Ordinance 3129-09 - Laserfiche WebLink

Although revisions to EMC Title 15 are generally not required to be processed as SMP amendments, any revision to the designation of the type of review process required for shoreline permits in EMC Title 15 shall be processed as shoreline master program amendments. SECTION 4: Section 3.6 of the Shoreline Master Program, Exhibit A to Ordinance No. 2600- 02, as amended, (EMC 19.33D.070) is hereby amended by the addition of the following regulations: 11. Marshland Subarea. a. When flood protection structures in the Marshland Subarea are rebuilt, or undergo major renovation,best available fish passage technology must be incorporated when feasible. b. Relocation of structural flood protection measures in the Marshland Subarea for restoration purposes must be consistent with the Snohomish River Comprehensive Flood Control Management Plan, and coordinated with Snohomish County, the Marshland Flood Control District,the Coordinated Diking Council,Natural Resources Conservation Service, affected utilities and property owners. c. Sufficient protections must be in place to ensure that properties outside the restoration areas continue to be protected from flooding to at least the extent they are protected under pre-restoration conditions. d. Restoration projects must incorporate design features to preserve or improve drainage in areas outside restoration areas. e. Dikes must be designed to ensure they will not impact utility operations or access. Any dikes that would affect access to power lines or liquid petroleum product lines must be constructed to accommodate the expected access needs of the utility owner, including loading generated by typical utility vehicles. Dikes should be designed to withstand water loading to be considered accessible. f. Adequate access to adjacent agricultural fields must be maintained or provided. 12. New flood control structures such as dikes and levees shall dedicate and improve public access pathways unless public access improvements would result in a safety hazard to the public, inherent and unavoidable security problems, or significant ecological impacts. SECTION 5: That portion of Section 3.9 of the Shoreline Master Program, Exhibit A to Ordinance No. 2600-02, as amended by Section 1 of Ordinance 2859-05 (Section II.I of Chapter 3 Shoreline Land Use Element of the Comprehensive Plan),under the heading Incorporation by Reference which currently reads as follows: Incorporation by Reference Consistent with WAC 173-26-190, and in response to the listing of salmon under the federal Endangered Species Act, the City hereby incorporates the following plans, goals,policies and studies into this Shoreline Master Program only insofar as they apply to areas within shoreline jurisdiction. These documents comprise the substance and procedures for regulating development in critical and sensitive areas within the City of Everett including development within the shoreline jurisdiction. While these documents have broader applications within the 11