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Ordinance 2548WSS/naa O1/24/86 ORDINANCE NO. 2548 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 15.38 EDMONDS COMMUNITY DEVELOPMENT CODE, SHORELINES MASTER PROGRAM USE ACTIVITIES BY THE AMENDMENT OF SECTION 15.38.100 BULKHEADS TO ADD A DEFINI- TION OF BULKHEAD; SECTION 15.38.110 BREAKWATERS TO ADD A DEFINITION OF BREAKWATER AND PROVIDING THAT IN AN URBAN ENVIRONMENT, BREAKWATER SHALL BE SUBJECT TO STATE AND FEDERAL REGULATIONS AND LIMITED TO AREAS LOCATED IN THE COMMERCIAL WATERFRONT; SECTION 15.38.120 GROINS TO ADD A DEFINITION OF GROIN; ADDING A NEW SECTION 15.38.125 JETTIES TO DEFINE THE TERM JETTY, SPECIFYING USE IN URBAN ENVIRONMENTS, PROVIDING FOR USE IN CONSERVANCY ENVIRONMENTS AND PRO- HIBITING USE IN NATURAL ENVIRONMENTS, AND AMENDING SECTION 15.38.130 LANDFILLS TO ADD A DEFINITION OF THE TERM LANDFILL, SPECIFYING UNDER WHAT CONDITIONS THEY ARE TO BE PERMITTED WITHIN AN URBAN AND CONSERVANCY ENVIRONMENT, AND FIXING A TIME WHEN THESE PROVISIONS SHALL BECOME EFFECTIVE. WHEREAS, the City of Edmonds has adopted a Shoreline Master Program in accordance with State law, and WHEREAS, the Edmonds City Council finds that the Shoreline Master Program requires amendment in order to more properly specify the use of land fill, jetties, groins and bulkheads under the Shoreline Master Program, NOW, THEREFORE, FOLLOWS: THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS Section 1. Chapter 15.38 Shoreline Master Program - Use Activities is hereby amended by the amendment of sections 15.38.100 BULKHEADS, Section 15.38.110 BREAKWATERS, 15.38.120 GROINS and 15.38.130 LANDFILLS and by the addition of a new section 15.38.125 JETTIES all to read as follows: 15.38.100 BULKHEADS A bulkhead is defined as a wall-like structure primarily designed to resist earth or water pressure, as a retaining wall holding back ground from sliding into a channel or to protect a shore from wave erosion. A. Urban Environment: 1. Bulkheads should be located and constructed only to protect upland facilities, and should blend with the natural shoreline. 2. Bulkheads should be designed to minimize adverse effects on beaches and alteration of the natural shore. 3. Bulkheads should be constructed to allow safe access over the bulkhead in public shoreline areas. 4. Bulkheads shall not be used to create new land by buttressing landfills. B. Conservancy Environment_: Bulkheads are allowed as regulated in the Urban Conservancy. C. Natural Environment: Not permitted in this environment, except to protect the natural character. 15.38.110 BREAKWATERS A breakwater is defined as an offshore structure that, by breaking the force of the waves, protects a harbor, anchorage, basin, beach or shore area. A. Urban Environment: Breakdwaters shall be permitted subject to all applicable State and federal regulations and shall be limited to those areas located in the commercial waterfront (C.W.) zone. B. Conservancy Environment: Breakwaters should not be constructed in the conservancy environment. C. Natural Environment: Not applicable. 15.38.120 GROINS A groin is defined as a shore protection structure usually built perpendicular to the shoreline, to trap littorial materials or to retard erosion of the shore. - 2 - A. Urban Environment: The primary purpose of constructing groins is to prevent the drift of sand along the shore and to build up beaches. Because this affects distribution of beach -building material all along the shore, groins should not be built unless the development would clearly benefit the public. Groins should be installed only under the supervision of a licensed engineer and shall be designed to minimize off site disturbance of the shoreline. B. Conservancy Environment: Permitted as regulated under the Urban Environment. C. Natural Environment: Not applicable. 15.38.125 JETTIES Jetties are defined as structures that are generally built perpendicular to the shore extending through or past the intertidal zone or foreshore and designed to prevent shoaling of a channel by littorial materials, and to direct and confine tidal or stream flows. A. Urban Environment: Jetties are much like groins in their physical appearance. Because they also impact the distribution of beach -building materials along the shoreline, they should be carefully regulated. Jetties should not be allowed unless their development would clearly benefit the public by providing additional public access or public recreational opportunities. Their construction should be allowed only under the supervision of a licensed engineer, based upon a design that minimizes off site disturbance to the shoreline. B. Conservancy Environment: Permitted as regulated under the Urban Environment. C. Natural Environment: Not applicable. 15.38.130 LANDFILLS Landfill is defined as the creation, extension or raising of land area by filling or depositing sand, soil, gravel, drege spoils or other materials onto a shoreline, wetland or water body area. A. Urban Environment -- Conservancy Environment: Landfills shall be permitted only with actions that are a direct benefit to the public by way of providing additional or enhanced public access or recreational facilities in the waterfront area of Downtown Edmonds. Landfills may be allowed in other shoreline areas that replace shoreland areas removed by wave action or normal erosion processes for minor filling behind - 3 - bulkheads. Landfills for the purposes of providing public access or recreational facilities may be allowed in upland shoreland areas, designated as Urban. All landfill actions shall be carefully analyzed to insure that no critical marine habitat is eliminated. B. Natural Environment: No landfilling shall be permitted in Natural Environments. Section 2. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5) days after its publication, or publication of a summary thereof consisting of its title, in the City's official newspaper. APPROVED: MAYOR, LARR ATTEST/AUTHENTICATED: ;IeT=rCLERK, J CQUELINE PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By FILED WITH THE CITY CLERK: January 28, 1986 PASSED BY THE CITY COUNCIL: February 4, 1986 PUBLISHED: February 9, 1986 EFFECTIVE DATE: February 14, 1986 ORDINANCE NO. 2548 MAM Affidavit of Publication STATE OF WASHINGTON, ss. COUNTY OF SNOHOMIISFI, The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice.. ...................................... -Qmd i n an.c e-.. No-. -- 2.5. 4 8---------- ---- - ------------•---- - --- a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: February 9, 1986 -----------------------------------------------------------------.............. ----------------------------------------------------- and that said newspaper was regularly distributed to its subscribers during all of said period: ) - Principal Clerk Subscribed and sworn to before me this.............10 t h day of-------------- February- 19-......... ------------------------ No y Publ' in and for the State of Washington, r• i ing at Everett, Snohomish County. B-2-1