RES 96-44 ROADS AND ROAD ENDS ABUTTING BODIES OF SALT WATER ON BAINBRIDGE ISLANDRESOLUTION NO. 96-44
A RESOLUTION OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
AMENDING RESOLUTION NO. 92-35, RECOGNIZING, PROTECTING,
AND MAINTAINING THE USE OF CITY ROADS AND ROAD ENDS
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 road ends may provide suitable public access
to the shoreline; and
WHEREAS, Road ends 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 road ends 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. Committee Purpose. The City Council of the City of
Bainbridge Island, Washington, shall appoint a Road End Committee (the
Committee) to evaluate all public road ends to determine the best use of each.
Section 2. Road End Committee.The committee shall consist of 7 or more
members and shall be appointed for a three-year term.
Section 3. Committee Schedule. The committee shall first adopt a
procedure and schedule for completing its task including establishing priorities
for examining the road ends.
Section 4. Committee Procedures. The committee will use the following
procedure for evaluating each road end:
A. Identify the exact boundaries of the road end and any encroachment
that may have occurred.
B. Investigate the topography, history, and use.
C. 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.
D. Publish notice of each public hearing at least 10 days prior to the
hearing and mail notice to adjoining property owners.
E. The committee shall issue a written recommendation to the City
Council and those persons who request a copy.
Section 5. Decision Criteria. The Committee shall recommend 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 road end based on the
following criteria:
A. The location, size, and nature of ownership of the road's end.
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.
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F. 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.
G. 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.
H. Whether the public space is of sufficient size to allow passage and
allow the visitors to stop, linger, and contemplate the setting.
I. 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 road end should be
discouraged or restricted, the Committee shall forward its recommendation to
the Council for a decision.
Section 6. Signs.
A. All road ends 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.
A. Any modification (beyond signing and/or the cutting or removal of
vegetation) of a road end to facilitate public use or access to water is
considered an improvement.
B. Recommendations for improvements shall be made to the City
Administrator or City Council for review, approval and funding as appropriate.
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Section 8. Other Considerations.
A. 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 City road or -road ends.
B. The same decision criteria shall be applied in reviewing each road end
even though some persons may perceive other nearby facilities to be more
suitable.
C. 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.
D. 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 road end is denied.
E. If a City road end 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. Reporting The Committee will report to the City Council at
least annually on its activities.
PASSED by the City Council this 7TH" day of /V011,E/1r1996.
APPROVED by the Mayor this g7—�o day of A)oV&WB ,199 6.
ATTEST/AUTHENTI CATE:
SUSAN P. KASPER, City Clerk
JANET K. WEST, Mayor
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