
review process established by RCW 90.58.180 and Ch. 173-14 WAC, and with the
regulations of the Shoreline Hearings Board contained in Ch. 461-08 WAC. The
request for review must be filed with the Hearings Board within 30 days of the date
of filing of the local permit decision with the Department of Ecology.
7.6 VARIANCE PERMITS
7.6.1 Purpose. The purpose of a variance permit is strictly limited to granting relief from
specific bulk, dimensional or performance standards set forth in the Master Program,
and where there are extraordinary or unique circumstances relating to the property
such that the strict implementation of the Master Program would impose unnecessary
hardships on the applicant or thwart the Shoreline Management Act policies as stated
in RCW 90.58.020. Construction pursuant to a variance permit shall not begin nor
can construction be authorized except as provided in RCW 90.58.020. In all
instances, extraordinary circumstances shall be shown and the public interest shall
suffer no substantial detrimental effect.
7.6.2 Application. The application process for a variance permit is described in section
7.4 above.
7.6.3 Criteria. Variance permits may be authorized provided the applicant can demonstrate
all of the following:
a. That the strict requirements of the bulk, dimensional, or performance
standards set forth in the Master Program preclude or significantly
interfere with a reasonable use of the property not otherwise
prohibited by the Master Program.
b. That the hardship described above is specifically related to the
property, and is the result of unique conditions such as irregular lot
shape, size or natural features and the application of the Master
Program, and not, for example, from deed restrictions or the
applicant's own actions.
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Section 7.0 -Administration
c. That the design of the project will be compatible with other permitted
activities in the area and will not cause adverse effects to adjacent
properties or the shoreline environment.
d. That the variance permit will not constitute a grant of special privilege
not enjoyed by the other properties in the area, and will be the
minimum necessary to afford relief.
e. That the public interest will suffer no substantial detrimental effect.
f. Variance permits for development that will be located either
water -ward of the ordinary high water mark or within marshes, bogs
or swamps, as defined in this Master Program, may be authorized
only if the applicant can demonstrate items a -e of this section, and:
(1) that the strict application of the standards set forth in this Master
Program preclude a reasonable permitted use of the property; and (2)
the public rights of navigation and use of the shorelines will not be
adversely affected by the granting of the variance.
g. In the granting of all variance permits, consideration shall be given to
the cumulative impact of additional requests for like actions in the
area. For example, if variances were granted to other developments
in the area where similar circumstances exist, the total of the
variances should also remain consistent with the policies of ch. 90.58
RCW and should not produce substantial adverse effects on the
shoreline environment.
7.7 CONDITIONAL USE PERMITS
7.7.1 Purpose. The purpose of a conditional use permit is to allow greater flexibility in
varying the application of the use regulations of the master program in a manner
consistent with the policies of RCW 90.58.020; provided that, conditional use
permits should also be granted in a circumstance where denial of the permit would
result in a thwarting of the state policies listed in RCW 90.58.020. In authorizing
a conditional use, special conditions may be attached to the permit by the City or the
Department of Ecology to prevent undesirable effects of the proposed use. Uses
which are specifically prohibited by the Master Program may not be authorized with
approval of a conditional use permit.
7.7.2 Application. The application process for a conditional use permit is described in
section 7.4 above.
7.7.3 Uses are classified as conditional uses if they are (i) designated as such elsewhere
in this Master Program or (2) consistent with the underlying shoreline environment
designation in which proposed, but not classified as permitted uses in Section 6,
Specific Shoreline Use Policies and Performance Standards.
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Kent Shoreline Master Program
7.7.4 Uses classified as conditional uses may be authorized provided that the applicant can
demonstrate all of the following:
a. That the proposed use will be consistent with the policies of RCW
90.58.020 and the policies of the Kent Master Program.
b. That the proposed use will not interfere with the normal public use of
public shorelines.
c. That the proposed use of the site and design of the project will be
compatible with other permitted uses within the area.
d. That the proposed use will cause no unreasonably adverse effects to
the shoreline environment designation in which it is to be located.
e. That the public interest suffers no substantial detrimental effect.
7.7.5 In the granting of all conditional use permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example,
if conditional use permits were granted to other developments in the area where
similar circumstances exist, the total of the conditional uses should also remain
consistent with the policies of ch. 90.58 RCW and should not produce substantial
adverse effects on the shoreline environment.
7.7.6 Uses which are not classified or set forth in the master program may be authorized
as conditional uses, provided the applicant can demonstrate, in addition to the criteria
set forth in section 7.4 above, that extraordinary circumstances preclude reasonable
use of the property in a manner consistent with the use regulations of the program.
7.7.7 Uses which are specifically prohibited by this program may not be authorized.
7.7.8 In granting any conditional use permit, consideration shall be given to the cumulative
impact of additional requests for like actions in the area.
7.8 NONCONFORMING DEVELOPMENT
7.8.1 Nonconforming development shall be defined and regulated according to the
provisions of WAC 173-14-055.
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Section 7.0 -Administration
7.9 AMENDMENTS TO THE MASTER PROGRAM
Any provision of this Master Program may be amended as provided for in chapter 90.58 RCW
and chapter 173-19 WAC. Amendments or revisions to the Master Program, as provided by
law, do not become effective until approved by the Washington State Department of Ecology.
Proposals for shoreline environment redesignations (i.e., amendments to the shoreline maps and
descriptions) must demonstrate consistency with the criteria set forth in WAC 173-16-040 and
this program.
7.10 SEVERABILITY
If any provisions of this Master Program, or its application to any person or legal entity or
parcel of land or circumstances, is held invalid, the remainder of the Master Program, or the
application of the provisions to other persons or legal entities or parcels of land or
circumstances, shall not be affected.
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8.0 ENFORCEMENT
8.1 VIOLATIONS
8.1.1 It is a violation of the Kent Shoreline Master Program for any person to initiate
or maintain or cause to be initiated or maintained the use of any structure, land
or property within the shorelines of the City of Kent without first obtaining the
permits or authorizations required for the use by this Chapter.
8.1.2 It is a violation of this Chapter for any person to use, construct, locate, or
demolish any structure, land or property within shorelines of the City of Kent in
any manner that is not permitted by the terms of any permit or authorization
issued pursuant to this Chapter, provided that the terms or conditions are
explicitly stated on the permit or the approved plans.
8.1.3 It is a violation of this Chapter to remove or deface any sign, notice, compliant
or order required by or posted in accordance with this Chapter or Chapter
12.12A.
8.1.4 It is a violation of this Chapter to misrepresent any material fact in any
application, plans or other information submitted to obtain any shoreline use or
development authorization.
8.1.5 It is a violation of this Chapter for anyone to fail to comply with the requirements
of this Chapter.
8.2 DUTY TO ENFORCE
8.2.1 It shall be the duty of the Administrator to enforce this Chapter. The
Administrator may call upon the police, fire, health or other appropriate City
departments to assist in enforcement.
8.2.2 Upon presentation of proper credentials, the Administrator or duly authorized
representative of the Administrator may, with the consent of the owner or
occupier of a building or premises, or pursuant to a lawfully issued inspection
warrant, enter at reasonable times any building or premises subject to the consent
or warrant to perform the duties imposed by the Shoreline Master Program or this
Chapter.
8.2.3 The Shoreline Master Program shall be enforced for the benefit of the health,
safety and welfare of the general public, and not for the benefit of any particular
person or class of persons.
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Kent Shoreline Master Program
8.2.4 It is the intent of the Shoreline Master Program to place the obligation of
complying with its requirements upon the owner, occupier or other person
responsible for the condition of the land and buildings within the scope of this
Program.
8.2.5 No provision of or term used in the Program is intended to impose any duty upon
the City or any of its officers or employees which would subject them to damages
in a civil action.
8.3 INVESTIGATION AND NOTICE OF VIOLATION
8.3.1 The Administrator or his/her representative shall investigate any structure,
premises or use which the Administrator reasonably believes does not comply
with the standards and requirements of the Shoreline Master Program.
8.3.2 If after investigation the Administrator determines that the Program's standards
or requirements have been violated, the Administrator shall serve a Notice of
Violation on the owner, tenant or other person responsible for the condition. The
Notice of Violation shall provide:
a. A description of the specific nature, extent and time of
violation and the damage or potential damages; and
b. A notice that the violation or the potential violation must
cease and desist or, in appropriate cases, the specific
corrective action to be taken within a given time; and
C. A notice that the required corrective action shall include,
if appropriate, but shall not be limited to, mitigating
measures such as restoration of the area and replacement of
damaged or destroyed trees.
8.3.3 The Notice shall be served upon the owner, tenant or other person responsible for
the condition by personal service, registered mail, or certified mail with return
receipt requested, addressed to the last known address of such person. If, after
a reasonable search and reasonable efforts are made to obtain service, the
whereabouts of the person or persons is unknown or service cannot be
accomplished and the Administrator makes an affidavit to that effect, then service
of the Notice upon such person or persons may be made by:
a. Publishing the Notice once each week for two (2)
consecutive weeks in the City's official Newspaper; and
b. Mailing a copy of the Notice to each person named on the
notice of violation by first class mail to the last known
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address if known, or if unknown, to the address of the
property involved in the proceedings.
8.3.4 A copy of the Notice shall be posted at a conspicuous place on the property,
unless posting the notice is not physically possible.
8.3.5 The Administrator may mail, or cause to be delivered to all residential and/or
nonresidential rental units in the structure or post at a conspicuous place on the
property, a notice which informs each recipient or resident about the Notice of
Violation, Stop Work Order or Emergency Order and the applicable requirements
and procedures.
8.3.6 A Notice or an Order may be amended at any time in order to:
a. Correct clerical errors, or
b. Cite additional authority for a stated violation.
8.4 EFFECTIVE DATE
Any notice of violation issued under this Chapter which contains an order to cease and desist
shall be effective immediately upon receipt by the person to whom the Notice is directed.
8.5 TIME TO COMPLY
8.5.1 When calculating a reasonable time for compliance, the Administrator shall
consider the following criteria:
a. The type and degree of violation cited in the Notice;
b. The stated intent, if any, of a responsible party to take
steps to comply;
C. The procedural requirements for obtaining a permit to carry
out correction action;
d. The complexity of the correction action, including seasonal
considerations, construction requirements and the legal
prerogatives of landlords and tenants; and
e. Any other circumstances beyond the control of the
responsible party.
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Kent Shoreline Master Program
8.5.2 Unless a request for remission or mitigation of the penalty before the
Administrator is made in accordance with Section 8.8, the Notice of Violation
shall become the final order of the Administrator. A copy of the Notice shall be
filed with the Department of Records and Elections of King County. The
Administrator may choose not to file a copy of the Notice or Order if the Notice
or Order is directed only to a responsible person other than the owner of the
property.
8.6 CEASE AND DESIST WORK ORDER
Whenever a continuing violation of the Shoreline Master Program will materially impair the
Director's ability to secure compliance with the Program, or when the continuing violation
threatens the health or safety of the public, the Director may issue a Cease and Desist Order
specifying the violation and prohibiting any hall constitute other vColation oftivity at the 1te. A failure Shoreline Master
comply with the Cease and Des
Program.
8.7 EMERGENCY ORDER
Whenever any use or activity in violation of this Code threatens the health and safety of the
occupants of the premises or any member of the public, the Administrator may issue an
Emergency Order directing that the use or activity be discontinued and the condition causing the
threat to the public health and safety be corrected. The Emergency Order shall specify the time
for compliance and shall be posted in a conspicuous place on the property, if posting is
physically possible. A failure to comply with an Emergency Order shall constitute a violation
of the Shoreline Master Program.
Any condition described in the Emergency Order which is not corrected within the time specified
is hereby declared to be a public nuisance and the Administrator is authorized to abate such
nuisance summarily by such means as may be available. The cost of such abatement shall be
recovered from the owner or person responsible or both in the manner provided by law.
8.8 REVIEW OF PENALTY BY THE ADMINISTRATOR
8.8.1 Any person incurring a penalty imposed in a notice of violation issued by the
Administrator pursuant to Section 8.3 may obtain a review of the penalty by
making application for remission or mitigation of the penalty within fifteen (15)
days after service of the notice. When the last day of the period so computed is
a Saturday, Sunday or federal or City holiday, the period shall run until five p.m.
(5:00 p.m.) on the next business day. The application shall be in writing, and
upon receipt of the application, the Administrator shall notify all persons served
with the Notice of Violation and the complainant, if any, of the date, time and
place set for the review, which shall be not less than ten (10) nor more than
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twenty (20) days after the application is received, unless otherwise agreed by all
persons served with the Notice of Violation. Before the date set for the remission
or mitigation hearing incurring a penalty in the Notice of Violation may submit
any written material to the Administrator for consideration at the review.
8.8.2 The review will consist of an informal review meeting held at the Planning
Department offices. A representative of the Administrator who is familiar with
the case and the applicable ordinances will attend. The Administrator's
representative will explain the reasons for the Administrator's issuance of the
Notice and will listen to any additional information presented by the persons
attending. At or after the review, the Administrator may remit or mitigate the
penalty only upon a demonstration of extraordinary circumstances, such as the
presence of information or factors not considered in setting the original penalty.
The Administrator may also choose to continue to review to a date certain for
receipt of additional information.
8.8.3 The Administrator shall issue an Order of the Director containing the decision on
the penalty within seven (7) days of the date of the completion of the review and
shall cause the same to be mailed by regular first class mail to the person or
persons named on the Notice of Violation, mailed to the complainant, if possible,
and filled with the Department of Records and Elections of King County.
8.9 EXTENSION OF COMPLIANCE DATE
The Administrator may grant an extension of time for compliance with any Notice or Order
whether pending or final, upon the Administrator's finding that substantial progress toward
compliance has been made and that the public will not be adversely affected by the extension.
An extension of time may be revoked by the Administrator if it is shown that the conditions at
the time the extension was granted have changed, the Administrator determines that a party is
not performing corrective actions as agreed, or if the extension creates an adverse effect on the
public. The date of revocation shall then be considered as the compliance date.
8.10 APPEAL OF CIVIL PENALTY
8.10.1 Right of Appeal. Persons incurring a penalty imposed by the City may appeal
the same to the Shorelines Hearings Board.
8.10.2 Timing of Appeal. Appeals shall be filed within thirty days of receipt of the
Notice of Violation unless an application for remission or mitigation is made to
the Administrator. If such appeal is made, appeals must be filed within thirty
days of receipt of the Administrator's decision regarding the remission or
mitigation.
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Kent Shoreline Master Program
8.11 CIVIL PENALTY
8.11.1 Additional Relief. In addition to any other sanction or remedial procedure which
may be available, any person violating or failing to comply with any of the
provisions of this Chapter shall be subject to a cumulative penalty in the amount
of one thousand dollars ($1,000). Each permit violation or each day of continued
development without a required permit shall constitute a separate violation.
8.11.2 Persons Incurring Penalty. Any person who, through an act of commission or
omission procures, aids or abets in the violation shall be considered to have
committed a violation for the purposes of the civil penalty.
8.11.3 Penalties Due. Penalties imposed by this section shall become due and payable
thirty days after receipt of notice imposing the same unless application for
remission or mitigation is filed. Whenever an application for remission or
mitigation is made, penalties shall become due and payable thirty days after
receipt of the Administrator's decision regarding the remission or mitigation.
Whenever an appeal of a penalty is filed, the penalty shall become due and
payable upon completion of all review proceedings and upon issuance of a final
decision confirming the penalty in whole or in part.
8.11.4 Enforcement of Penalty. The penalty imposed by this section shall be collected
by civil action brought in the name of the City. The Director shall notify the
City Attorney in writing of any penalty owed the City and not paid within thirty
days after it becomes due and payable, and the City Attorney shall, with the
assistance of the Administrator, take appropriate action to collect the penalty.
8.11.5 Mitigation of Penalty. The violator may show as full or partial mitigation of
liability:
a. That the violation giving rise to the action was caused by
the willful act, or neglect, or abuse of another; or
b. That correction of the violation was commenced promptly
upon receipt of the notice thereof, but that full compliance
within the time specified was prevented by inability to
obtain necessary materials or labor, inability to gain access
to the subject structure, or other condition or circumstance
beyond the control of the defendant.
8.12 CRIMINAL PENALTIES
In addition to incurring the civil liability under Section 8.11 above, any person found to have
wilfully engaged in activities in violation of the Shore Master Program shall be guilty of a gross
misdemeanor, and shall be punished pursuant to RCW 90.58.220 by a fine of not less than
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twenty-five nor more than one thousand dollars ($25.00-$1,000.00) or by imprisonment for not
more than ninety days, or by both such fine and imprisonment: PROVIDED, that the fine for
the third and all subsequent violations in any five year period shall not be less than five hundred
nor more ten thousand dollars ($500.00-$10,000.00).
8.13 ADDITIONAL RELIEF
Any person who violates any provision of this Chapter or permit issued pursuant thereto shall
be liable for all damage to public or private property arising from such violation, including the
cost of restoring the affected area to its condition prior to violation. The Administrator may
request that the City Attorney shall bring suit for damages on behalf of the City under this
section. The Administrator may also seek legal or equitable relief to enjoin any acts or practices
and abate any condition which constitutes or will constitute a violation of the Shoreline Master
Program when civil or criminal penalties are inadequate to effect compliance.
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