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(1) General Requirements.

(a) All boating uses, development, and facilities shall protect the rights of navigation.

(b) Boating facilities shall be sited and designed to ensure no net loss of shoreline ecological functions and shall meet Washington State Department of Natural Resources (WDNR) requirements and other state guidance if located in or over state-owned aquatic lands.

(c) Boating facilities shall be located on stable shorelines in areas where:

(i) Such facilities will not adversely affect flood channel capacity or otherwise create a flood hazard;

(ii) Water depths are adequate to minimize spoil disposal, filling, beach enhancement, and other channel maintenance activities; and

(iii) Water depths are adequate to prevent the structure from grounding out at the lowest low water or stoppers are installed to prevent grounding out.

(d) Boating facilities shall not be located:

(i) Where new dredging will be required; or

(ii) Where wave action caused by boating use would increase bank erosion rates, unless no-wake zones are implemented at the facility.

(e) Boating uses and facilities shall be located far enough from public swimming beaches and aquaculture harvest areas to alleviate any aesthetic or adverse impacts, safety concerns, and potential use conflicts.

(f) In-water work shall be scheduled to protect biological productivity (including, but not limited to, fish runs, spawning, and benthic productivity).

(g) Accessory uses at boating facilities shall be:

(i) Limited to water-oriented uses, including uses that provide physical or visual shoreline access for substantial numbers of the general public; and

(ii) Located as far landward as possible, while still serving their intended purposes.

(h) Parking and storage areas shall be landscaped or screened to provide visual and noise buffering between adjacent dissimilar uses or scenic areas.

(i) Boating facilities shall locate where access roads are adequate to handle the traffic generated by the facility and shall be designed so that lawfully existing or planned public shoreline access is not unnecessarily blocked, obstructed, or made dangerous.

(j) Joint-use moorage with 10 or more berths is regulated under this section as a marina (subsection (3) of this section). Joint-use moorage with fewer than 10 berths is regulated under this section as a dock or pier (see PMC 29.20.100, Piers and Docks).

(k) All marinas and public launch facilities shall provide at least portable restroom facilities for boaters’ use that are clean, well lit, safe, and convenient for public use.

(l) Installation of boat waste disposal facilities, such as pump-outs and portable dump stations, shall be required at all marinas and shall be provided at public boat launches to the extent possible. The locations of such facilities shall be considered on an individual basis in consultation with the Washington State Departments of Health, Ecology, WDNR, Washington State Parks, and WDFW, as necessary.

(m) All utilities shall be placed at or below dock levels or below ground, as appropriate.

(n) When appropriate, marinas and boat launch facilities shall install public safety signs that include the locations of fueling facilities, pump-out facilities, and locations for proper waste disposal.

(o) Boating facilities shall be constructed of materials that will not adversely affect water quality or aquatic plants and animals over the long-term. Materials used for submerged portions, decking, and other components that may come in contact with water shall be approved by applicable state agencies for use in water to avoid discharge of pollutants from wave splash, rain, or runoff. Wood treated with creosote, copper chromium, arsenic, pentachlorophenol, or other similarly toxic materials is prohibited for use in moorage facilities.

(p) Boating facilities in waters providing a public drinking water supply shall be constructed of untreated materials, such as untreated wood, approved plastic composites, concrete, or steel (see PMC 29.15.060, Water quality, storm water, and nonpoint pollution).

(q) Vessels shall be restricted from extended mooring on waters of the state, except as allowed by state regulations; and provided, that a lease or permission is obtained from the state and impacts to navigation and public access are mitigated.

(2) Boat Launch Facilities.

(a) Public boat launch facilities may be allowed in areas where no launching opportunities exist within close proximity of a site (within less than three miles distance by road on a water body) or as mentioned in the Public Access Plan.

(b) Boat launch and haul-out facilities, such as ramps, marine travel lifts and marine railways, and minor accessory buildings, shall be designed and constructed in a manner that minimizes adverse impacts on fluvial processes, biological functions, aquatic and riparian habitats, water quality, navigation, and neighboring uses.

(c) Boat launch facilities shall be designed and constructed using methods/technology that has been recognized and approved by state and federal resource agencies as the best currently available.

(3) Marinas.

(a) Marinas shall be designed to:

(i) Provide flushing of all enclosed water areas;

(ii) Allow the free movement of aquatic life in shallow water areas; and

(iii) Avoid and minimize any interference with geohydraulic processes and disruption of existing shore forms.

(b) Open pile or floating breakwater designs shall be used unless it can be demonstrated that riprap or other solid construction would not result in any greater net impacts to shoreline ecological functions, processes, fish passage, or shore features.

(c) Wet-moorage marinas shall locate a safe distance from domestic sewage or industrial waste outfalls.

(d) To the maximum extent possible, marinas and accessory uses shall share parking facilities.

(e) New marina development shall provide public access amenities, such as viewpoints, interpretive displays, and public access to accessory water-enjoyment uses (e.g., restaurants).

(f) If a marina is to include gas and oil handling facilities, such facilities shall be separate from main centers of activity in order to minimize the fire and water pollution hazards and to facilitate fire and pollution control. Marinas shall have adequate facilities and procedures for fuel handling and storage, and the containment, recovery, and mitigation of spilled petroleum, sewage, and other potentially harmful or hazardous materials and toxic products.

(g) The marina operator shall be responsible for the collection and dumping of sewage, solid waste, and petroleum waste. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.320.]