(1) All boating uses, development, and facilities shall protect the rights of navigation and demonstrate no net loss of ecological functions, including providing on-site and off-site mitigation, as applicable.
(2) Shared moorage serving single-family use consisting of docks and piers with more than four berths, commercial moorage available to the general public, and moorage related to clubs or other groups not associated with a particular residential development are regulated as boating facilities under PMC 29.20.020, Boating facilities.
(3) Docks and piers with four or fewer berths or any number of mooring buoys are regulated under this section.
(4) Piers and docks shall avoid:
(a) Areas where shoreline modification is required for approach and other upland facilities.
(b) Locations where they would adversely impact upland riparian or nearshore habitat for aquatic species.
(c) Locations where they would adversely affect flood channel capacity or create a flood hazard.
(d) Locations where water depths for vessels are not adequate without dredging.
(5) Piers and docks, except those accessory to single-family residences, shall provide public access in accordance with PMC 29.15.070, Public access, and shall be located and designed such that existing public access to public shorelines is not obstructed nor made hazardous.
(6) All in- and overwater structures shall be constructed of materials that will not adversely affect water quality or aquatic plants and animals during the long-term. Wood treated with creosote, pentachlorophenol, or other similarly toxic materials is prohibited. Docks shall be constructed of untreated materials, such as untreated wood, approved plastic composites, concrete, or steel.
(7) Vessels shall be restricted from extended mooring on waters of the state, except as allowed by state regulations and unless a lease or other permission is obtained from the state and impacts to navigation and public access are mitigated.
(8) Boat Launches.
(a) Boat launches accessory to single-family and multifamily residential uses are prohibited.
(b) Private boat launches shall be allowed only for water-dependent uses and marinas and only when it is demonstrated that public boat launches will not feasibly serve the use. Rail and track systems shall be preferred over concrete ramps.
(c) New public boat launches for general public use or expansion of public boat launches by adding launch lanes shall demonstrate that:
(i) Water depths are adequate to avoid the need for dredging and eliminate or minimize potential loss of shoreline ecological functions or other shoreline resources from offshore or foreshore channel dredging.
(ii) Adjacent residential properties will not be adversely affected by adverse proximity impacts, such as noise, light and glare, or scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual screen.
(iii) Exterior lighting will not adversely impact aquatic species.
(iv) Adequate provisions are made for restroom, sewage, and solid waste disposal facilities in compliance with applicable health regulations.
(v) Access and parking shall not produce traffic hazards, shall not result in excessive noise or other impacts, shall minimize traffic impacts on nearby streets, and shall include adequate parking for boat trailers. Parking on public streets may be allowed for peak periods if it is demonstrated that such parking will not adversely impact through traffic or residential uses.
(9) New moorage to serve a single-family residence may be allowed only if:
(a) It is consistent with the USACE McNary Pool Management Plan.
(b) An applicant demonstrates that existing facilities (boat launches and public and private marinas) are not reasonably available to meet demand.
(c) The lot does not have access to shared moorage in an existing subdivision, and there is no homeowners association or other corporate entity capable of developing shared moorage.
(d) In cases where a new dock or pier is approved, the City may require an agreement to share with nearby residences with water frontage and provide for expansion to serve such additional users.
(10) A dock or pier serving a single-family residence shall meet the following standards:
(a) Piers and Ramps.
(i) To prevent damage to shallow-water habitat, piers and ramps shall extend at least 40 feet perpendicular from the OHWM. In some instances and sites, it may not be practical to extend a ramp 40 feet from OHWM (for instance, where this could conflict with navigation). The City may grant exceptions on a case-by-case basis depending on documentation of specific limitations that exist and in coordination with other permitting agencies.
(ii) Piers and ramps shall be no more than four feet in width.
(iii) The bottom of either the pier or landward edge of the ramp shall be elevated at least two feet above the plane of OHWM.
(iv) Grating shall cover the entire surface area (100 percent) of the pier or ramp. The open area of grating shall be at least 50 percent, as rated by the manufacturer.
(v) Skirting shall not be placed on piers, ramps, or floats. Protective bumper material will be allowed along the outside edge of the float, as long as the material does not extend below the bottom edge of the float frame or impede light penetration.
(vi) Shoreline concrete anchors must be placed at least 10 feet landward from the OHWM and shall be sized no larger than four feet wide by four feet long, unless otherwise approved by the City, National Oceanic and Atmospheric Administration (NOAA) Fisheries, USACE, and WDFW. The maximum anchor height shall be only what is necessary to elevate the bottom of either the pier or landward edge of the ramp at least two feet above the plane of OHWM. The intent of this criterion is to limit impacts to riparian vegetation along the shoreline. The City may grant exceptions from the 10-foot landward requirement if site conditions warrant. Exceptions shall be made on a case-by-case basis and based on documentation of a specific limitation that exists and in coordination with other permitting agencies.
(i) The dock shall be built with materials that do not leach preservatives or other materials.
(ii) No treated wood of any kind shall be used on any overwater structure (float, pier, or ramp).
(iii) No paint, stain, or preservative shall be applied to the overwater structure.
(i) No electricity shall be provided to, or on, the overwater structure.
(ii) No boat lifts or watercraft lifts (e.g., Jet Ski lifts) of any type will be placed on, or in addition to, the overwater structure. The City may grant exceptions on a case-by-case basis in coordination with other permitting agencies if the applicant can demonstrate that the proposed boat lift meets the intent of the criteria to minimize structure, maximize light penetration, and maximize depth. However, these structures must meet the size criteria of the plan (total 160 square feet).
(iii) Shoreline armoring (e.g., bulkheads, riprap, and retaining walls) shall not occur in association with installation of the overwater structure.
(iv) Construction of the overwater structure shall be completed during the in-water work window (November 1st to February 28th).
(d) Piling and Float Anchors.
(i) Piling shall not exceed eight inches in diameter. The intent of this criterion is not to require existing pilings to be removed, cut, or capped, but to place limits on the size of new pilings. The City may grant exceptions to allow for larger pilings on a case-by-case basis and in coordination with other permitting agencies in areas where safety considerations merit it.
(ii) Pilings shall be spaced at least 18 feet apart on the same side of any component of the overwater structure. The pier/ramp and float are separate components.
(iii) Each overwater structure shall utilize no more than four piles total for the entire project. A combination of two piles and four helical anchors may be used in place of four piles.
(iv) All pilings shall be fitted with devices to prevent perching by piscivorous (fish-eating) birds.
(v) Submerged float anchors will be constructed from concrete and shall be horizontally compressed in form, by a factor of five or more, for a minimum profile above the stream bed (the horizontal length and width will be at least five times the vertical height). A helical screw anchor may be utilized where substrate allows. The owner shall be responsible for demonstrating feasibility and for proper installation such that anchor displacement does not occur.
(vi) No in-water fill material will be allowed, with the exception of pilings and float anchors. (Note: uncured concrete or its by-products shall not be allowed.)
(i) Float components shall not exceed the dimensions of eight by 20 feet, or an aggregate total of 160 square feet, for all float components.
(ii) Flotation materials shall be permanently encapsulated to prevent breakup into small pieces and dispersal in water (e.g., rectangular float tubs).
(iii) Grating shall cover 100 percent of the surface area of the float(s). The open area of the grating shall be no less than 50 percent, as rated by the manufacturer.
(iv) Functional grating will cover no less than 50 percent of the float.
(v) Floats shall not be located in shallow-water habitat where they could ground or impede the passage or rearing of any salmonid life stage.
(vi) Nothing shall be placed on the overwater structure that will reduce natural light penetration through the structure.
(vii) Floats shall be positioned at least 40 feet horizontally from the OHWM and no more than 100 feet from the OHWM, as measured from the landward-most edge of the float. Adjustments to this requirement may be made on an individual basis where strict compliance with this standard may present safety issues or be excessive for site conditions.
(viii) Project construction shall cease during high-flow conditions that could result in inundation of the project area, except for efforts to avoid or minimize resource damage.
(11) Shared residential docks and piers shall generally meet the standards for single-family docks above, except that the number of floats and the size of piers and other facilities may be increased to serve additional slips to provide one moorage space per residence served.
(12) Docks and piers shall be set back a minimum of 10 feet from side property lines, except that joint-use facilities may be located closer to, or upon, a side property line when agreed to by contract or covenant with the owners of the affected properties. This agreement shall be recorded with the County Auditor and a copy filed with the shoreline permit application.
(13) Moorage Related to Subdivisions.
(a) New subdivisions and short plats shall contain a restriction on the face of the plat prohibiting individual docks. A site for community or shared moorage shall be designated on the plat and owned in undivided interest by property owners within the subdivision. Shared moorage facilities shall be available to lots with water frontage in the subdivision. The overwater area of the dock shall be made available to other lots and the public for community access and may be required to provide public access depending on the scale of the facility.
(b) Approval of a shared moorage for a subdivision shall be subject to the following criteria:
(i) There is no reasonably available public or private moorage that can serve the moorage needs of the residences or the subdivision.
(ii) Shared moorage to serve new development shall be limited to the amount of moorage needed to serve lots with water frontage. One moorage space per lot may not be presumed.
(iii) The size of a dock must consider the use of mooring buoys for some or all moorage needs and the use of all or part of the dock to allow tender access to mooring buoys.
(iv) Public access shall be provided in all shared docks utilizing public aquatic lands that accommodate five or more vessels.
(c) If a community or shared dock is not developed at the time of subdivision, a community association shall be established with the authority to levy assessments within the subdivision to construct and maintain a community dock in the future. The failure of a subdivision to develop a community or shared dock shall not affect the prohibition on individual docks.
(14) Multifamily residences, hotels, motels, and other commercial developments proposing to provide moorage facilities shall meet the criteria for a marina. Use of the moorage must be open to the general public on the same basis as residents or occupants and shall provide public access. If approved, no more than one joint use moorage facility may be provided for a parcel or development.
(15) Applications for docks or piers serving single commercial or industrial enterprises shall demonstrate that:
(a) The facility serves a water-dependent use;
(b) The facility is the minimum size required to serve the proposed use; provided, that provisions for expansion or future joint use may be provided;
(c) The facility minimizes impacts to the extent feasible. Where impacts are unavoidable, the facility mitigates impacts to navigation, aquatic habitat, upland habitat, public access to the water for recreation, fishing and similar use, and public access to publicly accessible lands below the OHWM.
(16) Commercial or industrial moorage facilities shall demonstrate that:
(a) The dock or pier shall be the minimum length required to serve the use.
(b) Access from the shore to piers or floats shall minimize water cover in order to minimize impacts to shallow-water habitat.
(c) Piers and ramps shall be elevated to provide the maximum feasible light penetration.
(d) Grating, or clear translucent material, shall be utilized to the maximum extent feasible to provide light penetration.
(e) Floats shall be constructed and attached so they do not ground out on the substrate.
(f) Pile spacing shall be the maximum feasible to minimize shading and avoid a wall effect that would block or baffle wave patterns, currents, littoral drift, or movement of aquatic life forms, or result in structure damage from driftwood impact or entrapment.
(g) Pile diameter shall be minimized while meeting structural requirements.
(h) Covered structures may be permitted only to serve a water-dependent use where it is demonstrated that adequate upland sites are not feasible and the area covered is the minimum necessary to serve the use.
(17) Barge terminals are a particular use that can include docks, piers, and industrial moorage. These facilities must demonstrate those items as provided in subsection (16) of this section, but the SMP recognizes that barge terminals require specific development regulations, including hardening of the shoreline, dredging, and no setback areas.