ORD 2003-30 BLAKELY HARBOR LIMITATION ON DOCK & PIER DEVELOPMENT ORDINANCE NO. 2003-30
AN ORDINANCE of the City of Bainbridge Island,
Washington, limiting dock and pier development within
Blakely Harbor and amending the Shoreline Management
Master Program adopted by Ordinance 96-38.
WHEREAS, the City adopted a Comprehensive Plan on September 1, 1994, which
establishes goals and policies for managing the land, shorelines and resources areas of
Bainbridge Island; and
WltEREAS, in accordance with RCW 90.58, the Shoreline Management Act, the
City is required to adopt and amend the City's Shoreline Master Program consistent with the
Shoreline Management Act and any required elements of the Shoreline Master Program
procedures and guidelines adopted by the Washington State Department of Ecology; and
WHEREAS, the City adopted a Shoreline Master Program (Ordinance 96-38) on
November 26, 1996 and the Department of Ecology subsequently approved the City's
program; and
WHEREAS, Blakely Harbor is a coastal inlet located along the southeastern
shoreline of Bainbridge Island, containing 3.5 miles of shoreline, 290 acres of navigable
water, and 5 docks or piers; is the last harbor within Central Puget Sound that remains
largely undeveloped with private, commercial, and/or industrial docks or piers; and is a
popular anchorage for vessels because of its undeveloped character, natural beauty, and
scenic views; and
WHEREAS, The Bainbridge Island community has long had a commitment to
preserving the waters of B lakely Harbor fi.om the proliferation of private dock or pier
development and promoting compatible recreational use of the harbor by the residents of
Bainbridge Island and the State; and
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WHEREAS, On November 30, 1992, the Bainbridge Island Park and Recreation
District adopted Appendix C of it's Comprehensive Plan, in which the limitation of dock
development in Blakely Harbor was encouraged; and
WHEREAS, On January 7, 1999, the City of Bainbridge Island adopted the
Harbor Management Plan (Resolution 99-01), which contained policies supporting the
restriction of private docks or piers in Blakely Harbor; and
WHEREAS, The City of Bainbridge Island has prepared a document titled
Blakely Harbor Cumulative Impact Assessment documenting the significant cumulative
loss of scenic view sheds, navigable waters, and adverse cumulative effects to water and
environmental quality likely to be caused by the proliferation of private dock and pier
development within Blakely Harbor; and
WHEREAS, the City established the Shoreline Master Program Update Steering
Committee in January 2002, which reviewed and recommended revisions to the Shoreline
Master Program (Ord. 96-38) and in June 2002, the Shoreline Master Program Update
Steering Committee forwarded their recommended goal and policy amendments to the
Shoreline Master Program (Ord. 96-38), including suggestions on limiting dock and pier
development within Blakely Harbor, to the Planning Commission; and
WHEREAS, on September 12, 2002, the Planning Commission held a public
hearing on goal and policy amendments to the Shoreline Master Program (Ord. 96-38),
including limitations to dock and pier development within Blakely Harbor, at which time
members of the public had the opportunity to present testimony and other evidence in
favor of or against the proposed amendments; and
WHEREAS, on December 12, 2002, the Planning Commission held a public
meeting on the topics of bulkheads, docks, and piers, at which time members of the
public had the opportunity to present testimony and other evidence related to those
topics; and
WHEREAS, on January 16, 2003, the Planning Commission presented their
recommended amendments to the Shoreline Master Program (Ord. 96-38), including
policies and regulations limiting dock and pier development in Blakely Harbor, to the
City Council Land Use Committee; and
WHEREAS, the City of Bainbridge Island would like to establish new policies
and regulations, consistent with and furthering the polices of the Shoreline Management
Act (RCW 90.58.020), limiting dock and pier development in Blakely Harbor in order to
preserve the unique character, navigable waters, natural resoumes, and scenic beauty of
the harbor and promote compatible recreational use of the harbor for the residents of
Bainbridge Island and the State; and
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THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES ORDAIN, AS FOLLOWS:
Section 1. Section II of the City of Bainbridge Island Shoreline Master Program
(Ordinance 96-38) is amended as follows:
Community or Joint-use Dock - A structure or structures which consists of a
system of piers, buoys, or floats that is a-m intended for the common use of the
residents of adjoining parcels or subdivision, short subdivision or community
located on adjacent uplands. A community dock is not a commercial endeavor
and is not for the purpose of serving the public. Ifa community or joint-use dock
accommodates six (6) or more vessels, it is no longer a community or joint-use
dock and shall be considered a marina.
Section 2. Section VI (Shoreline Modification Policies and Regulations), Subsection
F (Piers, Docks, Recreational Floats, and Mooring Buoys) of the City of Bainbridge
Island Shoreline Master Program (Ordinance 96-38) is amended as follows:
F. Piers, Docks, Recreational Floats, and Mooring Buoys
Applicability
Uses which may employ a pier or dock (for example, industry) are subject to the
provisions herein as well as to the provisions contained in Section V, Specific
Shoreline Use Policies and Regulations. Community or joint-use docks which
provide moorage for six (6) or more vessels also must comply with the provisions
of Section V, Subsection D, Boating Facilities.
Pursuant to RCW 90.58.030(3-e-vii) or its successor and WAC 173-14-040(h), or
its successor certain activities are exempt from obtaining a Shoreline Substantial
Development Permit (SSDP). For the benefit of the lot owner, surrounding
properties, and water body usem, the City will review all proposals for piem and
docks to determine whether:
1. The proposal is or is not exempt from the requirements for a shoreline
permit;
2. The proposal is suitably located and designed and that all potential
impacts have been recognized and mitigated; and
3. The proposal is consistent with the intent, policies, and regulations of the
Act [RCW 90.58.140(1) or its successor] and this program.
Exempt activities are subject to the provisions of the Master Program.
Policies
1. Multiple use and expansion of existing conforming piers, docks, and floats
should be encouraged over the addition and/or proliferation of new
facilities. Joint use facilities are preferred over new, single-use piers,
docks, and floats.
2. The use of mooring buoys should be encouraged in preference to either
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piers or docks.
3. Piers, docks, and floats should be designed to cause minimum interference
with navigable waters, the public's use of the shoreline, and views from
adjoining properties.
4. Piers, floats, and docks should be sited and designed to minimize possible
adverse environmental impacts, including potential impacts on littoral
drift, sand movement, water circulation and quality, and fish and wildlife
habitat.
5. Proponents of commercial pier, float, and dock projects are encouraged to
provide for public docking, launching, and recreational access.
6. Local programs and coordinated efforts among private and/or public
agencies should be initiated to remove or repair failing, hazardous, or
nonfunctioning piers and docks and restore such facilities and/or shore
resources to a natural and/or safe condition.
7. Use of natural, nonreflective materials in pier and dock construction
should be encouraged. When plastics and other nonbiodegradable
materials are used, precautions should be taken to ensure their
containment.
8. The proposed size of the structure and intensity of use or uses of any dock,
pier, and/or float should be compatible with the surrounding environment
and land and water uses.
9. The development of new docks and piers shall be prohibited within
Blakely Harbor between Restoration Point and the most eastern point
along the north shore of Blakely Harbor (sometimes referred to as "Pigott
Pt" or "Jasmine Pt"), except that:
a) A total of two community docks should be allowed with no more
than one along each the north and south shores, respectively,
provided that all residents along each shore shall have a non-
extin~,mishable option to access the community dock located along
their respective shore; and
b) One small public dock and/or pier for the mooring of dinghies and
loading or unloading of vessels should be allowed for daytime use.
Regulations - General
1. Piers and docks shall be a permitted use in the Rural, Semi-rural, Urban
and Aquatic environments, shall be ~ a conditional uses use in
the Conservancy environment, and shall be prohibited in the Natural and
Aquatic Conservancy environments. The development of new docks and
piers shall also be prohibited within all shoreline designations within
Blakely Harbor between Restoration Point and the most eastern point
along the north shore of Blakely Harbor (sometimes referred to as "Pigott
Pt" or "Jasmine Pt"), except that:
a) A total of two community docks shall be a conditional use within
the Urban, Semi-rural, Rural, and Aquatic environment with no
more than one along each the north and south shores, respectively,
provided that all residents along each shore shall have a non-
extinguishable option to access the community dock located along
their respective shore;
b) One public dock and/or pier tbr the mooring of dinghies and
loading or tmloading of vessels shall be a conditional use within
the Urban, Semi-rural, Rural, and Aquatic envirolunent for
daytime use; and
c) Such community and public docks shall comply with this master
program and other applicable laws; shall be the minimum size
necessary; and shall be sighted and designed to mitigate adverse
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impacts to navigation, views~ scenic character, and natural
resources as much as possible. Such community and public docks
shall also be reasonably passable to swimmers, beach walkers, and
human-powered water craft.
2. Proposals for piers or docks shall include, at a minimum, the following
information:
a. Description of the proposed structure, including its location,
dimensions, materials, design, and any shoreline stabilization or
other modification required by the project;
b. Ownership of uplands, tidelands, and shorelands within three
hundred (300) feet of the property boundaries;
c. Proposed location of piers, floats, or docks relative to property
lines, OHWM, the line of navigation, the construction limit line,
and the contour of the extreme low tide, as applicable;
d. Location, width, height, and length of piers or docks on adjacent
properties; and
e. Agreements, if any, for cooperative use.
3. In areas identified by the City, the Washington State Department of Fish
and Wildlife, or the Department of Natural Resources as having a high
environmental value for shellfish, fish life, or wildlife, piers and docks
shall be prohibited, except:
a. Where functionally necessary to the propagation, harvesting,
testing, or experimentation of said marine fisheries or wildhfe, or
b. Unless approved as a conditional use if it can be demonstrated that
the dock or pier will not be detrimental to the natural habitat or
species of concern.
4. Piers, floats, buoys, and docks shall not interfere with use of navigable
waters.
5. Piers and docks may be limited in length or prohibited, where necessary,
to protect navigation, public use, or habitat values.
Regulations - General Design and Construction Standards
1. Pilings must be structurally sound prior to placement in the water. The
minimum number of pilings shall be used, favoring large spans on fewer
pilings over smaller spans on more pilings.
2. Piles, floats, or other members in direct contact with water shall not be
treated or coated with biocides such as paint or pentachlorophenol. Use of
arsenate compounds or creosote-treated members is discouraged. In
saltwater areas characterized by significant shellfish populations or in
shallow embayments with poor flushing characteristics, untreated wood,
used pilings, precast concrete, or other nontoxic alternatives shall be used.
In all cases where toxic-treated products are allowed, products,
methods of treatment, and installations shall be limited to those
that are demonstrated as likely to result in the least possible
damage to the environment based on current information. Used,
creosote pilings are preferable to new ones.
3. No over-water field applications of paint, preservative treatment, or other
chemical compounds shall be permitted, except in accordance with best
management practices set forth in the marina section of the Master
Program.
4. Pilings employed in piers or any other structure shall have a minimum
vertical clearance of one (1) foot above extreme high water.
5. All docks shall include stops which serve to keep the floats off the bottom
of tidelands at low tide.
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6. If a bulkhead-like base is proposed for a fixed pier or dock where there is
net-positive littoral drift (accretion beach), the base shall be built landward
of the ordinary high water mark or protective berms.
7. When plastics or other nonbiodegradable materials are used in float, pier,
or dock construction, precautions shall be taken to ensure their
containment.
8. Overhead wiring or plumbing is not permitted on piers or docks.
9. New boat houses and new covered moorage shall not be permitted on piers
or docks. Other structures on piers and docks shall be strictly limited in
size and height to avoid impacting shoreline views.
10. A pier or dock shall not extend offshore farther than the most shoreward
of the following:
a. The average length of the piers on the two adjoining properties;
b. In Eagle Harbor, the Construction Limit Line; or
c. Elsewhere, the distance necessary to obtain a depth of four (4) feet
of water as measured at extreme low tide at the landward limit of
the moorage slip.
11. Piers and docks shall require a building permit and shall meet standards
set by the building official.
12. Lighting shall be the minimum necessary, or as required by the Coast
Guard, to locate the dock at night, and should minimize glare.
Regulations - Joint-use Community Piers and Docks
1. Any hotel, motel, and/or multifamily residential development proposing to
provide moorage facilities shall be required to construct a single, joint-use
moorage facility. The City may authorize more than one joint-use
moorage facility if a single facility would be inappropriate or undesirable,
given the specific conditions of the site.
2. Proposals for joint-use community piers and docks shall demonstrate, by
proof of recording of a covenant binding current and future parties, that
adequate maintenance of the structure and the associated upland area will
be provided by identified responsible parties. The proposed covenant
shall be filed as part of the permit application and recorded after final
approval.
Regulations - Commercial/Industrial Facilities
These standards apply to piers and docks intended for any commercial or
industrial use other than commercial moorage of boats in marinas. (See also
Section V, Specific Shoreline Use Policies and Regulations for boating facilities,
commercial development, and industry.)
1. Substantial development permits for docks or piers serving single
commercial or industrial enterprises shall not be granted until the access
needs of adjacent commercial and/or industrial enterprises have been
determined.
2. Facilities and procedures for receiving, storing, dispensing, and disposing
ofoil and other toxic products shall be designed to ensure that such oil and
other toxic products are not introduced into the water body.
3. Bulk storage for gasoline, oil and other petroleum products for any use or
purpose is prohibited on piers and docks. Bulk storage means nonportable
storage in fixed tanks.
4. Spill clean-up facilities shall be available for prompt response and
application at all piers and docks involved in oil and hazardous products
transfer.
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Regulations - Residential
1. If any docks are proposed, new subdivisions and short subdivisions with
shoreline frontage shall be required to provide community docks rather
than individual, private docks.
2. Docks shall be preferred over piers, where feasible.
3. Size:
a. Maximum length and width of a pier or dock shall be the minimum
necessary to accomplish moorage for the intended boating use.
(See Regulations - General Design and Construction Standards,
above, for additional restrictions.)
b. The length shall not extend beyond the average length of the two
nearest adjacent docks or the distance necessary to obtain a depth
of four (4) feet of water as measured at extreme low tide at the
landward limit of the moorage slip, or the line of navigation,
whichever is more shoreward.
4. Side-yard Setbacks:
Docks, piers and floats shall be set back a minimum often (10) feet fi:om
side property lines, except that community piers, docks, and floats may be
located adjacent to or upon a side property line when mutually agreed to
by covenant with the owners of the adjacent property. A copy of the
covenant must be recorded with the County Auditor and filed with the
application for permit.
5. Community docks and piers shall include no more than one (1) moorage
space per dwelling unit or lot.
6. Development of a dock or pier on single-family residential property shall
require a Shoreline Substantial Development Permit or a Statement of
Exemption issued by the City.
Regulations -- Mooring Buoys and Recreational Floats -General
1. Mooring buoys and recreational floats shall be prohibited in the Aquatic
Conservancy environment. Mooring buoys and floats for recreational use
shall be permitted in the Aquatic environment offshore fi:om Conservancy,
Rural, Semi-rural, and Urban environments and shall be prohibited
offshore from the Natural environment. Mooring buoys for commercial
use shall be permitted only as conditional uses offshore from the Urban
environment.
2. Buoys shall not interfere with navigation, shall be visible in daylight one
hundred (100) yards away, and shall have reflectors for night visibility.
3. If a buoy is located offshore of the extreme low tide line, the owner shall
obtain a lease for the bed of navigable waters from Department of Natural
Resources. [WAC 332-30-122 (1)(ii) or its successor].
4. Buoys shall lie between the waterfront property side lot lines extended
beyond the shoreline, except those on Department of Natural Resources
tidelands. Vessels moored to the buoys shall not swing across the
extended side lot lines. Where the configuration of the waterfront lot
precludes these requirements, a mooring buoy owner shall file with the
City a written statement fi:om the affected, adjacent, waterfront property
owners agreeing to the buoy placement.
5. Mooring buoys shall be installed at least twenty (20) yards from other
permitted piers, docks, floats, or buoys so as not to interfere with or
obstruct existing piers, docks, floats, or buoys.
6. Owners of waterfront property are permitted to install one (1) mooring
buoy per waterfront lot, except that where the waterfront lot is owned in
community, the City may permit upon the owners' application, additional
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mooring buoys with the total not more than one (1) per owner in the
community. [WAC 332-30-122 (1)(ii) or its successor].
7. Buoys shall be located offshore no farther than the Construction Limit
Line in Eagle Harbor, and elsewhere not more than two hundred (200) feet
beyond extreme low tide, the -3 fathom depth contour (-18 feet at mean
low water), or the line of navigation, whichever is closest to shore. [WAC
332-30-148(2) or its successor].
8. The owners or lessees of waterfront property zoned for commercial or
industrial use may install mooring buoys for commercial vessels, subject
to obtaining a Shoreline conditional use permit from the City for each
mooring buoy.
10. A contractor doing waterfront work involving floating equipment may
place a temporary mooring buoy convenient to the work site, provided it is
the responsibility of the contractor to ensure that all necessary permits are
obtained from all agencies with jurisdiction.
11. Recreational floats shall be located as close to shore as possible. They
shall be located no farther than the following limits:
a. In Eagle Harbor, the construction limit line.
b. Elsewhere, the distance necessary to obtain a depth of four (4) feet
of water as measured at extreme low tide at the landward end of
the float, or the line of navigation, whichever is closer to shore.
12. Recreational floats must be built so that the deck surface is one (1) foot
above the water's surface and shall have reflectors for night visibility.
13. Single-property-owner recreational floats shall not exceed eight (8) feet by
(8) feet.
14. All recreational floats shall include stops which serve to keep the floats off
the bottom of tidelands at low tide.
Section 3. Pursuant to state law, the Shoreline Management Master Program
amendments adopted by this ordinance becomes effective on the date of a letter to the
City of Bainbridge Island from the Washington State Department of Ecology approving
the amendment. After the City receives such a letter from the Washington State
Department of Ecology, the City Clerk shall publish in the City's official newspaper a
notice of the date on which the Shoreline Management Master Program amendment
became effective.
Section 4. Severability. If any section, sentence, clause or phrase of this ordinance
shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any
other section, sentence, clause or phrase of this ordinance.
Section 5. Effective Date. This ordinance shall take effect on and be in fome five days
from and after its passage, approval, and publication as required by law, or upon the date of
a letter to the City of Bainbridge Island from the Washington State Department of Ecology
approving the Shoreline Management Master Program amendment adopted by this
ordinance, whichever occurs last'in time.
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PASSED BY THE CITY COUNCIL this 10thday of~,~gemb~ 2003.
APPROVED BY THE MAYOR this 11 t~!ay of September2003.
ar~le~ne Kordonow~...Mayor ~
ATTEST/AUTHENTICATE:
san Kasper, C-ity Clerk
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
FILED WITH THE CITY CLERK: August 7, 2003
PASSED BY THE CITY COUNCIL: September 10, 2003
PUBLISHED: September 17, 2003
EFFECTIVE DATE: September 22, 2003
ORDANCE No.: 2003-30
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