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Home My WebLink AboutO-0789 - Shoreline development permits (Repealed by 2852)')....:.- .,:-I ," ,/i ORDINANCE NO AN ORDINANCE OF THE CITY OF MARYSVILLE PROVIDING FOR PERMIT PROCEDURES FOR DEVELOPMENT ON SHORELINES WITHIN THE CITY LIMITS OF MARYSVILLE,AND PROVID- ING CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON, DO ORDAIN AS FOLLOWS Sect~on I Def~n~t~ons (a)"Ord~nary h~gh water mark"on all lakes,streams, and t~dal water ~s that mark that w~ll be found by exam~nlng the bed and banks and ascerta~n~ng where the presence and actlon of waters are so common and usual,and so long contlnued In all ordlnary years,as to mark upon the so~l a character dlstlnct from that of the abuttlng upland,In respect to vegetation as that cond~t~on eXlsts on the effectlve date of thlS ord~nance or as It may naturally change thereafter PROVIDED, That In any area where the ordlnary hlgh water mark cannot be found,the ordlnary hlgh water mark adJolnlng saltwater shall be the llne of mean h~gher hlgh tlde and the ordlnary hlgh water mark adJolnlng fresh water shall be the llne of mean hlgh water, (b)"Shorellnes"means all of the water areas w~thln the Clty llmlts of the Clty of Marysvllle,lnclud- lng reserVOlrs,and the~r assoclated wetlands,to- gether wlth the lands underlylng them,except (~) shorellnes on segments of streams upstream of a pOlnt where the mean annual flow lS twenty CUblC feet per second or less and the wetlands assoclated wlth such upstream segments, (c)"Wetlands"or "wetland areas"means those lands extendlng landward for two hundred feet In all dlrectlons as measured on a hor~zontal plane from the ordlnary hlgh water mark,and all marshes,bogs, swamps,floodways,rlver deltas,and the flood plalns assoclated wlth the streams,lakes and t~dal waters whlch are subJect to the prov~slons of thls ord~nance,the same to be deslgnated as to locat~on by State Ecology Department and/or Clty Plann~ng Comm~sslon (d)"Development"means a use conslstlng of the con- struct~on or exter~or alteratlon of structures, dredglng,drlll~ng,dump~ng,f~lllng,removal of any sand,gravel or m~nerals,bulkheadlng,dr~vlng of pll~ng,plac~ng of obstruct~ons,or any proJect of a permanent or temporary nature whlch lnterferes wlth the normal publlc use of the surface of the waters overlylng lands subJect to this ordlnance at any state of water level, ....r (e)"Substantlal development"shall mean any develop- ment of WhlCh the total cost or fair market value exceeds one thousand dollars,or any development whlch materlally lnterferes wlth the normal publlC use of the water or shorellnes wlthln the city llmlts of the Clty of Marysvllle,except that the followlng shall not be consldered substantlal developments for the purpose of thlS ordlnance (1)Normal malntenance or repalr of eXlstlng structures or developments,lncludlng damage by accldent,flre or elements, (11)Constructlon of the normal protectlve bulkhead common to slngle famlly reSl- dences, (111)Emergency constructlon necessary to pro- tect property from damage by the elements, (lV)Constructlon of a barn or Slmllar agrl- cultural structure on wetlands, (v)Constructlon or modlflcatl0n of navlgatlon- al alds such as channel markers and anchor buoys, (Vl)Constructlon on wetlands by an owner,lessee or contract purchaser of a slngle famlly resldence for hlS own use or for the use of hlS famlly,WhlCh resldence does not exceed a helght of thlrty-flve feet above average grade level and whlch meets all requlrements of the governlng agency havlng Jurlsdlctlon thereof,other than requlre- ments lmposed pursuant to thlS ordlnance Sectl0n 2 No development shall be undertaken on the shorellnes of the Clty of Marysvllle except those WhlCh are conS1S- tent wlth the pollcles of thlS ordlnance and,after adoptl0n or approval,as approprlate,the appllcable gUldellnes,regulatl0ns, or master program Sectlon 3 No substantlal development shall be undertaken on the shorellnes of the Clty of Marysvllle wlthout flrst obtalnlng a permlt from the Clty Sectl0n 4.All persons deslrlng such a permlt shall make appllcatlon by paYlng a fee of $50.00 and flllng an appllcatlon wlth the Clty Plannlng CommlSSlon Sectl0n 5 forms prescrQbed by name and address of the locatlon of the deemed necessary by Appllcatl0ns for permlts shall be made on the Plannlng Commlssl0n,and shall contaln the the appllcant,a descrlptl0n of the development, development,and any other relevant lnformatlon the Plannlng Commlsslon Sectl0n 6 The Commlsslon shall hold a publlC hearlng to determlne whether the substantlal development proposed lS conslstent Wlth (1)the pOllCy of Sectlon 2,Chapter 286,Laws of 1st Ex Sess- lon,1971,commonly known as The Shorellne Management Act,(11)the -2- «,. appllcable gUldellnes and regulatlons of the Department of Ecology, State of Washlngton,and (111)the master program belng developed In the area Sectlon 7 Upon recelpt of an appllcatlon for a permlt the Plannlng Commisslon shall lnstruct the appllcant,at appllcant's cost,to publlsh notlce thereof at least once a week for two consecu- tlve weeks In a newspaper of general clrculatlon wlthln the Clty of Marysvllle The second notlce shall be publlshed not less than ten days prlor to the publlc hearlng to be held by the Plannlng CommlS- Slon An affldavlt of publlcatlon shall be transmltted by the appll- cant to the Clty of Marysvllle and afflxed to the appllcatlon The Plannlng Commlsslon shall also cause to be malled notlce to each property owner of record wlthln three hundred feet of the proposed development The date of the malllng shall not be less than seven days In advance of the date of the publlC hearlng to be held by the Plannlng CommlSSlon The Plannlng CommlSSlon wlll prescrlbe the forms of the notlces to be glven hereunder Sectlon 8 In the event the Commlsslon shall determlne the substantlal development lS conslstent wlth the above crlterla, the Chalrman shall so state In wrltten flndlngs of the COffiffilSSlon WhlCh are adopted by a maJorlty vote of the Commlsslon,and such shall be flIed wlth the Clty Clerk Sectlon 9.At the Clty Councll meetlng followlng the flllng of such flndlngs wlth the Clty Clerk,the Clty Councll,on ltS own lnltlatlve or on request of an aggrleved party,whether the appll- cant or any other lndlvldual,may set another hearlng date by glvlng notlce In the newspaper and by mall In the manner prescribed for the Plannlng Commlsslon,and at such publlC hearlng determlne on the merlts whether the development lS conslstent wlth the above crlterla If at such hearlng the maJorlty of the councll determlnes that such development satlsfles the crlterla,then a permlt shall lssue upon the terms and condltlons herelnafter prescrlbed and prescrlbed by the Councll Sectlon 10 In the event,however,at the Councll meetlng followlng the flllng of the flndlngs of the Plannlng Commlsslon no publlC hearlng lS set,then the permlt shall lssue upon the terms and condltlons herelnafter prescrlbed and as prescrlbed by the Plannlng Commlsslon Sectlon 11 The Mayor and the Clty Clerk shall slgn sald permlt,and upon such the same shall be deemed lssued Sectlon 12 No one WHO 15 lssued a permlt hereunder shall be authorlzed to commence constructlon untll forty-flve days have elapsed from the date sald permlt 15 slgned by the Mayor and Clty Clerk Sectlon 13 Nothlng In thlS ordlnance shall authorlze the lssuance of a permlt upon condltlons or terms whlch are speCl- flcally contrary to the laws of the State of Washlngton. Sectlon 14 All appllcants for permlts shall have the burden of provlng that a proposed development 15 conslstent wlth the crlterla WhlCh must be met before the permlt 15 lssued Sectlon 15 Any permlt lssued hereunder may be resclnded by the Clty Councll upon a flndlng that a permlttee has not compIled wlth the condltlons of a permlt,subJect however to a hearlng as herelnafter provlded -3- ..-\'"," Sectlon 16 Before such permlt lS resclnded by the Councll, the Councll shall set a date for a publlC hearlng to determlne whether the permlttee has not compIled w1th the cond1t1ons of the perm1t Th1S hear1ng w1l1 be held at such tlme as deemed appropriate by the Councll,and upon not1ce to the perm1ttee by mall1ng such to permlttee's address as shown on the appllcatlon,by postlng one notlce at the development,and by not1ce In a newspaper of general clrculatlon wlthln the Clty at least ten days prlor to the hearlng Sectlon 17 The Mayor shall have the authorlty to lmmedlately stop any work under a permlt whlch the Mayor belleves,ln good falth, lS not ln compllance wlth the permlt and lS 11kely to cause lmmedlate and lrreparable harm Upon such a stop order belng lssued,the per- mlttee shall lmmedlately cease and des1st such portion of the develop- ment WhlCh lS ordered stopped by the Mayor,but may contlnue worklng on the other port1ons of sald development As soon as lt lS practical thereafter,a hearlng wll1 be held before the Councl1 of the C1ty of Marysv1l1e to determ1ne whether the condltlons of the permlt were be1ng v10lated,and 1f so,whether to cancel sald perm1t or determlne what other act10n should be taken Notlce of hear1ng shall be 1n the form and manner prescribed here1nabove as to a hearlng on cancellatl0n of a permit Sect10n 18 The"C1ty of Marysvl~le shall have the author1ty to 1n1t1ate such 1nJunct1ve,declaratory,or other act10n as deemed necessary to 1nsure that no uses are made of the shorel1nes of the C1ty of Marysv1lle ln confllct w1th the provls1ons and programs of th1s ord1nance,and to otherw1se enforce the prov1s1ons of th1S ord1nance Sect10n 19 In add1t1on to 1ncurr1ng C1V1l llab1l1ty,any person found to have w1l1fully engaged ln actlv1tles on the shorel1nes w1th1n the C1ty of Marysvllle ln v101at1on of the prov1s10ns of thIs ord1nance or any of the master programs,rules or regulat10ns adopted pursuant thereto,shall be gU1lty of a m1sdemeanor,and shall be pun1shed by flne not to exceed Three Hundred Dollars,or by 1mpr1son- ment not to exceed Slxty days,or by both such f1ne and lmpr1sonment. Sectlon 20 Thls Ordlnance shall take effect from and after 1tS passage and f1ve (5)days followlng ltS publ1cat1on as, requ1red by law PASSED by the C1ty Counc11 of the Clty of Marysv11le, Wash1ngton,t.h i s ~day of __--.J<:.:::;>~==--'19...2..i.- CITY OF MARYSVILLE ATTEST BYlt&z~~c£ >May 0 r -4-