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92-35 PROTECTING CITY ROADS ABUTTING BODIES OF SALT WATERAmended 8-7-92 RESOLUTION N0.92- 35 A RESOLUTION OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, RECOGNIZING, PROTECTING, AND MAINTAINING THE USE OF CITY ROADS AND ROADENDS ABUTTING BODIES OF SALT WATER ON BAINBRIDGE ISLAND WHEREAS, Access to public shorelines is limited in the City of Bainbridge Island (the City); and WHEREAS, City roads and roadends may provide suitable public access to the shoreline; and WHEREAS, Roadends are a valuable and protected resource for access to the shoreline and should be considered to have value as well for marine education, history, water rescue, fire safety, environmental issues, viewpoints, and a variety of recreational purposes; and WHEREAS, Public access to the water via verified City roadends is encouraged and supported by the City; and WHEREAS, RCW 35.79.035 prohibits a city or town from vacating any road which abuts a body of salt or fresh water unless the street or road is not currently used or is not suitable for use as a port facility, beach or water access purposes, boat moorage or launching sites, or for park, viewpoint, recreational, educational or other purposes; and WHEREAS, Public use of and access to shorelines is a high priority, warranting shoreline preservation and enhancement; and WHEREAS, A goal of the City is to protect and enhance public access to shorelines as well as to safeguard the rights ,of private property owners adjacent to public shoreline access points; and WHEREAS, Activities on the shoreline must be consistent with the goals, policies and regulations in the City's Shoreline Master Program and RCW 58.17 the State Shoreline Management Act; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. Road End Committee. The City Council of the City of Bainbridge Island, Washington, shall appoint a Roadend Committee (Committee) to evaluate all public roadends to determine the best use of each. Section 2. Committee Purpose. The committee shall consist of 7 members and shall accomplish its purpose in 3 years. Section 3. Committee Schedule. The committee shall first adopt a procedure and schedule for completing its task including establishing priorities for examining the roadends. Section 4. Committee Procedures. The committee will use the following procedure for evaluating each roadend: A. Identify the exact boundaries of the road end and any encroachment that may have occurred; B. Investigate the topography, history, and use; Conduct a public hearing regarding the past history and potential future use. Public hearings for more than one road end may be combined at the discretion of the Committee. Publish notice of each public hearing at least 10 days prior to the hearing and mail notice to adjoining property owners within 300 feet of the roadend(s); E. The committee shall issue a written decision to the City Administrator and those persons who request a copy; Section 5. Decision Criteria. The Committee shall decide the type of public access which will be allowed, the type of signage that will be erected, and recommend improvements to be made to the roadend based on the following criteria: A. The location, size, and nature of ownership of the roadend. B. The ownership of the adjacent tidelands. C. The location of existing homes and potential for adequately identifying the boundaries of the public right-of-way. D. The ease of access and the availability of parking. E. The concerns and recommendations of the nearby property owners and the general public. Whether the public access areas will be a comfortable place to visit, that is, will visitors feel they "belong". This feeling can be reinforced by signing, but signs cannot overcome the negative effects of inadequate space and design deficiencies. Whether there should be a physical separation of the public and private space so the public clearly will know the extent of its domain and know it is not infringing on private rights. This separation can be achieved by adequate space and screening, such as plantings or fences. Whether the public space is of sufficient size to allow passage and allow the visitors to stop, linger, and contemplate the setting. -2- Whether there is an attraction, like a scenic view, which will draw people to the site, although the mere presence of water may be sufficient. J. Whether the road end presents a potential danger to public safety. If the committee determines that public access to the roadend should be discouraged or restricted, the Committee shall forward its recommendation to the Council for a decision. Section 6. Signs.. All roadends shall be identified by signs appropriate to each location. Signing should be consistent in size and scale with the location and nature of the road end and supporting facilities including parking. All signs must comply with the provisions of the City Sign Code BIMC 15.08. Signs may include information about permitted and/or prohibited uses including ownership of tidelands; hours of use; and other limits on access (for example, "pedestrian use only", "tidelands are/are not public property" or "no vehicle turnaround"). B·, Where encroachment has occurred or the boundaries of public access have been obscured in any way, the boundaries shall be clearly identified in order to protect adjacent landowners from trespass and to preserve the rights of the public to access. Section 7· Improvements. Any modification (beyond signing and/or the cutting or removal of vegetation) of a roadend to facilitate public use or access to water is considered an improvement. Recommendations for improvements shall be made to the City Administrator or City Council for review, approval and funding as appropriate. Section 8. Other Considerations. Although the public may occasionally abuse the right of public access in ways that annoy adjoining property owners this shall not by itself be a sufficient basis to deny to other members of the public their right to enjoy access to the water from Ci~y road or roadends. The same decision criteria shall be applied in reviewing each roadend even though some persons may perceive other nearby facilities to be more suitable. -3- No private person shall be allowed to erect or maintain artificial or natural barriers which restrict the public right to reach the water from City roads abutting the water; and No private person shall be allowed to maintain signs or other designations which incorrectly imply to members of the public that its right of access to the water from a verified City roadend is denied. If a City roadend is designated by the Committee to provide access to public tidelands of sufficient size for recreational purpose, the Committee shall recommend to the City Council appropriate improvements to enhance public access to the tidelands. Section 9. Appeals. The Committee's decision may be appealed to the City Council. The City Council may, at its discretion, refer the appeal to a Committee of the Council for a recommendation. All appeals shall be in writing and state specific reasons for appealing the Roadend Committee's decision. All appeals shall be accompanied by the appeal fee specified in City Resolution and must be submitted within 15 days of the Committee's decision. Notice of appeal hearings will be published at least 10 days in advance. All appeals will be on the record. Section 10. Reporting. The Committee will report to the City Council at least semi- annually on its activities. PASSED by the City Council this 6th day of ~lst , 1992· APPROVED by the Mayor this 10th day of ATTEST~~5~~TE: RALPH W. EELLS, Finance Director 1992. SAM -4-