HomeMy WebLinkAbout3458 Ordinance 3458
(Amending or Repealing Ordinances)
CFN=472 - Shoreline Master Program
Passed 5/4/1999
Shoreline Master Program
Repeals Ord 3056 in its entirety
{SHORELINE MASTER PROGRAM MANUAL IS IN COUNCIL FILE "#472 1990-PRESENT"}
Repealed by Ord. 3931 in its entirety
ORDINANCE NO. � 45$
AN ORDINANCE of the City Council of the City
of Kent, Washington, repealing Chapter 11.04 of the Kent
City Code and enacting a new Chapter 11.04 to adopt by
reference the new Shoreline Master Program as approved
and enacted by the Department of Ecology; and further
amending the City of Kent's comprehensive plan to include
the goals and policies of the Shoreline Master Program as an
element of the comprehensive plan.
WHEREAS,the Washington state legislature has mandated that the City
of Kent develop a Shoreline Master Program pursuant to the Shoreline Management Act,
Ch. 90.58 RC W; 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, RCW 36.70A.480 states that the goals and policies of a local
Shoreline Master Program shall be considered an element of a local government's
comprehensive plan and that all other portions of the Shoreline Master Program, including
use regulations, shall be considered part of a local government's development regulations;
and
WHEREAS, the City of Kent amended its Shoreline Master Program in
conjunction with a grant from the Washington State Department of Ecology and pursuant
to a scope of work outlined in a grant agreement between the City and the Department of
Ecology; and
1 Shoreline Master Program
WHEREAS, on December 14, 1998, the Land Use and Planning Board
held a public hearing to consider amendments to the Shoreline Master Program and
comprehensive plan; and
WHEREAS, on February 2, 1999,the City Council approved amendments
to the City's Shoreline Master Program which were submitted to the Department of
Ecology for review and approval; and
WHEREAS, after providing all required public notice and after
conducting all required public hearings,the Department of Ecology has approved the City
of Kent's latest revisions to its Shoreline Master Program; and
WHEREAS, the City's latest revision became effective under the
Department of Ecology's rule making authority pursuant to Ch. 90.58 RCW and WAC
173-26 on April 20, 1999;NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 11.04 of the Kent City Code entitled "Shoreline
Master Program" is hereby repealed in its entirety.
SECTION 2. There is hereby established a new Chapter 11.04 of the
Kent City Code entitled"Shoreline Master Program"to read as follows:
Chapter 11.04 Shoreline Master Program
Sec. 11.04.010. Adopted. The City's Shoreline Master Program, including
provisions related to permit processing and enforcement, as approved and enacted by the
State Department of Ecology pursuant to Chapter 90.58, RCW and Chapter 173-26,
WAC, is hereby incorporated by reference, as authorized by RCW 35A.12.140, as if fully
set forth herein. A copy of the Shoreline Master Program shall be filed with the City
2 Shoreline Master Program
Clerk and be made available for public inspection at the City Clerk's Office and at the
City Planning Department,
SECTION 3. Pursuant to RCW 36.70A.480, the City of Kent
comprehensive plan is hereby amended to include the goals and policies of the City's
Shoreline Master Program as an element of the comprehensive plan.
SECTION 4. -Severabilitv. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall
remain in full force and effect.
SECTION S. -Effective Date. This Ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval, and publication as provided by
law.
�/M WHITE, MAYOR
ATTEST:
S."", 1 r`
CITY CLERK-,DEPKTy
�p�t1NA SWA k/
APPROVED AS TO FORM:
R ER A. LUBOVICH, CITY A EY
3 Shoreline Master Program
PASSED: day of M/1 Y , 1999.
APPROVED: day of MA Y 51999.
PUBLISHED: rl day of MA Y ) 1999.
I hereby certify that this is a true copy of Ordinance No.3 4 5 E ,passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
,l La2a, r (SEAL)
CITY CLERK,
P:1Civi110rdinance\ahoreline man.doc D,k).)A C )A IA/ 1)EP147 1/
4 Shoreline Master Program
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 (SMP).
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.
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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 SMP. Users should also be aware of other applicable federal, state and local
laws that may apply to activities within the shoreline.
Kent SMP:Section 1.0 -introduction
May, 1999
Kent Shoreline Master Program
Regulatory Reform
In 1995, the Washington State Legislature sought to simplify and streamline the development
process for developers and local government by introducing various measures aimed at
regulatory reform. As a part of that effort, the Legislature amended RCW 36.70A.480 to require
that the goals and policies of local SMPs be integrated into local GMA comprehensive plans,
including Critical Area Ordinances (CAOs). In addition, regulations for these various documents
should be reviewed along with goals and policies to ensure that they are consistent with one
another. The clarification of these local regulations, coupled with the consolidating of various
permit processes into one single review process, is intended to improve the time required for
permit processing, the consistency of the review, and all parties' understanding of the regulations
and their respective purposes.
Kent Shoreline Jurisdiction
As defined in the Shoreline Management Act, the Kent SMP governs streams with a mean
annual flow of 20 cubic feet per second or more; lakes greater than 20 acres in size; all
shorelands; all associated wetlands within the City of Kent and its urban growth area. The area
of shoreline jurisdiction extends landward two hundred (200) feet in all directions of the ordinary
high water mark or floodway, which ever is greater, of the water body.
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Figure 1.2 Shoreline jurisdiction includes associated shoreline resources.
2 Kent SMP:Section 1.0 -Introduction
May, 1999
Kent Shoreline Master Program
In addition, the Shoreline Management Act recognizes certain larger water bodies as having
greater significance to the entire state and places a higher standard on their management. Lakes
exceeding 1,000 acres in size and rivers (in western Washington) exceeding 1,000 cubic feet per
second in mean annual flow are considered "shorelines of statewide significance." Flow data for
the Green River show that the Green River in Kent exceeds this threshold, qualifying it as a
shoreline of statewide significance.
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 Shoreline Goals, as
expressed in the eight Elements of the Program are found in Section 4.0; the elements consist of
general goals and policies that apply to all activities within the shoreline jurisdiction. General
Performance Standards are contained in Section 5.0 and_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 describes the enforcement process.
1.3 SHORELINE RESOURCES IN KENT
The City of Kent has three "shorelines of the state"that are protected under the Shoreline
Management Act: the Green River, which is also designated as a"shoreline of statewide
significance; Lake Meridian, annexed in 1996; and a small segment of Big Soos Creek
downstream from Kent-Kangley Road (State Route 516). These shorelines represent a
significant recreational and aesthetic resource for the City, as well as provide a rich natural
environment and habitat area. Kent's shoreline jurisdiction is depicted in the maps in
Appendix A.
The Green River
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. The
Green River is regionally significant due to its function as a spawning stre
am and habitat for
Chinook, coho, and chum salmon, and sea-run cutthroat and steelhead trout.
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. Most of the River has
been diked or riprapped and the resultant steep banks allow for few beaches except at low water.
Water flow averages 6,500 cubic feet per second (cfs) in the winter,with peak flows exceeding
Kent SMP:Section 1.0 -Introduction 3
May, 1999
Kent Shoreline Master Program
12,000 cfs, depending upon regulation of the Howard Hanson Reservoir upstream. Summer low
flows average less than 1,700 cfs, with flows as low as 81 cfs, depending upon the regulation of
the City of Tacoma headworks facility.' 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.
Lake Meridian
Lake Meridian, a 150 acre lake, is a valuable water resource for fish and wildlife. It has been
developed as a primarily residential lakefront community. Lake Meridian Park is located at the
southeast end of the Lake, along with a boat launch operated by the State Department of Fish and
Wildlife. The lake offers active recreational opportunities such as pleasure boating,water-
skiing, swimming, and fishing, as well as providing a location for float planes to land and take
off.
Big Soos Creek
The section of Big Soos Creek that is regulated under the Shoreline Management Act based on _
its flow characteristics is located south of Kent-Kangley Road in southeast Kent. This short span
of creek is flanked by residential uses on relatively large lots. The Big Soos is also habitat for
Chinook and coho salmon and steelhead and cutthroat trout. The portion of Big Soos Creek to
the north of the shoreline segment functions as a linear park. Soos Creek is the eastern boundary
of Kent's Potential Annexation Area (PAA).
1.4 THE ROLE OF THE SHORELINE MASTER PROGRAM IN HABITAT
PROTECTION
It is important to recognize that the one of the main purposes of the Shoreline Management
Program is to protect, preserve, and restore fish and wildlife habitats in and adjacent to streams,
rivers, and lakes within the City of Kent. In addition, it is equally important to recognize that the
aquatic resources protected by the master program, and their riparian fringes, are at the receiving
end of the watersheds within which they are located. To ensure the protection of habitat for
salmon, steelhead, and other aquatic species,policies and regulations guiding the management of
the shoreline areas must be consistent and complimentary to other watershed-based management
practices.
Surrounding land uses and other water systems can have significant impacts on the health and
viability of aquatic resources and aquatic habitat. The quality of a habitat for fish and other
aquatic organisms is the product of actions that occur within the immediate stream and river
corridor or lake shore, as well as actions that occur within the entire watershed tributary to that
stream and river corridor or lake shore.
t Water Resources Data,Washineton,Water Year 1996. US Geological Survey,Water Data Report WA-96-1•USGS Tacoma
Wash. 1997.
4 Kent SMP:Section 1.0 -Introduction
May, 1999
Kent Shoreline Master Program
Aquatic habitat is comprised of the physical structure of the stream/river channel or lake
shore/bed, and the quantity and quality of the water that flows through the channel or into the
lake. The physical characteristics of a stream/river channel or lake shore/bed that affect the
aquatic habitat depend on a variety of factors, including 1) the character of the soils and geology
in which the stream and river (or lake) is located; 2) the nature and extent of the plant community
(live and dead) associated with that stream/river(or lake); 3) the cross-sectional configuration
and gradient of the stream/river channel; 4) the amount and type of constrictions or flow
constraints (human-caused or natural) within the stream/river channel; 5) the quantity and timing
of water flowing through the stream/river channel (or into the lake); and 6) the extent of human-
caused manipulations within the stream/river corridor or lake shore. One of the key components
in fish habitat is the capability of a stream/river corridor or lake shore/bed to produce the food
organisms that are necessary to sustain the habitat. In stream/river systems, even areas not used
directly by fish are important fish habitat because of their capability to produce food organisms.
Restoration of degraded habitat in a stream/river channel or lake bed and the associated riparian
area is just as important as the protection of habitat.
As the region and Kent become involved with the Endangered Species Act, the City will need to
revisit the Shoreline Master Program.
1.5 RELATIONSHIP OF THIS SHORELINE MASTER PROGRAM TO
OTHER PLANS AND REGULATIONS
In addition to compliance with the provisions of the Shoreline Management Act of 1971, the
Kent Shoreline Master Program must be consistent with local plans and policy documents,
specifically, the Kent Comprehensive Plan and the City's ordinances. The City's Shoreline
Master Program must also be consistent with the regulations developed by the City to implement
its plans, such as the Kent Zoning Code, and regulations relating to development,building
construction, and safety.
Submission of a permit for a shoreline development or use does not exempt an applicant from
complying with other local, county, state, regional or federal statutes or regulations which may
also be applicable to such development or use. It is important to recognize that compliance with
the requirements of the Kent shoreline master program and other local regulations does not
exempt an applicant from compliance with other applicable state and federal statutes and
regulations. Activities in or near water may require a Hydraulic Project Approval (Washington
Department of Fish and Wildlife), a Section 404 Permit (US Army Corps of Engineers), or
Water Quality Certification (Washington Department of Ecology), among other requirements.
The Washington State Department of Ecology Permit Assistance Center can provide telephone
and online guidance on what permits are necessary for specific projects at(360/407-7037) and
http://www.wa.gov/ecology/sea/pac.
At the time of an initial inquiry or when a permit application is submitted, the City Shoreline
Administrator should inform the applicant of additional regulations and statutes which may be
applicable to the best of the administrator's knowledge;provided, that the final responsibility for
complying with such other statutes and regulations shall rest with the applicant.
Kent SMP:Section 1.0 -Introduction 5
May, 1999
Kent Shoreline Master Program
1.6 TITLE
This document shall be known and may be cited as the City of Kent Shoreline Master Program.
This document may refer to itself as "this Master Program." -
6 Kent SMP:Section 1.0 -Introduction
May, 1999
Kent Shoreline Master Program
2.0 DEFINITIONS
The following definitions apply throughout this Program, unless otherwise indicated.
Accessory Use or Accessory Structure
Any structure or portion of a structure or use incidental and subordinate to a primary use or
development.
Accessory Dwelling Unit
An accessory dwelling unit (ADU) is a habitable dwelling unit added to, created within, or
detached from and on the same lot with a single family dwelling that provides basic requirements
for living, sleeping, eating, cooking, and sanitation.
Accretion
The growth of a beach by the addition of material transported by wind and/or water. Included
are such shoreforms as barrier beaches, points, spits, hooks and tombolos.
Act
The Shoreline Management Act of 1971, as amended (Chapter 90.58 RCW).
Adjacent Lands
Lands adjacent to the shorelines of the state (outside of shoreline jurisdiction). The SMA directs
local governments to develop land use controls (i.e., zoning, comprehensive planning) for such
lands consistent with the policies of the SMA, related rules and the local shoreline master
program (see Chapter 90.58.340 RCW).
Administrator
The Kent Planning Director, or his/her designee, charged with the responsibility of administering
the shoreline master program.
Agriculture
Agricultural use means land primarily devoted to the commercial production of horticultural,
vitcultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain,hay,
straw, turf seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100
through 84.33.140, fin fish in upland hatcheries, or livestock and that has been in long-term
commercial significance for agricultural production. For the purposes of this master program,
commercial production of fin fish in upland hatcheries is addressed in Section 6.2, Aquaculture.
Anadromous Fish
Species, such as salmon, which are born in fresh water, spend a large part of their lives in the
sea, and return to freshwater rivers and streams to procreate.
Kent SMP:Section 2.0—Definitions 7
May, 1999
Kent Shoreline Master Program
Appurtenance
A structure or development which is necessarily connected to the use and enjoyment of a single-
family residence or other use and is located landward of the ordinary high water mark and the
perimeter of a wetland. On a statewide basis,normal appurtenances include a garage; deck;
driveway;utilities; fences; installation of a septic tank and drainfield and grading which does not
exceed two hundred fifty(250)cubic yards and which does not involve placement of fill in any
wetland or waterward of the ordinary high water mark. _
Aquaculture
The commercial cultivation or farming of aquatic animals and plants.
Archaeological
Having to do with the scientific study of material remains of past human life and activities.
Associated Wetlands
Those wetlands which are in proximity to and either influence or are influenced by tidal waters
or a lake or stream subject to the Shoreline Management Act (WAC 173-22-030(1)).
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. Calculation of the average grade level shall be made by averaging the ground
elevations at the center of all exterior walls of the proposed building or structure.
Best Management Practices (BMPs)
BMPs are methods of improving water quality that can have a great effect when applied by
numerous individuals. BMPs encompass a variety of behavioral,procedural, and structural
measures that reduce the amount of contaminants in stormwater runoff and in receiving waters.
Biota
The animals and plants that live in a particular location or region.
Boat Launch or Ramp
Graded slopes, slabs, pads, planks, or rails used for launching boats by means of a trailer, hand,
or mechanical device.
Boat Lift
A mechanical device that can hoist vessels out of the water for storage. These devices are
usually located along a pier.
Boat Rail or Railway
A set of steel rails running from the upland area into the water upon which a cart or dolly can
carry a boat to be launched.
Boathouse
A structure designed for storage of vessels located over water or in upland areas. Boathouses
should not be confused with "houseboats".
8 Kent SMP:Section 2.0—Definitions
May, 1999
Kent Shoreline Master Program
Breakwater
An off-shore structure generally built parallel to the shore that may or may not be connected to
land. Its primary purpose is to protect a harbor, moorage, or navigational activity from wave and
wind action by creating a still-water area along the shore. A secondary purpose is to protect the
shoreline from wave-caused erosion.
Buffer Area
The zone contiguous to a sensitive area that is required for the continued maintenance, function,
and/or structural stability of the sensitive area. Buffer widths vary depending on the relative
quality and sensitivity of the area being protected. The critical functions of the riparian buffer
(those associated with an aquatic system ) include shading, input of organic debris and coarse
sediments, uptake of nutrients, stabilization of banks, interception of sediments, overflow during
high water event, protection from disturbance by humans and domestic animals, maintenance of
a wild habitat, and room for variation of aquatic system boundaries over time due to hydrological
or climatic effects. The critical functions of terrestrial buffers include protection of slope
stability, attenuation of surface water flows from stormwater runoff and precipitation, and
erosion control.
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 Height
Building height means the vertical distance from the grade to the highest point of the coping of a
flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a
pitch or hip roof.
Building Setback Line
Unless otherwise indicated within this Master Program, the line which establishes the limits of
all buildings, fencing and impervious surfaces along the shoreline.
Bulkhead
A wall-like structure generally placed parallel to and near the ordinary high water mark to retain
an upland or fill area prone to gliding or sheet erosion, and to protect an upland from erosion by
wave action. Bulkheads are normally lighter than a seawall and similar to structures termed
"revetments."
Buoy
Buoys are floating devices anchored to a lake or river bottom used for navigational purposes or
moorage. (see also Mooring Buoy)
Channel
An open conduit for water either naturally or artificially created,but does not include artificially
created irrigation, return flow, or stockwatering channels. See also Stream.
Kent SMP:Section 2.0—Definitions 9
May, 1999
Kent Shoreline Master Program
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.
Circulation
Those means of transportation which carry passengers or goods to, from, over, or along
a corridor.
Clearing
The destruction or removal of vegetation ground cover, shrubs and trees including,but not
limited to, root material removal and/or topsoil removal.
Covered Moorage
Boat moorage, with or without walls, that has a roof to protect the vessel.
Commercial Development
Commercial developments are those uses which are involved in wholesale and retail trade
or business activities.
Community Structure
A building, dock, or other structure which is intended for the common use of the residents of a
particular subdivision or community. It is not intended to serve as a public facility.
Comprehensive Plan
Comprehensive plan means the document, including maps, adopted by the city council which
outlines the City's goals and policies relating to management of growth, and prepared in
accordance with Ch. 36.70A RCW. The term also includes adopted subarea plans prepared in
accordance with Ch. 36.70A RCW.
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 173-27-030(4))
Corridor
A circulation right-of-way and the area immediately adjacent to it.
Degrade
To scale down in desirability or salability,to impair in respect to some physical property or to
reduce in structure or function.
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 (RCW 90.58.030(3d)). See also: Substantial Development.
10 Kent SMP:Section 2.0—Definitions
May, 1999
Kent Shoreline Master Program
Dike
An embankment to prevent flooding by a stream or other waterbody.
DNS
Determination of Nonsignificance, under SEPA.
Dock
A dock or pier is a landing and moorage facility for watercraft which abuts the shoreline and does
not include recreational decks, storage facilities, or other appurtenances.
Downdrift
The direction of movement of beach materials.
Dredge Spoil or Dredge Material
The material removed by dredging.
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.
Duplex
One detached residential building containing two (2) dwelling units totally separated from each
other by a one-hour(1) fire wall or floor designed for occupancy by not more than two (2)
families.
Dwelling, Single-family
See Single-family Residence.
Dwelling,Multiple-family
Multiple-family dwelling means a residential building designed for or occupied by three(3) or
more families, with the number of families in residence not exceeding the number of units
provided.
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.
EIS
Environmental Impact Statement.
Elements
Major aspects of land and water use for which goals are written as part of a Shoreline Master
Program.
Kent SMP:Section 2.0—Definitions 11
May, 1999
Kent Shoreline Master Program
Emergency
An unanticipated and imminent threat to public health, safety, or the environment which requires
immediate action within a time too short to allow full compliance with the master program.
Emergency construction is construed narrowly as that which is necessary to protect property
from the elements (RCW 90.58.030(3eiii) and WAC 173-27-040(2d)). See also Substantial
Development, section (c).
Enhancement
Alteration of an existing resource to improve or increase its characteristics and processes without
degrading other existing functions. Enhancements are to be distinguished from resource creation
or restoration projects.
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.
Erosion
The wearing away of land by the action of natural forces.
Excavate
Any person-made cut, cavity, trench, or depression in the earth's surface, formed by earth
removal. [WAC 296-155-650]
Exemption
Certain specific developments as listed in WAC 173-27-040 are exempt from the definition of
substantial developments are therefore exempt from the substantial development permit process
of the SMA. An activity that is exempt from the substantial development provisions of the SMA
must still be carried out in compliance with policies and standards of the Act and the local master
program. Conditional use and/or variance permits may also still be required even though the
activity does not need a substantial development permit (RCW 90.58.030(3e).
Under 173-27-040 WAC, the following applies:
1. Exemptions shall be construed narrowly. Only those developments that meet the precise
terms of one or more of the listed exemptions may be granted exemption from the
substantial development permit process.
2. An exemption from the substantial development permit process is not an exemption from
compliance with the act or the local master program, or from any other regulatory
requirements. To be authorized, all uses and developments must be consistent with the
policies and provisions of the applicable master program and the Shoreline Management
Act. A development or use that is listed as a conditional use pursuant to the local master
program or is an unlisted use,must obtain a conditional use permit even though the
development or use does not require a substantial development permit. When a
12 Kent SMP:Section 2.0—Definitions
May, 1999
Kent Shoreline Master Program
development or use is proposed that does not comply with the bulk, dimensional and
performance standards of the master program, such development or use can only be
authorized by approval of a variance.
3. The burden of proof that a development or use is exempt from the permit process is on the
applicant.
4. If any part of a proposed development is not eligible for exemption, then a substantial
development permit is required for the entire proposed development project.
5. Local government may attach conditions to the approval of exempted developments and/or
uses as necessary to assure consistency of the project with the act and the local master
program.
Fair Market Value
"Fair market value" of a development is the open market bid price for conducting the work, using
the equipment and facilities, and purchase of the goods, services and materials necessary to
accomplish the development. This would normally equate to the cost of hiring a contractor to
undertake the development from start to finish, including the cost of labor,materials, equipment and
facility usage,transportation and contractor overhead and profit. The fair market value of the
development shall include the fair market value of any donated,contributed or found labor,
equipment or materials;
Float
"Float"means a structure or device which is not a breakwater, and which is moored, anchored or
otherwise secured in the waters of Kent and which is not connected to the shoreline.
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.
Floodway
"Floodway"means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot.
Gabions
Structures composed of masses of rocks, rubble or masonry held tightly together usually by wire
mesh so as to form blocks or walls. Sometimes used on heavy erosion areas to retard wave
action or as foundations for breakwaters or jetties.
Kent SMP:Section 2.0—Definitions 13
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Kent Shoreline Master Program
Grading
The physical manipulation of the earth's surface and/or drainage pattern in preparation for an
intended use or activity.
Grassy Swale
A vegetated drainage channel that is designed to remove various pollutants from storm water -
runoff through biofiltration.
Groin
A barrier-type structure extending from the backshore or stream bank into a water body. The
purpose of a groin is to interrupt sediment movement along the shore. A groin is also referred to
as a spur dike or rock weir.
Habitat
The place or type of site where a plant or animal naturally or normally lives and grows.
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.
Height
The distance measured from the average grade level to the highest point of a structure:provided,
that television antennas, chimneys and similar appurtenances shall not be used in calculating
height, except where it obstructs the view of a substantial number of residences on areas
adjoining such shorelines (or the master program provides otherwise):provided further, that
temporary construction equipment is excluded in this calculation (WAC 173-27-030(9). See also
Building Height.
HPA- Hydraulic Project Approval.
The permit issued by the Washington State Department of Fish and Wildlife pursuant to the State
Hydraulic Code Chapter 75.20.100-140 RCW.
Hydric Soil
Hydric soil means soil that formed under conditions of saturation, flooding, or ponding long
enough during the growing season to develop anaerobic conditions in the upper part, thereby
influencing the growth of plants.
In-kind Replacement
To replace wetlands,biota or other organisms with substitute flora or fauna whose characteristics
closely match those destroyed, displaced or degraded by an activity.
Lake
A body of standing water in a depression of land or expanded part of a river, including
reservoirs, of twenty(20) acres or greater in total area. A lake is bounded by the ordinary high
14 Kent SMP:Section 2.0—Definitions
May, 1999
Kent Shoreline Master Program
water mark or, where a stream enters a lake, the extension of the elevation of the lake's ordinary
high water mark within the stream (RCW 90.58.030(ld); WAC 173-22-030(9)).
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.
Levee
A large dike or embankment, often having an access road along the top, which is designed as
part of a system to protect land from floods.
Littoral
Living on, or occurring on, the shore.
Littoral Drift
The mud, sand, or gravel material moved parallel to the shoreline in the nearshore zone by waves
and currents.
Marina
A use providing moorages for pleasure craft which also may include boat launching
facilities, storage, sales and other services.
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 RCW 90.58.
Mining
The removal of naturally occurring materials from the earth for commercial, industrial, or
construction use.
Mitigation
The process of avoiding, reducing, or compensating for the environmental impact(s) of a
proposal. See WAC 197-11-768.
Mixed-use Development
Development that combines water-dependent with water-enjoyment uses and/or nonwater-
oriented uses.
Moorage
Any device or structure used to secure a vessel for temporary anchorage, but which is
not attached to the vessels (such as a_docks or buoy).
Kent SMP:Section 2.0—Definitions 15
May, 1999
Kent Shoreline Master Program
Moorage Piles
Structural members that are driven into the lake bed to serve as a stationary moorage point. They
are typically used for moorage of small boats in the absence of, or instead of, a dock or pier. In
some cases, moorage piles may be associated with a dock or pier.
Mooring Buoy
A floating object anchored to the bottom of a water body that provides tie up capabilities for
vessels.
Multiple-Use
The combining of compatible uses within one development.
Native Plants
These are plants that occur naturally, and that distribute and reproduce without aid. Native
plants in western Washington are those that existed prior to intensive settlement that began in the
1850s.
Natural Riparian Habitat Corridor _
The streamside environment designed and maintained primarily for fisheries and wildlife habitat,
water quality improvements and secondarily for flood control works, while allowing controlled
public access to avoid damage to the resource.
Non-conforming Use or Development
A shoreline use or structure or portion thereof which was lawfully constructed or established
prior to the effective date of the Shoreline Management Act or local shoreline master program
provision, or amendments, but 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.
Normal Maintenance
Those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition
(WAC 173-27-040(2b)). See also Normal Repair.
Normal Protective Bulkhead
A bulkhead, common to single-family residences, constructed at or near the ordinary high water
mark to protect an existing single-family residence, and which sole purpose is for protecting land
from erosion, not for the purpose of creating new land (WAC 173-27-040(2c).
Normal Repair
To restore a development to a state comparable to its original condition within a reasonable
period after decay or partial destruction except where repair involves total replacement which is
not common practice or causes substantial adverse effects to the shoreline resource or
16 Kent SMP:Section 2.0—Definitions
May, 1999
Kent Shoreline Master Program
environment (WAC 173-27-040(2b) (the full definition of normal repair is listed in section 7.3 of
this SMP). See also Normal Maintenance.
Off-site Compensation
To replace wetlands or other shoreline environmental resources away from the site on which a
resource has been impacted by a regulated activity.
On-site Compensation
To replace wetlands or other shoreline environmental resources at or adjacent to the site on
which a resource has been impacted by a regulated activity.
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.
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 or as it may change thereafter; in
accordance with permits issued by a local government or the department. The following criteria
clarify this mark on those waters within the City of Kent per WAC 173-22-030(11), specifically,
lakes, and streams:
1. Lakes. Where the ordinary high water mark cannot be found, it shall be the line of mean
high water; and
2. Streams. Where the ordinary high water mark cannot be found, it shall be the line of
mean high water. For braided streams, the ordinary high water mark is found on the
banks forming the outer limits of the depression within which the braiding occurs.
Over-water Structure
Any device or structure projecting over the ordinary high water mark, including,but not limited
to piers, docks, floats, and moorage or anchor buoys.
Parking Space or Parking Stall
A parking space is any off-street space intended for the use of vehicular parking with
egress to the space easily identifiable.
ingress or gr p y
Permit (or Shoreline Permit)
Any substantial development, variance or conditional use permit, or revision, or any combination
thereof, authorized by the Act. (WAC 173-27-030(13)) .
Kent SMP:Section 2.0—Definitions 17
May, 1999
Kent Shoreline Master Program
Pier
See Dock.
Pollutant Any substance that has been or may be determined to cause or tend to cause injurious, corrupt,
impure, or unclean conditions when discharged to surface water, air, ground, sanitary sewer
system, or storm drainage system.
Port
A center for water-borne traffic.
Practicable Alternative
An alternative that is available and capable of being carried out after taking into consideration
short-term and long-term cost, options of project scale and phasing, existing technology and
logistics in light of overall project purposes.
Public Access
A means of physical approach to and along the shoreline available to the general public. This
may also include visual approach.
Public Interest
The interest shared by the citizens of the state or community at large in the affairs of
government, or some interest by which their rights or liabilities are affected such as an effect on
public property or on health, safety, or general welfare resulting from a use or development.
[WAC 173-27-030(14)]
Railroad
A surface linear passageway with tracks for train traffic.
RCW
Revised Code of Washington.
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.
Residential Development
Development which is primarily devoted to or designed for use as a dwelling(s).
Restoration
To revitalize or reestablish characteristics and processes of a wetland or habitat diminished or
lost by past alterations, activities, or catastrophic events.
Retrieval Lines
A system by which a float or other floating object is retrieved to a pier, dock, or shoreland.
18 Kent SMP.Section 2.0—Definitions
May, 1999
Kent Shoreline Master Program
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.
Revetment
Facing of stone, concrete, etc.,built to protect a scarp, embankment, or shore structure against
erosion by waves of currents. The principal features of a revetment are: 1) heavy armor layer, 2)
filter layer, and 3) toe protection.
Riparian
Of, on, or pertaining to the banks of a river.
Riprap
A layer, facing, or protective mound of stone placed on shoulders, slopes, or other such places to
protect them from erosion, scour, or sloughing of a structure or embankment; also, the stone so
used.
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 (Green River)
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 (Green River)
A public street or road which lies alongside the Green River and which has no major
development between it and the river.
Road, and Road, Scenic
A linear passageway, usually for motor vehicles. Scenic and recreational roads/drives:
p g Y� Y
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).
Rock weir
A structure made of loose rock that is designed to control sediment movement,water flow, or
both. A rock weir adjacent to a shoreline is typically formed by placing rock in a line outward
from the shore,with the top of the rock embankment below the water level to restrict current
movements parallel to the shore without completely blocking flow.
Kent SMP:Section 2.0—Definitions 19
May, 1999
Kent Shoreline Master Program
Runoff
Water that is not absorbed into the soil but rather flows along the ground surface following the
topography.
Salmon and Steelhead Habitats
Gravel bottomed streams, creeks, and rivers used for spawning; streams, creeks, rivers, side
channels, ponds, lakes, and wetlands used for rearing, feeding, and cover and refuge from -
predators and high water; streams, creeks, rivers, estuaries, and shallow areas of saltwater bodies
used as migration corridors; and salt water bodies used for rearing, feeding, and refuge from
predators and currents.
Scarification
Loosening the topsoil and/or disrupting the forest floor in preparation for regeneration.
Sediment
The fine grained material deposited by water or wind.
SEPA
see State Environmental Policy Act. -
SEPA Checklist
A checklist is required of some projects under SEPA to identify the probable significant adverse
impacts on the quality of the environment. The checklist will also help to reduce or avoid
impacts from a proposal, and help the responsible governmental agency decide whether a full
environmental impact statement (EIS) is required (WAC 197-11-960).
Shoreland Areas or Shorelands
Those lands extending landward for two hundred (200) feet in all directions as measured on a
horizontal plane from the ordinary high water mark, including floodways and areas landward two
hundred (200) feet from such floodways and all wetlands and river deltas associated with the
streams, and lakes which are subject to the provisions of this chapter; the same to be designated
as to location by the Washington Department of Ecology.
Shoreline Administrator
See Administrator.
Shoreline Jurisdiction
All geographic areas covered by the Act, related rules, and the Kent Master Program. See also
definitions of Shorelines, Shorelines of the State, Shorelines of Statewide Significance,
Shoreland Areas, and Wetlands.
Shoreline Management Act of 1971
Chapter 90.58 RCW, as amended.
Shoreline Master Program (SMP)
The goals and policies and related use regulations which are used by local governments to
administer and enforce the permit system for shoreline management. Master programs must be
20 Kent SMP:Section 2.0—Definitions
May, 1999
Kent Shoreline Master Program
developed in accordance with the policies of the SMA,be approved and adopted by the state, and
be consistent with the rules (WACs) adopted by Ecology.
Shoreline Permit
See Permit.
Shorelines
All water areas of Kent and their associated wetlands, together with the lands underlying them,
except: (i) shorelines of statewide 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 Hearings Board
A state-level quasi-judicial body, created by the SMA,which hears appeals by any aggrieved
party on the issuance of a shoreline permit, enforcement penalty and appeals by local
government on Ecology approval of master programs, rules, regulations, guidelines or
designations under the SMA. See RCW 90.58.170; 90.58.180; and WAC 173-27-220 and 173-
27-290.
Shorelines of the State
The total of all "shorelines" and "shorelines of statewide significance" within the state.
Shorelines of Statewide Significance
Shorelines of the state which meet the criteria for shorelines of statewide significance contained
in RCW 90.58.030(e). Within Kent, the Green River is the only waterway that qualifies as a
shoreline of statewide significance.
Sign
Sign means 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. However, a sign shall not include the
following:
1. Official notices authorized by a court, public body or public officer.
2. Direction, warning, or information sign authorized by federal, state, or municipal
authority.
3. The official flag, emblem or insignia of a government, school or religious group or
agency.
4. A memorial plaque or tablet, or cornerstones indicating the name of a building and date
of construction, when cut or carved into any masonry surface or when made of bronze or
other incombustible part of the building or structure.
Kent SMP:Section 2.0—Definitions 21
May, 1999
Kent Shoreline Master Program
Single-family Residence (SFR)
A detached dwelling designed for and occupied by one family including those structures and
developments within a contiguous ownership which are a normal appurtenance (WAC 173-27-
040(2g)).
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.
Shall
"Shall" indicates a mandate; the particular action must be done.
SMA
see Shoreline Management Act
SMP
see Shoreline Master Program
Soil Bioengineering
An applied science that combines structure, biological and ecological concepts to construct
living structures that stabilizes the soil to control erosion, sedimentation and flooding using live
plant materials as a main structural component.
Solid Waste
Solid waste includes all putrescible and nonputrescible solid and semisolid wastes, including
garbage, rubbish, ashes, industrial wastes, wood wastes and sort yard wastes associated with
commercial logging activities, swill, demolition and construction wastes, abandoned vehicles
and parts of vehicles, household appliances and other discarded commodities. Solid waste does
not include sewage, dredge material or agricultural or other commercial logging wastes not
specifically listed above.
State Environmental Policy Act (SEPA)
SEPA requires state agencies, local governments and other lead agencies to consider
environmental factors when making most types of permit decisions, especially for development
proposals of a significant scale. As part of the SEPA process, EISs may be required to be
prepared and public comments solicited.
22 Kent SMP:Section 2.0—Definitions
May, 1999
Kent Shoreline Master Program
Stream
A naturally occurring body of periodic or continuously flowing water where: a)the mean annual
flow is greater than twenty cubic feet per second and b) the water is contained within a channel.
See also Channel.
Structure
That which is built or constructed; a permanent or temporary-edifice or building of any kind or
any piece of work composed of parts jointed together in some definite manner,whether installed
on, above, or below the surface of water, except for vessels.
Subdivision
A parcel of land divided into two or more parcels for the purpose of sale, lease or conveyance.
Substantial Development
Any development of which the total cost or fair market value, whichever is higher,exceeds two
thousand five hundred dollars ($2,500), 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) . and WAC 173-27-040.
These exemptions are listed in Section 7.3 of Chapter 7: Administration. See also
Development and Exemption.
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 are officially delineated
on the Hazard Area Development Limitations Map (exhibit A of Ordinance No. 2832 § 1, 2-21-
89).
Upland
The area above and landward of the ordinary high water mark.
Urban
An area of basically high intensity and diverse land use, including residential, commercial,
industrial, agricultural and recreational development.
Urban (Shoreline) Environment, also
13 Urban - River Resource (Green River),
13 Urban -Lake Residential (Lake Meridian), and
13 Urban - Stream Corridor (Big Soos Creek)
A shoreline designation under the Shoreline Management Act for areas of high intensity land
use, including residential, commercial and industrial development. In the City of Kent, the
shoreline environments include Urban - River Resource (Green River), Urban- Lake Residential
(Lake Meridian, and Urban - Stream Corridor(Big Soos Creek) and reflect the City's
I
Kent SMP:Section 2.0—Definitions 23
May, 1999
Kent Shoreline Master Program
designation as "Urban"under the Growth Management Act (see Chapter 3, Shoreline
Environments).
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.
Watershed Restoration Project
"Watershed restoration project"means a public or private project authorized by the sponsor of a
watershed restoration plan that implements the plan or a part of the plan and consists of one or more
of the following activities:
1. A project that involves less than ten (10)miles of streamreach, in which less than twenty-
five(25) cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged,
and in which no existing vegetation is removed except as minimally necessary to facilitate
additional plantings;
24 Kent SMP:Section 2.0—Definitions
May, 1999
Kent Shoreline Master Program
2. A project for the restoration of an eroded or unstable stream bank that employs the
principles of bioengineering, including limited use of rock as a stabilization only at the toe
of the bank, and with primary emphasis on using native vegetation to control the erosive
forces of flowing water; or
3. A project primarily designed to improve fish and wildlife habitat, remove or reduce
impediments to migration of fish, or enhance the fishery resource available for use by all of
the citizens of the state,provided that any structure, other than a bridge or culvert or
instream habitat enhancement structure associated with the project,is less than two hundred
(200) square feet in floor area and is located above the ordinary high water mark of the
stream.
Watershed Restoration Plan
"Watershed restoration plan"means a plan, developed or sponsored by the Department of Fish and
Wildlife,the Department of Ecology, the Department of Natural Resources,the Department of
Transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city,
a county, or a conservation district that provides a general program and implementation measures or
actions for the preservation,restoration,re-creation, or enhancement of the natural resources,
character, and ecology of a stream, stream segment, drainage area, or watershed for which agency
and public review has been conducted pursuant to chapter 43.21C RCW,the State Environmental
Policy Act.
Wetlands or Wetland Areas
"Wetlands" or "wetland areas" means areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes ,bogs and similar areas. Wetlands do not include
those artificial wetlands intentionally created from nonwetland sites, including,but not limited
to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities,wastewater
treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1,
1990, that were unintentionally created as a result of the construction of a road ,street, or
highway. Wetlands may include those artificial wetlands intentionally created from nonwetland
areas to mitigate the conversion of wetlands.
I
Kent SMP:Section 2.0—Definitions 25
May, 1999
Kent Shoreline Master Program
26 Kent SMP:Section 2.0—Definitions
May, 1999
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. The intent of the environment designations is to distinguish
between the types of shorelines, or segments of shorelines, so that the various shoreline policies,
allowed uses and use regulations can be tailored to fit the specific local shoreline conditions.
Any development in the shoreline must be consistent with the environmental designation in
which it is located.
The original State regulations for shoreline master program development recommended a
classification system composed of four distinct environments: Natural, Conservancy, Rural, and
Urban. More recently, State guidelines suggest that these categories may be too broad, and that
more specific subcategories can be adopted to tailor the environment designation to specific
shorelines. In addition, the designations should more accurately reflect the shoreline's
designation under local growth management planning, particularly with regard to whether the
area is designated "Urban" or "Rural."
The Kent Master program was originally developed and adopted in 1972, and the shoreline
environment designations were amended in 1978 and 1980. Following the original state
guidelines, Kent designated shoreline environments of Conservancy,Rural and Urban. In light
of the recent legislative efforts to bridge the regulatory gap between the Shoreline Management
Act and the Growth Management Act (GMA), the City of Kent, as an urban area under the
GMA, has re-evaluated its shoreline designations.
Urban Environment
WAC 173-16-040(4)(b)(iv) of the Shoreline Management Act provides 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.
Kent SMP:Section 3-Shoreline Environments 27
May, 1999
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.
so
Figure 3.1 Recreational trails and water access can be combined with private development.
The Green River, Lake Meridian and Big Soos Creek shorelines are located within an urban area,
as defined under the Growth Management Act and Kent's Comprehensive Plan. However, the
biophysical nature of the shorelines and the surrounding development pattern of each are
significantly different. In order to establish shoreline environments which reflect the overall
urban setting while acknowledging the different shoreline characteristics, Kent has classified the
Green River shoreline as Urban - River Resource, the Lake Meridian shoreline as Urban - Lake
Residential, and the Big Soos Creek shoreline as Urban - Stream Corridor. The Kent shoreline
jurisdiction is shown on maps in Appendix A.
28 Kent SMP:Section 3-Shoreline Environments
May, 1999
Kent Shoreline Master Program
3.1 URBAN- RIVER RESOURCE
Purpose: The Green River shoreline is an important biological,physical and aesthetic public
resource. Under the Shoreline Management Act, the Green River is also classified as a "Shoreline
of Statewide Significance." The purpose of the Urban -River Resource environment is to
recognize the river corridor as a focal point for public recreation, while at the same time
preserving open space, preserving and enhancing fish and wildlife habitat,preserving historic
and cultural sites, and providing for water-dependent or water-related uses.
Designation Criteria: Areas to be designated Urban - River Resource meet the following
criteria:
A. The shoreline is along the Green River, within the City of Kent.
Management Policies:
1. Visual and physical public access to the shoreline should be required for any new
development within the shoreline.
2. Aesthetic considerations should be actively promoted by means such as sign control,
development siting, screening and architectural standards, and maintenance of natural
vegetative buffers.
3. Acquisition of land for permanent public access to the shoreline is a high priority.
4. Restoration of shoreline vegetation is a high priority.
3.2 URBAN- LAKE RESIDENTIAL
Purpose: The Lake Meridian shoreline lies within an established,primarily single-family
residential neighborhood. The purpose of the Urban-Lake Residential designation is to
maintain the character of the existing residential neighborhood while preserving and enhancing
fish and wildlife habitat, and continuing to provide public access to the Lake.
Designation Criteria: Areas to be designated Urban - Lake Residential meet the following
criteria:
A. The shoreline is located along Lake Meridian within the City of Kent.
Management Policies:
1. Because properties around the Lake are already substantially developed, infill
development and/or redevelopment shall be consistent with the character and nature of
the existing neighborhood.
Kent SMP:Section 3-Shoreline Environments 29
May, 1999
Kent Shoreline Master Program
2. Both physical and visual public access to the Lake shall be provided. New residential
subdivisions may be required to provide common open space along the shoreline where
feasible and where compatible with the natural environment.
3. The existing City park and State boat launch facilities shall be adequately maintained.
4. Protection and enhancement of the environment is a high priority and shall be -
encouraged.
3.3 URBAN- STREAM CORRIDOR
Purpose: The Big Soos Creek shoreline is an important biological and hydrological resource.
The purpose of the Urban - Stream Corridor environment is to protect the unique, fragile, and
valuable elements of the environment, including the wildlife and habitat. Uses appropriate for
this environment are sensitive to the natural environment and may include such activities as open
space and planned low-intensity recreational uses, such as a trail system.
Designation Criteria: Areas to be designated Urban - Stream Corridor meet the following -
criteria:
A. The shoreline is along the Big Soos Creek (downstream of the Kent Kangley Road (SR
516)),within the City of Kent.
Management Policies:
1. New development in the Urban- Stream Corridor environment should reflect the
character of the surrounding area by limiting residential density, providing permanent
open space and by maintaining adequate building setbacks from water and wetlands.
2. Public access opportunities to the shoreline should be encouraged through provision of
open space and trail system. Such development shall be located, sited, designed, and
maintained to protect and enhance shoreline areas and adjacent aquatic habitats and
resources.
3. Activities or uses which would be detrimental to the natural and biological limitations of
the land and water should be prohibited.
30 Kent SMP:Section 3-Shoreline Environments
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Kent Shoreline Master Program
4.0 SHORELINE ELEMENTS
The elements of the Shoreline Master Program consist of goals and policies that apply to all uses
in the shoreline. The Shoreline Management Act lists seven shoreline elements which should be
included in every local shoreline master program: Shoreline Use; Economic Development;
Public Access; Recreation; Circulation; Conservation; and a Historic/Cultural element. Local
master programs should also address any other appropriate elements; thus, the Kent Shoreline
Master Program includes a Shoreline Flood Control element to address flood protection along
the Green River.
As a result of regulatory reform legislation, the goals and policies of the shoreline master
program are to be integrated into the local comprehensive plan. This chapter of the master
program will, therefore, become the "Shoreline Element" of the Kent Comprehensive Plan.
Currently, that plan contains the five "elements" originally required by the Growth Management
Act (Land Use, Housing, Capital Facilities, Transportation, and Utilities) and four optional
elements (Community Design, Human Services, Parks, and Economic Development).
OVERALL SHORELINE GOAL: To protect and enhance the shorelines of the City of
Kent and its Urban Growth Area.
4.1 SHORELINE USE
This considers:
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 1 : The Green River is designated a "Shoreline of Statewide Significance," and
as such, is of value to the entire State and should be protected and managed.
In order of preference, the priorities are to:
a. Recognize and protect the statewide interest over local interest;
b. Preserve the natural character of.the shoreline;
C. Result in the long-term over short-term benefit;
d. Protect the resources and ecology of the shorelines;
Kent SMP:Section 4.0-Shoreline Elements 31
May, 1999
Kent Shoreline Master Piuyidrn
e. Increase public access to publicly owned areas of the shoreline.
f. Increase recreation opportunities for the public in the shoreline area.
Policies:
1. Allow only uses and activities within the Green River shoreline that are water-dependent,
water-enjoyment, water-oriented, or otherwise compatible with the natural environment
and the "Urban -River Resource"designation.
2. Give preference 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.
'cul+ttr�l u.�
Op�h Sp��
Figure 4.1 Uses and activities which enhance the natural amenities of the shoreline.
32 Kent SMP.Section 4.0-Shoreline Elements
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Kent Shoreline Master Program
3. Continue to promote diverse recreational development and use along the Green River
shoreline by encouraging multiple uses, including the incorporation of public recreational
uses into shoreline developments.
4. Discourage uses and activities in unique or fragile areas unless measures can be
satisfactorily undertaken to mitigate all related adverse impacts.
5. Encourage restoration of shoreline areas that have been degraded or diminished in
ecological value and function as a result of past activities or catastrophic events.
6. Support applications for current use taxation for those agricultural and open space uses
along the shoreline through Chapter 84.34 RCW.
GOAL 2 : Uses allowed within the Lake Meridian shoreline environment shall be
residential, recreational and open space uses compatible with the natural
environment and the "Urban - Lake Residential' designation.
Policies:
1. Locate and design new and infill residential development to maintain the character and
nature of the existing residential neighborhood.
2. New residential development, but not including individual single-family dwellings,
should provide joint use community or public access to the shoreline where possible.
3. Discourage uses and activities in unique or fragile areas unless measures can be
satisfactorily undertaken to mitigate all related adverse impacts.
4. Encourage restoration of shoreline areas that have been degraded or diminished in
ecological value and function as a result of past activities or catastrophic events
5. Maintain current visual and physical public access to the lake shoreline.
GOAL 3: Uses allowed within the Big Soos Creek shoreline shall be low density
residential, recreational, and open space uses compatible with the natural
environment and the Urban - Stream Corridor designation.
Policies:
1. Locate, design and maintain new residential development to promote a stable residential
neighborhood.
2. New residential development should provide, where possible,joint-use community or
public access to the shoreline if compatible with the natural environment.
Kent SMP:Section 4.0-Shoreline Elements 33
May, 1999
Kent Shoreline Master Program
3. Discourage uses and activities in unique or fragile areas unless measures can be
satisfactorily undertaken to mitigate all related adverse impacts.
4. Encourage restoration of shoreline areas that have been degraded or diminished in
ecological value and function as a result of past activities or catastrophic events
5. Maintain visual and physical access to the shoreline.
GOAL 4 Agricultural uses,while regarded as a "rural" use under the Growth
Management Act, are supported by the City of Kent comprehensive plan,
and the shoreline master program encourages maintaining this land use,
where applicable.
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.
1
/ Ot �
s1
Figure 4.2 Trails and public access can be designed to avoid conflicts with adjacent agricultural uses.
3. The creation of new agricultural lands by diking, draining or filling of wetlands should be
prohibited.
34 Kent SMP:Section 4.0-Shoreline Elements
May, 1999
Kent Shoreline Master Program
4.2 ECONOMIC DEVELOPMENT
Economic development refers to development that provides a service, produces a good, retails a
commodity, or engages in any other use or activity for the purpose of making financial gain. For
the City of Kent, Economic Development applies only to the Green River shoreline.
GOAL 1: Development of the Green River shoreline should be limited to uses or
activities which are water-dependant,water-enjoyment,water-oriented, or
otherwise compatible with protection, restoration and enhancement of the
shoreline.
Policies:
1. Encourage the location of shoreline-oriented or shoreline-dependent recreation and open
space uses along the Green River shoreline as part of development along this shoreline.
2. Ensure that planning, zoning and non-regulatory programs governing lands within and
adjacent to the shoreline allow environmentally sensitive recreational/open space uses
along the shoreline.
3. Support environmentally sensitive agricultural uses along the shoreline in applicable
zones.
GOAL 2: Permit development of the Green River 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. Design shoreline developments to enhance scenic views.
2. Support shoreline enhancement and restoration in areas of new development and
redevelopment.
3. Locate water-dependent and water-related economic development first in shoreline areas
where other economic development already exists.
4. New economic development within the shoreline area should enhance the aesthetic
qualities of the shoreline.
5. Design all economic development to allow reasonable public access to and along the
water's edge.
Kent SMP:Section 4.0-Shoreline Elements 35
May, 1999
Kent Shoreline Master Program
6. Consider public access in the review of all private and public developments (including
land division) with the excepti6n of the following:
a. One- and two-family (duplex) dwelling units; or
b. Agricultural/ranching activities; or
C. Where deemed inappropriate due to health, safety and environmental concerns.
Administratively, off-site public access should be substituted for on-site public access
only where water-dependent uses and sensitive areas make public access elements
physically infeasible.
7. Permit over-water structures only when in the public interest and when such a structure
includes public access.
8. Potential long-term effects on the shoreline should take precedence over short-term
economic gain or conveniencedn development.
4.3 PUBLIC ACCESS
This is an element addressing the need to provide public access to shoreline areas.
GOAL 1: Continue to provide a coordinated system of diverse physical and visual
public access to the City shorelines.
r _ _
1; 61
J
o.►
oo
Figure 4.3 Improved public access to the water's edge.
36 Kent SMP:Section 4.0-Shoreline Elements
May, 1999
Kent Shoreline Master Program
Policies:
1. Along the Green River,the City and/or other government agencies should acquire and
develop property to provide public access to the water's edge at a minimum interval of
one access point per mile.
2. Along the Green River,provision should be made for public access to and along the
water's edge in new substantial shoreline developments and/or when substantial
modifications or additions are proposed to substantial developments.
3. Publicly-owned shoreline areas should provide public access to the water's edge where
feasible and where compatible with the natural shoreline environment.
4. Public access to and along the water's edge should be compatible with the natural
shoreline environment.
5. Design and screen access points to create the minimum objectionable impact on the
adjoining property.
6. Adequately maintain all public access areas and facilities.
7. Preserve and enhance views of the shoreline and water from public areas.
8. The profile of water-dependant or water-related structures should be as low as feasible in
order to minimize visual impact on the shoreline.
9. Site buildings and structures along the shoreline in such a manner that visual access is
preserved.
10. The City should minimize public access to unique or fragile areas.
11. Design and landscape parking and/or recreation facilities for shoreline activities to
provide adequate pedestrian access to the shoreline and to minimize adverse impacts to
adjacent properties and the natural environment.
12. Encourage new residential development requiring a Substantial Development Permit(i.e.,
including subdivisions but excluding individual single-family homes)to provide common
shoreline open space.
13. The City should actively support extension of a public trail along Big Soos Creek.
GOAL 2: Design development adjacent to private property so as to screen and protect
against intrusions from the public activities.
Kent SMP:Section 4.0-Shoreline Elements 37
May, 1999
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.
4.4 CIRCULATION
This element assesses the location and extent of existing and proposed major thoroughfares,
transportation routes, terminals and other public facilities and correlates those facilities with the
shoreline use elements.
ITTAN 6 tT STOP.
RIVER ACC555
Figure 4.4 Public transit connections to shoreline access points.
GOAL 1: Provide safe, reasonable and adequate circulation systems to shorelines
where such systems will have the least possible adverse effect on the natural
environment and recreational opportunities.
Policies:
1. The City should encourage public transportation to access shoreline recreation areas.)
2. Restrict motor vehicle traffic to existing two-lane roadways, except for limited bridge
crossings for major freeways across the Green River
3. Along the Green River,plan and design shoreline roadways as scenic boulevards for
slow-moving traffic and which provide public access to the shoreline.
38 Kent SMP:Section 4.0-Shoreline Elements
May, 1999
Kent Shoreline Master Program
4. In order to reduce unnecessary-traffic along the shoreline, plan for, or require, alternative
access routes located on the upland side of a nonwater-oriented.
5. Along the Green River, plan, design, and reroute through traffic to avoid adversely
affecting the recreational and environmental qualities of the river corridor.
6. Along the Green River.,the City and/or other governmental agencies should actively
explore alternatives to additional cross-river arterials.
7. New and existing circulation systems along the shorelines should minimize impacts to the
natural environment.
GOAL 2: Provide a continuous nonmotorized trail system along the entire Green River
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. Separate the trail system from the roadway.
3. Connect the trail system to other trails in the region.
4. Link access points to and along the shorelines by a system of trails.
5. To assist in developing a trails system, offer incentives to property owners in exchange
for larger setbacks, easements or other benefits to a trail system.
6. Include the trail system on all new or expanded motorized river crossings. Whenever
practical, modify existing crossings to accommodate the trail system.
7. Provide trail system bridges where needed, and where compatible with the natural
environment.
8. Design private roads and developments to avoid conflict with, or adverse impacts on, the
trail system.
9. Design the trail system to avoid conflict with private property rights and to create the
minimum objectionable impact on the adjoining property.
GOAL 3. Provide for public access to the Big Soos Creek shoreline where compatible
with the natural environment.
Kent SMP:Section 4.0-Shoreline Elements 39
May, 1999
Kent Shoreline Master Program
Policies:
1. Support extension of the non-motorized Big Soos Creek Trail system.
2. Require new development adjacent to Big Soos Creek to provide common open space or
public access to the shoreline where compatible with the natural environment.
4.5 RECREATION
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 1: Encourage diverse,`eater-oriented recreational opportunities in those
shoreline areas that can reasonably tolerate such uses during peak use
periods without destroying the integrity and character of the shoreline.
i l
(`�7
a
Figure 4.5 Diverse recreational opportunities.
Policies:
1. Recreational facilities should be developed for diverse recreational uses.
2. Design and locate recreational facilities to facilitate access by public transportation.
40 Kent SMP:Section 4.0-Shoreline Elements
May, 1999
Kent Shoreline Master Program
3. Provide fishing areas through City or State acquisition of property.
Figure 4.6 Provide fishing areas through the acquisition of property.
4. The City encourages the coordination of local, regional, state and federal planning so as
to satisfy mutual recreational needs. Shoreline recreational developments should be
consistent with local adopted park, recreation, and open space plans.
5. The City encourages the use of shoreline street ends and publicly owned lands for public
access and development of recreational opportunities when suitable parking facilities are
available.
6. The City encourages acquisitions for open space that preserve environmentally sensitive
areas, provide wildlife habitat, and offer opportunities for education and interpretation
within the shoreline jurisdiction.
GOAL 2: Public recreation opportunities along the Green River should be maximized
by development of a regional riverfront park system and greenbelt/open
space systems.
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.
Kent SMP:Section 4.0-Shoreline Elements 41
May, 1999
Kent Shoreline Master Program
2. Ensure that designated sections of the riverfront are available to the public for recreation.
This may include City, County, State and privately-owned recreational facilities open to
the public.
3. Design any public development adjacent to private property to protect the rights and
privacy of the private property owners.
4. Provide a trail system along the entire shoreline.
5. Acquire and dedicate as public recreation sites the areas between the waterline and
setback levees, when compatible with the natural environment.
6. Provide large parks for river access, interpretive natural areas,picnic areas, open play
areas, quiet natural areas, restrooms,parking, etc.
GOAL 3: Maintain and enhance the existing Lake Meridian Park.
Policy:
1. Provide diverse recreational opportunities compatible with the natural environment.
GOAL 4: Provide public fishing areas along the Green River and Lake Meridian
shoreline.
Policies:
1. The City should acquire property and should encourage the State Department of Fish and
Wildlife to acquire property to provide additional fishing areas and accesses along the
Green River.
2. Maintain current fishing access along Lake Meridian.
3. Ensure proper use and adequate maintenance of all boat launches.
GOAL 5: Along the Green River, encourage private water-oriented recreational
development which is open to the public in areas located outside the public
park areas.
Policy:
1. Encourage nonmotorized recreational boating facilities, as long as they are compatible
with other uses and the natural environment.
42 Kent SMP:Section 4.0-Shoreline Elements
May, 1999
Kent Shoreline Master Program
GOAL 6. Provide recreational opportunities along Big Soos Creek.
Policy:
1. Include a public non-motorized trail connecting any public access points in recreational
facilities developed in the shoreline jurisdiction.
4.6 CONSERVATION
This is an element for the preservation of the natural shoreline resources, and considers such
characteristics as scenic vistas, parkways, estuarine areas for fish and wildlife protection,
beaches and other valuable natural or aesthetic features.
GOAL 1: Identify, preserve and restore the remaining natural resources of the
shoreline such as wildlife habitats, fishery resources,wetlands, beaches,
natural vegetation, and other fragile elements.
till
I
Figure 4.7 Wetlands provide habitat for wildlife.
Policies:
1. Protect and restore aquatic habitats, spawning grounds, wildlife habitats and wetlands.
2. Avoid or minimize stream or lake bed disturbance.
Kent SMP:Section 4.0-Shoreline Elements 43
May, 1999
Kent Shoreline Master Program
3. Along the Green River, slope any proposed new riverbank protection (wet side)to allow _
escapement of fish after high water.
4. Prohibit development in unique or fragile areas. -
GOAL 2: Preserve the scenic and aesthetic qualities of the shoreline.
Policy: -
1. Balance the restoration of natural vegetation with maintenance of scenic views.
GOAL 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.
3. Encourage the reestablishment of natural vegetation along the shorelines.
4. Preserve existing trees and natural vegetation along the Green River or Big Soos Creek
unless necessary for public safety or public access levee maintenance.
5. Discourage the use of building materials which have significant adverse physical or
chemical effects on water quality, vegetation, fish and wildlife in or near the water.
6. Locate, design, construct and maintain all measures for controlling erosion, stream flow
rates or floodwaters through the use of stream control works so that net off-site impacts
related to water do not degrade the existing water quality.
GOAL 4: Protect and enhance salmonid habitats in Kent.
Policies
1. The City encourages aggressive efforts to protect and enhance salmonid habitat because
of its importance to the aquatic.eco system and the local economy.
2. Non-water dependent or non-water-related uses, activities, structures, and landfills should
not be located in salmonid habitats.
44 Kent SMP:Section 4.0-Shoreline Elements
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Kent Shoreline Master Program
3. Locate and design all developments so that they have no impact on salmonid habitat, or at
a minimum, have the least possible adverse impact on salmonid habitat. The City shall
develop mitigation measures for adverse impacts in consultation with,the State
Department of Fish and Wildlife, the Army Corps of Engineers,the Washington State
Department of Ecology, and the Muckleshoot Indian Tribe.
4. The City generally prefers soil bioengineering for bank protection of lakes and streams
used by salmonids. Also see the Specific Shoreline Use Policies and Performance
Standards (Chapter 6) of this master program.
5. The City prefers floating structures and open pile structures over landfills or solid
structures in water areas used by salmonids.
6. The City prefers full-spanning structures without center support piles for crossing water
areas used by salmonids. Bridge abutments should be landward of the 100 year
floodplain.
7. Require structures and uses that create significant impervious surfaces to include
stormwater treatment systems to reduce downstream transport of sediments and
pollutants. The City encourages that consideration be given to reducing or avoiding the
use of impervious surfaces in upland developments, and likewise to removing impervious
surfaces where possible in areas being redeveloped. Reductions in impervious surface
areas can lessen the size and cost of required runoff treatment facilities.
8. Minimize the discharge of soil, silt, and sediments into waterways during in-water and
upland construction through the use of erosion and sediment control practices.
9. The City encourages Adopt-A-Stream programs and similar efforts that to-protect and
rehabilitate salmonid spawning,rearing, feeding, refuge, and migration.
10. The City of Kent encourages consideration of shoreline restoration and remediation
incentive programs. Such programs could identify if, in some areas and under certain
circumstances, the setbacks required in this shoreline master program could be reduced in
exchange for developer agreements to provide restoration of the shoreline_
4.7 HISTORICALXULTURAL
GOAL 1: Encourage and provide for the identification, preservation, restoration,
development and interpretation of historical, cultural, and educational sites.
Kent SMP:Section 4.0-Shoreline Elements 45
May, 1999
Kent Shoreline Master Program
Policies:
1. Designate, acquire, protect, and restore shoreline areas having archaeological, historical,
cultural, educational or scientific value.
2. Provide access to historic and cultural sites to the general public, when consistent with _
the protection of the sites.
3. Encourage public and private cooperation in site preservation and protection.
4. Provide information on historic and cultural sites in the form of signs or other
interpretation of historic and cultural features, when consistent with the protection of the
features.
c�rtm R�vra-
r(aAdoc�=svi11[. (ia"div�
212 St.
21 bt. •
V&A DoYtAS I/ LuVlq N
J
Suast
�.luly Lcwairq .�"ar»c.a t.
J
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La skov�s La"Aiv,J �lvo rds U'°""d"l
•
• Saud >G+dds
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Figure 4.8 Riverboat landings are of historical significance.
5. Encourage educational projects and programs that foster a greater appreciation of the
importance of shoreline management, environmental conservation, and shoreline history.
46 Kent SMP:Section 4.0-Shoreline Elements
May, 1999
Kent Shoreline Master Program
GOAL 2: 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 a period of time so that their significance can be determined.
2. To ensure their preservation and protection, significant sites should be a high priority for
acquisition by the city or other appropriate entity.
4.8 FLOOD CONTROL
This is an element for the location and design of flood control works along the Green River
shoreline.
GOAL 1: Ensure future flood control works are in the public benefit.
Policies:
1. Ensure that all flood control project proposals in Kent are based on a thorough analysis of
the potential impacts on the shoreline and an examination of alternative measures, for
example, the control or reduction of surface water runoff.
2. Require that flood control works are designed for multiple uses.
3. The City shall acquire public access to the flood control works prior to construction.
4. Design flood control projects to maximize open space elements which are not subject to
extensive flood damage, such as parks and agriculture.
5. Design flood control projects to provide diverse public recreational opportunities, such as
fishing, swimming, boating, birdwatching, viewing, etc.
6. Design and manage flood control works to avoid or minimize negative impacts, and
enhance and restore the natural environment and wildlife habitat.
7. Design, landscape and plant flood control projects to maximize a natural shoreline
appearance, fish and wildlife habitat values,public access, and public recreation.
8. Provide dike setbacks at favorable locations that promote bank stabilization, restoration
of natural habitat and large river-level access parks.
i
Kent SMP: Section 4.0-Shoreline Elements
47
May, 1999
Kent Shoreline Master Program
Figure 4.9 Flood control works can be combined with public access and open space buffers.
GOAL 2: Ensure that shoreline stabilization activities conducted for flood control
and/or habitat restoration purposes are in the public benefit and protective
of the overall river corridor environment.
1. Shoreline stabilization shall not be used to create new lands.
2. Permit shoreline stabilization only when it has been demonstrated that shoreline
stabilization is necessary for the protection of legally established structures and public
improvements.
3. Require that all shoreline modification activities be in support of a permitted shoreline
use that is in conformance with the provisions of this master program unless it can be
demonstrated that such activities are necessary and in the public interest.
4. Place shoreline stabilization solutions that replace existing shoreline stabilization along
the same alignment as the shoreline stabilization being replaced; however,these may be
placed waterward, directly abutting the old structure, in cases where removal of the old
structure would result in construction problems or severe environmental impacts as
determined by the City of Kent.
48 Kent SMP:Section 4.0-Shoreline Elements
May, 1999
Kent Shoreline Master Program
5. Shoreline stabilization shall not significantly interfere with normal surface and/or
subsurface drainage into the water body.
6. Design shoreline stabilization so that it does not constitute a hazard to navigation,nor
substantially interfere with visual access to the water.
7. Design shoreline stabilization to not create a need for shoreline stabilization elsewhere.
8. Require professional design of shoreline stabilization works, as approved by the City.
Kent SMP:Section 4.0-Shoreline Elements 49
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Kent Shoreline Master Program
50 Kent SMP.Section 4.0-Shoreline Elements
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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 and Environment Designations of the
Kent Shoreline Master Program and the policies found in the Shorelines Management Act.
5.1 SHORELINES OF STATEWIDE SIGNIFICANCE
The Shoreline Management Act of 1971 designated certain shoreline areas as shorelines of
statewide 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.
I
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 statewide significance, give preference to the following uses, in the-descending order of
preference:
1. Recognize and protect the statewide interest over local interest.
2. Preserve the natural character of the shoreline.
Kent SMP:Section 5.0—General Performance Standards 51
May, 1999
Kent Shoreline Master Program
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 the Green River shoreline,
a shoreline of statewide significance, in addition to any other applicable performance standards
in this Program:
1. Recognize and protect the statewide interest over local interest:
a. Solicit comments and opinions from groups and individuals representing
statewide interests by circulating proposed master program amendments and uses
for review and comment by state agencies, adjacent jurisdictions, local officials,
citizen advisory committees, and statewide interest groups.
b. Recognize and take into account state agencies'policies,programs and
recommendations in developing and administering use regulations and in
approving shoreline permits.
C. Solicit comments, opinions and advice from individuals with expertise in ecology,
biology, geology, limnology, aquaculture and other scientific fields pertinent to
shoreline management.
2. Preserve the natural character of the shoreline:
a. 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.
b. 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 uses
or underdeveloped areas.
C. Protect and preserve the existing diversity of vegetation and habitat values,
wetlands, and riparian corridors associated with shoreline areas.
3. Result in long-term over short-term benefit:
a. Evaluate the short-term economic gain or convenience of developments relative to
the long-term and potentially costly impairments to the natural shoreline.
b. Preserve shorelines of statewide significance for future generations, and restrict or
prohibit development that would damage shoreline resources.
52 Kent SMP:Section 5.0—General Performance Standards
May, 1999
Kent Shoreline Master Program
C. Encourage restoration of the natural character of the shoreline in developed areas.
d. Actively promote aesthetic considerations when contemplating new development,
redevelopment of existing facilities or the general enhancement of shoreline areas.
4. Protect the resources and ecology of the shoreline:
a. Leave undeveloped those areas which contain unique or fragile natural resources.
b. 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.
C. Restrict or prohibit public access into areas when necessary to protect the
resources and ecology of the shoreline.
d. Minimize development activity that will interfere with the natural functioning of
the shoreline ecosystem.
e. 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 of recreational
developments.
f. Shoreline materials including, but not limited to, bank substrate, soils, beach
sands, and gravel bars should be left undisturbed by shoreline development.
g. Preserve environmentally sensitive areas for use as open space or buffers.
h. Encourage the restoration of presently degraded wetland areas.
5. Increase public access to publicly owned areas of the shoreline:
a. Give priority to developing paths and trails to the Green River, providing linear
access along the river shoreline, and to developed upland parking.
b. Locate development landward of the ordinary high water mark so that access is
enhanced.
6. Increase recreational opportunities for the public on the shoreline:
a. Plan for, and encourage, development of facilities for recreational use of the
shoreline.
Kent SMP:Section 5.0—General Performance Standards 53
May, 1999
Kent Shuteline Master Program
b. 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.
2. In the event that unforeseen factors constituting an emergency as defined in RCW
90.58.030 necessitate rapid action to retrieve or preserve artifacts or data identified
above, the project may be exempted from the permit requirement of these regulations.
The City shall notify the State Department of Ecology, the State Attorney General's
Office, and the State Historic Preservation Office of such a waiver in a timely manner.
5.3 CLEARING AND GRADING
1. All clearing and grading activities shall be limited to the minimum necessary for the
intended development. Within the Urban - River Resource and Urban - Stream Corridor
environments, clearing and grading within designated setback areas is prohibited unless
associated with public recreation activities, restoration and enhancement of natural
vegetation or wildlife and aquatic habitat, utility construction or required landscaping.
r
Figure 5.2 Clearing and grading shall be minimized.
2. Unless exempted by the SMA, clearing and grading activities shall be allowed only when
associated with a permitted shoreline development. Upon completion of construction,
54 Kent SMP:Section 5.0—General Performance Standards
May, 1999
Kent Shoreline Master Program
remaining cleared areas shall be replanted with native vegetation or other plantings
approved by the Administrator. Replanted areas shall be maintained such that within
three-years the vegetation is fully reestablished.
3. No cutting, damage, or removal of trees over six (6) 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
shall 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 shall provide for the replacement and maintenance of any trees
removed. The developer may be required to replace trees at a ratio greater than 1:1.
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 reestablished in the disturbed area.
5. Any significant placement of materials from off-site (other than surcharge or pre-load) or
substantial raising of dry upland shall be considered landfill and shall also comply with
the landfill provisions contained4n.this Master Program.
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. Solid and liquid wastes and untreated effluents shall not be allowed to enter any bodies of
water or to be discharged onto land.
3. The release of oil, chemicals, or hazardous materials onto land or into the water is
prohibited. Equipment used in association with such materials shall be maintained in safe
and leak-proof condition. If there is evidence of leakage,the further use of such
equipment shall be suspended until the deficiency has been satisfactorily corrected.
4. All shoreline uses and activities shall use Best Management Practices (BMPs)to
minimize any increase in surface runoff and to control, treat, and release surface runoff.
5. All shoreline development shall utilize effective erosion control methods during project
construction and operation.
Kent SMP:Section 5.0—General Performance Standards 55
May, 1999
Kent Shoreline Master Program
f
Figure 5.3 A natural fiber mat stabilizes slopes and allows natural vegetation to permeate.
6. For other than single-family lots,the application of fertilizers, herbicides and pesticides
shall be prohibited within one hundred (100) feet landward of the Ordinary High Water
Mark (OHWM). Fertilizers, herbicides and pesticides shall not be applied or allowed to
directly enter water bodies or wetlands unless approved for such use by appropriate
agencies (U.S. Department of Agriculture, U.S. Environmental Protection Agency,
Washington Department of Ecology).
7. All shoreline uses and activities shall be located, designed, constructed and managed to
minimize interference with beneficial shoreline processes such as water circulation, sand
and gravel movement, erosion, and accretion.
8. 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.
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.
56 Kent SMP:Section 5.0—General Performance Standards
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Kent Shoreline Master Program
2. Development located in, or adversely affecting sensitive areas, wetlands, fish and wildlife
habitats, migratory routes, spawning areas, and unstable bluffs, or scenic vistas shall be
avoided or minimized.
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.
Bu9k.r
dra�nagc C1��an�e1
new drNcloy�rnw,i'
rivcr ''Nu�r'
Figure 5.4 Environmentally sensitive areas shall be maintained as open space buffers.
4. The use of herbicides and pesticides shall be prohibited to remove noxious plants in
streams, lakes and wetland areas except where no reasonable alternatives exist and it is
demonstrated that such an activity is in the public interest. Mechanical removal of
noxious weeds shall be timed and carried out in a manner to minimize any disruption of
wildlife or habitat.
5.6 WETLANDS
In 1993,the City adopted a wetlands management ordinance,pursuant to the requirements of
RCW 36.70A.060 as adopted in the Growth Management Act(GMA). In doing so, the City
established a new Chapter 11.05 which outlines delineation methodologies for wetlands and
regulations to protect them. The definition of"wetland" in Section 11.05.020 is consistent with
the definition of wetland found in the GMA (RCW 36.70A.030(20)). For the purposes of
shoreline management, the definition of"wetland" found in WAC 173-22-030(19) is consistent
with the GMA definition. Therefore,the City's definition of"wetlands" and regulations found in
Chapter 11.05 are consistent with the definition of wetland in the SMA and GMA, and will be
used to manage and regulate wetlands in the shoreline jurisdiction, as well as the rest of the city.
Kent SMP:Section 5.0—General Performance Standards 57
May, 1999
Kent Shoreline Master Program
5.7 SALMON AND STEELHEAD HABITAT
Applicability
Salmon and steelhead are two of the enduring symbols of the Northwest. Salmon and steelhead
(salmonids) are also important economic and recreational resources throughout the region. In
order to maintain and promote salmonid habitat in areas of Kent upstream of the Green River and
Big Soos Creek, it is vital to protect and enhance salmonid habitats in both their immediate
shoreline areas and in the tributaries that serve these waterways.
Potential salmonid habitats within shorelines in Kent include: 1) gravel bottomed streams used
for spawning; 2) areas of streams, lakes, and wetlands used for rearing, feeding, and refuge from
predators and high waters; and 3) streams and lakes used as migration corridors. Lake Meridian,
while providing habitat to other fish species (bass, etc.), is not considered to provide salmonid
habitat.
0
� p
r p
Figure 5.5 Impacts to salmon habitats shall be minimized.
58 Kent SMP:Section 5.0-General Performance Standards
May, 1999
Kent Shoreline Master Program
Kent Salmonid and Steelhead Habitat Areas
There are two main watercourses and one body of water that are classified as being wholly
within the jurisdiction of the shoreline master program of the City of Kent. Lake Meridian is the
body of water and the drainage courses are:
1. The Green River or Duwamish River(throughout its length in the City), and
2. Big Soos Creek (downstream from where the Creek passes the Kent-Kangley Road to the
south City limits).
Watercourse Habitat
In addition to those watercourses that have a mean annual flow of 20 cfs or more, there are
several small tributary streams that flow through the 200-foot wide shoreline jurisdiction.
Auburn's Mill Creek flows into the Green River from the south at West Valley Highway.
Mullen Slough flows into the river from the south side. Midway Creek flows into the river from
the west adjacent to Kent's Riverbend Golf Course.
The Green River is a travel corridor for Chinook (Oncorhynchus tshawytscha), coho
(Oncorhynchus kisutch), and chum (Oncorhynchus keta) salmon as well as sea-run cutthroat
(Oncorhynchus clarkii) and steelhead (Oncorhynchus mykiss)trout. Both Chinook and chum
salmon spawn in the Green River within the city limits of the Kent. All species of salmonids use
the river and its tributaries for rearing and refuge,with steelhead and cutthroat trout being the
longest freshwater residents.
Chinook and coho salmon, as well as steelhead and cutthroat trout, use Big Soos Creek. The
main stem of the creek provides spawning, rearing, and refuge habitat for all salmonid species.
Soos Creek is one of the two major tributary streams to the Green River and is extremely
important with respect to salmonid production in the Green River watershed.
It is important to note that there are other species of fish and aquatic organisms in these drainage
courses, including three-spine stickleback (Gasterosteus aculeatus) and various species of
sculpin (Cottus sp.). Other aquatic organisms include a large variety of macroinvertebrates (e.g.,
mayfly, stonefly, and caddis fly)that are the primary food source for salmonids.
Lake Habitat
Lake Meridian currently has no direct connection to Big Soos Creek although it is in the Soos
Creek watershed. The Washington Department of Fish and Wildlife (WDFW) manages the lake
as a"put-and-take" fishery with periodic planting of rainbow trout (Oncorhynchus mykiss)that
are raised in WDFW hatcheries.
Because of the importance of these sensitive habitat areas,this Shoreline Master Program gives
special attention to them. The following policies and regulations apply to the waterbodies
addressed in Kent shoreline master program, and the portion of the streams within the two
b hundred (200) foot shoreline jurisdiction that provide habitat for salmonids.
Kent SMP:Section 5.0—General Performance Standards 59
May, 1999
Kent Shoreline Master Program
Performance Standards
1. Structures and uses shall be allowed in salmonid habitat only if the proponent provides
for in-place or in-kind mitigation of impacts to the affected habitat areas.
2. Fish bypass facilities shall allow the upstream migration of adult fish. Fish bypass
facilities shall prevent fry and juveniles migrating downstream from being trapped or
harmed.
3. Landfills shall not intrude into salmonid habitats, except as provided in regulation 4
below.
4. Landfills may intrude into areas used by salmonids for migration corridors, rearing,
feeding, and refuge only where the proponent obtains a conditional use permit and
demonstrates that all of the following conditions are met:
a. The landfill is for a water-dependent use;
b. An alternative alignment, location or technology is not feasible;
C. The project is designed to minimize its impacts to the environment;
d. The project does not adversely affect salmonid spawning habitat;
e. The facility is in the public interest; and
f. If the project will create significant unavoidable adverse impacts on habitat, the
impacts are mitigated by creating in-kind replacement habitat near the project.
Where in-kind replacement mitigation is not feasible, rehabilitation of degraded
habitat may be required as a substitute.
5. New water crossing structures (excluding piers and docks)must be designed and
constructed in a manner that minimizes impacts to aquatic habitat in lakes and streams.
Bridges are the preferred type of water crossing structure, with the following conditions:
a. Supports for bridges over streams must be landward of the 100 year floodplain,
and only under extreme circumstances may supports be located between the 100
year floodplain and the ordinary high water mark. Under no circumstances shall
such supports be located_waterward of the ordinary high water mark, and
b. Bridges over sections of the Green River must be full-spanning structures.
6. If a bridge is not feasible for a stream crossing, the City of Kent may allow the use of
stream conveyance facilities beneath a crossing subject to a review of site conditions and
potential impacts by city staff and state and federal regulatory agencies. All stream
conveyance facilities must have natural stream bed materials in the bottom to replicate
60 Kent SMP:Section 5.0—General Performance Standards
May, 1999
Kent Shoreline Master Program
habitat conditions in the natural stream channel. Due to this requirement, the descending
order of priority for stream conveyance facilities is currently as follows:
a. Bottomless arch culverts are preferable because they preserve the natural bed of
the stream channel;
b. If an artificial-bottomed culvert must be used, it is preferable to use an elliptical
culvert because it provides a wider channel bottom than a circular culvert;
C. If neither a bottomless arch or elliptical culvert can be used,then it is acceptable
to use a circular culvert.
d. Any culvert used as a crossing structure shall be as short in length as possible, and
use vertical head walls instead of mitered ends.
The City of Kent may decide on a case-by-case basis what is acceptable for
accomplishing a water crossing based on the review of site conditions. The city may also
consider the use of new water crossing technologies as they emerge.
7. New in-water utility corridors may be located in salmonid habitat provided the proponent
shows that all of the following conditions are met:
a. An alternative alignment is not feasible;
b. The project is located and designed to minimize its impacts on the environment;
C. Adverse impacts caused by the project are adequately mitigated; and
d. Any landfill is located landward of the ordinary high water mark.
e. Notwithstanding Regulation E of this section, when installing in-water utilities,
the installer should reestablish the preconstruction elevation and contour of the
lake or stream bed. Placement of fill materials shall be conducted in a manner
that minimizes impacts on the environment, and
f. The facility is in the public interest.
8. Dredging which will adversely affect habitat used by salmonids for migration corridors,
rearing, feeding and refuge shall be allowed only when the proponent obtains a
conditional use permit and demonstrates that all of the following conditions are met:
a. The dredging is for a water-dependent use;
b. An alternative to dredging or an alternative dredging location is not feasible;
C. The dredging activities are designed to minimize impacts on the environment;
Kent SMP:Section 5.0—General Performance Standards 61
May, 1999
Kent Shoreline Master Program
d. The dredging project is in the public interest; and
e. If the project will create significant unavoidable adverse impacts on habitat, the
impacts are mitigated by creating in-kind replacement habitat near the project.
Where in-kind mitigation is not feasible, rehabilitation of degraded habitat may be
required as a substitute.
9. Dredging and removal of bed materials below the OHWM is prohibited within salmonid
spawning areas.
10. Permanent lake bed or stream channel modifications and realignments are prohibited
within salmonid habitats, except when the proposed modifications or realignments are
part of a fish habitat restoration or enhancement project which has been reviewed and
approved by the Washington Department of Fish and Wildlife, United States Fish and
Wildlife Service, or the Army Corps of Engineers.
11. The removal of aquatic and riparian vegetation within or adjacent to salmonid habitat
shall be minimized. Areas of disturbed earth shall be revegetated as soon as possible _
12. Outfalls within or upstream of salmonid spawning areas shall be designed and
constructed to minimize scouring or other disturbance of salmonid spawning beds.
5.8 PUBLIC ACCESS
1. For all shoreline substantial developments within the Urban - River Resource
environment, if a public access easement has not already been granted for the Green
River Trail system, 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.
_._._...so__ orditi•rJ "igi,wrrw
' publiL access , m�r►�,
�'+cnkint�
i
I
'• andt►Fccl 6l�ort.
Figure 5.6 Public access easements.
62 Kent SMP.Section 5.0—Genera/Performance Standards
May, 1999
Kent Shoreline Master Program
2. Within the Urban- River Resource environment, one twenty (20) foot wide public
pedestrian and 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.
I _
1
1
k000
I
Figure 5.7 Public access to the riverfront shall be provided every 1000 feet.
3. Within the Urban- River Resource environment, one off-street public parking space shall
be provided for every one hundred seventy-five (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.
4. In review of all shoreline permits within the Urban - River Resource environment, 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:
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;
Kent SMP:Section 5.0—General Pen°onnance Standards 63
May, 1999
Kent Shoreline Master Program
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; and
e. Significant undue and unavoidable conflict between any access provisions and the
proposed use and/or adjacent uses would occur and cannot be mitigated.
5. Within the Urban - Lake Residential and Urban - Stream Corridor environments,
shoreline substantial development permits may require common open space or public
access along the shoreline, when compatible with the natural environment.
6. All public access points shall be provided through an easement, covenant, or similar legal
agreement recorded with King County.
n
Figure 5.8 Public access.
7. Public access provided by shoreline street ends, public utilities and rights-of-way shall
not be diminished.
64 Kent SMP.Section 5.0—General Performance Standards
May, 1999
Kent Shoreline Master Program
5.9 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 water or shoreline.
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 have as low a profile as possible and shall be
constructed as far landward as possible to avoid interference with views from
surrounding properties to the shoreline and adjoining waters.
• �� Jd
44
Figure 5.9 Viewing platform.
5.10 OTHER STANDARDS
1. Within the Urban- River Resource environment, loading docks shall not be located on
river-facing sides of buildings unless a minimum fifty (50) foot buffer of native
vegetation is provided to screen the loading docks from the shoreline. In no case shall
staging of trucks or trailers, or outdoor storage or display occur on the river-facing side
of a building. 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.
2. Within the Urban- River Resource environment, building lengths facing the Green River
shall be limited to two hundred (200) feet.
Kent SMP: Section 5.0—General Performance Standards 65
May, 1999
Kent Shoreline Master Program
` l
-
4r
t nbX•
2CO \ Y
I -
?ubliL tccess
Figure 5.10 Buildings fronting the river are limited to 200 feet in length.
3. Within the Urban- River Resource Environment, no structure shall exceed two (2) stories
or twenty-five (25) feet in height except for bridge structures associated with arterial or
freeway river crossings; telephone or transmission poles may be permitted as conditional
uses.
------ 200 -- -- —� ONWM.
25'rn3kx
�hcight• pu{.IiG �
I
Figure 5.1 l Building height is limited to two stories or 25 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.
66 Kent SMP:Section 5.0— General Performance Standards
May, 1999
Kent Shoreline Master Program
. I I
I
200�
2..
Figure 5.12 Landscape buffers.
5. Surface drainage facilities such as drainage channels and retention areas shall be
designed, where feasible,to be integral parts of any common trail or open space system.
------------------
----------------
Mood Cor1fi-nl C,l�►a►nrl4--
Figure 5.13 Drainage facilities can be integrated into open space systems.
6. Except for piers, docks, floats, and moorages in the Urban - Lake Residential
environment,there shall be no overwater 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. Over-water crossings are permitted only in the Urban -
River Resource and Urban- Stream Corridor environments, where a need for such a
Kent SMP:Section 5.0—General Performance Standards 67
May, 1999
Kent Shoreline Master Program
crossing has been demonstrated, and such crossing shall (a)provide or allow for a safe
pedestrian access 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.
r �
Figure 5.14 The Meeker Street foot bridge enhances public access along the shoreline.
68 Kent SMP.Section 5.0—General Performance Standards
May, 1999
Kent Shoreline Master Program
6.0 SPECIFIC SHORELINE USE POLICIES AND
PERFORMANCE STANDARDS
6.1 AGRICULTURE
Agricultural use means land primarily devoted to the commercial production of horticultural,
vitcultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay,
straw, turf seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100
through 84.33.140, or livestock and that has been in long-term commercial significance for
agricultural production.
Performance Standards:
1. Erosion control measures shall conform to guidelines and standards established by the
Natural Resources Conservation Service of the U.S. Department of Agriculture,the
Stormwater Management Manual for the Puget Sound Basin and applicable local
regulations and standards.
2. Pesticides shall be used, handled, and disposed of in accordance with applicable Kent
regulations,the provisions of the Washington State Pesticide Application Act, Ch. 17.21
RCW, and the Washington State Pesticide Act(Ch. 15.57 RCW), as amended,to prevent
contamination and sanitation problems.
3. Livestock waste shall be disposed of in a manner that will prevent surface or groundwater
contamination, and in compliance with local regulations and standards.
4. Manure lagoons shall maintain a minimum one hundred foot(100) setback from any
water body, river, creek,wetland, and if located in the floodplain shall be constructed to
an elevation one (1) foot above the base flood level occurring at the site and adequately
covered.
5. Manure spreading shall be set back from the shoreline a sufficient distance, no less than
fifty (50) feet from the floodway boundary, edge of a wetland or ordinary high water
mark, whichever is furthest,to prevent animal wastes from entering water bodies or
wetlands adjacent to water bodies.
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, lake, or creek, the edge of any
wetland, or floodway edge, whichever is greater.
Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 69
May, 1999
Kent Shoreline Master Program
Limit fW -
Menurt
above, bass,I 1
Hoed lave!. I .
I � �
1
100 �
Figure 6.1 Manure setbacks and vegetative buffers.
6.2 AQUACULTURE
Aquaculture includes the farming or culturing of food fish, shellfish or other aquatic plants or
animals. There are no known aquacultural activities existing or anticipated within the three
shoreline environments of Kent.
Performance Standard:
1. All aquaculture shall be permitted only as a conditional use.
6.3 BOATING FACILITIES (MARINAS)
Boating facilities include marinas, covered moorage, boat houses, mooring buoys, and marine
travel lifts for ten (10) or more boats. For regulatory purposes, large community moorage
facilities, camp or resort marinas would also be reviewed as marinas. Accessory uses found in
marinas may include fuel docks, and storage, boating equipment sales and rental, repair services,
public launching, parking, groceries and dry goods.
Uses and activities which are associated with boating facilities which are identified as separate
uses in this master program (i.e., Piers and Docks, presented in section 6.9, OVERWATER
STRUCTURES) are subject to the regulations established for those uses. Regulations
pertaining to public boat launching facilities are found in section 6.11, RECREATIONAL
FACILITIES.
Currently, there are no boating facilities of this scale in the Kent shoreline jurisdiction. Because
of the intensity of this use, it is unlikely that a marina would be compatible with adjacent
development in any of the shoreline environments of the City. In addition, marinas affect
70 Kent SMP.Section 6.0-Specific Shoreline Use Policies and Performance Standards
May, 1999
Kent Shoreline Master Program
wildlife and fish habitats, although the degree of impact depends on such factors as the type of
construction and design, variety and number of boats using the facility and their density and
operation characteristics.
If environmental or other circumstances along the river change making this type of development
feasible and ecologically sound, and development of such facilities is considered in the future,
regulations will be established by amendment to this master program.
Boating facilities shall be prohibited in the Kent shoreline jurisdiction.
6.4 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 ordinary high water mark. Parking facilities associated with
such uses are subject to the setback requirement contained in the specific performance
standards for PARKING FACILITIES (Section 6.10).
Vitt4l om Physical
•• � commcrciAl dWclopv�cnt•
-frail \
' � tzoaol
4ml I
r•
RIV •"
Figure 6.2 Commercial buildings shall be set back a minimum of 200 feet from the OHWM.
Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 71
May, 1999
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 shall be configured to allow visual and physical access to the shoreline.
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, existing 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.
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.
72 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards
May, 1999
Kent Shoreline Master Program
6.5 DREDGING
Dredging is the removal of earth, gravel, silt or debris from the bottom of a river, stream or
other water body or wetland. Dredging material is disposed of on land or into water bodies and
may be intended for the purpose of creating new or additional lands for other uses. Dredge spoil
varies from clean river sand to organic sludge. While some of this materials is deposited on
land, a significant portion is dumped, intentionally or unintentionally, back into the water or
immediately adjacent to the water.
Of all activities on shorelines, dredging poses one of the greatest threats to water quality and
aquatic life.
In most cases, dredging occurs in shallow areas and may disturb the aquatic environment in the
following ways: (1) temporary reduction of water clarity from suspended sediments, (2) loss of
aquatic plants and animals by direct removal or from the sedimentation of suspended materials,
(3) alteration of the nutrient and oxygen levels of the water column, and (4) suspension of toxic
materials from the sediments into the water column.
All dredging activities shall comply with other state and federal regulations, as discussed in the
Performance Standards portion of section 5.7 of this master program.
Performance Standards:
1. Dredging to obtain bottom materials for the purposes of landfilling is prohibited.
2. Dredging operations shall be scheduled so as to not materially interfere with the life cycle
requirements of fish_
3. Dredge material disposal in water bodies shall be prohibited, except for habitat
improvement purposes.
4. Dredging and dredge material disposal shall be located and conducted in a manner that
minimizes damage to existing ecological values and natural resources of the area to be
dredged and of the disposal site.
5. A plan for deposit of dredged materials must be approved by the Shoreline Administrator.
6.6 INDUSTRIAL FACILITIES
Industrial facilities include facilities for processing, manufacturing, fabrication,or storage of
goods.
Kent SMP.Section 6.0-Specific Shoreline Use Policies and Performance Standards 73
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Kent Shoreline Master Program
Performance Standards:
1. For industrial uses, the building setback line shall be a minimum distance of two hundred
(200) feet from the ordinary high water mark. Parking facilities associated with such
uses are subject to the setback requirement contained in the specific performance
standards for PARKING FACILITIES. Additional applicable development standards
are provided in Section 5.10 (OTHER STANDARDS) of the general performance _
standards.
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Figure 6.4 Industrial development shall be set back a minimum of 200 feet from the OHWM.
Building lengths are limited to 200 feet.
2. Building setback lines shall take into account the need for visibility of the riverfront park
system from public roads at access points.
3. 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.
6.7 LANDFILL
Landfill is the placement of soil, sand, rock, gravel, or the other material to create new land
along the shoreline in order to raise the elevation.
Landfill is usually considered in locations where the water is shallow and where rooted
vegetation often occurs. In their natural condition, these same areas provide valuable habitat for
74 Kent SMP.Section 6.0-Specific Shoreline Use Policies and Performance Standards
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Kent Shoreline Master Program
fish and wildlife feeding, breeding, and shelter. Biologically, the shallow vegetation areas tend
to be highly productive portions of the Green River, Lake Meridian, and Big Soos Creek. For
these reasons, governmental agencies and scientific experts have generally taken a stand against
landfill.
A small landfill occurring on dry land landward of the ordinary high water mark, such as a
garden or a sandbox, which does not exceed a cost of two thousand five hundred ($2,500)
dollars, does not require a shoreline substantial development permit, as noted elsewhere in this
Master Program. Landfill development, however, must comply with all other applicable policies
and regulations as defined in this master program. Landfill activities not in compliance with this
master program are prohibited.
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;
f. Location of the landfill relating to the ordinary high water mark, or any wetland;
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. Landfills waterward of the ordinary high water mark shall be permitted only:
Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 75
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a. In conjunction with a water-dependent or public use permitted by this master - -
program, and for which there is no practical alternative;
b. In conjunction with a bridge for which there is a demonstrated public need and
where no feasible upland sites, design solutions, or routes exist;
C. For fisheries or wildlife enhancement projects; and
d. As part of an approved beach restoration project.
4. 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.
5. Where existing public access is reduced, equivalent public access shall be provided as
part of the project.
6. Any placement or removal of materials landward of the ordinary high water mark shall
comply with the general performance standards in section 5.3 (Clearing and Grading).
6.8 MINING
Mining is the removal of naturally occurring rock, sand, gravel and minerals from the earth.
There are no mining activities existing or anticipated within the shoreline jurisdiction. If such
uses are proposed in the future, regulations will be established by amendment to this master
program.
Mining is a prohibited use activity within all environments of the Kent shoreline jurisdiction.
6.9 OVERWATER STRUCTURES: PIER,DOCKS, FLOATS, BUOYS
Piers and docks are structures which abut the shoreline and are used as a landing or moorage
place for commercial transport and pleasure craft. Piers are built on fixed platforms supported
by piles above the water, while docks float upon the water.
Recreational floats are also addressed in this section. These floats are anchored off-shore
platforms used for water-dependent recreational activities such as swimming and diving.
Various mooring systems are discussed, including moorage piles. Moorage piles are single piles
located offshore to which a boat can be tethered. Launching ramps and lift stations used to place
and remove boats from the water, and covered moorage are also discussed.
Buoys are floating devices anchored to a lake or river bottom used for navigational purposes or
moorage.
76 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards
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Kent Shoreline Master Program
Currently, all of these overwater structures are present along the shorelines in Kent.
All of these types of facilities have positive and negative environmental aspects. Floating docks
generally have less of a visual impact on the shoreline than piers or pilings. However, docks
interrupt littoral drift of sediments and other suspended materials and, in rivers, can starve down-
current beaches where pile piers do not. Pile piers can provide diverse habitat for both desirable
and undesirable aquatic life. Docks and piers alike create impediments to boat traffic.
Pier construction requires regulation to protect navigation rights,to protect shoreline aesthetics,
and to maintain the useable water surface and aquatic lands for life forms characteristic and
important to those areas. The majority of the private residences along the Lake Meridian
shoreline currently have docks or piers. A public swimming and fishing pier also exists at Lake
Meridian Park.
Regulations pertaining to structures that extend over water in conjunction with other shoreline
activities (i.e., bridge construction crossing over water, etc.) are provided in their respective
section of this master program, including Section 5.10 (Other Standards) of Chapter 5, General
Performance Standards.
Exemptions
A dock is a landing and moorage facility for watercraft and does not include recreational decks,
storage facilities or other appurtenances. Construction of a dock, including a community dock,
designed for private, noncommercial pleasure craft, common to a single family, duplex, and
multiple-family residence, and costing less than ten thousand ($10,000) dollars and not
exceeding $2,500 in subsequent work completed within five year of the prior construction are
exempt from the requirement for a shoreline substantial development permit pursuant to RCW
90.58.030(3)(e)(vii) and WAC 173-27-040(2)(c). The City will review all development
proposals for piers and docks to determine if:
1. The proposal is or is not exempt from the requirement for a substantial development
permit;
2. The proposal is suitably located and designed and that all potential impacts have been
recognized and mitigated; and
3. The proposal is consistent with the intent, policies, and regulations of the Act, RCW
90.58.10(12), and this master program_
Performance Standards:
1. Overwater structures are prohibited in the Urban—River Resource environment and the
Urban— Stream Corridor environment, except as provided for in Section 5.10.
2. Overwater structures may be permitted in the Urban—Residential Lake environment,
i provided_
Y Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 77
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Kent Shoreline Master Program
a. Overwater structures which are not accessory to a residential use require a
conditional use permit_
b. No residential dwelling unit may be constructed on a pier, dock or other moorage
facility_
C. The design, location and construction of piers and docks shall minimize adverse -
effects on fish, shellfish, wildlife, water quality, and geohydraulic processes.
d. Piers and docks shall be located, designed and operated to minimize interference
with adjacent water uses.
e. Location and Dimensions
i. No pier, dock, moorage, float, or launching facility or structure authorized
by this master program may be located nor extend further waterward of
the ordinary high water mark than one-fourth (1/4t') the total distance
from the shoreline associated with the structure to the opposite shoreline.
This total distance shall be measured from the point where the authorized
structure abuts the ordinary high water mark to the nearest opposite
ordinary high water mark as measured along a straight line; provided,
when the structure does not abut the ordinary high water mark,the
distance from one ordinary high water mark to the opposite one ordinary
high water mark shall be measured along the shortest straight line passing
through the center of that structure which commences from the property
line associated with the structure.
ii. No pier, moorage, float, or overwater structure or device shall be located
closer than five (5) feet from the side property line extended, except that
such structures may abut property lines from the common use of adjacent
property owners when mutually agreed upon by the property owners in a
contract recorded with the King County Assessor's Office. A copy of this
agreement shall be submitted to the City of Kent Planning Department and
accompany an application for a building permit or a shoreline permit.
Such joint use piers may be permitted up to twice the surface area allowed
by this title.
iii. No pier, including finger pier, moorage, float, or overwater structure or
device shall be wider than fifty percent(50%) of the lot with which it is
associated.
iv. All piers, docks,;moorages, floats, or other such structures shall float at all
times on the surface of the water or shall be of open pile construction,
provided no portion of the deck of a pier shall, during the course of the
normal fluctuations of the elevation of the water body, protrude more than
78 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards
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five (5) feet above the ordinary high water mark, except as provided for in
section 6.9 2(g).
f. All overwater structures shall be constructed and maintained in a safe and sound
condition. Abandoned or unsafe overwater structures shall be removed or
repaired promptly by the owner..
g. Lighting associated with overwater structures shall be beamed, hooded or directed
to avoid causing glare on adjacent properties or water bodies.
h. Piles, floats or other structures in direct contact with water shall not be treated or
coated with herbicides, fungicides, paint, or pentachlorophenol. Use of wood
members treated with arsenate compounds or creosote is discouraged and shall
only be allowed in accordance with the following provision:
i. Untreated wood, precast concrete or other nontoxic alternatives shall be
used unless the applicant can demonstrate that no feasible alternative to
toxic treatments is available which will provide the structural
characteristics necessary for the project.
i. Temporary moorages shall be permitted for vessels used in the construction of
shoreline facilities. The design and construction of such moorages shall be such
that upon termination of the project, the aquatic habitat in the affected area can be
returned to its original (pre-construction) condition within one (1)year at no cost
to the environment or the public.
j. Overwater Structures Accessory to Single Family Residential Development
i. Piers, moorages, floats or launching facilities may be permitted accessory
to a single-family residence,provided:
a. Piers and Docks.
1. Private single residence piers for the sole use of the
property owner shall not be considered an outright use on
the Lake Meridian shoreline. A pier may be allowed when
the applicant has demonstrated a need for moorage and that
the following alternatives has been investigated and is not
Available or feasible:
a. Floating moorage buoys;
b. Joint use moorage pier.
2. No more than one (1)pier for each lot or lots containing a
residential dwelling unit on Lake Meridian, and no more
Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 79
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Kent Shoreline Master Program
than one (1)pier for each lot or lots with recorded easement
access to the lake as of January 1, 1999, is permitted.
3. On lots with less than fifty (50) feet of waterfront, only
joint use piers shall be permitted, except where both lots
abutting the subject lot have legally established piers and
docks. Only in this case may the lot with less than fifty
(50) feet of waterfront be permitted an individual pier or
dock.
4. Length. The maximum waterward intrusion of any portion
of any pier shall be one hundred and twenty (120) feet or
the point where the water depth is thirteen (13) feet below
the ordinary high water mark, whichever is reached first.
b. Moorage piles are permitted with the following limitations:
1. All piles shall be placed so as not to constitute a hazard to
navigation;
2. All piles shall be located within twenty (20) feet of a pier;
3. No pile shall be placed more than one hundred and twenty
(120) feet waterward from the ordinary high water mark or
in a water depth of thirteen (13) feet below the ordinary
high water mark, whichever is reached first;
4. The height of the piles shall be between two (2) and six (6)
feet above the ordinary high water mark; and
5. No more than two (2) moorage piles per residence are
permitted.
C. Launching ramps, launching rails, and lift stations are limited by
the following conditions:
1. The maximum waterward intrusion of any portion of any
launching ramp, launching rail, or lift station shall be sixty
(60) feet, or to the point where the water depth is eight(8)
feet below the ordinary high water mark, whichever is
reached first.
2. Launching rails shall be anchored to the ground with the
use of tie-type construction. Asphalt or concrete ramps or
other ramps which solidly cover the water body bottom are
not permitted.
80 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards
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Kent Shoreline Master Program
3. No more than one (1) launching rail per single-family
residence is permitted.
d. Floats may be permitted as an accessory to residential
development, under the following conditions:
1. One (1) float per single family residence is permitted.
2. Floats may be located up to a maximum waterward
distance of one hundred and fifty (150) feet, or at the point
where the water depth is thirteen(13) feet below the
ordinary high water mark, whichever is reached first.
3. Retrieval lines shall not float at or near the surface of the
water.
4. Area. No float shall have more than one hundred and fifty
(150) square feet of surface area.
5. Height. Floats must be built so that the deck surface is one
(1) foot above the water's surface and they must have
reflectors for nighttime visibility.
e. Excavated Moorage Slips. Excavated moorage slips are prohibited
in all Kent shoreline environments.
f. Total Surface Area. The total surface area of piers, moorages,
floats, and/or launching facilities, or any combination thereof shall
not exceed eight hundred (800) square feet of surface area.
g. Covered Moorage. Covered moorage, including canopies on
submerged, free-standing mechanical boat lifts associated with
single-family residential piers and recreational watercraft, are
permitted in the Urban-Lake Residential environment, provided:
i. No roof or canopy shall be more than twenty-five (25) feet
in length or wider than twelve (12) feet;
ii. No portion of the roof or canopy shall exceed a height of
nine (9) feet above the ordinary high water mark;
iii. The roof or canopy shall at no time have any side partly or
wholly enclosed;
iv. Canopies and roofs shall be of a solid color and should be
of a shade that is unobtrusive;
Kent SMP:Section 6.0-Specific Shoreline Use;Policies and Performance Standards 81
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Kent Shoreline Master Program
V. Only one (1) covered moorage per single family residence
shall be allowed;
vi. Covered moorage supported by piles shall be located as
close to shore as possible and in no case shall any portion
of the covered moorage extend further waterward than sixty -
(60) feet from the ordinary high water mark; and
vii. Covered moorage shall be located on the side of the pier or
dock closest to the center of the lot's shoreline.
k. Overwater Structures Accessory to Duplex, Multifamily, and Planned Unit
Development
i. Piers, moorages, floats or launching facilities may be permitted accessory
to a duplex and multifamily residence,provided:
a. Piers and Docks
1. No more than one (1)pier for each one hundred (100) feet
of shoreline associated with the duplex and multifamily
development, subdivision, short subdivision, or planned
unit development is permitted.
2. The total number of moorage spaces shall be limited to one
(1) moorage space for every two (2) dwelling units in the
duplex and multifamily development, subdivision, short
subdivision, or planned unit development provided no more
than twenty (20) moorage spaces shall be permitted .
b. Length and Dimensions
i. The maximum waterward intrusion of any portion of any
pier shall be eighty (80) feet, or the point where the water
depth is thirteen (13) feet below the ordinary high water
mark, whichever is reached first.
ii. The minimum width of each pier shall be five (5) feet.
C. Moorage piles not constructed in conjunction with a pier are
prohibited in all Kent shoreline environments.
d. Launching ramps, launching rails, and lift stations are limited by
the following conditions:
82 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards
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Kent Shoreline Master Program
1. The maximum waterward intrusion of any portion of any
launching ramp, launching rail, or lift station shall be sixty
(60) feet, or to the point where the water depth is eight (8)
feet below the ordinary high water mark,whichever is
reached first.
2. Launching rails shall be anchored to the ground with the
use of tie-type construction. Asphalt or concrete ramps or
other ramps which solidly cover the water body bottom are
not permitted.
3. No more than two (2) common use launching ramps or
launching rails for each one hundred (100) feet of
shorelines of the state associated with the duplex and
multifamily development, short subdivision, subdivision or
planned unit development is permitted.
d. Common use floats may be permitted as an accessory to duplex
and multifamily residential development, under the following
conditions:
1. One (1) float per duplex and multifamily development,
subdivision, short subdivision, or planned unit development
is permitted.
2. Floats may be located up to a maximum waterward
distance of eighty (80) feet, or at the point where the water
depth is thirteen (13) feet below the ordinary high water
mark,whichever is reached first.
3. Retrieval lines shall not float at or near the surface of the
water.
4. Area. No float shall have more than one hundred and fifty
(150) square feet of surface area.
5. Height. Floats must be built so that the deck surface is one
(1) foot above the water's surface and they must have
reflectors for nighttime visibility.
e. Excavated moorage slips shall not be permitted accessory to
p
duplex and multifamily development or as common use facilities
accessory to subdivisions, short subdivisions, or planned unit
developments.
f. Covered Moorage. No covered pier, covered float, or other
covered structure accessory to duplex and multifamily
Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 83
May, 1999
Kent Shoreline Master Program
developments, subdivision, short subdivision, or planned unit
development is permitted waterward of the ordinary high water
mark.
6.10 PARKING FACILITIES
Parking facilities are areas for the temporary storage of motor vehicles. The following
provisions apply only to parking that is accessory to a permitted shoreline use. Parking as a
primary use and parking which serves a use not permitted in the shoreline jurisdiction is
prohibited.
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
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.
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I
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e
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Figure 6.7 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.
3. Parking facilities shall be designed and landscaped to minimize adverse impacts upon
adjacent shoreline and abutting properties 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
Shoreline Master Program.
84 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards
May, 1999
Kent Shoreline Master Program
yoo' buildi►�Cf Sct�,k. ,
too �arlci h$ 5atback.
b'r•p� ve ctc h VG �u{f;cr
around Trarkivd.
Figure 6.8 A minimum 50 foot buffer of native vegetation is required to screen parking areas.
4. Exterior parking facilities for nonresidential uses shall be landscaped with vegetation in
such a manner that plantings provide effective screening within three (3) years of project
completion.
5. Parking facilities shall provide adequate facilities to control surface water runoff and to
prevent it from contaminating water bodies.
W,o'l i I}Yai ion.
S,,va le
o
Figure 6.9 Biofiltration swales provide treatment of runoff from parking areas. Lighting should be hooded or
directed to minimize glare.
Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 85
May, 1999
Kent Shoreline Master Program
6. Lighting associated with parking facilities shall be beamed, hooded or directed to avoid - -
causing glare on adjacent properties or water bodies.
6.11 RECREATION 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. This section applies to both public and
private noncommercial shoreline recreational facilities (excluding private residences) in Kent.
Performance Standards:
1. For recreational facilities which are structures, the building setback line shall be located a
minimum of one hundred (100) feet inland from the ordinary high water mark, or sixty
(60) feet from the right-of-way of a scenic and recreational drive, or seventy-five(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 (Section 6.10).
2. Public recreational facilities along the Green River (Urban—River Resource
environment) shall provide public access to the water's edge at a minimum of one access
point per mile. No recommended minimum public access intervals are required in the
Urban—Residential Lake environment (Lake Meridian) or the Urban— Stream Corridor
environment(Big Soos Creek).
4. In the Urban River Resource environment (Green River),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.
Figure 6.10 Recreation facilities along the river should connect to trail system.
86 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards
May, 1999
Kent Shoreline Master Program
6. All recreational developments shall make adequate provisions for:
a. Motorized, nonmotorized and pedestrian access;
b. The prevention of trespass onto adjacent properties, including but not limited to
landscaping and, where appropriate, fencing;
C. Signs indicating the publics' right of access to shoreline areas, installed and
maintained in conspicuous locations at the point of access and the entrance; and
d. Buffering of such development from adjacent private property or natural areas.
7. In approving shoreline recreational developments, the City shall ensure that the
development will maintain, enhance, or restore desirable shoreline features.
8. Swimming areas shall be separated from boat launch areas.
9. The construction of swimming facilities,piers,moorages, floats and launching facilities
waterward of the ordinary high water mark shall be governed by the regulations relating
to overwater structure construction in the that section of this SMP.
10. Public boat launching facilities may be developed, provided the streets and parking
facilities serving the proposed facility can safely and conveniently handle the traffic
generated by such a facility.
G4NO6, w47Ai<, RAC
Figure 6.11 Public boat launch areas.
Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards 87
May, 1999
Kent Shoreline Master Program
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. This
development includes single family, duplex, and multifamily dwellings, as well as accessory
uses and structures normally applicable to residential uses located landward of the ordinary high
water mark, including, but not limited to, swimming pools, garages, sheds, guest cottages,
fences,hot tubs, and saunas.
Permit Exemptions
A substantial development permit is not required for construction within shoreline jurisdiction by
an owner, lessee or contract purchaser of a single family residence for his own use or the use of
his family. However, such construction and all normal appurtenant structures must otherwise
conform to this master program. Development associated with an accessory dwelling unit is not
exempt from a shoreline permit.
Performance Standards:
1. Single family, duplex, and multifamily development are permitted in the shoreline
jurisdiction, subject to the general regulations of this Shoreline Master Program,
provided:
a. Single family development, duplex development, or multifamily development is
permitted in the underlying zone classification; and
b. Accessory dwelling units are permitted, as allowed in the underlying zoning, in
the shoreline jurisdiction, but require a shoreline permit.
C. Residential development, including floating homes, shall be prohibited waterward
of the ordinary high water mark
2. Structures or other development accessory to residential uses are permitted in the
shoreline jurisdiction, subject to the provisions of the City's zoning code.
Bulk Regulations for Development
3. Parking facilities associated with residential development are subject to the specific
performance standards set forth in the section on PARKING FACILITIES (Section
6.10).
4. Residential structures shall not be located on wetlands or in other sensitive areas. 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 sensitive
area, and local regulations.
88 Kent SMP:Section 6.0- Specific Shoreline Use Policies and Performance Standards
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Kent Shoreline Master Program
5. Urban - River Resource Environment and Urban Stream Corridor
a. Residential development shall maintain a minimum setback 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.
6. Urban - Lake Residential Environment
a. Residential structures shall be set back from the ordinary highwater mark a
distance equal to the average of the setbacks for existing dwelling units within
fifty (50) feet of side property lines. If there is only one or no dwelling units
within fifty (50) feet of side property lines, a twenty-five (25) foot minimum
shoreline setback requirement shall apply. No residence shall be required to be
set back more than seventy-five (75) feet from the ordinary high water mark,
unless a larger buffer is required by the Kent critical areas regulations (KCC
11.05). Any further setback reduction beyond that allotted in this section shall
require approval of a shoreline variance application.
b. Accessory structures shall not be greater than eight (8) feet in height,nor cover
more than one hundred and fifty (150) square feet in area
6.13 SHORELINE STABILIZATION
Shoreline stabilization is action taken to reduce adverse impacts caused by current, flood, wake
or wave action and includes structural and nonstructural techniques. Shoreline stabilization and
protection activities may also be undertaken to restore and enhance habitat areas. Structural
solutions generally include a combination of predominantly nonnaturally occurring materials
such as concrete, metal girding or reinforcements, wire meshing, etc., while a nonstructural
solution generally requires use of natural materials and/or processes aimed at stabilizing the
shoreline. Many of these techniques are currently being used in the City of Kent, or are
techniques that could be used to address local shoreline issues.
13 Beach Restoration or Enhancement
Beach enhancement is the alteration of exposed and submerged shorelines for the purpose of
stabilization, recreational enhancement, and or/aquatic habitat creation or restoration using native
or similar material.
Soil Bioengineering
In Kent, soil bioengineering techniques may be applied to areas such as the Green River and Big
Soos shorelines, and possibly Lake Meridian, and the upland areas away from the immediate
shoreline.
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D Revetments (Riprap)
A revetment is a sloped shoreline structure built to protect an existing eroding shoreline or newly
placed fill against waves, wakes, currents, or weather.
Bulkheads
Uses and activities related to bulkheads which are identified as separate use activities in this
program, such as LANDFILL and RESIDENTIAL DEVELOPMENT, are subject to the
regulations for those uses in addition to the standards for bulkheads established in this section.
a Rock Weirs, Jetties, and Groins
These types of structures obstruct sand and sediment carried by the littoral drift action along
shorelines. Trapping sand will effect plant and animal life to some degree. In areas of
significant sand migration along the shoreline, sand may cover aquatic life while the
consequential effects in other areas may be very small. Seasonal changes in wind direction,the
locations of sources of beach parent material, and the quantity of sand and sediment trapped by
such structures affect the degree of impacts they may have.
Exemptions
The following uses and activities related to shoreline stabilization are exempt from the
requirement to obtain a substantial development permit but must otherwise comply with
applicable provisions of the Shoreline Management Act and this local master program. These
exemptions, along with additional exemptions, are discussed in Chapter 7 (Administration)of this
Master Program).
Normal Protective Bulkhead.
Emergency Construction Necessary To Protect Property From Damage By The Elements.
13 Dikes, Ditches, and Drains- Operation and Maintenance
13 Watershed Restoration Projects
Performance Standards:
1. Such works shall provide for escapement of fish after high water.
90 Kent SMP.Section 6.0-Specific Shoreline Use Policies and Performance Standards
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Figure 6.12 Racks can be used in shore defense works to prevent trapping fish after high water.
2. Shoreline stabilization and modification projects shall provide evidence of all efforts to
avoid adverse impacts to the environment, minimize all adverse impacts, and mitigate all
adverse impacts as required by the City.
3. If public funds are used in the construction of shoreline stabilization and protection
projects, including dikes, levees, and flood walls,public rights-of-access to such works
are required prior to construction, if compatible with protection of shoreline resources.
4. Beach Restoration and Enhancement
a. Beach enhancement may be permitted when the applicant has demonstrated that
the project will not detrimentally interrupt littoral processes, redirect waves,
current, or sediment to other shorelines, or adversely affect adjacent properties or
habitat.
b. Natural Beach Restoration/Enhancement
i. Design Standards. Natural beach restoration/enhancement shall not:
a. Extend waterward more than the minimum amount necessary to
achieve the desired stabilization;
b. Disturb significant amounts of valuable shallow water fish/wildlife
habitat without appropriate mitigation of the impacts.
ii. Natural Beach Restoration Construction Standards.
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a. The size and/or mix of new materials to be added to a beach shall -
be as similar as possible to that of the natural beach sediment, but
large enough to resist normal current,wake, or wave action at the
site.
b. The restored beach shall approximate, and may slightly exceed, the
natural beach width, height, bulk or profile (but not as much as to
obviously create additional dry land).
iii. Beach enhancement is prohibited within fish and/or wildlife spawning,
nesting, or breeding habitat that would be adversely affected by it and also
where littoral drift of the enhancement materials would adversely affect
adjacent spawning grounds or other areas of biological significance.
5. Soil Bioengineering
a. All soil bioengineering projects shall use native plant materials appropriate to the
specific area including trees, shrubs, and grasses, unless demonstrated infeasible
for the particular site.
b. All cleared areas shall be replanted immediately following construction and
irrigated (if necessary)to ensure that within three (3) years time all vegetation is
ninety (90)percent reestablished. Areas that fail to adequately reestablish
vegetation shall be replanted with approved plant materials until such time as the
plantings are viable.
C. Bank stabilization in the form of a vegetated buffer zone shall be maintained for a
minimum of three (3) years. The buffer zone shall exclude activities that could
disturb the site. The most effective buffer zone protection measure is fencing.
d. All construction and planting activities shall be scheduled to minimize impacts to
water quality and fish and wildlife aquatic and upland habitat and to optimize
survival of new vegetation.
6. Revetments (Riprap)
a. When permitted, the siting and design of revetments shall be performed using
appropriate engineering principles, including guidelines of the U.S.Natural
Resources Conservation Service and the U.S. Army Corps of Engineers.
b. All forms of revetments shall be constructed and maintained in a manner that does
not degrade water quality and/or fisheries habitat.
C. Bank revetments, where permitted, shall be placed at the extreme edge or bank of
the shoreline.
d. Design of the proposed revetment shall incorporate proper consideration of:
92 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards
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1. Data on local geophysical conditions;
2. Data on stream or current flow, velocity, and/or flood capacity; and
3. Effects on adjacent properties.
This consideration shall include avoidance, minimization, and mitigation (as
defined by the City) of all adverse impacts resulting from the project.
7. Bulkheads
a. Bulkhead design and development shall conform to all other applicable local,
state, and federal agency regulations, including the criteria of the state
Department of Fish and Wildlife, governing the design of bulkheads.
b. Bulkheads are permitted on the Lake Meridian shoreline, but are prohibited on the
Green River and on the Big Soos shorelines.
C. On all shorelines, bulkheads shall not be placed waterward of the ordinary high
water mark. In addition:
i. On shorelines where no other bulkheads are adjacent, the construction of a
bulkhead shall be as close to the bank as possible and in no case shall be
more than three (3) feet from the toe of the natural bank.
ii. Bulkheads may tie in flush with existing bulkheads on adjoining
properties,provided that: 1) the adjoining bulkheads were built at or near
the ordinary high water mark, and 2)the new bulkhead does not extend
more than three (3) feet waterward of ordinary high water mark at any
point. If there is an existing bulkhead on only one of the adjacent
properties, the proposed bulkhead may tie in flush with the adjacent
bulkhead at, or landward of, the ordinary high water mark and shall be
contoured to minimize the land area waterward of the required setback(as
described in condition c.1. above), which shall be met on the side not
abutting an existing bulkhead.
iii. The maximum height of the proposed bulkhead shall be no more than four
(4) feet above the ordinary high water mark of Lake Meridian.
d. Replacement bulkheads may be located immediately in front of and abutting (i.e.,
sharing a common surface) an existing bulkhead, except where replacement
bulkheads abut an abandoned or neglected bulkhead or a bulkhead in serious
disrepair that is located more than three (3) feet waterward of the ordinary high
water mark. Replacement of such bulkheads shall be located at the ordinary high
water mark.
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e. New bulkheads shall be allowed only when evidence is presented that
conclusively demonstrates that one (1) of the following conditions exists:
i. Serious wave erosion threatens an established use or existing building(s)
on upland property; or
ii. Bulkheads are"necessary to the operation and location of water-dependent
and water-related activities consistent with this master program, provided
that all alternatives have proven infeasible (i.e., use relocation, use design,
nonstructural shore stabilization options) and that such bulkheads meet
other policies and regulations of this chapter; or
iii. Proposals for bulkheads have first demonstrated that use of natural
materials and processes and nonstructural solutions to bank stabilization
are unworkable in protecting existing development.
f. When a bulkhead is required at a public access site,provisions for safe access to
the water shall be incorporated into bulkhead design.
g. Stairs or other permitted structures may be built into a bulkhead, but shall not
extend waterward of it.
h. Fill behind bulkheads shall.be limited to an average of one (1) cubic yard per
running foot of bulkhead. Any filling in excess of this amount shall be considered
landfill and shall be subject to the policies and regulations pertaining to landfill
activities in this master program and the requirement for obtaining a shoreline
substantial development permit.
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.
94 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards
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Figure 6.13 Signage should be placed and designed to minimize the impact on vistas and viewpoints.
Performance Standards:
1. Signs shall comply with the City's sign ordinance (Chapter 15.06 KCC), except as
follows:
a. All signs shall be located and designed to minimize interference with vistas,
viewpoints and visual access to the shoreline.
b. Temporary or obsolete signs shall be removed within ten(10) days of elections or
termination of any other functions. Examples of temporary signs include: real
estate signs, directions to events,political advertisements, event or holiday signs,
and construction signs.
2. Allowable Signs. The following types of signs may be allowed in all shoreline
environments:
a. Water navigational signs, and highway signs necessary for operation, safety and
direction.
b. Public information signs directly relating to a shoreline use or activity, or
educational and interpretive signs associated with an adjacent trail system, park,
or open space.
C. Off-premise, freestanding signs for community identification, information, or
directional purposes.
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d. National, site and institutional flags or temporary decorations customary for -
special holidays and similar events of a public nature.
3. Prohibited signs. The following signs are prohibited in the shoreline environment:
a. Off-premise signs and billboards;
b. Banners, streamers, pennants and balloons;
C. Animated, blinking or flashing signs.
d. Signs placed on trees or other natural features.
4. 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 TRANSPORTATION FACILITIES
Transportation facilities are those structures and developments that aid in land, air, and water
surface movement of people, goods, and services. They include, but are not limited to, roads and
highways, bridges, bikeways,trails, and trestles, and associated development such as ramps or
culverts.
Performance Standards:
1. New rail lines are prohibited within Kent shoreline environments.
2. New road and bridge construction in the shoreline jurisdiction shall be minimized and
allowed only when related to and necessary for the support of permitted shoreline
activities.
3. Expansion of existing roadways shall be allowed only when the proponent obtains a
conditional use permit and demonstrates that:
a. No alternative route is feasible; and
b. The roadway is constructed and maintained to cause the least possible adverse
impact on the land and water environment.
C. The roadway is found to be in the public interest.
4. Along the Green River shoreline:
a. Roads extending along the shoreline shall be limited to two lanes;
96 Kent SMP:Section 6.0-Specific Shoreline Use Policies and Performance Standards
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b. Roads extending along the shoreline shall be developed as scenic boulevards for
slow-moving traffic;
C. Roads extending along the shoreline 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.
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Figure 6.13 Access to and from developments shall not include connections to scenic and recreational roads.
5. Whenever feasible, road routes shall make provisions for pedestrian and bicycle traffic.
6. Road designs must provide safe pedestrian and nonmotorized vehicular crossings where
public access to the shoreline and trail systems is intended.
7. Streets within the shoreline jurisdiction shall be designed with the minimum pavement
area required. Gravel and more innovative materials shall be used where feasible for
pathways and road shoulders to minimize the amount of impermeable surfaces and help
to maintain a more natural appearance.
8. Transportation and primary utility facilities shall be required to make joint use of rights-
of-way, and to consolidate crossings of water bodies to minimize adverse impacts to the
shoreline.
9. All debris and,other waste materials from roadway construction shall be disposed of in
such a way as to prevent their entry into any water body.
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10. Any road expansion affecting streams and waterways shall be designed to allow fish
passage and minimum impact to habitat.
11. Mechanical apparatus, rather than chemicals, shall be used for brush clearing
maintenance unless it is demonstrated that no feasible alternative exists.
12. Float planes shall conform to all applicable City codes and Federal Aviation
Administration standards and requirements for fuel, oil spills, safety and fire fighting
equipment, noise, and vehicle and pedestrian and swimmer separation.
13. Heliport facilities and services are prohibited in the Kent shoreline jurisdiction.
6.16 UTILITIES
Utilities are services or facilities which produce, transmit, or carry electric power, gas, sewage,
communications, water and oil. The Utilities category includes both"primary"and "accessory"
utilities. Primary utilities serve an area beyond the immediate shoreline jurisdiction, such as
solid waste handling and disposal,power generating or transfer facilities, gas distribution lines
and storage facilities, and high tension utility lines. Accessory utilities provide service to
shoreline uses, such as power, telephone, cable, water, sewer, and stormwater lines and systems.
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.
4. Where major facilities must be placed in a shoreline area, the location and design shall be
chosen so as not to destroy or obstruct scenic views. Type of screening required shall be
determined by the City on a case-by-case basis.
5. Utility facilities shall be located and designed to avoid destruction of, or damage to,
important wildlife areas, and other unique and fragile areas.
6. Utility facilities shall avoid disturbance of unique and fragile areas, as well as wildlife
spawning, nesting and rearing areas. If no alternative routing of utilities is available,
mitigation measures shall be required.
7. Solid waste disposal is prohibited within the shoreline.
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8. The location and construction of outfalls shall comply with all appropriate federal, state,
county, and city regulations.
l
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7.0 ADMINISTRATION
7.1 PURPOSE
There is hereby established an administrative system designed to assign responsibilities for
implementation of Kent's 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 Kent's 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 submit
materials for a preapplication conference as required under KCC 12.01.040 and 12.01.080, then
shall apply to the Administrator for a shoreline substantial development permit.
Development is defined by RCW 90.58.030(3)(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 value
exceeds two thousand five hundred dollars ($2,500.00) or, for docks built in fresh water, the
fair market value exceeds $10,000, or any development which materially interferes with the
normal public use of the water or shorelines of the state, except for those developments listed in
WAC 173-27-040.
7.3 EXEMPTIONS
Certain developments are exempt from the requirement to obtain a substantial development
permit. Such developments still may 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 173-27-040 and include the following
l. Any development of which the total cost or fair market value, whichever is higher, does
not exceed two thousand five hundred dollars, if such development does not materially
interfere with the normal public use of the water or shorelines of the state. For purposes of
determining whether or not a permit is required, the total cost or fair market value shall be
based on the value of development that is occurring on shorelines of the state as defined in
RCW 90.58.030 (2)(c). The total cost or fair market value of the development shall
include the fair market value of any donated, contributed or found labor, equipment or
materials;
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2. Normal maintenance or repair of existing structures or developments, including damage by -
accident,fire or elements. Replacement of a structure or development may be authorized
as repair where such replacement is the common method of repair for the type of structure
or development and the replacement structure or development is comparable to the original
structure or development including but not limited to its size, shape, configuration,
location and external appearance and the replacement does not cause substantial adverse
effects to shoreline resources or environment;
3. Construction of the normal protective bulkhead common to single-family residences. A
normal protective bulkhead is not exempt if constructed for the purpose of creating dry
land. When a vertical or near vertical wall is being constructed or reconstructed,not more
than one(1) cubic yard of fill per one (1) foot of wall may be used as backfill. When an
existing bulkhead is being repaired by construction of a vertical wall fronting the existing
wall,it shall be constructed no further waterward of the existing bulkhead than is
necessary for construction of new footings. When a bulkhead has deteriorated such that an
ordinary high water mark has been established by the presence and action of water
landward of the bulkhead then the replacement bulkhead must be located at or near the
actual ordinary high water mark. Beach nourishment and bioengineered erosion control
projects may be considered a normal protective bulkhead when any structural elements are
consistent with the above requirements and when the project has been approved by the
Department of Fish and Wildlife.
4. Emergency construction necessary to protect property from damage by the elements.
Emergency construction does not include development of new permanent protective
structures where none previously existed. Where new protective structures are deemed by
the administrator to be the appropriate means to address the emergency situation,upon
abatement of the emergency situation the new structure shall be removed or any permit
which would have been required, absent an emergency,pursuant to chapter 90.58 RCW,
these regulations, or the local master program, obtained. All emergency construction shall
be consistent with the policies of chapter 90.58 RCW and the local master program. As a
general matter, flooding or other seasonal events that can be anticipated and may occur but
that are not imminent are not an emergency;
5. Construction and practices normal or necessary for farming, irrigation, and ranching
activities, including agricultural service roads and utilities on shorelands, construction of a
barn or similar agricultural structure, and the construction and maintenance of irrigation
structures including, but not limited to,head gates,pumping facilities, and irrigation
channels: provided, that a feedlot of any size, all processing plants, other activities of a
commercial nature, alteration of the contour of the shorelands by leveling or filling other
than that which results from normal cultivation, shall not be considered normal or
necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or
capable of being used for feeding livestock hay, grain, silage, or other livestock feed,but
shall not include land for growing crops or vegetation for livestock feeding and/or grazing,
nor shall it include nornlal livestock wintering operations;
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6. Construction or modification,by or under the authority of the Coast Guard or a designated
port management authority, of navigational aids such as channel markers and anchor
buoys;
7. Construction on shorelands by an owner, lessee or contract purchaser of a single-family
residence and related appurtenances for their own use or for the use of their family,which
residence does not exceed a height of thirty-five(35) feet above average grade level and
which meets all requirements of the state agency or local government having jurisdiction
thereof. Construction authorized under this exemption shall be located landward of the
ordinary high water mark;
8. Construction of a dock, including a community dock, designed for pleasure craft only, for
the private noncommercial use of the owners, lessee, or contract purchaser of a single-
family and multiple-family residences. This exception applies if,in fresh waters,the fair
market value of the dock does not exceed ten thousand dollars ($10,000). However,if
subsequent construction having a fair market value exceeding two thousand five hundred
($2,500) dollars occurs within five(5)years of completion of the prior construction,the
subsequent construction shall be considered a substantial development for the purpose of
this chapter.
9. Operation,maintenance, or construction of canals,waterways, drains,reservoirs, or other
facilities that now exist or are hereafter created or developed as a part of an irrigation
system for the primary purpose of making use of system waters, including return flow and
artificially stored ground water from the irrigation of lands;
10. The marking of property lines or corners on state-owned lands,when such marking does
not significantly interfere with normal public use of the surface of the water;
11. Operation and maintenance of any system of dikes, ditches, drains,or other facilities
existing on June 4, 1975,which were created, developed or utilized primarily as a part of
an agricultural drainage or diking system;
12. Any project with a certification from the governor pursuant to chapter 80.50 RCW;
13. Site exploration and investigation activities that are prerequisite to preparation of an
application for development authorization under Kent's Master Program, if:
a. The activity does not interfere with the normal public use of the surface waters;
b. The activity will have no significant adverse impact on the environment including
but not limited to fish,wildlife, fish or wildlife habitat,water quality, and aesthetic
values;
C. The activity does not involve the installation of any structure, and upon completion
of the activity the vegetation and land configuration of the site are restored to
conditions existing before the activity;
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d. A private entity seeking development authorization under this section first posts a
performance bond or provides other evidence of financial responsibility to the local
jurisdiction to ensure that the site is restored to preexisting conditions; and
e. The activity is not subject to the permit requirements of RCW 90.58.550;
14. The process of removing or controlling aquatic noxious weeds, as defined in RCW
17.26.020, through the use of an herbicide or other treatment methods applicable to weed
control that are recommended by a final environmental impact statement published by the
department of agriculture or the department of ecology jointly with other state agencies
under chapter 43.21 C RCW;
15. Watershed restoration projects as defined herein. The City of Kent shall review the
projects for consistency with the shoreline master program in an expeditious manner and
shall issue its decision along with any conditions within forty-five(45)calendar days of
receiving all materials necessary to review the request for exemption from the applicant.
No fee may be charged for accepting and processing requests for exemption for watershed
restoration projects as used in this section.
16. A public or private project,the primary purpose of which is to improve fish or wildlife
habitat or fish passage,when all of the following apply:
a. The project has been approved in writing by the Department of Fish and Wildlife
as necessary for the improvement of the habitat or passage and appropriately
designed and sited to accomplish the intended purpose;
b. The project has received hydraulic project approval by the Department of Fish and
Wildlife pursuant to chapter 75.20 RCW; and
C. The local government has determined that the project is consistent with the local
shoreline master program. The local government shall make such determination in
a timely manner and provide it by letter to the project proponent.
Hazardous Substance Remedial Actions. The procedural requirements of chapter 90.58
RCW shall not apply to a project for which a consent decree, order, or agreed order has
been issued pursuant to chapter 70.105D RCW or to the Department of Ecology when it
conducts a remedial action under chapter 70.105D RCW. The Department of Ecology
shall, in consultation with the Kent, assure that such projects comply with the substantive
requirements of chapter 90.58 RCW, Chapter 173-26 WAC and Kent's Master Program.
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 173-27-050, and shall transmit a copy to the applicant and the Washington State
Department of Ecology.
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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 KENT'S MASTER
PROGRAM, AND OTHER APPLICABLE CITY, STATE OR FEDERAL
PERMIT REQUIREMENTS.
7.4 PERMIT PROCESS
1. The Administrator shall provide the necessary application forms for shoreline
substantial development,variance and conditional use permits.
2. Shoreline substantial development permits are a Process II application and shall be
processed and subject to the applicable regulations of Chapter 12.01 Kent City Code.
Shoreline conditional use permits and variances are classified as Process III applications
and shall be subject to the requirements of Chapter 12.01 Kent City Code.
3. Public notice. A notice of application shall be issued for all shoreline permit
applications as provided for in Kent City Code section 12.01.140, excepting that the
public comment period for the notice of application for a shoreline permit shall be not
less than thirty (30) days, per WAC 173-27-110(2)(e). The notice of application shall
be posted on the site per Kent City Code 12.01.140(F).
4. 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.
5. 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 forty-five (45) calendar days from the date the City determines
the application to be complete.
6. Public hearings. The Administrator shall schedule an open record public hearing before
the Kent Hearing Examiner on an application for a shoreline conditional use permit or
variance per the procedures outlined in Kent City Code 12.01.160 and KCC 2.32.
Notices of the hearing shall be advertised and scheduled in accordance with the
provisions of KCC 12.01.140(H).
7. 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
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comments from interested persons; (4)the comments and findings of the Administrator;
and (5) KCC.2.32.
The Hearing Examiner will issue a written decision within 10 working days from the
date of the hearing, in accordance with KCC 2.32.
8. Filing with Department of Ecology. All applications for a permit or permit revision
shall be submitted to the Department of Ecology upon a final decision by the City.
Final decision by the City shall mean the order, or ruling, whether it be an approval or
denial, which is established after all local administrative appeals related to the permit
have concluded or the opportunity to initiate such appeals has lapsed. When a
substantial development permit and a conditional use or variance permit is required, the
submittal shall be due concurrently. A complete submittal to the Department of
Ecology shall consist of the following:
a. A copy of the complete application pursuant to WAC 173-27-180;
b. Findings and conclusions that establish the basis for the decision including but not
limited to identification of shoreline environment designation, applicable master _
program policies and regulations and the consistency of the project with
appropriate review criteria for the type of pennit(s) as established in WAC 173-27-
140 through 173-27-170;
C. The final decision of the local government;
d. The permit data sheet required by WAC 173-27-190; and
e. Where applicable, local government shall also file the applicable documents
required by chapter 43.21C RCW, the State Environmental Policy Act, or in lieu
thereof, a statement summarizing the actions and dates of such actions taken under
chapter 43.21C RCW.
After local approval of a conditional use or variance permit, the City shall submit the
permit to the Department of Ecology for the Department's approval, approval with
conditions, or denial, as provided in WAC 173-27-200. The department shall transmit
its final decision to local government and the applicant within thirty (30) calendar days
of the date of submittal by local government.
9. Each permit issued by the city shall contain a provision that construction pursuant to the
permit shall not begin and is not authorized until twenty-one (21) days from the date of
filing with the Department of Ecology,per WAC 173-27-190. "Date of filing" of the
City's final decision differs from date of filing for a conditional use permit or variance.
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.
106 Kent SMP:Section 7.0—Administration
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Kent Shoreline Master Program
10. Duration of permits. Construction, or the use or activity, shall commence within two
(2) years after approval of the permits. Authorization to conduct development activities
shall terminate within five (5) years after the effective date of a shoreline permit. 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 (1) year based on reasonable factors.
11. 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.
7.5 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 shall be
final unless an appeal is made. Decisions may be appealed to the City Council by the
applicant, or a private or public organization or individual. Appeals shall be processed
in accordance with Kent City Code Section 12.01.190. Such appeal must be filed with
the City Clerk and the Administrator within fourteen (14) calendar days of the decision
being appealed, and must be accompanied by the required filing fee.
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 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 twenty-one (21) days of the date of filing of the local permit
decision with the Department of Ecology.
7.6 VARIANCE PERMITS
I. Purpose. The purpose of a variance permit is strictly limited to granting relief from
specific bulk, dimensional or performance standards set forth in Kent's Master
Program, and where there are extraordinary or unique circumstances relating to the
physical character or configuration of property such that the strict implementation of
Kent's 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 WAC 173-27-190. In all instances, extraordinary circumstances shall be
shown and the public interest shall suffer no substantial detrimental effect.
2. Application. Shoreline variances are classified as Process III applications and are
subject to the requirements of the Kent City Code Chapter 12.01, WAC 173-27-180,
and section 7.4 above.
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Kent Shoreline Master Program
3. Criteria. Variance permits may be authorized provided the applicant can demonstrate
all of the following:
a. That the strict application of the bulk, dimensional, or performance standards set
forth in Kent's master program precludes or significantly interferes with a
reasonable use of the property not otherwise prohibited by Kent's 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 Kent's Master Program, and not, for example,
from deed restrictions or the applicant's own actions.
C. That the design of the project is compatible with other authorized uses in the
area and with uses planned for the area under the comprehensive plan and
master program, 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 waterward of the
ordinary high water mark or within wetlands, as defined in Kent's Master
Program, may be authorized only if the applicant can demonstrate items a
through e of this section; and:
i. That the strict application of the bulk, dimensional, or performance
standards set forth in Kent's Master Program preclude all reasonable
permitted use of the property; and
ii. 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 and/or uses in the area
where similar circumstances exist,the total of the variances shall also remain
consistent with the policies of RCW 90.58.020 and shall not cause substantial
adverse effects to the shoreline environment.
h. Variances from the use:regulations of Kent's Master Program are prohibited.
108 Kent SMP:Section 7.0—Administration
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Kent Shoreline Master Program
7.7 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 Kent's Master Program in a manner
consistent with the policies of 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 and/or to assure consistency
of the project with the Shoreline Management Act and Kent's Master Program. Uses
which are specifically prohibited by Kent's Master Program may not be authorized
pursuant to either WAC 173-27-060 (1) or(2).
2. Application. Shoreline Conditional Use Permits are a Process III application per Kent
City Code Chapter 12.01, and section 7.4 above.
3. Uses are classified as conditional uses if they are (1) designated as such elsewhere in
Kent's Master Program or(2) consistent with requirements of this section and the
requirements for conditional uses contained in this master program per WAC 173-27-
160(3).
4. Uses classified as conditional uses may be authorized provided that the applicant can
demonstrate all of the following:
a. That the proposed use is consistent with the policies of RCW 90.58.020 and
Kent's 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 is compatible with
other authorized uses within the area and with uses planned for the area under
the comprehensive plan and shoreline master program;
d. That the proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located; and
e. That the public interest suffers no substantial detrimental effect.
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 shall also remain consistent with
the policies of RCW 90.58 and shall not produce substantial adverse effects to the
shoreline environment.
6. Uses which are not classified or set forth in Kent's Master Program may be authorized
as conditional uses,provided the applicant can demonstrate, in addition to the criteria
Kent SMP:Section 7.0—Administration 109
May, 1999
Kent Shoreline Master Program
set forth in section 7.7 above, consistency with the requirements of this section and the -
requirements for conditional uses contained in this master program.
7. Uses which are specifically prohibited by this program may not be authorized.
7.8 NONCONFORMING DEVELOPMENT
1. Nonconforming development shall be defined and regulated according to the provisions
of WAC 173-27-080; excepting that if a nonconforming development is damaged to
the extent of one hundred percent of the replacement cost of the original development, it
may be reconstructed to those configurations existing immediately prior to the time the
development was damaged. In order for this replacement to occur, application must be
made for permits within six months of the date the damage occurred, and all restoration
must be completed within two years of permit issuance.
7.9 AMENDMENTS TO THE MASTER PROGRAM
Any provision of Kent's Master Program may be amended as provided for in chapter 90.58
RCW and chapter 173-26 WAC. Amendments or revisions to Kent's 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 Kent's Master Program, or its application to any person or legal entity or
parcel of land or circumstances, is held invalid, the remainder of Kent's 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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Kent Shoreline Master Program
8.0 ENFORCEMENT
8.1 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
plans.
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.
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.
8.2 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.
Kent SMP.Section 8.0-Enforcement 111
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Kent Shoreline Master Program
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
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 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 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,
112 Kent SMP:Section 8.0-Enforcement
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Kent Shoreline Master Program
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:
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
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 Administr
ator 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 work or other activity at the site. A failure to
Kent SMP.Section 8.0-Enforcement 113
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Kent Shoreline Master Program
comply with the Cease and Desist Order shall constitute a violation of the Shoreline Master
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
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.
114 Kent SMP:Section 8.0-Enforcement
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Kent Shoreline Master Program
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
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 (30) 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 (30) days of
receipt of the Administrator's decision regarding the remission or mitigation.
8.11 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 a 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
(30) 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 (30) days after receipt of the
Kent SMP:Section 8.0-Enforcement 115
May, 1999
Kent Shoreline Master Program
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
per•
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 (30) 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 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
twenty-five nor more than one thousand dollars ($25.00 - $1,000.00) or by imprisonment for not
more than ninety (90) 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.
116 Kent SMP:Section 8.0-Enforcement
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Kent Shoreline Master Program
APPENDIX A: Kent Shoreline Jurisdiction Maps
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Kent SMP:Appendix 117
May, 1999
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