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(1) Nonwater-oriented utility production and processing facilities and transmission facilities are permitted in shoreline jurisdiction only if no practical upland alternative or location exists. New primary utility production and processing facilities or parts of those facilities, such as power plants, solid waste storage, or disposal facilities that are nonwater-oriented, should not be permitted within shoreline jurisdiction unless no other options are feasible.

(2) The principal uses permitted by this section include sewage collection, holding, transfer and treatment pipelines, tanks, structures, containment facilities, and buildings. Water diversion, treatment and conveyance facilities are also considered principal uses. Accessory facilities are also permitted, including, but not limited to:

(a) Plant monitoring and control facilities and on-site administrative offices;

(b) Plant access and logistical facilities, such as storage areas and material handling ramps and facilities, including utility delivery (electrical and communication) facilities;

(c) Plant security and safety features, such as fences and signage; and

(d) Other accessory or auxiliary uses or features, necessary to effective and efficient operation of the plant, which cannot feasibly be located outside the shoreline jurisdiction.

(3) Expansion of existing primary utility facilities within shoreline jurisdiction must demonstrate:

(a) The expansion is designed to protect adjacent shorelands from erosion, pollution, or other environmentally detrimental factors during and after construction.

(b) The project is planned to fit existing natural topography as much as practical and avoid alteration of the existing natural environment.

(c) Debris, overburden, and other construction waste materials shall be disposed of so as to prevent erosion or pollution of a water body.

(4) New primary utility facilities and expansions shall include provisions to control the quantity and quality of surface water runoff to natural water bodies, using BMPs to retain natural flow rates. A maintenance program to ensure continued proper functioning of such new facilities shall be required.

(5) Applications for installation of utility facilities other than water-dependent facilities within the high intensity environment designation shall include the following:

(a) Reason why the utility facility must be in shoreline jurisdiction;

(b) Alternative locations considered and reasons for their elimination;

(c) Location of the same, similar, or other utility facilities in the vicinity of the proposed project;

(d) Proposed method(s) of construction;

(e) Plans for reclamation of areas to be disturbed during construction;

(f) Landscape plans;

(g) Methods to achieve no net loss of ecological function and minimize clearing of native vegetation; and

(h) Consistency with the City’s plans for utilities, where such plans exist.

(6) Applications for installation of utility facilities shall include the following:

(a) Proposed method(s) of construction;

(b) Plans for reclamation of areas to be disturbed during construction;

(c) Landscape plans; and

(d) Methods to achieve no net loss of ecological function and minimize clearing of native vegetation.

(7) Where feasible, utilities shall be consolidated within a single easement and utilize existing rights-of-way. Any utility located within property owned by the utility, which must of necessity cross shoreline jurisdiction, shall be designed and operated to reserve the option of general public recreational usage of the right-of-way in the future. This option shall be exercised by the public only where:

(a) The public will not be exposed to dangers from the utility equipment; and

(b) The utility itself will not be subjected to unusual risks of damage by the public.

(8) In areas where utilities must cross shoreline jurisdiction, they shall do so by the most direct route feasible, unless such a route would negatively affect an environmentally critical area, obstruct public access to the shoreline, or interfere with the navigability of a water body regulated by this SMP. See PMC 29.25.040, Fish and wildlife habitat areas, for regulations governing crossings of nonshoreline streams located in shoreline jurisdiction.

(9) Utility facilities shall be designed and located in a manner that protects scenic views and minimizes adverse aesthetic impacts.

(10) New utilities, which must be constructed across shoreline jurisdiction in previously undisturbed areas, must submit a mitigation plan demonstrating the restoration of the shoreline to at least its existing condition. Upon completion of utility installation or maintenance, any disturbed areas shall be regraded to be compatible with the natural terrain of the area and revegetated with appropriate native plants to prevent erosion.

(11) Outside of the high intensity environment designations, all underwater pipelines or those paralleling the waterway transporting liquids potentially injurious to aquatic life or water quality shall be prohibited, unless no other alternative exists to serve a public interest. In those limited instances where permitted, shutoff valves shall be provided at both sides of the water body except for public sanitary sewers of a gravity or siphon nature. In all cases, no net loss of ecological functions shall be maintained.

(12) Where utilities cannot cross a shoreline water body via a bridge or other existing water crossing, the utilities shall evaluate site-specific habitat conditions and demonstrate whether impacts can mitigated to negatively impact substrate, or whether utilities will need to be bored beneath the water body such that the substrate is not disturbed. Construction of pipelines placed under aquatic areas shall be placed in a sleeve to avoid the need for excavation in the event of a failure in the future.

(13) Minor trenching to allow the installation of necessary underground pipes or cables is allowed if no alternative, including boring, is feasible, and if:

(a) Impacts on fish and wildlife habitat are avoided to the maximum extent possible.

(b) The utility installation shall not increase or decrease the natural rate, extent, or opportunity of channel migration.

(c) Appropriate BMPs are employed to prevent water quality impacts or other environmental degradation.

(14) Utility installation and maintenance operations shall be conducted in a manner that does not negatively affect surface water quality or quantity. Applications for new utility projects in shoreline jurisdiction shall include a list of BMPs to protect water quality. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.460.]