011-17 - Ordinance - Amendments to 2013 Shoreline Master ProgramORDINANCE NO.011-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ACCEPTING REVISIONS REQUESTED BY THE WASHINGTON STATE
DEPARTMENT OF ECOLOGY TO THE CITY'S AMENDMENTS TO
CHAPTER 7.10 OF THE CITY'S 2013 SHORELINE MASTER
PROGRAM, WHICH IS CODIFIED UNDER POMC 18.30.010;
PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on March 26, 2013, the Port Orchard City Council ("City Council")
approved Ordinance 005-13, which adopted the City of Port Orchard's (the "City's") 2013
Shoreline Master Program, which is codified under Chapter 18.30 of the Port Orchard
Municipal Code; and
WHEREAS, on October 11, 2016, the City approved Ordinance No. 032-16, which
adopted updates to the 2013 Shoreline Master Program to address redevelopment of
shoreline properties and to make certain clarifications and corrections; and
WHEREAS, during the Washington State Department of Ecology's public comment
period on the City's amendments to the Shoreline Master Program, which is required by
WAC 173-26-120, and which took place January 3 through February 2, 2017, the
Washington State Department of Natural Resources proposed additional, clarifying
language to the City's amendment to Chapter 7.10 of the Shoreline Master Program
("Moorage: Docks, Piers and Mooring Buoys"), and the Department of Ecology requested
that the City incorporate this language into its Shoreline Master Program amendments;
and
WHEREAS, the City has, pursuant to WAC 173-26-120(7)(b) agreed to incorporate
the Department of Natural Resources' proposed language; and
WHEREAS, pursuant to WAC 173-26-120(7)(b)(i), the City has provided the
Department of Ecology with written notice of its agreement to the proposed revisions,
the receipt of which notice constitutes final action by the Department of Ecology
approving the City's amendments, and the date of the receipt of such notice is the
effective date of the approved Shoreline Master Program amendments; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Ordinance No. 011-17
Page 2 of 3
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Section 7.10 of Chapter 7, "Shoreline Development Standards and Use
Regulations" of the Shoreline Master Program adopted by Ordinance No. 005-13 is hereby
amended to read as follows; all other provisions of this chapter shall remain unchanged and in
full force and effect:
7.10 Moorage: Docks, Piers and Mooring Buoys
Development Standards for New Piers and Docks
Docks, piers, and floats should be designed, located and operated to minimize
interference with adjacent water uses and impacts to fish, shellfish and habitat.
The maximum length, width and surface area of a pier or dock should be
consistent with the requirements of WAC 220-660-380 or its successor, and should
be the minimum necessary to accomplish moorage and shore access based on
site -specific circumstances as determined by a marine engineer, as well as
potential impacts and mitigation requirements. Ells are not permitted on single-
family residential docks, piers or floats. Unless otherwise recommended by the
Department of Ecology and/or Department of Fish and Wildlife based on site -
specific review, all decking, and floats 6 feet or less in width shall include a
minimum of thirty percent (30%) functional grating, floats greater than 6 feet in
width shall have a minimum of fifty percent (50%) functional grating, and ramps
shall be fully grated. Functional grating shall not be covered or used as a storage
area, and must be maintained in a condition free of algae, mud or debris that may
impede light transmission. If docks, piers and/or floats are located on state-owned
aquatic lands, consultation with the Department of Natural Resources will be
required to assess applicability of conservation measures.
The diameter of piles shall be the minimum required for the purpose based on
site -specific circumstances as determined by a marine engineer. New or
replaced piles or structural members of a pile in direct contact with the water
shall be constructed of concrete or steel in accordance with current best
management practices and shall not be treated or coated with herbicides,
fungicides or pentachlorophenol. Existing piles may be maintained or
reinforced with pile wrapping composed of marine grade materials. No
creosote, pentachlorophenol, CCA or comparable toxic compounds not
approved for marine use shall be used for any portion of the overwater or in -
water structure of a new or replacement pile, or a pile wrapping. ACZA treated
wood may be used for overwater pile structures as long as it meets the most
recent Post Treatment Procedures established as best management practices
Ordinance No. 011-17
Page 3 of 3
by the American Wood Preservers' Association and Western Wood Preservers
Institute.
SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 5. Publication. A summary of this ordinance in the form of the ordinance title
may be published in lieu of publishing the ordinance in its entirety.
SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and effect
five (5) days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 28th day of March 2017.
ATTEST:
i
Brandy inearson, CIVIC, City Clerk
APPROVED AS TO FORM:
'Cify Attorney
PUBLISHED: April 7, 2017
EFFECTIVE DATE: April 12. 2017
Robert Putaansuu, Mayor
SPONSOR:
Bek Ashby, Councilmember
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held March 28, 2017.
ORDINANCE NO. 011-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ACCEPTING REVISIONS REQUESTED BY THE WASHINGTON STATE
DEPARTMENT OF ECOLOGY TO THE CITY'S AMENDMENTS TO
CHAPTER 7.10 OF THE CITY'S 2013 SHORELINE MASTER
PROGRAM, WHICH IS CODIFIED UNDER POMC 18.30.010;
PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 011-17 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 011-17 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, April 7, 2017