Agenda - Planning Commission - 08/01/1995

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Page Five THE ZONING REPORT D. Prohibitio_~n again.s~ adverse site preparation activities. Substantial site grading, filling, terrac- ing and excavation shall be prohibited except the minimum required for drainage control and to develop shore yards ~n accordance with the standards of the zoning code. Deposition of excava- tion, grading or clearing material is prohibited within waters except as provided by legal permit. E. Prohibition againstiadverse water development activities. Dead storage of watercraft seaward of the shoreline is prohibited. Dredging to obtain fill or construction material is prohibited. 5. REGULATION OF SITE PREPARATION FOR RESOURCE PROTECTION ALONG SHORELINES A. Site preparation and maintenance. (a). Tr~e cuttil~g, clearing of shrubbery and site grubbing within shore yards is prohibited without a per'nit. It is allowed to within a specified distance of the high water mark of the shoreline of mapped or designated waters. This distance or depth ranges from 25 to 100 ft in zoning codes. Exclusions from this regulation are for home sites, building sites, park sites, access roads, paths and trails, timber and forest harvest and maintenance, tree trimming and removal and replacement of dead and dying trees and shrubs. Forestry/timber harvesting mu~t meet state agency or local clearcutting regulations, typically in zoning codes, 30 ft w!lthin any 100 ft along shorelines in shore yards. (b). Earth grad~ing and movement. An approval is required from a specified public review committee, often the parks and recreation commission or a public waters commission of the locality, as a conditional use under the zoning code, to: construct, alter or enlarge waterways; add, remove or alter boa't slips; dredge waterbeds, clear channels, grade land- ward for tops~il removal, fill, ditch, and cut roads, and for soil/water conservation struc- tures. The conditions of approval must conform to state regulations, if applicable, or meet state agency ~uidelines if appropriate; in some cases, state rules preclude local approval of conditions ~hat exceed state regulations or may require a sign-off by a state agency, often the district office of the state n~tural resources, environmental protection or water agency. (c). _Installatio~ of infrastructure: (1), in highly sensitive coastal areas! such areas usually being designated by a state agency; shore protection structures must be placed or remod- eled as determined by a professional engineer knowledgeable in coastal processes, whose location and design must consider the guidelines of the US Army Corps of Engineers "Shore Protection Manual" and be consistent with the provisions of local development codes; (2), construction of storm drainage and sewer facilities must be provided before construction of new development on lots abutting shorelines or within shoreline zones and buffers; (3), use of bulkheads~ allowed to be constructed on the shoreline, are limited to protection of Upland areas and facilities, not to create land by filling behind them; they shall not extend into a waterbody beyond the ordinary high water mark except for approv- ed land fill completed in a timely manner; the bulkhead shall be designed to minimize t~ansmission of wave energy to other properties and to withstand high wave action in storms; (4), ba~.k stabilization as part of or in lieu of bulkheads shall be of sloping design and rip rap le~,t ungrouted and limited to shorelines in urban development zones; (5), pi- lings and othe~r nondredge and fill techniques shall be used where possible to minimize habitat destruction; and (6), dams and impoundments must be designed or sealed by a pro- fessional engineer with a background in the structural design of dams and impoundments, July 21, 1995 Issue