Ordinance 3129-09 - Laserfiche WebLink

City of Everett,they are applied here as an essential element of the regulatory structure to address development proposals within shoreline jurisdiction. These regulations apply to all activities and uses in all environmental designations of the Shoreline Master Plan. For the purposes of this Shoreline Master Plan, EMC 19.37,PDI 2-2000, PDI 05-005 and the SEWIP study are the versions in existence on March 21, 2001 unless otherwise noted. The Comprehensive Plan is the version that becomes effective in August 2005. The City's Comprehensive Plan, EMC 19.37, PDI 01-005 and PDI 2-2000 were adopted under the City's general land use authority and police powers. The SEWIP document has not been previously adopted by the City and is incorporated herein as the inventory work that meets the best available science required under RCW 36.70A.172 of the Growth Management Act. In the event the City should subsequently amend these regulations, the City may apply regulations which offer the greatest protection of sensitive shoreline resources even if the regulations are not formally incorporated within the City's Shoreline Master Plan. The City may, at its discretion, submit the amended version(s) of the regulations to the Department of Ecology as an amendment to the Shoreline Master Program consistent with WAC 173.26.190. The plans, regulations, policies and studies incorporated by reference are as follows: • The City's Comprehensive Plan Goals, Objectives and Policies for Critical Areas. These policies provide the basic framework for the protection of sensitive features within the City of Everett and are in compliance with the State's Growth Management Act as well as the Shoreline Management Act. • EMC 19.37 Environmentally Sensitive Areas Ordinance and applicable definitions in EMC 19.04. EMC 19.37 regulates development in sensitive areas including wetlands, streams, rivers, and steep slopes. These regulations prescribe buffers and setbacks, and provide for the protection of"priority species" such as those"Threatened or Endangered" species protected under the Endangered Species Act. • Planning Director's Interpretation 2-2000, (PDI 2-2000) Interim Procedures, Endangered Species Act Listing for Chinook Salmon and Bull Trout, or a subsequent procedure consistent with National Marine Fisheries Service (NMFS) 4d rule. The PDI 2-2000 sets forth a procedure for reviewing projects that emulates the Section 7 consultation procedures practiced by NMFS. PDI 2-2000 requires a biological evaluation to be performed on all projects within shoreline jurisdiction and may require a more detailed biological assessment if circumstances warrant. Projects may be conditioned and or mitigation measures prescribed that exceed those in the City's critical areas ordinance(EMC 19.37). • Planning Director's Interpretation 01-005, (PDI 01-005). Standard Buffer Width Reduction. (Rev. 11/17/05) • The Snohomish Estuary Wetland Integration Plan (SEWIP) including the SEWIP Salmon Overlay published in February 2001. The SEWIP work will serve as the primary inventory information and"Best Available Science" for those areas included in the SEWIP study area. As stated above, these policies and regulations apply to all activities and uses in all environmental designations of the Shoreline Master Plan. Where conflict exists between any of these documents, the most protective of shoreline resources shall apply. This may mean that every parcel is not developable or fully developable as desired by a project proponent. Project 12