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ORD 81-12 SHORELINE MANGEMENT MASTER PROGRAMAN ORDINANCE OF THE CITY OF WINSLOW ADOPTING A SHORELINE MANAGEMENT MASTER PROGRAM PURSUANT TO THE REQUIREMENTS OF THE SHORELINES MANAGEMENT ACT OF 1971 CHAPTER 90.58 RCW AND REPEALING ORDINANCE NO. 77-1. THE CITY COUNCIL OF THE CITY OF WINSLOW DO ORDAIN AS FOLLOWS: SECTION 1. The Shoreline Management Master Program, attached hereto, is hereby adopted as the Shoreline Management Master Program for the City of Winslow. SECTION 2. Filing of Ordinance. Incident to the adoption of this ordinance, copies of the Shoreline Management Program shall be filed as required by RCW 35A.12.140 for use and examination by the public. SECTION 3. Repealer. Winslow Ordinance No. 77-1 is hereby repealed. SECTION 4. Severabilty. ordinance be declared invalid, If any provision of this all other provisions hereof shall remain valid and enforceable. SECTION 5. Effective Date. This ordinance shall be in full force and effect five (5) days after posting in the manner provided by law, and after approval of the Shoreline Management Master Program by the Department of Ecology as required by law. PASSED by the City Council of the City of Winslow and approved by the Mayor on thisday o1981. ATTEST: / ALICE B. TAWR~.~~ I do hereby certify this Ordinance was W~' ~f~-~y of~' ~/Fflat the Ferry --' , Effective JLne 4, 1981 APPR~E AS TO FORM:6 (as approved by DOE per J. Schneider _.~,'C~'~ '~. ISSON OF MCFISSON AND SARGENT, INC., P.S. CITY ATTORNEYS S E A L CITY of WINSLOW SHORELINE MANAGEMENT MASTER PROGRAM Preparation of this Master Program was partially funded by a grant from the Washington State Department of Ecology with funds obtained from the National Oceanic and Atmospheric Administration. TABLE OF CONTENTS I DEFINITIONS II GOALS III POLICIES A. Urban Environment B. Residential Environment C. Open Space Recreation Environment D. Open Space Residential Environment E. Conservancy Environment IV USE ACTIVITIES AND REGULATIONS Shoreline Compatibility Chart A B C D E F G H. I. J. K. L. M. N. O. P. Q. R. S. T. Aquaculture Archaeological Areas and Historic Sites Breakwaters Bulkheads Commercial Development Dredging Water Dependent/Related Industry Landfill Marinas and Commercial Moorages Piers and Floating Docks Recreation Residential Development Roads and Parking Signs Utilities Mining Forest Management Agriculture Sanitary Landfill/Solid Waste Disposal Jetties and Groins Page 1 7 9 10 10 11 11 12 13 14 15 16 17 18 19 20 21 22 23 25 27 29 31 33 34 36 36 36 36 36 -i- V PROCEDURES A. Flowchart B. Procedure for Obtaining a Shoreline Substantial Development Permit C. Procedure for Obtaining a Shoreline Substantial 46 Development Permit When Planning Agency Does Not Require a Public Hearing D. Procedure for Variance Processed Without a 48 Shoreline Substantial Development Permit E. Procedure for Variance Processed With a 55 Shoreline Substantial Development Permit F. Procedure for Obtaining a Conditional Use Permit 56 G. Revisions to Substantial Development Permits 58 H. Time Limits for Shoreline Substantial 60 Development Permit VI ADMINISTRATION 61 A. Non-conforming Uses 62 B. Inspections 63 C. Rescission, Service of Notice Hearing 63 D. Enforcement - Criminal Penalties, Civil 63 Liability VII REVISIONS & AMENDMENTS TO THE MASTER PROGRAM 64 Page 37 38 39 I. DEFINITIONS -t- I DEFINITIONS ACCESSORY USE means an activity which is secondary or subordinate to a permitted use. ADMINISTRATOR - The City Engineer who is responsible for the administration of this program. AERIAL TRANSMISSION LINES is any utility service or facilities which is supported more than two feet above grade except those services or facilities supported by traffic or pedestrian bridge. APPLICANT - An individual, firm, partnership, corporation, association, organization, governmental agency, either owner or designated agent of the owner of the property for which the substantial development permit shall apply, who wishes to obtain substantial development permit, conditional use permit, or variance. CITY - The incorporated City of Winslow. CITY COUNCIL - The legislative body of the City of Winslow COMMERCIAL PARKING FACILITY - An area intended to accommodate three (3) or more parked vehicles for which a fee or similar consideration is collected for parking of vehicles. COMMERCIAL PARKING LOT is a lot intended to accommodate three or more parked vehicles. CONDITIONAL USE - Uses classified herein as subject to the issuance of a shoreline conditional use permit. DEVELOPMENT - A use consisting of the construction, exterior alteration, or demolition of structures; dredging; drilling; dumping; filling; removal of any sand, gravel or minerals; bulk-- heading; driving of piling; placing of obsturctions; 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 and this Master ~rogram at any state of water level. DEPARTMENT OF ECOLOGY - The state agency which is responsible for the administration of the State Master Program. DEVELOPMENT, SUBSTANTIAL - (see substantial development) DWELLING - A building or portion therof designed or used as a dwelling unit. EXTREME LOW TiDE is the lowest line on land reached by a receding tide. FLOATING HOME is a dwelling which by design is supported by water and is not used as a means of transportation. FREE STANDING ELEVATED SIGN is a sign supported by one or more upright poles, braces, in or on the ground and which is not supported by a building, the lowest point of which sign is more than seven feet above the elevation of the adjacent street 6r sidewalk. -2- FREE STANDING GROUND SIGN is a sign supported by one or more uprights, poles or braces in or on the ground, and not supported by a building, the base of which sign is no more than 12 inches above the elevation of the adjacent street or sidewalk and the highest point of which is no more than five feet above the elevation of the adjacent street or sidewalk. GRADE is the lowest point of elevation of the average original surface of the ground, paving, or sidewalk within the area between the building and a line 5 feet from the building. HEARING BOARD means the shoreline hearings board established by RCW 90.58.030. HEIGHT OF A STRUCTURE is the vertical distance above 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 pitched or hipped roof. The measurement may be taken from the highest adjoining sidewalk or ground surface within a 5-foot horizontal distance of the exterior wall of the building, when such sidewalk or ground surface is not more than 10 feet above grade. The height of a stepped or terraced building is the maximum height of any segment of the building. INTER-TIDAL ZONE is the area which may be covered by water between lowest recorded tide and the highest recorded tide. LIVE ABOARDS - Person or persons using a vessel as a dwelling. MAINTENANCE is the act of keeping a shoreline use in a state of good repair. MOORAGE consists of one or more moorage slips. MOORAGE SLIP is a facility for the securing of one vessel to a pier or floating dock. NON-WATER RELATED is a use or activity which does not require a waterfront location, but may require an easement or access to the water; such uses include but are not limited to: single and multi- family residences, motels, hotels, utility rights of way, storage areas, sewage treatment plants, streets, roads, office buildings and restaurants. ORDINARY HIGH WATER means the mark on all lakes, streams, and tide waters, which will be found by examining the beds 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 the effective date of this ordinance, or as it may naturally change thereafter; PROVIDED, That in any area where the ordinary high-water mark cannot be found, the ordinary high-water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high-water mark adjoining freshwater shall be the line of mean high water. -3- PERMIT means that required by the act for substantial development on shorelines, to be issued by the local government entity having administrative jurisdiction and subject to review by the Department of Ecology and the Attorney General. PERSON means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local governmental unit, however designated. PLANNING AGENCY may be referred to as "Agency" in this plan. PRIVATE USE is a use not open to the community at large but only for those contracting or paying for its use, or only for the use of the property owner and guests. PUBLIC USE is a use open to the community at large for which no fee is charged and for which no contract or prior arrangements must be made. PUD (PLANNED UNIT DEVELOPMENT) - An orderly grouping of structures, landscaping, open space, recreational facilities or other features so planned as to provide a coordinated designed environment. See Winslow Zoning Ordinance for specific requirements and processing. SERVICE ROADS are roads other than improved rights of way used for access and not open for general public use. SHORELINE CONDITIONAL USE PERMIT is that permit required before under- taking certain types of development as required by this program. This permit is in addition to a substantial development permit. SHORELINES means all of the water areas of the City and their associated wetlands, together with the land underlying them except: 1. Shorelines of state-wide significance. 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. 3. Shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes. SHORELINES OF STATE-WIDE SIGNIFICANCE as defined by RCW 90.58.030. SHORELINES OF THE STATE are the total of all "shorelines" and "shorelines of state-wide significance" within the state. STATE MASTER PROGRAM is the cumulative total of all master programs approved or adopted by the Department of Ecology. SUBSTANTIAL DEVELOPMENT shall mean any development of which the total cost or fair market value exceeds one thousand ($1000) dollars or any development which materially interferes with the normal public use of the water or shorelines of the state, except that the following shall not be considered substantial developments for the purpose of this chapter: 1. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. -4- 2. Construction of the normal protective bulkhead common to single family residences. 3. Emergency construction necessary to protect property from damage by the elements. Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on wetlands, 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 wetlands 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 normal livestock wintering operations. 5. Construction or modification of navigational aids such as channel markers and anchor buoys. Construction on wetlands by an owner, leasee or contract purchaser of a single family residence for his own use or for the use of his 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, other than requirements imposed pursuant to this chapter. Construction of a dock, designed for pleasure craft only, for the private noncommercial use of the owner, leasee or contract purchaser of a single family residence, the cost of which does not exceed two thousand, five hundred ($2500) dollars. 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 for the irrigation of lands. 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. 10. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed or utilized primarily as a part of an agricultural drainage or diking system. SUBSTANTIAL DEVELOPMENT PERMIT is that permit required before undertaking substantial development as defined above. -5- UPLAND - A lot or parcel of land away from the shoreline. USE ACTIVITY - The purpose for which land or a building is designed, arranged or intended, or for which it is occupied or maintained, let or leased. Note: Definitions for these individual use activities appear in the Use Activity Section. 6 7 8 9 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Aquaculture Archaeological & Historical Sites Breakwaters Bulkheads Commercial Development Dredging Water Dependent/Related industry Landfill Marinas & Commercial Moorages Piers & Floating Docks Recreation Residential Development Roads & Parking Signs Utilities Agriculture Forest Management Mining Sanitary Landfill & Solid Waste Disposal Jetties & Groins VARIANCE - A modification of the regulations of the Master Program granted under conditions specified in this Master Program. VESSEL is a watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on waters of the United States. WATER DEPENDENT is a use or activity which cannot exist in any other location due to the nature of its operation; such uses include but are not limited to: ferry and passenger terminals, terminal and transfer facilities for marine commerce and industry, marine construction and repair, marinas and outfalls. WATER RELATED is a use or activity which does not require a water- front location but depends upon the shoreline location, for economic reasons; such uses include, but are not limited to: industries which receive or ship materials by water, and dry dock storage. WETLANDS OR WETLAND AREAS means those lands extending landward for two hundred (200) feet in all directions as measured on a horizontal plane from the ordinary high water mark; and all marshes bogs, swamps and tidal waters which are subject to the provisions of this program; the same to be designated as to location by the Department of Ecology. -6- GOALS II GOALS The shorelines are among the most valuable, scarce and fragile of our natural resources. In recognition of this fact the following are the goals of this Shoreline Management Master Program. GENERAL GOAL To provide for a pattern of diverse land and water uses of the shoreline. A. CONSERVATION To manage, protect, and conserve the shoreline resources to the maximum extent possible consistent with the other goals of this Master Program. B. HISTORY AND CULTURE To identify, evaluate, and manage areas of historical, cultural, and education or scientific interest. C. ECONOMIC DEVELOPMENT To allow industries, transportation facilities, port facilities, tourist facilities, commercial and other developments which are dependent on or related to shoreline locations. Uses which are not shoreline related but which provide an opportunity for people to use and enjoy the shoreline should be encouraged. D. PUBLIC ACCESS Insure safe and convenient access for the public to publicly owned shorelines and insure that intrusions created by access will not endanger life, property or environment. E. CIRCULATION To coordinate existing and proposed circulation routes and facilities with shoreline uses. F. RECREATION To provide convenient and diverse public recreation opportunities along the shorelines. To encourage complimentary privately owned recreational opportunities. -8- III. POLICIES -9- III POLICIES FOR ENVIRONMENTS A. URBAN ENVIRONMENT Urban Environment is an area of intense modification of the natural systems caused by human activity with residential, commercial, and industrial uses. The purpose of placing an area in an urban environment is to ensure the utilization of the area to be a multiplicity of intense human uses. The use policies are as follows: 1. Any shoreline use, subject to specific use regulations concerning them should be permitted. Public access should be encouraged. Where practical, various access points ought to be linked to non-motorized transportation routes, such as bicycle and hiking paths. 3. PUDS should be encouraged within the shoreline area. 4. Floating homes shall be permitted in this environment. B. RESIDENTIAL ENVIRONMENT A Residential Environment is an area which has been or is being modified by the action of man through its use as a place of residences. The impact of man's residential construction and uses is apparent but interacts with the remaining natural features. The purpose of placing an area in a residential environment is to ensure the proper utilization of the area for homes and those uses which are part of residential living on Bainbridge Island. It is also intended to retain aspects of the natural systems such as vegetation on steep banks, indigenous trees and natural beaches, banks, bluffs and marshes which characterize Winslow's waterfront. The use policies are as follows: 1. The major use of this environment will be for residential living. All shoreline uses in this environment shall be conducted in a manner conforming to waterfront residential uses yet respecting as much as possible of the natural aspects of the shoreline as possible. All shoreline uses in this environment shall be conducted in such a way as to disturb the least amount of shoreline so as to keep the possibility of erosion to a minimum. -10- C. OPEN SPACE RECREATION ENVIRONMENT Open Space Recreation Environment - City-owned parks set aside for the purpose of recreation. The use policies are as follows: 1. Part of the park shall be preserved in its natural condition. 2. All utilities shall be underground. 3. Development shall be planned so as to maximize public visual as well as recreational access to the shoreline. D. OPEN SPACE RESIDENTIAL ENVIRONMENT An Open Space Residential Environment is an area that is less densely developed due to larger lot sizes. The environment appears to be modified through its use as a place of residences but less so than the Residential Environment due to the lower percentage of lot coverage and the higher percentage of land use area available for open space. The impact of man's residential construction has resulted in some modifications of natural systems and visual character when necessary for waterfront residential uses. The purpose of placing an area in an Open Space Residential Environment is to maximize the remaining natural systems and visual character such as indigenous vegetation, natural beaches, banks, bluffs and marshes which are characteristic of Winslow's waterfront while permitting the use of the area for waterfront residences. The use policies are as follows: 1. The major use of this environment will be low density residential uses. 2. All uses shall be conducted in such a manner as to maintain open space and low density residential living. All shoreline uses shall not significantly disrupt the natural systems. Retention of the natural system shall be an important criteria for the regulation of uses in this environment. All shoreline uses in this environment shall be conducted in such a way as to disturb the least amount of shoreline so as to keep the possibility of erosion to a minimum. -11- E. CONSERVANCY ENVIRONMENT This environment is defined as an area where strict regulation is needed to protect, conserve and manage existing natural resources, historical and cultural areas. The purpose of placing an area in this environment is to protect, conserve and manage the existing natural resources and insure a continuous flow of recreational benefits to the public. The existing character of this area should be maintained and preserved against consumptive uses which would cause permanent impact on the environment. The use policies are as follows: 1. All future development which does irreparable damages to the natural environment should not be allowed. Activities which can either utilize the natural resources on a sustained yield basis or uses and activities which do not substantially degrade the existing character of the area may be allowed. -12- USE ACTIVITIES & REGULATIONS -1B- CITY OF WINSLOW -- SHORELINE ENVIRONMENTAL COMPATIBILITY CHART - For Reference Only - USE ACTIVITY AQUACULTURE ARCHEOLOGICAL & HISTORICAL SITES BREAKWATERS BUI/<HEADS COMv~/~CIAL DEVELOPMENT DREDGING WATER DEPENDENT/RElATED INDUSTRY LANDFILL MARINAS & CON~4ERCIAL MOORAGES PIERS & FLOATING DOCKS RECREATION RESIDENTIAL DEVELOPMEIqF ROADS & PARKING SIGNS UTILITIES AGRICULTURE FOREST MANAGEMENT MINING SANITARY LANDFILL & SOLID WASTE DISPOSAL JETTIES & GROINS Footnotes: 0 1 OPEN SPACE RECREATION 1 1 1 1 0 1 0 1 1 1 1 0 1 1 1 0 0 0 0 0 MASTER PROGRAM ENVIRCIXIMENTAL DESIGNATION URBAN RESIDENTIAL OPEN SPACE RESIDENTIAL 1 1 1 1 1 1 CONSERVANCY 1 1 1 1 1 0 1 1 1 1 1 0 0 0 1 1 1 0 1 0 0 0 1 1 1 2 1 0 0 0 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Use not permitted in this environment. Use permitted in this environment subject to General Regulations and specific requirements for the applicable environment. Use requires a conditional use permit in this environment. -14- IV USE ACTIVITIES A. AQUACULTURE 1. DEFINITION Aquaculture (popularly known as fish farming) is the culture or farming of food fish, shell fish, or other aquatic plants and animals for commercial and recreational purposes. 2. POLICIES Aquaculture shall be controlled in order to be compatible with adjacent upland uses and navigation. 3. GENERAL REGULATIONS a. Aquacultural practices shall be for the private use of the property owner. Aquaculturat practices shall be carried out in a neat and orderly fashion and shall not cause noise or odor as a result of this activity. c. Aquacultural practices shall not obstruct access to moorage or navigational access for water-borne traffic. d. Disposal of waste shall not result in a degradation to the natural ecosystems or visual character of the area. Aquacultural practices for commercial, experimental or other than private use of the property owner shall require a conditional use permit. f. Equipment structures and material shall not be abandoned in the shoreline or wetland area. 4. ENVIRONMENTS a. Open Space Recreation Environment: Aquacultural practices are permitted in the open space recreation environment only if such practices are not for commercial use. b. All Other Environments: Aquacultural practices should be permitted in all environments subject to the General Regulations. -15- B. ARCHEOLOGICAL AREAS AND HISTORICAL SITES !. DEFINITION Archaeological and historic areas include, but are not limited to, ancient villages, military forts, old settlers' homes, ghost towns, trails and any other sites or areas which provide an educational link to the past and which are registered as such by the national or state historic register. 2. POLICIES Archeological and historic sites should be protected and managed in order to allow their continued use for study and enjoyment by the public. Consideration should be given to the National Historic Preservation Act of 1966 and Chapter 43.51 RCW which provide for protection, rehabilitation, restoration and reconstruction of districts, sites, buildings, structures and objects significant in history, architecture, archaeology or culture; see also Chapter 27.53 RCW which makes it unlawful to disturb any archaeological site without written permission. 3. GENERAL REGULATIONS All shoreline permits shall contain a special provision requiring permittees to notify the City of Winslow if any possible archeological data are uncovered during excavation or development. Failure to comply with this requirement will be considered a violation of the Substantial Development permit. All permits issued for development in areas known to be archeologically significant shall provide for site inspection by a qualified archeologist prior to initiation of any development activity. All developments proposed for location adjacent to historical sites which are registered on the state or national historic register shall be located and designed so as to be complimentary to the historic site. Development which degrades or destroys the historic character of such sites shall not be permitted. 4. ENVIRONMENTS The General Regulations pertain to archaeological areas and historic sites in all environments. -16- BREAKWATERS 1. DEFINITION Breakwaters are a protective structure usually built offshore to protect beaches, bluffs or harbor areas from wave action. 2. POLICIES Consideration should be given to the long term effect of breakwaters as to beach movement. The use of the breakwater by the public for recreational purposes shall be encouraged if compatible with adjacent and upland uses. 3. GENERAL REGULATIONS a. Breakwaters shall not impede longshore sand and gravel transport unless such impedance is found to be environmentally beneficial. b. Where practical, solid type breakwaters shall be designed to allow pedestrian access on their tops. c. Floating breakwaters are preferable over solid ones. 4. ENVIRONMENTS a. Conservancy Environment: Breakwaters are not permitted in the conservancy environment. b. All Other Environments: Breakwaters are allowed in all other environments subject to the General Regulations. -17- BULKHEADS 1. DEFINITION Bulkheads are structures erected parallel to and near the high water mark for the purpose of protecting adjacent uplands from the action of waves and currents. 2. POLICIES a. Bulkheads should be located and constructed in such a manner as to not adversely affect nearby beaches and to minimize alterations of the natural shoreline. b. Bulkheads should be constructed so as to not adversely affect adjoining property, to blend in with the surroundings and to not detract from the aesthetic qualities of the shoreline. 3. GENERAL REGULATIONS a. Bulkheads shall be constructed only for the protection of upland property and facilities, not for the primary purpose of creating land by filling behind the bulkheads. b. Bulkheads shall be constructed in such a manner as to comply with Department of Fisheries criteria. c. Bulkheads shall be constructed no further waterward of the toe of the bank than is necessary to construct the footings of the bulkhead. 4. ENVIRONMENTS a. Conservancy Environment: Bulkheads are permitted in the conservancy environment subject to a conditional use permit to insure that the existing character of the shoreline is preserved. b. All other environments: Bulkheads are permitted in all other environments subject to the General Regulations. -18- E. COMMERCIAL DEVELOPMENT 1. DEFINITION Commercial developments are those uses which involve wholesale and retail trade or business activities. Uses qualifying as home occupations under the Winslow Zoning Ordinance shall no be considered commercial development herein. 2. POLICIES a. Commercial development should be compatible in design and scale to the area in which it is located. b. Parking facilities should be placed inland away from the immediate water's edge and recreational beaches. Commercial developments should be designed and maintained and existing ones improved and maintained in such a way as to minimize disruption of scenic views. 3. GENERAL REGULATIONS a. Commercial developments which are dependent or related to the shoreline are allowed. Commercial facilities should provide public access to shoreline areas when feasible, taking into consideration public safety, public health, and security. Uses which are not shoreline dependent or related but which provide an opportunity for the community to have access to the shoreline shall be encouraged. These uses require a conditional use permit. Uses that are not shoreline dependent or related and which do not provide an opportunity for the community to have access to the shoreline may be allowed on a case by case basis subject to the general goals and policies for environments. These uses will require a conditional use permit. Uses other than water dependent and water related to be located less than 50 feet from the ordinary high water mark shall require a conditional use permit. 4. ENVIRONMENTS Commercial development is allowed in the urban environment only. -19- F. DREDGING 1. DEFINITION Dredging is the removal of earth from the bottom of a water body. 2. POLICIES Dredging should only be allowed for the improvement of navigation and should protect the shoreline environment and aquatic life. 3. GENERAL REGULATIONS Dredging shall only be permitted for the purposes of navigation or in conjunction with other approved activities except that above extreme low tide dredging shall be subject to a conditional use permit. Dredge spoils shall be deposited at DNR open water disposal sites or upland locations approved by local governmental authorities. Maintenance dredging for approved dredged areas shall be permitted to the limits originally allowed and/or to enable uses existing prior to the adoption of this program to continue. 4. ENVIRONMENTS a. Conservancy Environment: Dredging is not a permitted use in the conservancy environment. b. All Other Environments: Dredging shall be allowed in all other environments subject to the General Regulations. -20- G. WATER DEPENDENT AND WATER RELATED INDUSTRY 1. DEFINITION Those uses which are involved in activities generally more intensive than normal wholesale and retail trade which because of their nature require a waterfront location such as ship and boat repair, marine construction and related uses. 2. POLICIES Industrial installations located within the shoreline area should be water dependent or related and should minimize its impact on the shoreline by use of cooperative facilities, screening and pollution control measures. Industrial developments should be designed and maintained and existing ones improved and maintained in such a way as to minimize disruption of scenic views. 3. GENERAL REGULATIONS a. Industries wishing to locate within the shoreline shall be water dependent or water related. b. Cooperative use of parking, docking, cargo handling and storage shall be encouraged. c. Utilities, roads, piers and parking areas shall comply with the regulations for each such activity. Industrial facilities shall make adequate provisions to minimize the possibility of spills of fuel or other toxic substances. All industries other than water dependent industries shall require a conditional use permit. Set backs shall be decided on a case by case basis. 4. ENVIRONMENTS Water dependent/related industry is only allowed in the urban environment. -21- LANDFILL 1. DEFINITION Depositing of sand, soil, or gravel into a wetland area, excluding dredged material. 2. POLICIES Shoreline fills or cuts shall be designed and located so that significant damage to natural resources or alterations of local currents will not occur. 3. GENERAL REGULATIONS a. Landfills above ordinary high water shall be permitted when used as preparation for an activity otherwise permitted by this program for the environment in which it is located. Such landfills shall also be subject to the regulations for the proposed use. b. Filling in or below ordinary high water shall not be permitted. c. The perimeter of all landfills shall be provided with means to control erosion, such as vegetation, retaining walls, or other mechanism. Fill material shall be approved by the Engineering Department before placement. 4. ENVIRONMENTS a. Conservancy Environment: i. Landfills shall be permitted in the conservancy environment only above ordinary high water and only when used as preparation for public pedestrian access. ii. Landfills shall be subject to a conditional use permit. b. Residential Environment: Landfills shall be permitted in the residential environment subject to the General Regulations. c. Open Space Residential Environment: Landfills shall be permitted in the open space residential environment subject to the General Regulations. d. Urban Environment: Landfills are permitted in the urban environment subject to the General Regulations. e. Open Space Recreation Environment: Landfills are permitted in the open space recreation environment subject to the General Regulations. -22- I. MARINAS AND COMMERCIAL MOORAGES 1. DEFINITION A marina is a commercial facility which provides moorage and other related sales and maintenance services for rent to pleasure and/or commercial vessels. A commercial moorage is a facility which provides essentially only moorage for rent to pleasure or commercial vessels. 2. POLICIES Marinas and commercial moorages shall be designed to minimize the impact of water pollution and damage to aquatic life. Marinas and commercial moorages should be aesthetically compatible with adjacent areas. 3. GENERAL REGULATIONS a. Marinas and commercial moorage slips shall be encouraged to make use of the natural site configuration to the greatest extent possible. b. Landfill, when utilized, shall be only for necessary water dependent portions of the facility unless no alternatives exist. Landfill shall not be utilized to create parking areas. c. Marinas in excess of 25 moorages shall provide for at least one method of boat launching as an integral part of the facility. d. Marinas and commercial moorages shall provide transient moorage slips in accordance with the following formula: MS-10 TMS = 2 + ( ~-~ ) where TMS = Number of transient moorage slips to the nearest whole number. MS = Total moorage slips included in entire proposal. e. All marinas and commercial moorage in excess of 5 moorage slips shall provide and require the use of facilities for handling all types of boat wastes including operating pump out facilities. f. Oil and gas handling systems shall be designed to minimize potential oil and gas spills. -23- On-shore shower and toilet facilities shall be provided in marinas and commercial moorages in excess of 25 slips. h. Covered moorage shall be prohibited in marinas and commercial moorages. i. Live Aboards on vessels are permitted in marinas and commercial moorages. j. For the purposes of planning, the City of Winslow shall consult: i. Washington State Department of Fisheries criteria for the construction of marinas. ii. The state and local health agency standards and guidelines for the development of marinas. 4. ENVIRONMENTS Marinas and commercial moorages are permitted only in the urban environment and open space recreation environment. -24- J. PIERS AND FLOATING DOCKS 1. DEFINITION A pier is a fixed structure built over the water, used as a landing place for marine transport or for recreational purposes. A floating dock is a platform built for the same purpose and may be attached to the shore or a fixed pier by a loosely coupled ramp. A moorage facility is a combination of piers and floating docks. 2. POLICIES Site and length of piers and floating docks should not interfere with navigation and other uses of the water area. 3. GENERAL REGULATIONS No more than one moorage facility per development for all new residential development shall be allowed. Such piers or floating docks shall be a joint use moorage facility with a maximum of one moorage slip per living unit. Joint use piers shall be preferred. Condominiums or cooperative use of piers or floating docks in excess of 25 moorages shall comply with Commercial Moorage Regulations under Use Activities Regulations. Size and length of piers and floating docks shall be the minimum that provides the required service. Covered moorage is not permitted. Condominiums or cooperative use of piers or floating docks in excess of 5 moorages shall provide facilities for handling all types of boat wastes including operating pump out facilities. 4. ENVIRONMENTS a. Conservancy Environment: Piers and other permanent moorage structures shall not be permitted in the conservancy environment. Floating walkways or other similar over-water pedestrian structures facilitating access to observation points or viewing areas shall be permitted providing they are constructed to minimize alteration of natural conditions and are open to the public. -25- b. Open Space Residential: Non-commercial piers and floating docks shall be allowed in the open-space environment subject to the General Regulations. c. Residential Environment: Non-commercial piers and floating docks shall be allowed in the residential environment subject to the General Regulations. d. Urban Environment: Commercial piers and floating docks shall only be allowed in the urban environment subject to the General Regulations. e. Open Space Environment: Piers and floating docks shall be allowed in the open space recreation environment subject to the General Regulations. -26- K. RECREATION 1. DEFINITION Recreation is the refreshment of body and mind through forms of play, amusement or relaxation. A recreation facility or structure is a man-made assemblage of materials extending above or below the surface of the earth or water, placed on the ground or in the water for the purpose of providing recreational opportunities. 2. POLICIES Recreational development shall be designed to enhance the natural character of the shoreline area. Priority shall be given to developments, other than single family residences, which provide recreational uses and other improvements facilitating public access to shorelines. 3. GENERAL REGULATIONS Recreation facilities shall be designed to take maximum advantage of and enhance the natural character of the shoreline area. b. Setbacks for recreational facilities and/or structures shall be judged on a case by case basis. Motor vehicle use, to include two and three wheeled vehicles shall not be permitted on beaches or fragile shoreline areas EXCEPT as necessary for official maintenance or the preservation of public health and safety and for the use of launching boats in approved boat launch areas. d. Access to private property from public access points shall be controlled. 4. ENVIRONMENTS a. Conservancy Environment: Low intensity recreational uses shall be permitted in the conservancy environment subject to the following regulations: A recreation facility or structure shall be set back 100 feet from the ordinary high water line. -27- ii. iii. iv. Trail access shall be provided to link upland facilities to the shoreline. Roads and parking, camping facilities, golf courses, playing fields, and other large areas devoted to athletic activities shall not be permitted. Landscaping must, where possible, use indigenous, self-maintaining vegetation. b. All Other Environments: Recreational uses shall be permitted in other environments subject to the General Regulations. -28- L. RESIDENTIAL DEVELOPMENT 1. DEFINITION Residential development shall mean the construction or exterior alteration of one or more buildings, structures or portions thereof which are designed for and used to provide a place of abode for human beings including single family detached dwellings, floating homes, multi-family residences, row houses, townhouses, and other similar group housing, together with accessory uses and structures normally common to residential uses. Residential development shall not include hotels, motels, and vessels. Although a substantial development permit is not required for construction on wetlands by an owner, lessee or contract purchaser of a single family residence for his own use or for the use of his family, which residence does not exceed a height of 35 feet above grade (as defined herein) and which meets all requirements of the City of Winslow, such construction must otherwise conform to this Master Program. 2. POLICIES a. The planned unit development concept should be encouraged on the shoreline. b. All residential development shall preserve shoreline vegetation for control of erosion. Subdividers shall be encouraged to provide, within the subdivision, a usable access to the shoreline for residents of the subdivision. 3. GENERAL REGULATIONS a. Residential development (including floating homes) over water or in the inter-tidal zone shall be prohibited. b. All utility lines shall be underground. Residential developers shall be required to indicate how they plan to preserve shoreline vegetation and control erosion during construction. -29- 4. ENVIRONMENTS a. Conservancy Environment: For added review and regulation flexibility, residential subdivisions, to include short plats, shall be prohibited in the conservancy environment unless contained in a planned unit development. The 15% bonus density shall not be allowed for PUD's within conservancy environments. ii. Residential development shall comply with the site plan review as per the Winslow Zoning Ordinance. iii. Alterations in the conservancy environment shall be restricted to those absolutely necessary to the placement of the residential development. b. Open Space Residential: Residential development shall be permitted in the open space residential environment subject to the General Regulations and the Winslow Zoning Ordinance. ii. Alterations of topography and the land-water interface shall be minimized and related to the proposed development. The need for such alteration shall be documented. c. Residential Environment: Residential development shall be permitted in the residential environment subject to the General Regulations and the Winslow Zoning Ordinance. ii. Alterations of topography and the land-water interface shall be minimized and related to the proposed development. The need for such alteration shall be documented. d. Urban Environment: Residential development shall be permitted in the urban environment subject to the General Regulations and the Winslow Zoning Ordinance. e. Open Space Recreation Environment: Residential development shall not be permitted in the open space recreation environment. -30- M. ROADS AND PARKING 1. DEFINITION Roads are public improved rights of way. Parking or parking facilities shall consist of an area intended to accommodate three or more parked vehicles. 2. POLICIES a. Roads and parking, whenever feasible, shall be located outside the wetlands areas. Road and parking locations should be planned to fit the topography so that minimum alterations of natural conditions will be necessary. Roads and parking located in wetland areas shall be designed and maintained to prevent erosion and to permit the natural movement of ground water. 3. GENERAL REGULATIONS-ROADS All cut and fill slopes shall be stabilized and planted with grasses, shrubs and/or trees characteristic of the adjacent shoreline area. Roads shall be designed in accordance to City standards with respect to storm drainage and approved by the City Engineer. c. Filling of wetlands for road right of way shall be subject to a condition use permit. d. Excess construction materials shall be removed from the shoreline area. GENERAL REGULATIONS-PARKING a. Parking facilities on the shoreline shall be accessory to other permitted uses. Upland parking facilities for shoreline activities shall provide safe and convenient pedestrian circulation within the parking area and to the shorelines. c. Parking facilities must be designed to minimize the adverse effect on shorelines. Commercial parking facilities shall not be permitted on the shoreline other than facilities covered by #3e below. Parking facilities directly related to ferry terminals shall be permitted on the shoreline to the extent necessary to adequately serve the facility. -31- ENVIRONMENTS a. Conservancy Environment: Roads and parking facilities are not allowed in the conservancy enviEonment except service roads. b. Open Space Residential Environment: i. Roads are permitted in the open space residential environment subject to the General Regulations. ii. Commercial parking lots are prohibited in the open space residential environment. c. Residential Environment: i. Roads are permitted in the residential environment subject to the General Regulations. ii. Commercial parking lots are prohibited in the residential environment. d. Urban Environment: Roads and parking facilities are permitted in the urban environment subject to the General Regulations. e. Open Space Recreation Environment: Roads and parking facilities are permitted in the open space recreation environment subject to the General Regulations. -32- SIGNS 1. DEFINITIONS Any letter, figure, design, symbol, trademark or other device displayed outside of any building, on the exterior of any building or within three (3) feet of an exterior window of any building, which is intended to attract attention to any activity, service, place, political office, issue to be voted on, subject, firm, corporation or merchandise. The work "sign" as used in City of Winslow Ordinance No. 79-9, shall include the sign frame but shall not include official traffic signs or signals, public or court notices, government flags, signs not visible from the public right of way, signs on moving vehicles, newspapers, leaflets or other printed materials intended for individual use or individual distribution to members of the public. 2. POLICIES Signs should only be used to identify those activities located within the shoreline and should harmonize with adjacent environment. 3. GENERAL REGULATIONS a. Freestanding elevated signs shall only be allowed if not visible from the water and public rights of way. Applications for freestanding ground signs shall demonstrate that it is not feasible or impracticable to mount the requested sign flush on a building. Failure to satisfactorily meet this requirement shall be sufficient grounds for denial of the application. 4. ENVIRONMENTS a. Conservancy Environment: Signs other than public service signs as defined by the Winslow Sign Ordinance shall be prohibited in the conservancy environment. b. All Other Environments: Signs are permitted subject to the General Regulations. -33- O. UTILITIES 1. DEFINITION A service or facilities which produce, transmit, carry, store, process or dispose of electric power, gas, water, storm water, sewage, communications, oil and the like. 2. POLICIES Whenever utilities must be placed in a shoreline area, the location should be chosen so as not to obstuct or destroy scenic views. Whenever feasible these facilities should be placed underground, or designed to do minimal damage to the aesthetic qualities of the shoreline area. 3. GENERAL REGULATIONS' New utility transmission lines shall be underground or underwater wherever possible. Upon completion of installation of utility systems or of any maintenance thereof, the disturbed area shall be regraded to compatibility with the natural terrain and replanted (where appropriate) to prevent erosion. Any above ground facility shall be landscaped to minimize their visual impact. c. Underground Transmission Facilities: Such facilities shall minimize crossings of the water bodies. d. Surface Transmission Lines: ii. Surface transmission lines shall be avoided wherever possible. When paralleling a water body or highway surface, transmission rights of way shall be separated from them by a visual buffer of natural vegetation wherever available. iii. iv. Surface transmission lines shall cross shoreline jurisdictional areas by the shortest, most direct route feasible, unless such route would cause significant environmental damage. Surface transmission lines shall minimize crossings of shoreline areas. e. Aerial Transmission Lines: New Aerial transmission lines are not allowed in any shoreline area except privately-owned single phase lines to single family residences and they shall be underground where practical. -34- ENVIRONMENTS a. Conservancy Environment: i. Underground utility transmission facilities shall be permitted in the conservancy environment subject to the General Regulations. ii. No aerial or surface transmission lines are allowed in the conservancy environment. b. Open Space Residential: Utility facilities are permitted in the open-space environment subject to the General Regulations. c. Residential Environment: Utility facilities are permitted in the residential environment subject to the General Regulations. d. Urban Environment: Utility facilities are permitted in the urban environment subject to the General Regulations. e. Open Space Recreation Environment: Utility facilities are permitted in the open space recreation environment subject to the General Regulations. -35- MINING NO mining shall be permitted in the shoreline of the City of Winslow. FOREST MANAGEMENT No commercial logging shall be permitted within the shoreline of the City of Winslow except as required for other permitted uses. AGRICULTURE No agriculture shall be permitted within the shoreline of the City of Winslow except in conformity with the City of Winslow zoning code. SANITARY LANDFILL AND SOLID WASTE DISPOSAL No sanitary landfilling or solid waste disposal shall be permitted within the shoreline of the City of Winslow. JETTIES AND GROINS No jetties or groins shall be permitted within the shoreline of the City of Winslow. -36- PROCEDURES -BT- -38- (D> Ou] ~.-i Ex ~ C~ (D U] CO © Or~ V PROCEDURES PROCEDURE FOR OBTAINING A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT While all development in the shoreline does not require a shoreline substantial ~velopment permit, no development shall be undertaken on the shoreline of the City of Winslow except that which is consistent with the Shoreline Management Master Program. A. PERMIT REQUIRED No substantial development (as defined on page 4 - Definitions) shall be undertaken on the shoreline of the City without first obtaining a substantial development permit pursuant to the procedure set forth in the Shoreline Management Master Program. Applicants for shoreline substantial development permits shall have the burden of proving that a proposed substantial development is consistent with the goals, policies and regulations contained in this Shoreline Management Master Program. B. PROCEDURE 1. The applicant will submit 4 copies of the following to the City Clerk's office: a. Completed permit application form. b. Project diagrams. 1) Site Plan. Include on plan: a) Site boundary. b) Property dimensions in vicinity of project. c) Ordinary high-water mark. d) Typical cross section or sections showing: i. Existing ground elevations. ii. Proposed ground elevation. iii. Height of existing structures iv. Height of proposed structures. e) Where appropriate, proposed land contours using five-foot intervals in water area and ten-foot intervals on areas landward of ordinary high- water mark, if development involves grading, cutting, filling, or other alteration of land contours. f) Show dimensions and locations of existing structures which will be maintained. g) Show dimensions and locations of proposed structures. h) Identify source, composition, and volume of fill material. i) Identify composition and volume of any extracted materials, and identify proposed disposal area. -39- * f. , g. j) Location of proposed utilities, such as sewer, septic tanks and drainfields, water, gas, electricity. k) If the development proposes septic tanks, does proposed development comply with local health and state regulations? 1) Shoreline designation according to Master Program. m) Show which areas are shorelines and which are shorelines of state-wide significance. 2) Vicinity Map: a) b) c) Indicate site location using natural points of reference (roads, state highways, prominent landmarks, etc.). If the development involves the removal of any soils by dredging or otherwise, please identify the proposed disposal site on the map. If the disposal site is beyond the confines of the vicinity map, provide another vicinity map showing the precise location of the disposal site and its distance to the nearest city or town. Give a brief narrative description of the general nature of the improvements and land use within one thousand feet in all directions from development site (i.e. residential to the north, commercial to the south, etc. An environmental checklist. Record of subdivision or short subdivision. The terms, conditions, covenants, and agreements or other documents regarding the intended development. If the proposed development is part of a phased development plan, an outline of intended future plans may be required. Additional information to fully illustrate the applicant's intention. 2. The applicant will pay the following fees: Valuation of Project ** Application Fee $1,000 - 25,000 $100.00 $25,000 and higher $200.00 plus $1.00 for each additional$10O0 Environmental Check List Fee: $25.00 * If required by the administrator. ** Valuation to be determined by the administrator. -40- The City Clerk will transmit 2 copies of the file (Planning Agency copy and City Engineer's copy) to the City Engineer. The City Engineer will review the file to determine whether the file is complete. If the information in the file is not sufficient and/or more information is required for the environmental checklist, the City Engineer will within 10 days of the submittal of the application notify the applicant in writing as to the additional information required. The applicant will submit copies of all additional information to the City Clerk who will distribute the information to the proper files and personnel. When the file is complete, the City Engineer will notify the City Clerk and the Planning Agency Secretary who will transmit copies to the Planning Agency. The original file will remain in the City Clerk's office and a copy of the file will be maintained for the Hearing Examiner. Copies of all pertinent correspondence generated within City Hall as well as from interested citizens or elected officials will be placed in each file. Upon notification that the file is complete, the City Clerk will publish notice of the application at least once a week on the same day of the week for 2 consecutive weeks in a newspaper of general circulation within the area in which the development is proposed. In addition, the City Clerk will insure that additional notice is given by at least one of the following methods: Mailing to the latest recorded real property owners as shown by the County Assessor within at least three hundred (300) feet of the boundary of the property upon which the substantial development is proposed or, b. Posting in a conspicuous manner on the property upon which the project is to be constructed, or Any other manner deemed appropriate to accomplish the objectives of reasonable notice to adjacent landowners and the public. The form of the notice will be as follows: -41- NOTICE OF APPLICATION FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT, CONDITIONAL USE, OR VARIANCE PERMIT (use appropriate) Notice is hereby given that (state full name) who is (describe relationship to property, such as owner, purchaser, lessee, etc.) of the below-described property has filed an application for a substantial development, conditional use, or variance permit (use appropriate) for the development of (describe development, including uses) located at (give street address if known, otherwise give ~istance and direction to nearest landmark) of Township N., Range W.M., in Winslow, Kitsap County, Washington. Said development is proposed to be within (name of water area) and/or its associated wetlands. Any person desiring to submit written comments concerning this application or desiring to receive a copy of the final order after the issuance of the final order may submit such comments or requests for orders to the City of Winslow within thirty days of the final date of publication of this notice which is (date) Written comments must be received by (date) The City Engineer will review the file and will propose a recommendation to the Planning Agency as to whether the proposed substantial development complies with all applicable City ordinances as well as the criteria outlined in #10 for substantial d. evelopment permits. A tentative threshold determination will be prepared for Planning Agency review and comment. Within 45 days of transmittal to the Planning Agency, the Agency will: a. Review and comment on the tentative threshold determination. Determine whether a formal hearing is required. Projects which are relatively small in scale, which have not generated significant public comment, and/or for which no written request for a public hearing has been received may not require a formal hearing. -42- 10. c. Set notice requirements for the public hearing if a formal hearing is required. Prepare a formal recommendation regarding whether the proposal complies with the criteria set forth for substantial ~velopment outlined in #10 below as well as recommendations for additional requirements necessary to insure that the project fully complies with the Shoreline Management Master Plan and all other applicable City Ordinances. The City Engineer will make a threshold determination in compliance with SEPA and will post it on the SEPA public information center board in the City Engineer's office. Within 30 days of receipt of the Planning Agency's recommendation, the Hearing Examiner will conduct a public hearing. The City Clerk will cause notice of time, place and purpose of the hearing to be published at least onece a week on the same day of the week for 2 consecutive weeks in a newspaper of general circulation within the City of Winslow. In addition, the City Clerk will cause notice to be given by the method set by the Planning Agency. Such notices will include a statement that within 30 days of final publication, any interested person may submit written statements on the application or may notify the City Clerk of his/her desire to be notified in a timely manner of the action taken on the application and/or of his/her desire to receive a copy of the final order. In any hearing held to consider an application for a substantial development permit the applicant must demonstrate the following criteria: a. The development is consistent with the goals and policies of this Shoreline Management Master Program. b. The development is permitted by the General Regulations set forth for the use or activity. The use or activity is permitted by the regulations set forth for the specific environment in which it is to be located. The development will not cause a use or activity accessory to the major use or activity which is not consistent with the goals, policies and regulations in the Shoreline Management Master Program. Comments from the public may include environmental considerations brought out in the EIS if one has been required. -43- 11. 12. 13. Upon completion of the public hearing the Hearing Examiner will make findings, conclusions and a recommendation on the application. A copy will be transmitted to the applicant as well as to major participants in the hearing, or other interested persons who have made a written request for a copy of the final order. Upon receipt of the findings, conclusions and recommendation of the Hearing Examiner, the City Council may, but is not required to, hold additional public hearings in the same manner as provided herein. In addition, for a period of thirty (30) days following its receipt of the findings, conclusions and recommendation of the Hearing Examiner, the City Council will permit those interested parties who requested notice of the recommendation of the Hearing Examiner to submit additional written information, including legal briefs, regarding the application. If such parties desire to submit a verbatim transcript of the public hearing held by the Hearing Examiner they may do so, providing that they pay all costs incurred by the City in transcribing and copying the same. In addition, the Council may, if it so desires, call for oral argument. Thereafter, within sixty (60) days of its receipt of the findings, conclusions, and recommendation of the Hearing Examiner or within thirty (30) days of the completion of any additional public hearings held by the City Council, whichever is later, the City Council will take one of the following actions: Accept the findings, conclusions and recommendation of the Hearing Examiner and by reference adopt them as its final order. Modify or reject the findings, conclusions and recommendation and prepare its own written findings and conclusions in support of its decision. In cases where the City Council rejects or modifies the Hearing Examiner's decision, a public hearing may be held. Notice provisions are the same as #9 above. The City Clerk will transmit copies of the original application, Affidavit of Public Notice, site plan, vicinity map, permit, and final order to the Department of Ecology and Attorney General within eight (8) days of the City Council's final decision. Where applicable, a statement summarizing the actions taken by the City pursuant to Chapter 43.21C RCW and the City of Winslow Ordinance No. 76-11 will also be transmitted by the City Clerk. This summary will include, but not limited to, the date the threshold determination was made and the date the draft and final Environmental Impact Statement was issued. -44- 14. The decision of the City Council will be final unless any person aggrieved of the decision files a request for review prior to 30 days following the date the final order is received by the Department of Ecology. The request for review is filed with the Department of Ecology and the Attorney General (RCW 90.58.180). If it appears to either agency that the requestor has valid reason to seek review, either may certify the request within 30 days after its receipt to the Shorelines Hearing Board. It is only through request by the Department of Ecology or the office of the Attorney General that the Shorelines Hearing Board will review the matter. However, the failure to obtain review by the Shorelines Hearing Board does not preclude the requestor from obtaining a review in Superior Court under any right to review otherwise available. CONSTRUCTION MAY NOT BEGIN AND IS NOT AUTHORIZED UNTIL THIRTY (30) DAYS FROM THE DATE THE FINAL ORDER AND ACCOMPANYING DOCUMENTS ARE RECEIVED BY THE DEPARTMENT OF ECOLOGY OR UNTIL ALL REVIEW PROCEEDINGS INITIATED BY THE DOE WITHIN THIRTY (30) DAYS OF THE DATE OF SUCH FILING HAVE BEEN TERMINATED. PROCEDURE FOR OBTAINING A SUBSTANTIAL DEVELOPMENT PERMIT WHEN THE PLANNING AGENCY DOES NOT REQUIRE A FORMAL PUBLIC HEARING Certain projects due to their nature may not require a formal public hearing. The Planning Agency makes the determination on the public hearing question following their review of the proposal, the environmental checklist and the tentative threshold determination. Projects of relatively small scale, which involve a single property owner, which have not generated significant public controversy and for which no written request for a public hearing has been received may be referred directly to the City Council by the Planning Agency. PROCEDURE 1 - 8 Submittal of substantial development permit application, review for adequacy, City Engineer's review and recommendation and Planning Agency's review and recommendations. The procedures for steps 1 - 8 are identical for all proposals. See the procedure for obtaining a substantial development permit. 9. If the Planning Agency determines that no formal public hearing is required, the Agency will prepare a formal finding of fact, conclusion of law and recommendation to the City Council. A copy will be transmitted to the applicant as well as to any person from whom a written request for a copy has been received and a copy will be sent to the City Council. 10. For a period of 30 days following transmittal of the Planning Agency's recommendations, the City Council will permit any interested party to submit a request for a formal public hearing. Such request must contain detailed information as to why the Planning Agency's decision not to require a formal public hearing should be reversed. 11. If the City Council so desires, it may hold a formal public hearing at its own initiative or following receipt of a written request for a hearing. The public hearing notice provisions and considerations to be demonstrated by the applicant are the same as the requirements in Section 9 and 10 of the regular substantial development permit procedure. 12. If no public hearing is to be required, or following the Council's optional public hearing, the City Council will take one of the following actions: Accept the findings of fact, conclusions of law and recommendation of the Planning Agency and by reference adopt them as its order. -46- 13. 14. Modify or reject the findings of fact, conclusions of law, and recommendation of the Planning Agency and prepare its own in support of its decision. In cases where the City Council modifies or rejects the Planning Agency's action, a public hearing may be held in accordance with public hearing provisions herein. The City Clerk will transmit copies of the original application, Affidavit of Public Notice, site plan, vicinity map, permit, and final order to the Department of Ecology and Attorney General within eight (8) days of the City Council's final decision. Where applicable, a statement summarizing the actions taken by the City pursuant to Chapter 43.21C RCW and the City of Winslow Ordinance No. 76-11 will also be transmitted by the City Clerk. This summary will include, but not limited to, the date the threshold determination was made and the date the draft and final Environmental impact Statement was issued. The decision of the City Council will be final unless any person aggrieved of the decision files a request for review prior to 30 days following the date the final order is received by the Department of Ecology. The request for review is filed with the Department of Ecology and the Attorney General (RCW 90.58.180). If it appears to either agency that the requestor has valid reason to seek review, either may certify the request within 30 days after its receipt to the Shorelines Hearing Board. It is only through request by the Department of Ecology or the office of the Attorney General that the Shorelines Hearing Board will review the matter. However, the failure to obtain review by the Shorelines Hearing Board does not preclude the requestor from obtaining a review in Superior Court under any right to review otherwise available. -47- PROCEDURE FOR VARIANCES PROCESSED WITHOUT A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT Variances deal with specific bulk, dimensional or performance requirements of the Master Program, and their objective is to grant relief when there are practical difficulties or unnecessary hardship if the strict letter of the Master Program were carried out. The fact that an applicant might make a greater profit by using his property in a manner contrary to the intent and provisions of the Program is not a sufficient reason for variance approval. PROCEDURE 1. The applicant will submit 4 copies of the following to the City Clerk's office: a. Completed permit application form. b. Project diagrams. 1) Site Plan. Include on plan: a) Site boundary. b) Property dimensions in vicinity of project. c) Ordinary high-water mark. d) Typical cross section or sections showing: i. Existing ground elevations. ii. Proposed ground elevation. iii. Height of existing structures. iv. Height of proposed structures. e) Where appropriate, proposed land contours using five-foot intervals in water area and ten-foot intervals on areas landward of ordinary high-water mark, if development involves grading, cutting, filling, or other alteration of land contours. f) Show dimensions and locations of existing structures which will be maintained. g) Show dimensions and locations of proposed structures. h) Identify source, composition, and volume of fill material. i) Identify composition and volume of any extracted materials, and identify proposed disposal area. j) Location of proposed utilities, such as sewer, septic tanks and drainfields, water, gas, electricity. k) If the development proposes septic tanks, does proposed development comply with local health and state regulations? 1) Shoreline designation according to Master Program. m) Show which areas are shorelines and which are shorelines of state-wide significance. -48- , f. , g. 2) Vicinity Map: a) Indicate site location using natural points of reference (roads, state highways, prominent landmarks, etc.). b) If the development involves the removal of any soils by dredging or otherwise, please identify the proposed disposal site on the map. If the disposal site is beyond the confines of the vicinity map, provide another vicinity map showing the precise location of the disposal site and its distance to the nearest city or town. c) Give a brief narrative description of the general nature of the improvements and land use within one thousand feet in all directions from development site (i.e. residential to the north, commercial to the south, etc.). An environmental checklist. Record of subdivision or short subdivision. The terms, conditions, covenants, and agreements or other documents regarding the intended development. If the proposed development is part of a phased development plan, an outline of the intended future plans may be required. Additional information to fully illustrate the applicant's intention. 2. The applicant will pay the following fees: Valuation of Project ** Application Fee $1,000 - 25,000 $100.00 $25,000 and higher $200.00 plus $1.00 for each additional $1000 Environmental Check List Fee: $25.00 * If required by the administrator. ** Valuation to be determined by the administrator. -49- The City Clerk will transmit 4 copies of the file (Planning Agency copy and City Engineer's copy) to the City Engineer. The City Engineer will review the file to determine whether the file is complete. If the information in the file is not sufficient and/or more information is required for the environmental checklist, the City Engineer will within 10 days of the submittal of the application notify the applicant in writing as to the additional information required. The applicant will submit copies of all additional information to the City Clerk who will distribute the information to the proper files and personnel. When the file is complete, the City Engineer will notify the City Clerk and the Planning Agency Secretary who will transmit copies to the Planning Agency. The original file will remain in the City Clerk's office and a copy of the file will be maintained for the Hearing Examiner. Copies of all pertinent correspondence generated within City Hall as well as from interested citizens or elected officials will be placed in each file. Upon notification that the file is complete, the City Clerk will publish notice of the application at least once a week on the same day of the week for 2 consecutive weeks in a newspaper of general circulation within the area in which the development is proposed. In addition, the City Clerk will insure that additional notice is given by at least one of the following methods: Mailing to the latest recorded real property owners as shown by the County Assessor within at least three hundred (300) feet of the boundary of the property upon which the variance is proposed, or b. Posting in a conspicuous manner on the property upon which the project is to be constructed, or Any other manner deemed appropriate to accomplish the objectives of reasonable notice to adjacent landowners and the public. The form of the notice will be as follows: -50- NOTICE OF APPLICATION FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT, CONDITIONAL USE, OR VARIANCE PERMIT (use appropriate) Notice is hereby given that (state full name) who is (describe relationship to property, such as owner, purchaser, lessee, etc.) of the below-described property has filed an application for a substantial development, conditional use, or variance permit (use appropriate) development of (describe development, including uses) located at (give street address if known, otherwise give distance and direction to nearest landmark) of Township N., Range W.M., in Winslow, Kitsap County, Washington. Said development is proposed to be within (name of water area) and/or its associated wetlands. Any person desiring to submit written comments concerning this application or desiring to receive a copy of the final order after the issuance of the final order may submit such comments or requests for orders to the City of Winslow within thirty days of the final date of publication of this notice which is (date) Written comments must be received by (date) for the The City Engineer will review the file and will propose a recommendation to the Planning Agency as to whether the proposed variance complies with all applicable City ordinances as well as the criteria outlined below for variances. A tentative threshold determination will be prepared for Planning Agency review and comment. Within 45 days of transmittal to the Planning Agency, the Agency will: a. Review and comment on the tentative threshold determination. Determine whether a formal hearing is required. Projects which are relatively small in scale, which have not generated significant public comment, and/or for which no written request for a public hearing has been received may not require a formal hearing. -51- 10. c. Set notice requirements for the public hearing if a formal hearing is required. Prepare a formal recommendation regarding whether the proposal complies with the criteria set forth for variances outlined in #10 below as well as recommendations for additional requirements necessary to insure that the project fully complies with the Shoreline Management Master Program and all other applicable City ordinances. The City Engineer will make a threshold determination in compliance with SEPA and will post it on the SEPA public information center board in the City Engineer's office. If a hearing is to be required, within 30 days of receipt of the Planning Agency's recommendation, the Hearing Examiner will conduct a public hearing. The City Clerk will cause notice of time, place and purpose of the hearing to be published at least once a week on the same day of the week for 2 consecutive weeks in a newspaper of general circulation within the City of Winslow. In addition, the City Clerk will cause notice to be given by the method set by the Planning Agency. Such notices will include a statement that within 30 days of final publication, any interested person may submit written statements on the application or may notify the City Clerk of his/her desire to be notified in a timely manner of the action taken on the application and/or of his/her desire to receive a copy of the final order. In any hearing held to consider an application for a variance the applicant must demonstrate the following: For development that would be located landward of ordinary high water except those areas designated by DOE as marshes, swamps, bogs: 1) That the strict application of the bulk, dimensional or performance standards set forth in the applicable Master Program precludes or significantly interferes with a reasonable permitted use of the property. 2) That the hardship described above is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the Master Program, and not for example, from deed restrictions or the applicant's own actions. That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the shoreline environment designation. -52- 11. 12. That the variance authorized does 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. 5) That the public interest will suffer no substantial detrimental effect. Variance permits for development that will be located either waterward of the ordinary high water mark within marshes, bogs, or swamps as designated by the DOE may be authorized provided the applicant can demonstrate the following, in addition to the criteria above: That the public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance. Additionally, in the granting of all variance permits, consideration will be given to the cumulative impact of additional requests for like actions in the area. For example, if variances were granted to other developments in the area where similar circumstances exist, the total of the variances should also remain consistent with the policies of the Master Program and should not produce substantial impact. Upon completion of the public hearing, the Hearing Examiner will make findings, conclusions and a recommendation on the application. A copy will be transmitted to the applicant as well as to major participants in the hearing, or other interested persons who have made a written request for a copy of the final order. Upon receipt of the findings, conclusions and recommendation of the Hearing Examiner, the City Council may, but is not required to, hold additional public hearings in the same manner as provided herein. In addition, for a period of 30 days following its receipt of the findings, conclusions and recommendation of the Hearing Examiner, the City Council will permit those interested parties who requested notice of the recommendation of the Hearing Examiner to submit additional written information, including legal briefs, regarding the application. If such parties desire to submit a verbatim transcript of the public hearing held by the Hearing Examiner they may do so, providing that they pay all costs incurred by the City in transcribing and copying the same. In addition, the Council may, if it so desires, call for oral argument. Thereafter, within 60 days of its receipt of the findings, conclusions, and recommendation of the Hearing Examiner or within 30 days of the completion of any additional public hearings held by the City Council, whichever is later, the City Council will take one of the following actions: -53- Accept the findings, conclusions and decision of the Hearing Examiner and by reference adopt them as its ow~. Modify or reject the findings, conclusion and decision and prepare its own written findings and conclusions in support of its decision. In cases where the City Council rejects or modifies the Hearing Examiner's decision, a public hearing may be held. Notice provisions are the same as #9 above. 13. All applications for variances will be forwarded to the Department of Ecology for final approval or disapproval. No approval or disapproval shall be considered final until it has been acted upon by the Department of Ecology. Copies of the DOE ruling will be sent to the City and to the applicant. The City will notify those interested persons requesting notification of the final decision. -54- PROCEDURE FOR VARIANCES PROCESSED WITH A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT The application for a variance will be processed simultaneously with the application for the substantial development permit. The applicant will comply with all procedures as outlined in the shoreline substantial development permit procedures. In addition, however, the applicant will submit with the initial application a written statement detailing the need for variance and why the proposed development could not be changed so as to comply with the Master Program regulations. The Engineer's recommendations and the Planning Agency's recommendations should address both the criteria outlined for substantial development permits as well as that outlined below for variances. In any hearing held to consider an application for a variance, the applicant must demonstrate the criteria listed in the section on Applying for a Variance Without a Shoreline Substantial Development Permit. All applications for variances will be forwarded to the Department of Ecology for final approval or disapproval. No approval or disapproval will be considered final until it has been acted upon by the Department of Ecology. Copies of the DOE ruling will be sent to the City and to the applicant. The City will notify those interested persons requesting notification of the final decision. The applicant will pay same fees as for shoreline substantial development permit. -55- PROCEDURE FOR OBTAINING A CONDITIONAL USE PERMIT The objective of a conditional use provision is to provide more control and flexibility for implementing the regulations of the Master Program. Uses classified as subject to the issuance of a conditional use permit can be permitted only by meeting such performance standards that make the use compatible with other permitted uses within the area as may be imposed through the approval process. PROCEDURE The applications for a conditional use permit will be processed simultaneously with the application for the substantial development permit. The applicant will comply with all procedures as outlined in the shoreline substantial development permit procedures. In addition, however, the applicant will submit with the initial application a written statement detailing what aspect of the project requires conditional use permit. In any hearing held to consider an application for a conditional use permit the applicant must demonstrate the following: a. That the proposed use will be consistent with the policies of the Master Program. b. That the proposed use will not interfere with the normal public use of public shorelines. That the proposed use of the site and design of the project will be compatible with other permitted uses within the area. That the proposed use will cause no unreasonably adverse effects to the shoreline environment designation in which it is to be located. e. That the public interest suffers no substantial detrimental effect. Other uses which are not classified or set forth in the applicable Master Program may be authorized as conditional uses provided the applicant can demonstrate in addition to the criteria set forth above, that extraordinary circumstances preclude reasonable use of the property in a manner consistent with the use regulations of the Master Program. -56- In the granting of all conditional use permits, consideration will be given to the cumulative impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area where similar circumstances exist, the total of the conditional uses should also remain consistent with the policies of the Master Program and should not produce substantial adverse effects to the shoreline environment. All applications for conditional use permits will be forwarded to the Department of Ecology for final approval or disapproval. No approval or disapproval will be considered final until it has been acted upon by the Department of Ecology. Copies of the DOE ruling will be sent to the City of Winslow and the applicant. The City will notify those interested persons having requested notification from the City of the final decision. The applicant will pay only the fees required for the Shoreline substantial development permit. -57- REVISIONS TO SUBSTANTIAL DEVELOPMENT PERMITS An applicant seeking to revise a substantial development permit will submit to the City Clerk three copies of detailed plans and text describing the proposed revision in the permit and environmental checklist. The City Clerk will transmit two copies of the file (Planning Agency copy and City Engineer's copy) to the City Engineer. The City Engineer will review the file to determine whether the file is complete. If the information in the file is not sufficient and/or more information is required for the environmental checklist, the City Engineer will within 10 days of the submittal of the application notify the applicant in writing as to the additional information required. The applicant will submit copies of all additional information to the City Clerk who will distribute the intormation to the proper files and personnel. When the file is complete, the City Engineer will notify the City Clerk and the Planning Agency Secretary who will transmit copies to the Planning Agency. The original file will remain in the City Clerk's office. Copies of all pertinent correspondence generated within City Hall as well as from interested citizens or elected officials will be placed in each file. The Planning Agency will review the proposed revision and will within 45 days make a formal recommendation to the City Council as to whether the proposed revision is within the scope and intent of the original permit. The following criteria will be used: a. No additional over-water construction is involved. Lot coverage and height may be increased a maximum of 10% from the provisions of the original permit provided that the revisions do not involve new structures not shown on the plans for the original substantial development permit. c. Height, lot coverage, setback or any other aspects of the proposed revision are not in conflict with the Master Program. d. Landscaping added to the project is consistent with the original permit and the Master Program. e. No additional significant adverse environmental impact will be caused by the proposed revision. -58- The City Council will review the proposed revision and the Planning Agency's recommendation and may approve or disapprove the proposed revision. The City Council may approve the revision if it finds that it is within the criteria set forth in #4 above. If the City Council finds the revision is not within the criteria set forth in #4 above it may disapprove the revision and the applicant will be required to apply for a new substantial development permit in the manner provided in this Master Program. If the City Council approves the revision the revised permit will become effective immediately upon adoption by resolution of the Council of the revised order. The City Clerk will submit the resolution and a complete file to the D.O.E. and the Attorney General. A copy of the resolution will be sent to persons who have notified the City of their desire to receive a copy of action taken on the original permit as provided for in this Master Program. Any decision of the City Council will be final unless within 30 days any person aggrieved by the approval or disapproval of a revision seeks review of the decision by the Shorelines Hearing Board. If an appeal is successful in establishing that the revision is not within the scope and intent of the original permit, it shall have no effect on the original permit. The procedure for filing the appeal is the same as the appeal of a decision on the original substantial development permit. CONSTRUCTION UNDERTAKEN PURSUANT TO ANY PORTION OF A REVISED PERMIT WILL BE AT THE APPLICANT'S OWN RISK UNTIL EXPIRATION OF THE DEADLINE FOR APPEAL. -59- TIME LIMITS FOR SUBSTANTIAL DEVELOPMENT PERMITS The following time requirements shall apply to all substantial development permits, variances and conditional use permits: 1. Two Year Progress Period: Construction or substantial progress toward construction of a project for which a permit has been granted must be undertaken within two (2) years after the approval of the substantial development permit. Substantial progress towards construction shall include, but not be limited to, the letting of bids, making of contracts, purchase of materials involved in development, provided that any such progress is consistent with the goals of the State Master Program and the City's Master Program. Time during which litigation related to the project is pending shall not be included in calculating this two-year period. The City Council may after review of relevant factors (such as the inability of the proponent to obtain other required governmental permits) extend the two-year time period. A resolution shall be adopted if the extension is granted. 2. Permit Duration: Projects for which substantial development permits have been granted must be completed within the duration of the permit. The duration of a permit shall not exceed five (5) years from the date of approval of the final order by the City Council. Permits of shorter duration may be approved however, and the final order shall reflect this time limit. The City Council may after review of relevant factors either extend or terminate the permit. A resolution shall be adopted if the extension is granted. -60- ~DMIF'IIS'I'RAI'ION VI ADMINISTRATION A. NON-CONFORMING USES Any shoreline lot, tract, parcel of land, building or use in existence at the date of adoption of this Master Program shall be a legal non-conforming use and may continue without time limit. 2. A non-conforming use of land may be continued provided that: It is not enlarged, increased, or extended to occupy a greater area of land than was occupied on the date of adoption of this Master Program, or applicable amendments thereto. b. It is not moved in whole or in part to any other portion of the lot or parcel. c. If the use ceases for a period of more than 180 days, the subsequent use of the land shall be conforming. 3. A non-conforming use of a structure may remain and be used provided that: a. It is not enlarged or altered so as to increase its non-conformity. b. If moved, it is made to conform to regulations of this Master Program for the zone of new location. 4. A non-conforming use of a structure may be continued provided that: a. The structure is not enlarged or moved. b. It may be changed to another non-conforming use by the Hearing Examiner. c. If it iS superceded by a conforming use, the non-conforming use may not thereafter be resumed. If it is discontinued for a period of six consecutive months or for a total of eighteen months in any three year period, it may not thereafter be resumed. -62- B. INSPECTION The City Engineer of the City or designee may inspect properties as necessary to determine whether the permittee has complied with the conditions of the respective permits and, whether there is reasonable cause to believe that development has occurred upon any premises in violation of the Shorelines Management Act and this Master Program. The City Engineer or designee may enter upon such premises at all reasonable times to inspect the same. C. RESCISSION, SERVICE OF NOTICE, HEARING Any permit granted pursuant to this ordinance may be rescinded or modified upon the finding by the City Council that the permittee has not complied with the conditions of his permit. The City Council may initiate rescission and modification proceedings by serving written notice of non-compliance on the permittee. Before permit can be rescinded or modified, a public hearing shall be held by the City Council no sooner than 10 days following the service of notice upon permittee. D. ENFORCEMENT - CRIMINAL PENALTIES, CIVIL LIABILITY Any person found willfully engaged in activities on the shorelines of the City in violation of this ordinance or the Shorelines Management Act or in violation of this Master Program, rules or regulations adopted pursuant thereto, will be guilty of a misdemeanor, and will be punished by fine of not less than $25.00 and no more than $500.00, or imprisonment in the County Jail for not more than 90 days, or by both such fine and imprisonment. The City, through the City Attorney, shall cause to be issued such regulatory orders as are appropriate pursuant to the Shorelines Management Act and the regulations promulgated thereunder and shall cause to be brought such injunctive, declaratory or other proceedings as are necessary to insure that no uses are made of the shorelines of the City in conflict with the provisions or programs of this ordinance or of the Shorelines Management Act and to otherwise enforce the provisions of this ordinance and said Act. In addition to the penalties provided above, the City Attorney of the City as well as any private person shall have all rights to bring civil action as provided by RCW 90.58.230. -63- VII. REVISIONS & AMENDMENTS VII. REVISION & AMENDMENTS TO THE MASTER PROGRAM Any property owner, contract purchaser or representative thereof who has been designated as such in writing may propose amendments to this Master Program by submitting it in writing to the City. In addition, the City Council and/or the Mayor may initiate proposed amendments. PROCEDURE: 1. The initiator will submit 4 copies of the following information to the City Clerk's office: a. For amendments to the text of the Master Program: 1) The entire section of the Master Program in which the proposed change is clearly shown. 2) A complete and detailed written statement explaining the reason for the proposed change. b. For amendments to the Master Program map: 1) A 1" = 200' scale map of the City showing clearly the area to be changed. 2) The map should also show the following features: Existing structures and their current usage, proposed improvements, if applicable, water courses and other natural features. 3) A complete and detailed written statement explaining the reason for the proposed change. 2. If initiated by a citizen, the City Clerk will transmit a copy of the proposed amendment to the Mayor and the City Council. The Mayor and or the City Council may or may not consider the proposed amendment at its discretion but if considered the initiator of the proposed amendment will be notified and consideration of whether to process the proposed amendment further will be made at a regularly scheduled Council meeting. If the Mayor and/or the City Council wishes to process a proposed amendment to the Master Program, the City Clerk will transmit copies of the complete file to the Planning Agency and the City Engineer. The original file will remain in the City Clerk's office. Copies of all pertinent correspondence generated within City Hall as well as from interested citizens or elected officials will be placed in each file. -65- 10. 11. 12. 13. The City Engineer will prepare a recommendation to the Planning Agency listing advantages and disadvantages of the proposed amendment. The City Engineer will prepare an environmental checklist and make a threshold determination. Within 30 days of receipt from the City Engineer, the Planning Agency will prepare a recommendation to the City Council. Following receipt of the Planning Agency's recommendation, the Council will schedule a public hearing. Notice shall be in the Bainbridge Review and the Bremerton Sun a minimum of once each week for the 3 weeks immediately preceding the hearing. Notice shall include: (WAC 173-19-062) a. Reference to the authority under which the action is proposed. b. A statement or summary of the proposed changes to the Master Program. c. Date, time and location of the hearing and the manner in which interested persons may present their views thereon. The City will also notify the Kitsap County Department of Community Development. Copies of the entire section to be revised shall be available for public inspection at least 7 days prior to the public hearing. The City Council will hold a public hearing on the date advertised. A decision on the proposed revision will be made following Council consideration of the testimony at the public hearing, the Planning Agency's recommendation, the City Engineer's recommendation and all additional written information received regarding the proposed revision. The City Council will adopt an ordinance relating to the revisions. The City Clerk will submit to the Department of Ecology the following: a. A copy of the complete section in which the revision was made. An explanatory statement, record of the hearing, and/or other materials which document the necessity for the proposed changes to the Master Program. c. An affidavit showing that notice has been properly published. d. An environmental checklist, threshold determination and Environmental Impact Statement if required. 14. No proposed amendment to the Master Program will be considered final until approved by the Department of Ecology pursuant to the provisions of RCW 34.04.025. -67-