Brewster City Zoning Code

In fresh waters the fair market value of the dock does not exceed ten thousand dollars, but if subsequent construction having a fair market value exceeding two thousand five hundred dollars occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this chapter;

The activity does not interfere with the normal public use of the surface waters;

The activity will have no significant adverse impact on the environment including but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values;

The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity;

A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions; and

The activity is not subject to the permit requirements of RCW 90.58.550;

The project has been approved in writing by the Department of Fish and Wildlife;

The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to Chapter 77.55 RCW;

The city has determined that the project is substantially consistent with the shoreline section of the comprehensive plan and this chapter. The city shall make such determination in a timely manner and provide it by letter to the project proponent;

Fish habitat enhancement projects that conform to the provisions of RCW 77.55.181 are determined to be consistent with local shoreline goals, policies and regulations, as follows:

Fish habitat enhancement projects meeting the criteria of subsection (B)(16)(d)(i) of this section are expected to result in beneficial impacts to the environment. Decisions pertaining to fish habitat enhancement projects meeting the criteria of subsection (B)(16)(d)(i) of this section and being reviewed and approved according to the provisions of this section are not subject to the requirements of RCW 43.21C.030(2)(c);

A hydraulic project approval permit is required for projects that meet the criteria of this subsection and are being reviewed and approved under this section. An applicant shall use a joint aquatic resource permit application form developed by the Office of Regulatory Assistance to apply for approval under this chapter. On the same day, the applicant shall provide copies of the completed application form to the Department of Fish and Wildlife and to the city. The city shall accept the application as notice of the proposed project. The Department of Fish and Wildlife shall provide a fifteen-day comment period during which it will receive comments regarding environmental impacts. Within forty-five days, the Department shall either issue a permit, with or without conditions, deny approval, or make a determination that the review and approval process created by this section is not appropriate for the proposed project. The Department shall base this determination on identification during the comment period of adverse impacts that cannot be mitigated by the conditioning of a permit. If the Department determines that the review and approval process created by this section is not appropriate for the proposed project, the Department shall notify the applicant and the appropriate local governments of its determination. The applicant may reapply for approval of the project under other review and approval processes.

The city may require permits or charge fees for fish habitat enhancement projects that meet the criteria of subsection (B)(16)(d)(i) of this section and that are reviewed and approved according to the provisions of this section.

That the proposed use is consistent with the policies of RCW 90.58.020 and the city shoreline master program;

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 is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and this chapter;

That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and

That the public interest suffers no substantial detrimental effect.

Solid and liquid wastes, untreated effluents, oil, chemicals, and other hazardous materials shall not be allowed to enter any body of water or to be discharged onto land. Equipment for the transportation, storage, handling, or application of such materials shall be maintained in a safe and leak-proof condition. If there is evidence of leakage, the further use of such equipment shall be suspended until the deficiency has been satisfactorily corrected.

All shoreline uses and activities in all shoreline designations, both during construction and for the life of the project, shall use stormwater best management practices to minimize any increase in surface water runoff and to control, treat, and release surface water runoff so that receiving water quality and shoreline ecological functions are not adversely affected. Such measures may include but are not limited to low impact development, dikes, catch basins, settling ponds, oil/water separators, grassy swales, interceptor drains, and landscaped buffers. All measures shall be adequately maintained to insure proper functioning over time. The Stormwater Management Manual for Eastern Washington (Washington Department of Ecology Publication 04-10-076, as amended) shall provide the preferred guidance for surface water runoff best management practices.

A grading permit issued by the city shall be required in the following situations:

An increase of up to twenty-five percent cleared and graded area may be permitted through the submittal of a critical areas report and mitigation plan that demonstrate the grading and clearing will not impact the shoreline ecological function or value.

Proposed use of the fill area.

Physical characteristics, such as chemical and biological composition if appropriate, depending on where it is to be placed or will be subject to inundation.

Source of the fill material.

Method of placement and compaction.

Location of fill relative to existing drainage patterns and wetlands.

Location of the fill perimeter relative to the ordinary high water mark.

Perimeter erosion control or stabilization measures.

Type of surfacing and runoff control devices.

Water-dependent use.

Public access.

Clean-up and disposal of contaminated sediments as part of an interagency environmental clean-up plan.

Disposal of dredged material considered suitable under and conducted in accordance with the dredged material management program of the Department of Natural Resources.

Expansion or alteration of transportation facilities of state-wide significance currently located on the shoreline and then only upon a demonstration that alternatives to fill are not feasible, mitigation action, environmental restoration, beach nourishment or enhancement project.

Fill in wetlands must comply with the wetlands provisions of this chapter and shall result in no net loss of wetland area in functions including lost time when the wetland does not perform the function and is subject to mitigation in this chapter.

Result in significant damage to water quality or fish and wildlife habitat;

Adversely affect natural drainage and circulation patterns or significantly reduce flood water capacities;

Affect slope stability; or

Otherwise damage shoreline or aquatic resources.

Zone 1—Vegetation Buffer. The area one-half the distance of the setback (setbacks are listed in Section 17.46.060 Table 2) in all shoreline areas is designated as a vegetation buffer. The vegetation buffer serves as restrictive protection zone for all shoreline functions and values in general and fish and wildlife habitat specifically. In these areas, existing native vegetation or vegetation from the recommended list (Comprehensive Plan Shoreline Element Appendix B) must be maintained and protected, except as provided for in public access—view corridor provisions (Section 17.46.070(N)) and general regulations (this section), and clearing and grading (subsection B of this section).

Zone 2—Use Buffer. The area between the Zone 1 vegetation buffer and setback line (setbacks are listed in Section 17.46.060 Table 2) in all shoreline areas is designated as Zone 2 use buffer. In these areas, removal of existing native vegetation shall be limited as provided in Section 17.46.060 Table 1 and uses limited to low intensity recreation, agricultural, accessory residential uses and accessory water-dependent and accessory water-related commercial uses.

All setbacks and Zone 1 vegetation buffers[2] shall be measured on a horizontal plane from the ordinary high water mark (OHWM) unless otherwise noted in Section 17.46.060 Table 2.

Zone 2 use buffers shall be measured on a horizontal plane from the landward side of the vegetation buffer.

Use of Parallel Shoreline Designations. Parallel shoreline designations have been used throughout most of the community where the waterfront property is owned by the Douglas County Public Utility District. These areas are designated as urban conservancy with the intent of providing maximum protection to the immediate waterfront[3]. Where parallel shoreline designations have been applied in shoreline jurisdiction, the landward (higher intensity) shoreline designation's Zone 1 vegetation buffer shall be a minimum of fifteen feet on a horizontal plane from the OHWM or the landward edge of the urban conservancy designation, whichever is greater. The Zone 2 use buffer is measured on a horizontal plane from the landward edge of required Zone 1 vegetation buffer. Where the urban conservancy designation extends landward beyond the required Zone 2 use buffer, the landward edge of the urban conservancy designation shall be the extent of the Zone 2 use buffer.

All nonwetland buffers shall be measured on a horizontal plane from the ordinary high water mark.

Standard shoreline setbacks and/or Zone 1 or 2 buffers and/or lot coverage may be reduced by using procedures set forth in subsections (D)(3)(b) and (c) of this section. Lot coverage may be increased by using subsection (D)(3)(d) of this section, Administrative Lot Coverage Increase.

Administrative Buffer Width Averaging. The total required shoreline buffer (Zone 1 plus Zone 2) width may be modified by the administrator for existing lots of record in place at the time of adoption of this program by averaging buffer widths based on a critical areas report and mitigation management plan prepared by a qualified professional and submitted by the applicant. A SEPA document may also be required depending on SEPA requirements found in Chapter 197-11 WAC and Title 14 Brewster Municipal Code. Buffer width averaging shall only be allowed where the applicant demonstrates all of the following:

Administrative Buffer Reduction. The administrator shall have the authority to reduce buffer widths established in Section 17.46.060 Table 2 on a case-by-case basis; provided, that the general standards for avoidance and minimization in Section 19.02.025 shall apply, based on a critical areas report, mitigation management plan and SEPA document prepared by a qualified professional and submitted by the applicant, and when the applicant demonstrates to the satisfaction of the administrator that all of the following criteria have been met:

Administrative Lot Coverage Increase. The administrator shall have the authority to increase the lot coverage allowance in Section 17.46.060 Table 2 on a case-by-case basis; provided, that the general standards for avoidance and minimization in Section 19.02.025 shall apply, and when the applicant demonstrates to the satisfaction of the administrator that all of the following criteria have been met:

Activities Exempt from Nonwetland Buffers and Setbacks. The following development activities are not subject to buffers and setbacks; provided, that they are constructed and maintained in a manner that minimizes adverse impacts on shoreline ecological functions, these exceptions do not eliminate the proponent's need to apply mitigation sequencing or the need to provide mitigation for development's impacts; and provided further, that they comply with all the applicable regulations herein:

Nonwetland Buffer Exemption Criteria. As determined by the administrator, for development proposed on sites separated from the shoreline by intervening and lawfully created public roads, railroads, or an intervening parcel under separate ownership (e.g., Douglas County PUD), the requirements of this code for a vegetation buffer may be waived. For the purposes of this section, the intervening lots/parcels, roads, or other substantial improvements shall be found to:

Nonagricultural land[1] converted to an agricultural use shall preserve preexisting riparian habitat and will have a buffer strip of native vegetation no less than the Zone 1 vegetation buffer setback for the shoreline designation where it is located. Said buffer will be established and maintained along shorelines to protect shoreline ecological functions. Disturbance of ground in Zone 2 of the use buffer is subject to lot coverage standards (see Section 17.46.060 Table 2).

Uses and activities shall be consistent with regulations specific to the shoreline designation and critical area (if applicable) in which the site is located, including regulations in Section 17.46.060 Tables 1 and 2 and Sections 17.46.060(A) and (E).

Nothing in this section limits or changes the terms of the current exception to the definition of "substantial development." A substantial development permit shall be required for all agricultural development not specifically exempted by the provisions of RCW 90.58.030(3)(a)(vi), as it now exists or hereinafter amended.

Notification of DAHP or CCT and, if required, preparation of an evaluation and a report meeting the minimum reporting standards of the DAHP or Colville (as appropriate). Such a report shall be prepared by a cultural resource management professional who meets the qualification standards promulgated by the National Park Service and published in 36 CFR Part 61, and shall be required before the start of any ground disturbance work in any area known to contain archaeological, cultural, or historic resources, regardless of whether a shoreline permit or exemption is required.

Upon receipt of application for a shoreline permit or request for a statement of exemption for development on properties within two hundred feet of a site known to contain an historic, cultural or archaeological resource(s), the local government with jurisdiction shall require an evaluation and a report meeting the minimum reporting standards of the DAHP, and Colville (as appropriate), prepared by a cultural resource management professional who meets the qualification standards promulgated by the National Park Service and published in 36 CFR Part 61; provided, that the provisions of this section may be waived if the administrator determines that the proposed development activities do not include any ground disturbing activities and will not impact a known historic, cultural or archaeological site.

The fee for the services of the cultural resource management professional shall be paid by the applicant. The applicant shall submit a minimum of five copies of the site assessment (or electronic equivalent) to the administrator for distribution to the applicable parties for review.

The date of application, the date of notice of completion of the application, and the date of the notification;

A site map including the street address, tax parcel number, township, range, and section of the proposed project area;

A description of the proposed project action and a list of the project permits included in the application, and, if applicable, a list of any studies requested by the local government with jurisdiction;

The identification of other permits not included in the application, to the extent known by the local government with jurisdiction;

The identification of existing environmental documents that evaluate the proposed project and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;

Any other information determined appropriate by the local government with jurisdiction;

A statement indicating those development regulations that will be used for project mitigation or a determination of consistency, if they have been identified at the time of notice;

A statement of the limits of the comment period and the right of each agency to comment on the application within a thirty-day time period, request a copy of the decision once made, and appeal a decision when allowed by law.

In granting shoreline permits or statements of exemption for development on properties within five hundred feet of a site known to contain an historic, cultural or archaeological resource(s), the local government with jurisdiction may attach conditions to provide sufficient time and/or conditions for consultation with the DAHP, the CCT, and any affected Indian or First Nations tribes or bands, and to ensure that historic, cultural, and archaeological resources are properly protected, or for appropriate agencies to contact property owners regarding purchase or other long-term arrangements. Provision for the protection and preservation of historic, cultural, and archaeological sites shall be incorporated to the maximum extent practicable. Permit or other requirements administered by the DAHP pursuant to Chapter 27.44 RCW and Chapter 27.53 RCW may apply in addition to the provisions of this chapter.

All shoreline permits shall contain provisions requiring that, whenever historic, cultural or archaeological sites or artifacts are discovered in the process of development in shoreline areas, all work on that portion of the development site shall be stopped immediately, the site secured, and the find reported as soon as possible to the DAHP and administrator.

Upon notification of such find, the property owner shall notify the DAHP, the History and Archaeology Department of the CCT, and any Indian or First Nations tribes or bands known to be affected. Notification to agencies shall include the information specified for notification under subsection (D)(3) of this section, Known or Suspected Historic, Cultural, and Archaeological Sites.

Upon notification of such find, the administrator shall conduct a site investigation to determine the significance of the discovery. Based upon the findings of the site investigation and consultation with the parties listed above, the administrator may require that an immediate evaluation be conducted or may allow stopped work to resume. The evaluation shall meet the minimum reporting standards of the DAHP and shall be conducted by a cultural resource management professional who meets the qualification standards promulgated by the National Park Service and published in 36 CFR Part 61, to determine the presence of significant historic, cultural, or archaeological resources. The fee for the services of the cultural resource management professional shall be paid by the landowner or responsible party. The applicant shall submit a minimum of five copies of the evaluation and accompanying report to the administrator for distribution to the applicable parties for review.

If an evaluation is required, the area of inadvertent discovery shall be stabilized, contained or otherwise protected until the evaluation is completed. The evaluation shall be distributed to the DAHP, the History and Archaeology Department of the CCT, and any Indian or First Nations tribes or bands known to be affected for a thirty-day review period or, in the case of inadvertent discovery of human remains, a thirty-day review period to determine the significance of the discovery. If the above listed agencies or governments have determined that the site is not significant, or if the above listed agencies or governments have failed to respond within the applicable review period following receipt of the site assessment, stopped work may resume.

Upon receipt of a positive determination of a site's significance, the administrator may invoke the provisions for known sites, above, for a cultural resource management plan.

Marina—Specific Regulations.

Docks and Moorage—Specific Regulations.

Float—Specific Regulations.

Water-dependent uses;

Water-related uses;

Water-enjoyment uses; and

Non-water-oriented uses.

Consistency with local comprehensive plan and zoning;

Specific nature of the commercial activity;

Need for shoreline frontage; determination if use qualifies as water-dependent, water-related or water-enjoyment;

Provisions for public visual and/or physical access to the shoreline;

Provisions to ensure that the development will not result in loss of shoreline functions including conditions for ecological restoration;

Measures for enhancing the relationship of the use to the shoreline, including aesthetics and landscaping; and

The Shoreline Inventory and Characterization (Comprehensive Plan Shoreline Element Appendix A) and accompanying maps.

The use entails the reuse of an existing structure or developed area;

The subject property is designated and zoned for commercial development in the city's comprehensive plan and zoning code;

The use is part of a mixed use project that includes water-dependent uses and provides a significant public benefit with respect to the Shoreline Management Act's objectives such as providing public access and ecological restoration; or

The commercial use provides a significant public benefit with respect to the Shoreline Management Act's objectives such as providing public access and ecological restoration.

In areas designated or zoned for commercial use, non-water-oriented commercial development may be allowed if the site is physically separated from the water by property under separate ownership (e.g., Douglas PUD) or public right-of-way.

To protect human life and health;

To minimize expenditure of public money and costly flood control projects;

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

To minimize prolonged business interruptions;

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

To ensure that potential buyers are notified that property is in an area of special flood hazard;

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

Controlling filling, grading, dredging, and other development which may increase flood damage; and

Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters or may increase flood hazards in other areas.

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

Development in floodplains should not significantly or cumulatively increase flood hazards or be inconsistent with comprehensive flood hazard management plans adopted pursuant to Chapter 86.12 RCW.

New development or new uses in shoreline jurisdiction, including the subdivision of land, should not be permitted when it would be reasonably foreseeable that the development or use would require structural flood hazard reduction measures within the channel migration zone or floodway.

The following uses and activities may be appropriate and/or necessary within the channel migration zone or floodway:

Allow new structural flood hazard reduction measures in shoreline jurisdiction only when it can be demonstrated by a scientific and engineering analysis that they are necessary to protect existing development; that nonstructural measures are not feasible; that impacts on ecological functions and priority species and habitats can be successfully mitigated so as to assure no net loss; and that appropriate vegetation conservation actions are undertaken consistent with this chapter, and WAC 173-26-221(5).

Structural flood hazard reduction measures shall be consistent with adopted comprehensive flood hazard management plans approved by the Department of Ecology.

Place new structural flood hazard reduction measures landward of the associated wetlands, and designated vegetation conservation areas, except for actions that increase ecological functions, such as wetland restoration; provided, that such flood hazard reduction projects be authorized if it is determined that no other alternative to reduce flood hazard to existing development is feasible. The need for, and analysis of feasible alternatives to, structural improvements shall be documented through a geotechnical analysis.

Require that new structural public flood hazard reduction measures, such as dikes and levees, dedicate and improve public access pathways unless public access improvements would cause unavoidable health or safety hazards to the public, inherent and unavoidable security problems, unacceptable and unmitigated significant ecological impacts, unavoidable conflict with the proposed use, or cost that is disproportionate and unreasonable to the total long-term cost of the development.

Require that the removal of gravel for flood management purposes be consistent with an adopted flood hazard reduction plan and with the provisions of Chapter 173-26 WAC, subsection I of this section, Dredging and Dredge Material Disposal, and subsection K of this section, Mining Uses and Activities; and be allowed only after a biological and geomorphological study shows that extraction has a long-term benefit to flood hazard reduction, does not result in a net loss of ecological functions, and is part of a comprehensive flood management solution.

Dredging volumes, methods, schedules, frequency, hours of operation, and procedures.

Analysis of material to be dredged in compliance with Model Toxics Control Act.

Method of disposal, including the location, size, capacity, and physical characteristics of the disposal site, transportation methods and routes, hours of operation, and schedule.

Stability of bedlands adjacent to the proposed dredging site.

Stability of geologically hazardous areas in the vicinity of the proposed dredging site.

Assessment of water quality impacts.

Habitat assessment meeting the standards prescribed for fish and wildlife habitat conservation areas in critical areas regulations contained in this chapter, including migratory, seasonal, spawning, migration, wetland and riparian use areas.

Result in significant and/or ongoing damage to water quality, fish, or other biological elements;

Adversely alter natural drainage and circulation patterns, or significantly reduce flood storage capacities;

Affect slope stability; or

Otherwise damage shoreline or aquatic resources.

It has been proven that the development cannot be sited elsewhere and has been designed to avoid and minimize new and maintenance dredging (WAC 173-26-231(3)(f)), and consultation with the Department of Natural Resources has identified the availability of state-owned aquatic lands;

For navigation or existing navigational access;

In conjunction with a conforming allowed water-dependent use of water bodies or adjacent shorelands;

As part of a habitat management plan that has been approved by the city, and has been accepted by the Washington Department of Fish and Wildlife or other agency with jurisdiction;

To improve water quality;

For mineral prospecting and placer mining as provided in subsection K of this section, Mining Uses and Activities;

In conjunction with a bridge or a navigational channel, basin, or structure for which there is a documented public need and where other feasible sites or routes do not exist; or

To improve water flow and/or manage flooding only when consistent with an approved flood and/or stormwater comprehensive management plan in conjunction with a habitat mitigation management plan.

For wildlife habitat improvement.

To correct problems of material distribution adversely affecting fish resources.

For permitted enhancement of beaches that provide public access, where it has been conclusively demonstrated that no net loss of shoreline ecological functions will result, or for public safety.

Erosion from the disposal site is minimized. Erosion of the dredged material shall not smother emergent vegetation or other shallow productive areas.

To the extent possible, the volume of dredged material and frequency of disposal maintain a stable beach profile. Dredged material shall be graded as a uniform slope and contoured to reduce cove and peninsula formation and to preclude stranding of juvenile fish.

Water-dependent uses;

Water-related uses;

Water-enjoyment uses; and

Non-water-oriented uses.

The use entails reuse of an existing structure or existing developed site;

The use is part of a mixed use project that includes water-dependent uses and provides a significant public benefit with respect to the Shoreline Management Act's objectives such as providing public access and ecological restoration; or

Navigability is severely limited at the proposed site; and the industrial use provides a significant public benefit with respect to the Shoreline Management Act's objectives such as providing public access and ecological restoration.

In areas designated or zoned for industrial use, non-water-oriented industrial uses may be allowed if the site is physically separated from the shoreline by another property or public right-of-way.

Consistency with local comprehensive plans and zoning;

Specific nature of the industrial activity;

Need for shoreline frontage;

Provisions for public visual and/or physical access to the shoreline;

Provisions to ensure that the development will not result in loss of shoreline functions or reduction in shoreline values;

Measures for enhancing the relationship of the use to the shoreline, including aesthetics and landscaping; and

The Shoreline Inventory and Characterization (Comprehensive Plan Shoreline Element Appendix A) and accompanying maps.

Specific nature of the proposed activity;

Need for shoreline location, including minimizing portion of use within shoreline jurisdictions;

Other locations considered and the reasons for choosing a shoreline site;

Provisions for public visual and/or physical access to the shoreline;

Provisions to ensure that the development will not result in loss of shoreline functions or reduction in shoreline values;

Measures for enhancing the relationship of the use to the shoreline, including aesthetics and landscaping; and

The Shoreline Inventory and Characterization (Comprehensive Plan Shoreline Element Appendix A) and maps developed as part of this chapter.

For the purpose of this chapter, the city of Brewster comprehensive plan and Douglas PUD land use policies and recreational plans shall be considered the official public access plans. Additional recreation plans approved by the city council may be used to supplement public access provisions of the comprehensive plan for this chapter, provided said plans are not in conflict with the regulations herein.

Development, uses, and activities shall be designed and operated to avoid unnecessarily impairing or detracting from the public's physical or visual access to the water and shorelines.

Public access sites shall be dedicated to a public or nonprofit entity unless a formal homeowner's association or other legal entity exists or will be established to ensure the long-term viability of the access.

Provisions for public or community access to the shoreline shall be incorporated into the shoreline development proposal for any action requiring such access unless the applicant demonstrates that such access is infeasible because at least one of the following provisions applies:

View corridors shall comply with provisions for vegetation management and buffer requirements for the shoreline designation for the project site. View corridors shall be allowed up to the percentage listed in Section 17.46.060 Table 2 but limited to a width of thirty feet for every one hundred linear feet of shoreline; in no case shall a view corridor be approved that will result in a view corridor greater than thirty feet in width paralleling the shoreline.

View corridors may be allowed, subject to the provisions of this section, to provide the general public and property owners with opportunities for visual access to water bodies associated with shoreline lots.

Vegetation removal that would be likely to result in significant soil erosion or the need for structural shoreline stabilization measures is prohibited.

Prior to removing vegetation for a view corridor, the owner of the shoreline parcel on which vegetation alterations are proposed must submit:

In creating a view corridor, removal of vegetation shall be limited to the minimum necessary to preserve or enhance views. In no case shall the view corridor exceed the provisions found in Section 17.46.060 Table 2.

Trimming and removal of trees to provide or enhance visual access shall be limited to the requirements found in this section and Section 17.46.060 Table 2 as well as shoreline modification standards found in Sections 17.46.060(B), (C) and (E) and subsections F, I and S of this section.

Removal of diseased, damaged or stressed trees for the purpose of forest stewardship and conservation, property protection, or fire safety is subject to approval through a shoreline exemption.

The location, design and operation of shoreline recreational developments shall be primarily related to access, enjoyment and use of the water and shorelines of the state, consistent with the comprehensive plan and recreation plan of the local government with jurisdiction. All such uses shall not result in a net loss of shoreline function.

Commercial recreational development shall comply with the provisions for commercial development in subsection G of this section, Commercial Uses and Activities.

Substantial accessory use facilities, such as rest rooms, recreation halls and gymnasiums, commercial services, access roads, and parking areas shall be set back from the ordinary high water mark as specified in the development standards table (Section 17.46.060 Table 2), unless it can be shown that such facilities are water-dependent and the planned location will not adversely affect shoreline functions. Such facilities may be linked to the shoreline by walkways.

Shoreline recreational developments shall maintain, and, when feasible, enhance or restore desirable shoreline features including those that contribute to shoreline ecological functions and processes, scenic vistas, and aesthetic values. Removal of healthy native vegetation to enhance views shall be allowed only in compliance under Section 17.46.060(E) and subsection N of this section.

Recreational uses shall be designed to complement their environment and surrounding land and water uses.

No recreational buildings or structures shall be built over water, other than water-dependent and/or public access structures such as piers, docks, bridges, boardwalks, or viewing platforms.

Each development proposal shall include a landscape plan that uses native or native compatible self-sustaining vegetation. Removal of on-site native vegetation shall be limited to the minimum necessary for the permitted development or structures.

For recreational uses such as golf courses or parklands that require the use of fertilizers, pesticides, or other chemicals, the applicant shall specify the methods that will be used to ensure that the use complies with all provisions of this master program, including preventing the chemicals from entering adjacent water bodies or wetlands. Chemical-free buffer strips may be required at the discretion of the administrator.

Recreational uses shall provide facilities for nonmotorized access to the shoreline, such as pedestrian and bicycle paths, where those facilities will not result in loss of shoreline ecological functions.

Recreational uses shall include adequate provisions for water supply, sewage, garbage disposal, and fire protection.

Recreational development shall include adequate provisions, such as screening, buffer strips, fences, and signs, to buffer adjacent private property and natural areas and protect the value and enjoyment of those sites.

Trails and paths on steep slopes shall be located, designed, and maintained to protect bank stability.

Recreational uses shall be consistent with local comprehensive plan provisions and zoning regulations and required buffer and use setbacks in Section 17.46.060(D) and critical area protection regulations contained herein.

Nonmotorized recreation trails shall be allowed in the Zone 2 buffer provided they are consistent with the local comprehensive plan and zoning regulations and the regulations contained herein, including standards below. Nonmotorized, nonimpervious surface trails no greater than the minimum width required by state and/or federal statute for the type of facility (e.g., ADA requirements) to provide shoreline access may be allowed in the Zone 1 buffer through the submittal of a vegetation planting plan, mitigation management plan and compliance with mitigation sequencing standards found in Section 17.30.090, subject to the following minimum standards:

No recreational uses are allowed that require fill.

All driveways and parking areas;

Wildfire defensible space;

Building footprint(s);

Water access pathway location and width, not to exceed five feet;

View access corridor, if applies;

Location of storage and staging of materials and equipment during construction;

Location of well and septic systems, if applicable;

Location of public access, joint use or community recreational facilities; and

Location of accessory utilities.

Plats and subdivisions as regulated elsewhere in this chapter must be designed, configured and developed in a manner that assures that no net loss of ecological functions results from the plat or subdivision at full build-out of all lots.

Plats and subdivisions as regulated elsewhere in this chapter must be designed, configured and developed in a manner that assures that no need for new shoreline stabilization or flood hazard reduction measures that would cause significant impacts to other properties or public improvements or a net loss of shoreline ecological functions. Such review shall require using geotechnical analysis of the site and shoreline characteristics when development is to occur in known or suspected geologically hazardous areas (see Map VII-6 in the Map Appendix to the Brewster comprehensive plan). New development on steep slopes or bluffs shall be set back sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the life of the structure, as demonstrated by a geotechnical analysis. New development that would require shoreline stabilization which causes significant impacts to adjacent or down-current properties and shoreline areas shall not be allowed.

Plats and subdivisions as regulated elsewhere in this chapter must be designed and configured such that a buildable area is available on each lot in conformance with comprehensive plan as well as required shoreline and critical area buffer/setbacks, unless a specific, unbuildable lot is being created as a shoreline open space/conservancy lot and is so noted on the face of the plat as filed and recorded.

New or enlarged structural shoreline stabilization measures for an existing primary structure, including residences, should not be allowed unless there is conclusive evidence, documented by a geotechnical analysis, that the structure is in danger from shoreline erosion caused by tidal action, currents, or waves. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need. The geotechnical analysis should evaluate on-site drainage issues and address drainage problems away from the shoreline edge before considering structural shoreline stabilization.

The erosion control structure will not result in a net loss of shoreline ecological functions.

The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage.

Nonstructural measures, such as placing the development further from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient.

The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report.

The erosion control structure will not result in a net loss of shoreline ecological functions.

Nonstructural measures, planting vegetation or installing on-site drainage improvements are not feasible or not sufficient;

The erosion control structure will not result in a net loss of shoreline ecological functions.

The replacement structure should be designed, located, sized, and constructed to assure no net loss of ecological functions.

Replacement walls or bulkheads shall not encroach waterward of the ordinary high water mark or existing structure unless the residence was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. In such cases, the replacement structure shall abut the existing shoreline stabilization structure.

Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the ordinary high water mark.

For purposes of this section, standards on shoreline stabilization measures, "replacement" means the construction of a new structure to perform a shoreline stabilization function of an existing structure which can no longer adequately serve its purpose. Additions to or increases in size of existing shoreline stabilization measures shall be considered new structures.

Plan, locate, and design proposed transportation and parking facilities where routes will have the least possible adverse effect on unique or fragile shoreline features, will not result in a net loss of shoreline ecological functions or adversely impact existing or planned water-dependent uses.

Transportation and parking plans and projects shall be consistent with the master program public access policies, public access plan, and environmental protection provisions.

Circulation system planning shall include integrated corridors for pedestrian, bicycle, and public transportation where appropriate. Circulation planning and projects should support existing and proposed shoreline uses that are consistent with the master program.

Transportation and circulation systems shall be applied for at same time the primary development permit is being applied for, complying with lot clearing and impervious surface standards found in Section 17.46.060 Table 2.

On a site immediately adjoining a critical area;

Within a distance equal to or less than the required critical area buffer width and/or building setback, whichever is greater;

Within a distance equal to or less than one-half mile (two thousand six hundred forty feet) from a bald eagle nest;

Within a distance equal to or less than two hundred feet upland from a stream, wetland, or water body;

Within a floodway, floodplain, or channel migration zone; or

Within two hundred feet from a critical aquifer recharge area.

The presence of any known critical areas on or within one hundred feet of property that is the subject of a development permit shall be identified by the applicant in the application materials submitted to the city.

In carrying out any of the provisions of this section, the city may utilize any available technical resources, with any associated costs being paid for by the applicant, including experts/professionals in a particular field, and maps and/or documents including without limitation the following: