ORD 2007-16 OPEN WATER MARINA IN EAGLE HARBORORDINANCE NO. 2007-16
/~
AN ORDINANCE of the City of Bainbridge Island,
Washington, regulating establishment of an open water
mazina within Eagle Harbor and amending BIMC 16.12 and
the Shoreline Management Master Program.
WHEREAS, the City of Bainbridge Island (the "City") adopted a Comprehensive
Plan on September 1, 1994 and amended on December 8, 2004, which establishes goals
and policies for managing the land, shorelines and resources areas of Bainbridge Island;
and
WHEREAS, the City adopted a Shoreline Management Master Program
(Ordinance 96-38) on November 26, 1996, and the Washington State Department of
Ecology subsequently approved the City's program; and
WHEREAS, the City adopted Shoreline Management Master Program
amendments (Ordinance Nos. 2003-25, 2003-30 and 2005-02), and the Washingnon State
Department of Ecology approved the City's amendments; and
WHEREAS, in accordance with RCW 90.58, the Shoreline Management Act, the
City is required to adopt and amend the City's Shoreline Management 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, Eagle Harbor is an inlet located along the eastern shoreline of
Bainbridge Island, just south of Winslow, that extends approximately 2.5 miles inland
and contains approximately 483 acres of water area; Eagle Harbor is used primarily for
recreational boating and vessel anchoring and mooring, and contains nine private
marinas and yacht clubs, as well as about 75 vessels anchored and moored
independently, primarily within the Middle Harbor zone, some of which are occupied as
residences; and
WHEREAS, the Bainbridge Island community has long had a commitment to
supporting the diverse interests and lifestyles of its citizens, including both recreational
boating and residential use of vessels; and
WHEREAS, on November 30, 1999, the Bainbridge ]sland City Council
directed the Bainbridge Island Harbor Commission to designate an open water
anchoring and mooring area in Eagle I-lazbor for recreational vessels and citizens who
wish to live aboard vessels in accordance with BIMC 12.40.080; and
WHEREAS, on November 1, 2002, the State of Washington Department of
Natural Resources ("DNR") promulgated a new rule (Residential Use Rule) in
Page I
~~
Washington Administrative Code (WAC) 332-30 to allow residential uses on state-
owned aquatic lands, including "open water moorage and anchoring areas"; and
WHEREAS, the DNR Residential Use Rule will not allow the City to get a lease
from DNR for an open water moorage and anchorage area unless the City specifically
authorizes and regulates open water moorage and anchorage areas in its Shoreline
Management Master Program before November 17, 2007; and
WHEREAS, the City has prepared a document titled "Eagle Harbor Anchoring
and Mooring Plan, March 2005," delineating an open water moorage and anchorage area
within Eagle I-Iarbor, and outlining anchoring and mooring responsibilities and
procedures for vessel owners/operators and for the Harbormaster; and
WHEREAS, the City would like to establish new policies and regulations,
consistent with and furthering the polices of the Shoreline Management Act (RCW
90.58.020), regulating establishment of an open water moorage and anchorage area in
Eagle 1-Iarbor in order to preserve the unique character of the harbor and promote
compatible recreational and limited residential use of the harbor for the citizens of
Bainbridge Island and the State; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES ORDAIN, AS FOLLOWS:
Section 1. Section 11 (Definitions) of the City of Bainbridge Island Shoreline
Management Master Program (Ordinance 96-38, as amended) is amended to insert the
following definition:
"Open Water Mooraee and Anchoraee Area - A desienated area of
state-owned aquatic lands leased for the moorage and anchorage of
vessels that does not abut uplands and does not include a built connection
to the uplands. Open water moorage and anchorage areas are leased only
by municipalities in accordance with WAC 332-30 and subiect to the
restrictions therein."
Section 2. Section II (Definitions) of the City of Bainbridge Island Shoreline
Management Master Program (Ordinance 96-38, as amended) is further amended to read as
follows:
"Marina - A commercial or public facility with the primary purpose of
providing moorage for six (6) or more vessels, which consists of a system
of piers, buoys, or floats. Foreshore marinas are located in the intertidal
or offshore zone (the Aquatic environment). Backshore marinas are
located landward of OHWM. "there are two common types of backshore
marinas, one with wet moorage that is dredged out of the land to
artificially create a basin, and the other, dry moorage, which has upland
storage with a hoist, marine travel lift, or ramp for water access. Open
water marinas, including open water moorage and anchorage areas, are
Page 2
1
r
eg nerally located in the center of a waterbody to provide moorage in
addition to any marinas and docks along the edge of the waterbody."
Section 3. Section N (Environment Designations), Subsection I (Master Program
Summary Matrices) of the City of Bainbridge Island Shoreline Management Master
Program (Ordinance 96-38, as amended) is amended to read as follows:
"Table 4-1. Shoreline Use and Modification Activity Matrix
KEY FOR TABLE 4-1 AND TABLE 4-2
P = Permitted (An SSDP may be required)
CUP = Permitted subject to a shoreline conditional use permit (An SSDP,may
also be required.)
X = Prohibited unless otherwise noted
# = Same as adjacent upland environment
NA = Not applicable
SHORELINE USE
UPLAND ENVIRONMENTS
WATER
ENVIRONMENTS
A riculture X X X X X NA NA
A uaculture X CUP CUP CUP CUP CUP X
Boatin Facilities X X~ CUP2 CUPS P #' X
Commercial
Develo ment
Water-de endent X X X CUP P # X
Water-related and - X X X CUP P X X
Nonwater-oriented X X X X CUP X ~ X
PPermitted in public parks. Recreational mooring buoys are permitted.
ZCommunity and joint use docks providing moorage for six (6) or more vessels
are permitted with an SSDP but must comply with the provisions in Section V,
subsection D, Boating Facilities, as well as the provisions in Section VI, subsection F,
Piers, Docks, Recreational Floats, and Mooring Buoys.
m
Page 3
UPLAND ENVIRONMENTS WATER
ENVIRONMENTS
SHORELINE USE Na_iural Conservancy'
=, "~*t.~ Ruial
't' Semi
rural ~ Urban
` .~_F je'Aquanc
`xs ` '~Aquatic~
~Conservanc m~:
Flood Hazard
Mana ement X CUP CUP CUP CUP CUP X
Forest Practices X CUP CUP CUP CUP NA NA
Industr '
Water-de endent X X X X P # X
Water-related X X X X CUP # X
Nonwater-oriented X X X X X X X
Minin X X X X X X X
Parking (accessory)' C P P P P X X
Parkin rimar X X X X X X X
Recreational
Develo ment
Water-oriented CUPS P P P P P X
Golf Courses X CUP CUP CUP CUP X X
Nonwater-oriented X X X CUP CUP X X
Residential
Sin le-famil ' X CUP P P P X X
Multi le-famil X X X P P X X
Land division CUP CUP P P P # #
Solid Waste Dis osal X X X X X X X
Trans oration
Trails P P P P P NA NA
Publicly-owned ferry
terminal facilities and
services X X X X CUP # X
Float plane facilities
and services X X X X
CUP # X
'Heliports and float plane facilities are transportation uses.
1
r
SSee Section III,. subsection F, Parking; Section V, subsection E, Commercial
Development Regulation 7; and Section V, Parking and Circulation, subsection D,
Boating Facilities Regulations -Design and Renovation/Expansion Regulation 7.
bNew over-water facilities are permitted as a conditional use only in the ferry '
terminal district. Normal repair and maintenance of existing facilities do not require a
conditional use permit, but may require an SSDP.
Page 4
1~
WATER
UPLAND ENVIRONMENTS ENVIRONMENTS
.Natural Conse yr ancy ~ Rural ~'
` ~ Semi-~ iUrban Aquauc~ A'quanc ~ ;tom
SHORELINE USE is=_ . z..'.~..: --.~5 " rural® _.t,_ onseryanc
Roads
Railroads, heliports, X X X X X X X
new bridge to
Bainbridge Island,
highways, arterials,
secondar roads
Utilities (primary) X X CUP CUP CUP # X
Breakwaters, Dikes, X X X X X X X
Levees, Jetties, Groins,
Gabions, and Seawalls
Beach Enhancement CUPS CUPg CUPS CUPS CUPS CUPS CUPg
Revetments X X P9 P9 P9 X~o X
X X P P P X X
Bulkheads
Dred in " X X X X X CUP'Z X
Landfill CUPS` CUP~Z CUP CUP CUP CUP12 X
Piers and Docks X CUP P P P # X
Recreational Floats and X X P P P # X"
Mooring Buoys
Section 4. Section V (Specific Shoreline Use Policies and Regulations),
Subsection D (Boating Facilities) of the City of Bainbridge Island Shoreline
Management Master Program (Ordinance 96-38, as amended) is amended to read as
follows:
'Permitted as a conditional use if no feasible alternative exists.
eFor restoration, enhancement or maintenance of natural resources or to enhance
public access to the shoreline.
9If there are no revetments or bulkhead within 100 feet on either side of the
property, new revetments and bulkheads shall be conditional uses.
10 Bulkheads and revetments maybe permitted in the aquatic environment where
permitted in the adjacent upland environment but must be located at or near the ordinary
high water mark.
~ These regulations do not apply to aquaculture activities.
eFor restoration, enhancement or maintenance of natural resources for
navigational channels or public uses only.
Page 5
"D. Boating Facilities
Applicability
Boating facilities include marinas (both backshore and foreshore, dry
storage and wet moorage, and open water des), boat launch ramps,
covered moorage, marine railways, and marine travel lifts. (Refer to
Section II for definitions.) Community, yacht club, camp, and resort
moorage facilities must comply with boating facility requirements if they
provide moorage for six (6) or more vessels. Both marina and nonmarina
boating facilities; including single-family, must comply with Section VI,
subsection F, Piers, Docks, Recreational Floats, and Mooring Buoys.
Other portions of Section V I may also apply.
u
Accessory uses found in marinas may include fuel docks and storage,
boating equipment sales and rental, repair services, boat launches, bait
and tackle shops, potable water, waste disposal, administration, parking,
and grocery and dry good shops. Uses which are not clearly accessory
are also subject to their respective provisions in this section. (Examples
might include commercial, industrial, or transportation facilities.)
Boating facilities are also subject to Section III, General Policies .and
Regulations and to Section IV, Environment Designations, including the
standards in Table 4-2. ~~
Regulations governing boating activities in the bays and harbors of
Bainbridge Island are contained in City harbors and waters code and may
also apply. See Section VI, subsection F, for regulations governing
mooring buoys.
Policies
1. Boating facilities should be located, designed, and operated to
provide the maximum feasible protection and enhancement of all
forms of aquatic, littoral, or terrestrial life including animals, fish,
shellfish, birds and plants, their habitats, and their migratory
routes. Marinas should be located in areas of low biologic
productivity.
2. Boating facilities should be located and designed to minimize
adverse effects upon, and to enhance if possible, beneficial
shoreline features and processes including erosion, littoral or
riparian transport and accretion shoreforms, as well as scarce and
valuable shore features, including riparian habitat and wetlands.
3. Boating facilities should be located and designed so their
structures and operations will be aesthetically compatible with the
area visually affected, and will not unreasonably impairshoreline
views from adjacent shoreline properties.
Page 6
4. Joint use of piers and docks (community docks) should be
encouraged so long as they serve the adjacent, upland owners.
They should include no more than (1) one moorage space per
ownership.
5. Areas which have been identified as hazardous due to storm tides,
high winds, or flooding should not be considered as potential
marina sites.
6. Embayments with poor flushing action should not be considered
for marina sites.
7. Regional as well as local needs should be considered when
determining the location of marinas and boat launches. Potential
sites near high-use or potentially high-use areas should be
identified.
8. Consumption of limited shoreline resources should be minimized
by considering:
a. The expansion of existing marinas over the addition of
new marina sites;
b. The development of marinas and launch ramps over the
development of individual docking facilities for private,
noncommercial pleasure craft; and
c. The use of launching ramps and recreational boat dry
storage or other new technologies over year-round wet-
moorage.
~ ° 9. Boating facilities should not unduly restrict or impair
ingress-egress or the use and enjoyment of the water or beach on
adjoining properties.
10. New marina facilities should be designed to accommodate public
access and enjoyment of the shoreline, including provisions for
walkways, view points, restroom facilities, and other recreational
uses according to the scale of the facility.
11. Foreshore marinas, wherever possible, should use open-type
construction to prevent degradation of fish and/or shellfish
resources and habitat.
12. Installation and maintenance of sewage disposal (pump-out)
facilities or services should be required and conveniently
available to all users of marina facilities.
13. Floating homes should be prohibited. Houseboats and live-aboard
vessels should be allowed only in those limited circumstances
where their environmental and use impacts can be substantially
avoided.
14. Transient moorage should be made available, with most of this
need being met through use of short-term vacancies.
15. Vegetative screening should be provided around parking and
other storage areas.
Reg ulations -General
Page 7
2
3.
Boating facilities, including marinas, shall be allowed as follows:
a. Boating facilities shall be permitted in the Urban
environment and allowed as a conditional use in the Semi-
rural and Rural environments.
b. Boating facilities shall be prohibited in the Natural,
Conservancy, and Aquatic Conservancy environments.
a Boating facilities shall be permitted in the Aquatic
environment if permitted in the adjacent upland
environment, allowed as a conditional use if so allowed in
the adjacent upland environment, and prohibited if
prohibited in the adjacent upland environment.
d. Boating facilities shall be permitted in public parks
designated Conservancy environment and in the adjacent
Aquatic environment.
e. One {~ open water moorage and anchorage area shall be a
permitted use in the Aquatic environment adiacent to all
upland environments east of Stetson Suit and west of the
Washington State Ferry Maintenance Facility.
Boating facility development and/or renovation shall comply with
all other applicable State and. Federal agency policies and.
regulations including, but not limited to, the Department of Fish
and Wildlife, Federal Marine Sanitation standards (Environmental
Protection Agency 1972) requiring water quality certification
from the U.S. Army Corps of Engineers (Section 10), U.S. Army
Corps of Engineers dredging standards (Section 404), and State
and Federal standards for the storage of fuels and toxic materials.
The City shall require the following information in its review of
marina proposals:
a. Existing natural shoreline and baekshore features and uses
and bathymetric contours (1-foot increments);
b. Geo-hydraulic processes and flushing characteristics,
volume, rates, and frequencies;
e. Biological resources and habitats for the backshore,
foreshore, and aquatic environments;
d. Area of surface waters appropriated, and leased areas;
e. Site orientation; exposure to wind, waves, flooding or
tidal/storm surges; and type and extent of shore defense
works or shoreline stabilization and flood protection
necessary;
f. Impact upon existing and created demand for shoreline
and water uses including physical access, recreation, and
views;
g. The regional need for additional facilities;
h. The design of the facilities including sewage disposal,
restrooms, solid waste. disposal, proposed signage,
proposed exterior lighting, a proposed landscaping plan,
Page 8
~~
r
1
and proposed use ofnoise-generating equipment;
i. Management and operations including accommodation of
live-aboard vessels, including houseboats, provisions for
the prevention and control of fuel spillage, and restrictions
related to disposal of wastes and toxic materials; and
j. Other information that may be requested by the Director.
4. Accessory uses at a marina or public launch ramp shall be limited
to those which are water-dependent, related to boating, necessary
for marina operation, or which ptovide physical or visual
shoreline access to substantial. numbers of the general public.
Accessory uses shall be consistent in scale and intensity with the
marina and/or launch ramp and surrounding uses.
5. Shoreline permits for marinas shall be conditioned to include
boater education addressing boater impacts on water quality and
other shoreline resources, boater safety and requirements for
boater use of sewage pumpouts.
6. New marinas and expansion areas in existing marinas shall not
have covered moorage.
7. New floating homes and those that are not determined to be
legally non-conforming shall be prohibited in all marinas and
elsewhere in the shoreline jurisdiction of Bainbridge Island. Live-
aboard vessels, including houseboats, shall be permitted in
marinas. No more than 25% of the surface area of a marina or
25% of its slips, whichever is less, shall be devoted to live-aboard
vessels, including houseboats.
Regulations -Location
1. When new sites are considered, sufficient evidence must be
presented to show that existing marinas are inadequate and cannot
be expanded to meet regional demand.
2. Marinas shall be sited to prevent any restrictions in the use of
commercial and recreational shellfish beds. The specific distance
shall be determined in conjunction with the Washington State
Department of Health Services, the Washington State Department
of Ecology, and other agencies with expertise. Criteria for
determining the specific distance may include:
a. The size and depth of the water body;
b. Tidal flushing action in the project area;
c. Size of the marina and projected intensity of use;
d. Whether fuel will be handled or stored;
e. Existence of a sewer hook-up; and
£ Expected or planned changes in adjacent .land uses that
could result in additional water quality impacts or sanitary
treatment requirements.
3. Marinas and public launch ramps shall be allowed only on stable
shorelines where water depths are adequate to eliminate or
Page. 9
minimize the need for offshore or foreshore channel construction
dredging, maintenance dredging, spoil disposal, filling, beach
enhancement, and other harbor and channel maintenance '
activities.
4. Marinas and launch ramps shall be located only in areas where
there is adequate water mixing and flushing and shall be designed
so as not to retard or negatively influence flushing characteristics.
5. Boating facilities shall not require fixed breakwaters.
6. Marina and boat launch entrances shall not be located closer than
one thousand (],000) feet from beaches commonly used for
swimming, or from valuable areas for commercial or recreational
fishing or shellfish collection.
7. Marinas and launch ramps shall not be located at or along:
a. Significant littoral drift sectors, including resource material
areas such as, feeder bluffs and accretion beaches, points,
spits and hooks;
b. Wetlands, marshes, bogs, swamps and lagoons;
c. Mud hats and salt marshes;
d. Fish and shellfish spawning and rearing areas; or
e. Poorly flushed lagoons and backwaters.
(See Section III, subsection D, Environmentally Sensitive Areas.)
8. Backshore marinas involving the creation of a basin for wet
moorage shall be prohibited by the Master Program.
9. Marinas shall not extend seaward farther than the following
limits:
a. In Eagle Harbor, the Construction Limit Line, except that
open water moorage and anchoraee areas shall be allowed
waterward of the Construction Limit Line.
b. Elsewhere, the offshore ends of the adjacent marinas where
present, and in no instance two hundred (200) feet beyond
extreme low tide or the -3 fathom contour, whichever is
less. [WAC 332-30-122(1) (ii) or its successor and WAC
332-30-]42 (8)(d) or its successor].
Reeulations - Desien/Renovation/Exnansion
1. Proposals for marinas shall include public launch facilities unless
the applicant can demonstrate that providing such facilities is not
feasible.
2. Marina design shall provide thorough flushing of all enclosed
water areas and shall not restrict the movement of aquatic life
requiring shallow water.
3. The marina design shall minimize interference with geo-hydraulic
processes and disruption of existing shore forms.
4. Boating facilities shall be designed so their structures and
operations will be aesthetically compatible with or will enhance
existing shoreline features and uses. Boating .facilities shall
Page 10
mitigate for adverse development impacts on-site and to adjacent
properties.
5. Shoreline embankments of all boating facilities. shall be stabilized
both above and below the water's edge both during and afrer
construction.
6. Long-term dry moorage (for 6 or more vessels) and all other
storage areas shall be set back at a preferred distance of one
hundred (100) feet from the OHWM. This shall not apply to
hand-launch vessels.
7. Short-term loading areas may be located at ramps or near berthing
areas. Long-term parking and paved storage areas shall be
separated from the OHWM by a vegetated native vegetation zone
of at least. fifty (50) feet.
8. Unless native vegetation on the perimeter of parking, dry
moorage, and other storage areas is retained, these perimeter areas
shall be landscaped with native plants or other approved
materials. The permit application shall identify the size, location;
and species of landscaping materials stressing native vegetation.
9. Public access, both visual and physical, shall be an integral part of
all marina design and development commensurate with the
.particular proposal and must include the following:
a. Views from upland lots and public view corridors shalLbe
preserved. Visual access shall not be reduced to less than.
thirty-five (35) percent of the width of the lot, except that
one-half of such requirement may be satisfied by an
abutting street or waterway.
b. Parking, landscaping, and recreational uses shall be
permitted in the view corridor provided all other Master
Program provisions are met.
10. All boating facilities and accessory uses must conform to the
general provisions (Section III) and environment designation
provisions (Section IV), including meeting the setback and height
restrictions in Table 4-2.
Regulations -Parking and Circulation
L To the maximum. extent possible, mazinas and accessory uses
shall share parking facilities, with marina usage given preference.
2. a. Parking facilities shall be provided according to the following
schedule:
First SO moorage slips: 1 vehicle space per 2 slips
Slips 51 to 100: 1 vehicle space per 3 slips
Slips over 100: 1 vehicle spade per 4 slips
An additional parking space shall be provided for every four
hundred (400) square feet of interior floor space devoted to
accessory retail sales or services. Where live-aboards are
permitted, additional parking shall be provided at a rate of 1
Page 11
vehicle per live-aboard vessel or houseboat allowed.
b. Parking, facilities for open water moorage and anchorage areas
shall be provided as follows: Live-aboard tenants of open
water moorage and anchorage areas shall provide either a)
evidence of access to one legal vehicle parking space per
anchorage/moorage space for the duration of the
anchorage/moorage period; or b) an affidavit stating that no
vehicle is owned or used by the tenant. Day-use pazking shall
be provided according to the following schedule:
First 50 moorage slips: 1 vehicle space per 2 slips
Slips 51 to 100: l vehicle space per 3 digs
Slips over 100: 1 vehicle space per 4 slimes
In addition, two load/unload parking spaces shall be provided
for transient users of open water moorage and anchorage
areas.
3. Marinas and launch ramps shall be located where access streets
are adequate to handle the traffic load generated by the facility
and shall be designed to minimize other circulation and access.
conflicts. Backing of trailers on public roads shall be prohibited
and identified with appropriate signs.
4. Collector roads between marinas and arterial routes shall have all-
weather surfacing and be satisfactory to the City in terms of '
width, safety, alignment, sign distance, grade, and intersection
controls.
5. Marinas and boat launches shall be designed so that existing or
potential public access along beaches is not unnecessarily blocked
nor made dangerous, and so that public use of the surface waters
below the OHWM is not unduly impaired.
6. At each public or quasi-public launch ramp, at least ten (10) car
and trailer spaces at least ten (10) feet by forty (40) feet shall be
provided for each ramp lane.
Regulations -Utilities
1. All marinas shall have accessible boat sewage disposal systems
on-site or other pump-out services. Existing marinas shall comply
within one (1) year of the effective date of this regulation.
2 The marina shall provide facilities for the adequate collection and
dumping of marina originated materials including, but not limited
to, sewage, solid waste, and petroleum waste.
3. All marinas shall provide restrooms for boaters' use, including
upland or floating facilities supporting open water moorage and
anchorage areas. Upland restrooms shall be located within
seventy-five (75) feet of the landward end of the dock or pier and '
floating restroom facilities shall be located to conveniently serve
the tenants. Restrooms shall be identified by signs and be
Page 12
accessible to tenants twenty-four (24) hours a day. Marinas with
fewer than ten (10) slips shall provide one (1) toilet and hand
washing facility. Marinas with ten to one hundred slips shall
provide one (1) toilet and hand washing facility for each gender.
Marinas exceeding one hundred (100) slips shall provide an
additional toilet and lavatory for each gender. Existing marinas
shall comply within one (1) year of the effective date of this
regulation.
4. Distribution systems for plumbing and wiring at a mazina site
shall be placed at or below ground and dock levels.
5. Public boat launch facilities shall provide and maintain dump
stations and restrooms or portable toilets.
ReQUlations - Manaeement and Operations
1. The discharge of sewage and/or toxic material from boats and/or
shore installations shall be prohibited. The responsibility for the
adequate and approved collection and disposal of marina
originated sewage,. solid waste, and petroleum waste is that of the
marina operator.
2. No commercial fish or shellfish processing discharge or
discarding of unused bait, scrapt3sh, or viscera shall be permitted.
3. Marinas which dispense fuel shall have adequate facilities and
' establish posted operational procedures for fuel handling and
storage in order to prevent/minimize accidental spillage.
4. Marinas shall have facilities, equipment, and established posted
procedures for containment, recovery, and mitigation of spilled
petroleum, sewage, and toxic products.
5. Marina operators shall post signs where they are readily visible to
all marina users describing regulations:
a. Pertaining to handling and disposal of waste, wastewater,
toxic materials, and recycling;
b. Prohibiting the use of marine toilets (i.e., no untreated
sewage discharge);
c. Prohibiting the disposal of fsh and shellfish cleaning
wastes; and
d. Describing best management practices (BMPs) for boat
maintenance and repairs on site.
6. Garbage or litter receptacles shall be provided and maintained by
the marina operator at several locations convenient to users in
sufficient numbers to properly store all solid waste generated on
site.
7. Marina docks shall be equipped with adequate lifesaving
equipment such as life rings, hooks, and ropes.
8. Swimming shall be prohibited within marina facilities unless the
swimming area is adequately separated, protected, andposted.
9. If dredging at mazina entrances changes the littoral drifr processes
Page 13
and adversely affects adjacent shores, the marina operator shall be
required to periodically replenish these shores with the
appropriate quantity and quality of aggregate as determined by a
geo-hydraulic study,. paid for by the operator and completed to the
satisfaction of the Director.
]0. Temporarily vacant moorage spaces shall be made available for
"transient moorage" (less than two-week stay) when at least one
of the following apply:
a. The marina is owned, operated, or franchised by a
governmental agency for use by the public;
b. The marina provides more than three thousand (3,000)
lineal feet of moorage; or
c. The marina is part of a mixed-use development which
includes restaurants or other water-enjoyment uses.
Additional transient moorage requirements may be established for
Eagle Harbor in the Winslow Master Plan.
11. Marina operators shall execute a lease, contract, or deed which
establishes permission to use a slip for a stated period of time and
which establishes conditions for use of the slip, including the
requirement that all boats meet applicable sanitation regulations.
Reg ulations -Boat Launches (includes marine railways)
(Se e subsections above for additional provisions.) ,
1. Boat launches may be allowed only on or along low energy drift
sectors.
2. Boat launches may be permitted on marine accretion shoreforms,
provided any necessary grading is not harmful to affected
resources and any accessory facilities are located out of the
floodway.
3. Boat launches may be allowed on stable banks where no or a
minimum number of current deflectors or other stabilization
structures will be necessary.
4. Boat launches shall not be permitted where the upland slope
within twenty-five (25) feet of the OHWM exceeds twenty-five
(25) percent and/or where substantial cutting, grading, filling, or
defense works is necessary.
5. Boat launches, minor accessory buildings, and haul out facilities
shall be designed to be in character and scale with the surrounding
shoreline.
6. Boat launches shall be built from flexible, hinge-segmented pads
which can adapt to changes in beach profiles, unless a solid
structure is demonstrated to be more appropriate for the intended
level of use.
7. Boat launches shall be placed and kept near flush. with the
foreshore slope to minimize the interruption of geo-hydraulic
Page (4
processes.
8. Marine railways for boat launching shall be located on existing
grade and shall not obstruct access or littoral drift to and along the
shoreline.
9. Parking and shuttle areas for launch ramps shall not be located on
scarce accretion shoreforms which have high value for general
shore recreation."
Section 5. Paragraph number 18 of section V (Specific Shoreline Use Policies and
Regulations), subsection K (Residential Development), subsection titled "Regulations -
General" of the City of Bainbridge Island Shoreline Management Master Program
(Ordinance 96-38, as amended) is amended to read as follows:
"18. a Floatine homes compliant with all the requirements of
BIMC 12.40.080 and occupyina the same location since
November 25, 1996 shall be considered legally non-
conforming.
b. "°°°°'° "°~~~^^ ^ °'~°~^^ °"^°~~' Live-aboard vessels
houseboats, and legally non-conforming floating homes
shall be allowed only at marinas or in a a°^~^^~'~~a-a~~
s~
Tslarsd open water moorage and anchorage area in Eagle
Harbor.
c Existing live-aboard vessels, houseboats,. and legally non_
conforming floating homes not located within a marina
shall be required to relocate. to a marina or open water
moorage and anchorage area within Eagle Harbor within
six (6) months after the establishment of such an oven
water moorage and anchorage area. Individuals who wish
to moor in the ~~°-~a--erza open water moorage and
anchora eg area must register their vessel with the police
and sign alive-aboard agreement with the City.
d Live-aboard vessels, houseboats, and floating homes &~sh
vessels must comply with all marine regulations, policies
and procedures of the Coast Guard, Federal and State
governments which pertain to health, safety and/or
environmental protection. Proof of seaworthiness of the
vessel and the adequacy of the mooring arrangement must
be provided and laws governing all the citizens of
Bainbridge Island must be obeyed. The City will may
charge fees to cover administrative costs and reserves the
right to terminate the live-aboard agreement and expel and
non-compliant vessel from the harbor."
Section 6. Section VT (Shoreline Modification Policies and Regulations), subsection
F (Piers, Docks, Recreational Floats, and Mooring Buoys), subsection titled
"Regulations -- Mooring Buoys and Recreational Floats -General" of the City of
Page 15
Bainbridge Island Shoreline Management Master Program (Ordinance 96-38; as
amended) is amended to read as follows:
"Reeulations -- Moorine 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 from 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. Mooring buoys for open water moorage and
anchorage areas shall be permitted in the Aquatic environment
offshore of all upland environments.
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
from the affected, adjacent, waterfront property owners agreeing
to the buoy placement. This provision shall not ap~y to buoy
for open water moorage and anchorage areas.
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 Co install one (1)
mooring buoy per waterfront lot, except that where the waterfront
]ot is owned in community, the City may permit upon the owners'
application, additional 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]. Buoys for open water moorage and anchorage areas
shall be allowed waterward of the Construction Limit Line in
1
1
Page 16
Eagle Harbor.
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.
9. A contractor doing waterfront work involving floating equipment
may plane 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.
10. 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.
11. 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.
12. Single-property-owner recreational floats shall not exceed eight
(8) feet by (8) feet.
13. All recreational floats shall include stops which serve to keep the
floats off the bottom of tidelands at low tide."
Section 7. BIMC 16.12.030 is amended to insert the following definition:
"Onen Water Mooraee and Anchoraee Area - A desienated area of
state-owned aquatic lands leased for the moorage and anchorage of
vessels that does not abut uplands and does not include a built connection
to the unlands. Open water moorage and anchorage areas are leased only
by municinalities in accordance with WAC 332-30 and subject_ to the
restrictions therein."
Secfion S. BIMC 16.12.030 is further amended to read as follows:
"Marina - A commercial or public facility with the primary purpose of
providing moorage for six (6) or more vessels, which consists of a system
of piers, buoys, or floats. Foreshore marinas are located in the intertidal
or offshore. zone (the Aquatic environment). Backshore marinas are
located landward of OHWM. There are two common types of Backshore
marinas, one with wet moorage that is dredged out of the land to
artificially create a basin, and the other, dry moorage, which has upland
storage with a hoist, marine travel lift, or ramp for water access. Open
water marinas, includine oven water moorage and anchorage areas, are
enerally located in the center of a waterbody to provide moorage in
addition to any marinas and docks along the edge of the waterbody."
Page 17
Section 9. BIMC 16.12.150 is amended to read as follows:
"Table 4-1. Shoreline Use and Modification Activity Matrix
KEY FOR TABLE 4-1 AND TABLE 4-2
P = Permitted (An SSDP may be required)
CUP = Permitted subject to a shoreline conditional use permit (An SSDP may
also be required.)
X = Prohibited unless otherwise noted
# = Same as adjacent upland environment
NA = Not applicable
UPLAND ENVIRONMENTS
WATER
ENVIRONMENTS
SHORELINE USE ~x'' °- ~+;~' ~, ; ;x"ru aI, u Conserva~~'
A riculture X X X X X NA NA
A uaculture X CUP CUP CUP CUP CUP X
Boating Facilities X X13 iCUP CUPS P #" X
Commercial
Water-de endent X X X CUP P # X
Water-related and - X X X CUP P X X
Nonwater-oriented X X X X CUP X X
Flood Hazard X CUP CUP CUP CUP CUP X
13Permitted in public parks. Recreational mooring buoys are permitted.
'°Community and joint use docks providing moorage for six (6) or more vessels
are permitted with an SSDP but must comply with the provisions in Section V,
subsection D, Boating Facilities, as well as the provisions in Section VI, subsection F,
Piers, Docks, Recreational Floats, and Mooring Buoys.
"One open water moorage and anchorage area located in Eaele Harbor is
permitted in the Aquatic environment adjacent to all upland environments.
1
II
1
Page 18
1
UPLAND ENVIRONMENTS WATER
ENVIRONMENTS
SHORELINE USE Natui'alt
~
~' , Conservancy~
~ ,f-==nr-~,.ro ~
~,~;.~~- ,~.: Rural
_' -
F~ Semis -
rural a,,. Urban
~ Aquatic
~,s?a.. .r 'Aquatic --
~ Conservan`c ~;,,;
Forest Practices X CUP CUP CUP CUP NA NA
Industr 16
Water-de endent X X X X P # X
Water-related X X X X CUP # X
Nonwater-oriented X X X X X X X
Minin X X X X X X X
Parking (accessory)~~ C P P P P X X
Parkin rimar X X X X X X X
Recreational
Develo ment
Water-oriented CUPS P P P P P X
Golf Courses X CUP CUP CUP CUP X X
Nonwater-oriented X X X CUP CUP X X
Residential
Sin le-famil X CUP P P P X X
Multi le-famil X X X P P X X
Land division CUP CUP P P P # #
Solid Waste Dis oral X X X X X X X
Trans ortation
Trails P P P P P NA NA
Publicly-owned ferry
terminal facilities and
services X X X X CUP # X
Float plane facilities
and services X X X X
CUP # X
Roads
16Heliports and float plane facilities are transportation uses.
"See Section III, subsection F, Parking; Section V, subsection E, Commercial
Development Regulation 7; and Section V, Parking and Circulation, subsection D,
Boating Facilities Regulations -Design and Renovation/Expansion Regulation 7.
'BNew over-water facilities aze permitted as a conditional use only in the ferry
terminal district. Normal repair and maintenance of existing facilities do not require a
conditional use permit, but may require an SSDP.
Page 19
WATER
UPLAND ENVIRONMENTS ENVIRONMENTS
Natural+°~ ,Conservan
cy~,
~ Rural ~~Se
m~ ~~'' , Urban Aquatic Aquatic -~-
SHORELINE USE `'~ ~
_ ~ ~ F ;-
i~~'~ _ c
:rural '' ~ Conservanc ~;
Railroads, heliports, X X X X X X X
new bridge to
Bainbridge Island,
highways, arterials,
secondar roads
Utilities (primary) X X 9UP CUP CUP # X
1
Breakwaters, Dikes, X X X X X X X
Levees, Jetties, Groins,
Gabions, and Seawalls
Beach Enhancement CUP20 CUPS CUPg CUP$ CUPS CUPg CUP$
Revetments X X P21 P9 P9 Xzz X
Bulkheads X X P P P X X
Dred in 23 X X X X X CUPz4 X
Landfill CUP12 CUP12 CUP CUP CUP CUP12 X
Piers and Docks X CUP P P P # X
Recreational Floats and X X P P P # X"
Mooring Buoys
Section 10. BIMC 16.12.180 is amended to read as follows:
"16.12.180 Boating Facilities
19Permitted as a conditional use if no feasible alternative exists.
20For restoration, enhancement or maintenance of natural resources or to enhance
public access to the shoreline.
~' If there are no revetments or bulkhead within 100 feet on either side of the
property, new revetments and bulkheads shall be conditional uses.
22 Bulkheads and revetments maybe permitted in the aquatic environment where
permitted in the adjacent upland environment but must be located at or near the ordinary
high water mark.
23These regulations do not apply to aquaculture activities.
29For restoration, enhancement or maintenance of natural resources for
navigational channels or public uses only.
1
1
Page 20
A. Applicability. Boating facilities include marinas (both backshore and
foreshore, dry storage and wet moorage, and open water types), boat
launch ramps, covered moorage, marine railways, and marine travel lifts.
(Refer to Section II for definitions.) Community, yacht club, camp, and
resort moorage facilities must comply with boating facility requirements
if they provide moorage for six (6) or more vessels. Both marina and
nonmarina boating facilities, including single-family, must comply with
BIMC 16.12.340, Piers, Docks, Recreational Floats, and Mooring Buoys.
Other portions of Part VI may also apply.
Accessory uses found in marinas may include fuel docks and storage,
boating equipment sales and rental, repair services, boat launches, bait and
tackle shops, potable water, waste disposal, administration, parking, and
grocery and dry good shops. Uses which are not clearly accessory are also
subject to their respective provisions in this section. (Examples might
include commercial, industrial, or transportation facilities.) Boating
facilities are also subject to Section 111, General Policies and Regulations
and to Section IV, Environment Designations, including the standards in
Table 4-2.
Regulations governing boating activities in the bays and harbors of
Bainbridge Island are contained in City harbors and waters code and may
1~ also apply. See BIMC 16.12.340 For regulations governing mooring
buoys.
B. Regulations -General.
1. Boating facilities, including marinas, shall be allowed as follows:
a. Boating facilities shall be permitted in the Urban
environment and allowed as a conditional use in the Semi-
rural and Rural environments.
b. Boating facilities shall be prohibited in the Natural,
Conservancy, and Aquatic Conservancy environments.
c. Boating facilities shall be permitted in the Aquatic
environment if permitted in the adjacent upland
environment, allowed as a conditional use if so allowed in
the adjacent upland environment, and prohibited if
prohibited in the adjacent upland environment.
d. Boating facilities shall be permitted in public parks
designated Conservancy environment and in the adjacent
Aquatic environment.
e One (l) open water moorage and anchorage area shall be a
permitted use in the Aquatic environment adjacent to all
upland environments east of Stetson Spit and west of the
Washington State Ferry Maintenance Facility.
2. Boating facility development and/or renovation shall comply with
all other applicable State and Federal agency policies and
Page 2]
3
4.
5
6
7
regulations including, but not limited to, the Department of Fish
and Wildlife, Federal Marine Sanitation standards (Environmental
Protection Agency 1972) requiring water quality certification from
the U.S. Army Corps of Engineers (Section 10), U.S. Army Corps
of Engineers dredging standards (Section 404), and State and
Federal standards for the storage of fuels and toxic materials.
The City shall require the following information in its review of
marina proposals:
a. Existing natural shoreline and backshore features and uses
and bathymetric contours (I-foot increments);
b. Geo-hydraulic processes and flushing characteristics,
volume, rates, and frequencies;
c. Biological resources and habitats for the backshore,
foreshore, and aquatic environments;
d. Area of surface waters appropriated, and leased areas;
e. Site orientation; exposure to wind, waves, flooding or
tidal/storm surges; and type and extent of shore defense
works or shoreline stabilization and flood protection
necessary;
f. Impact upon existing and created demand for shoreline and
water uses including physical access, recreation, and views;
g. The regional need for additional facilities;
h. The design of the facilities including sewage disposal, '
restrooms, solid waste disposal, proposed signage,
proposed exterior lighting, a proposed landscaping plan,
and proposed use of noise-generating equipment;
i. Management and operations including accommodation of
live-aboard vessels, including houseboats, provisions for
the prevention and control of fuel spillage, and restrictions
related to disposal of wastes and toxic materials; and
j. Other information that may be requested by the Director.
Accessory uses at a marina or public launch ramp shall be limited
to those which are water-dependent, related to boating, necessary
For marina operation, or which provide physical or visual shoreline
access to substantial numbers of the general public. Accessory uses
shall be consistent in scale and intensity with the marina and/or
launch ramp and surrounding uses.
Shoreline permits for marinas shall be conditioned to include
boater education addressing boater impacts on water quality and
other shoreline resources, boater safety and requirements for boater
use of sewage pumpouts.
New marinas and expansion areas in existing marinas shall not
have covered moorage.
New floating homes and those that are not determined to be leeally
non-conY'ormine shall be prohibited in all marinas and elsewhere in
the shoreline jurisdiction of Bainbridge Island. Live-aboard
Page 22
1
f
vessels; including houseboats, shall be permitted in marinas. No
more than 25% of the surface area of a marina or 25% of its slips,
whichever is less, shall be devoted to live-aboard vessels,
including houseboats.
C. Regulations -Location.
1. When new sites are considered, sufficient evidence must be
presented to show that existing marinas are inadequate and cannot
be expanded to meet regional demand..
2. Marinas shall be sited to prevent any restrictions in the use of
commercial and recreational shellfish beds. The specific distance
shall be determined in conjunction with the Washington State
Department of Health Services, the Washington State Department
of Ecology, and other agencies with expertise. Criteria for
determining the specific distance may include:
a. The size and depth of the water body;
b. Tidal flushing action in the project area;
c. Size of the marina and projected intensity of use;
d. Whether fuel will be handled or stored;
e. Existence of a sewer hook-up; and
£ Expected or planned changes in adjacent land uses that
could result in additional water quality impacts or sanitary
treatment requirements.
3. Marinas and public launch ramps shall be allowed only on stable
shorelines where water depths are adequate to eliminate or
minimize the need for offshore or foreshore channel construction
dredging, maintenance dredging,. spoil disposal, filling, beach
enhancement, and other harbor and channel maintenance activities.
4. Marinas and launch ramps shall be located only in areas where
there is adequate water mixing and flushing and shall be designed
so as not to retard or negatively influence flushing chazacteristics.
5. Boating facilities shall not require fixed breakwaters.
6. Mazina and boat launch entrances shall not be located closer than
one thousand (1,000) feet from beaches commonly used for
swimming, or from valuable areas for commercial or recreational
fishing or shellfish collection.
7. Marinas and launch ramps shall not be located at or along:
a. Significant littoral drift sectors, including resource material
areas such as, feeder bluffs and accretion beaches, points,
spits and hooks;
b. Wetlands, marshes; bogs, swamps and lagoons;
c. Mud flats and salt mazshes;
d. Fish and shellfish spawning and rearing areas; or
e. Poorly flushed lagoons and. backwaters.
(See BIMC T6.12.080, Environmentally sensitive areas.)
8. Backshore marinas involving the creation of a basin for wet
Page 23
moorage shall be prohibited by the. Master Program.
9. Marinas shall not extend seaward farther than the following limits:
a. In Eagle Harbor, the Construction Limit Line, except that
men water moorage and anchoraee areas shall be allowed
waterward of the Construction Limit Line.
b. Elsewhere, the offshore ends of the adjacent marinas where
present, and in no instance two hundred (200) feet beyond
extreme low tide or the -3 fathom contour, whichever is
less. [WAC 332-30-122(1) (ii) or its successor and WAC
332-30-142 (8)(d) or its successor].
D. Regulations - Design/Renovation/Expansion
I. Proposals for marinas shall include public launch facilities unless
the applicant can demonstrate that providing such facilities is not
feasible.
2. Marina design shall provide thorough flushing of all enclosed
water areas and shall not restrict the movement of aquatic life
requiring shallow water.
3. The marina design shall minimize interference with geo-hydraulic
processes and disruption of existing shore forms.
4. Boating facilities shall be designed so their structures and
operations will be aesthetically compatible with or will enhance
existing shoreline features and uses. Boating facilities shall
mitigate for adverse development impacts on-site and to adjacent ,
properties.
5. Shoreline embankments of all boating facilities shall be stabilized
both above and below the water's edge both during and afrer
construction.
6. Long-term dry moorage (for 6 or more vessels) and all other
storage areas shall be set back at a preferred distance of one
hundred (100) feet from the OHWM. This shall not apply to hand-
launch vessels.
7. Short-term loading areas may be located at ramps or near berthing
areas.. Long-term parking and paved storage areas shall be
separated from the OHWM by a vegetated native vegetation zone
of at least fifty (50) feet.
8. Unless native. vegetation on the perimeter of parking, dry moorage,
and other storage areas is retained, these perimeter areas shall be
landscaped with native plants or other approved materials: The
permit application shall identify the size, location, and species of
landscaping materials stressing native vegetation.
9. Public access, both visual and physical, shall be an integral part of
all marina design and development commensurate with the
particular proposal and must include the following:
a. Views from upland lots and public view corridors shall be
preserved. Visual access shall not be reduced to less than
Page 24
thirty-five (35) percent of the width of the lot, except that
one-half of such requirement may be satisfied by an
abutting street or waterway.
b. Parking, landscaping, and recreational uses shall. be
permitted in the view corridor provided all other Master
Program provisions are met.
10. All boating facilities and accessory uses must conform to the
general provisions (Section III) and environment designation
provisions (Section 1V), including meeting the setback and height
restrictions in Table 4-2.
1;. Regulations -Parking and Circulation.
1. To the maximum extent possible, marinas and accessory uses shall
share parking facilities, with marina.usage given preference.
2. a. Parking facilities shall be provided according to the following
schedule:
First 50 moorage slips: 1 vehicle space per 2 slips
Slips 51 to 100: 1 vehicle space per 3 slips
Slips over 100: 1 vehicle space per 4 slips
An additional parking space shall be provided for every four
hundred (400) square feet of interior floor space devoted Yo
accessory retail sales or services. Where live-aboards are
permitted, additional parking shall be provided at a rate of 1
vehicle per live-aboard vessel or houseboat allowed.
b. Parking facilities for open water moorage and anchora e areas
shall be provided as follows: Live-aboard tenants of open
water moorage and anchorage areas shall provide either a)
evidence of access to one le¢al vehicle parking space per
anchorage/moorage space for the duration of the
anchorage/moorage period; or b) an .affidavit stating that no
vehicle is owned or used by the tenant. Day-use parking shall
be provided according to the following schedule:
First 50 moorage slips: 1 vehicle space per 2 slips
Slips 51 to 100: 1 vehicle space per 3 slips
.Slips over 1.00: 1 vehicle space per 4 slips
In addition, two load/unload parking spaces shall be provided
for transient users of open water moorage and. anchorage
areas.
3. Marinas and launch ramps shall be located where access streets are
adequate to handle the traffic load generated by the facility and
shall be designed to minimize other circulation and access
conflicts. Backing of trailers on public roads shall be prohibited
and identified with appropriate signs.
4. Collector roads between marinas and arterial routes shall have all-
weather surfacing and be satisfactory to the City in terms of width,
safety, aligrunent, sign distance, grade, and intersection controls.
Page 25
5. Marinas and boat launches shall be designed so that existing or
potential public access along beaches is not unnecessarily blocked
nor made dangerous, and so that public use of the surface waters
belowthe OHWM is not unduly impaired.
6. At each public or quasi-public launch ramp, at least ten (10) car
and trailer spaces at least ten (10) feet by forty (40) feet shall be
provided for each ramp lane.
F. Regulations -Utilities.
1. All marinas shall have accessible boat sewage disposal systems on-
site or other pump-out services. Existing marinas shall comply
within one (1) year of the effective date of this regulation.
2 The marina shall provide facilities for the adequate collection and
dumping of marina originated materials including, but not limited
to, sewage, solid waste, and petroleum waste.
3. All marinas shall provide restrooms for boaters' use, including
upland or floating facilities supporting open water moorage and
anchorage areas. Upland restrooms shall be located within
seventy-five (75) feet of the landward end of the dock or pier and
floating restroom facilities shall be located to convenientl s
the tenants. Restrooms shall be identified by signs and be
accessible to tenants twenty-four (24) hours a day. Marinas with
fewer than ten (10) slips shall provide one (1) toilet and hand
washing facility. Marinas with ten to one hundred slips shall
provide one (1) toilet and hand washing facility for each gender.
Marinas exceeding one hundred (100) slips shall provide an
additional toilet and lavatory for each gender. Existing marinas
shall comply within one (1) year of the effective date of this
regulation.
4. .Distribution systems for plumbing and wiring at a marina site shall
be placed at or below ground and dock levels.
5. Public boat launch facilities shall provide and maintain dump
stations and restrooms or portable toilets.
G. Regulations -Management and Operations.
1. The discharge of sewage and/or toxic material from boats and/or
shore installations shall be prohibited. The responsibility for the
adequate and approved collection and disposal of marina
originated sewage, solid waste, and petroleum waste is that of the
marina operator.
2. No commercial fish or shellfish processing discharge or discarding
of unused bait, scrapfish, or viscera shall be permitted.
3. Marinas which dispense fuel shall have adequate facilities and
establish posted operational procedures for fuel handling and
storage in order to prevent/minimize accidental spillage.
4. Marinas shall have facilities, equipment, and established posted
Page 26
procedures for containment, recovery, and mitigation of spilled
petroleum, sewage, and toxic products.
5. Marina operators shall post signs where they are readily visible to
all marina users describing regulations:
a. Pertaining to handling and disposal of waste, wastewater,
toxic materials, and recycling;
b. Prohibiting the use of marine toilets (i.e., no untreated
sewage discharge);
c. Prohibiting the disposal of fish and shellfish cleaning
wastes; and
d. Describing best management practices (BMPs) for boat
maintenance and repairs on site.
6. Garbage or litter receptacles shall be provided and maintained by
the marina operator at several locations convenient to users in
sufficient numbers to properly store all solid waste generated on
site.
7. Marina docks shall be equipped with adequate lifesaving
equipment such as life rings, hooks, and ropes.
8. Swimming shall be prohibited within marina facilities unless the
swimming area is adequately separated, protected, and posted..
9. If dredging at marina entrances changes the littoral drifr processes
and adversely affects adjacent shores, the marina operator shall be
required to periodically replenish these shores with the appropriate
quantity and quality ofaggregate as determined by a geo-hydraulic
study, paid for by the operator and completed to the satisfaction of
the Director.
10. Temporarily vacant moorage spaces shall be made available for
"transient moorage" (less than two-week stay) when at least one of
the following apply:
a. The marina is owned, operated, or franchised by a
governmental agency for use by the public;
b. The marina provides more than three thousand (3.,000)
lineal feet of moorage; or
c. The marina is part of a mixed-use development which
includes restaurants or other water-enjoyment uses.
Additional transient moorage requirements may be established for
Eagle Harbor in the Winslow Master Plan.
11. Marina operators shall execute a lease, contract, or deed which
establishes permission to use. a slip for a stated period of time and
which establishes conditions for use of the slip, including the
requirement that all boats meet applicable sanitation regulations."
Section 11. BIMC 16.12.260(B)(18) is amended to read as follows:
"18. a Floating homes compliant with all the requirements of
Page 27
conforming.
b ~,°°°°'° ''°~~ ° ~ '~~~ °~°°~a Live-aboard vessels
houseboats, and legally non-conforming floating homes
shall be allowed only at marinas or in a a°°~~~~.Ried-mea--ef
~°,.i° a°..t_,...,. ~.° °a...:..:.,,°_°a w., .t,° rte:... °c n..:.,i..:a,.°
Island open water moorage and anchorage area in Eagle
Harbor.
c. Existing live-aboard vessels, houseboats, and legally non-
conforming floating homes not located within a marina
shall be required to relocate to a marina or open water
moorage and anchorage area within Eagle Harbor within
six (6) months after the establishment of such an open
water moorage and anchorage area. Individuals who wish
to moor in the ao°~'-°,~~~~~Rted-m~a open water moorage and
anchorage area must register their vessel with the police
and sign alive-aboard agreement with the City.
d. Live-aboard vessels, houseboats, and floating homes S~e#
uessels must comply with all marine regulations, policies
and procedures of the Coast Guard, Federal and State
governments which pertain to health, safety and/or
environmental protection. Proof of seaworthiness of the
vessel and the adequacy of the mooring arrangement must
be provided and laws governing all the citizens of
Bainbridge Island must be obeyed. The City will may
charge fees to cover administrative costs and reserves the
right to terminate the live-aboard agreement and expel and
non-compliant vessel from the harbor."
Section 12. BIMC 16.12.340(H) is amended o read as follows:
"H. Regulations -- Mooring Buoys and Recreational Floats.
]. 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 from 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. Moorin buoys for open water moorage and
anchorage areas shall be permitted in the Aquatic environment
offshore of all upland environments.
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
Page 28
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
from the affected, adjacent, waterfront property owners agreeing to
the buoy placement. This provision shall not apply to buoys for
oven water moorage and anchora a areas.
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 mooring buoys with the total not more than
one (1) per owner in the community. [WAC 332-30-f22 (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
f 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]. Buo~for open water moorage and. anchorage areas
shall be allowed waterward of the Construction Limit Line in
Eagle Harbor.
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.
9. 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.
10. 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.
11. 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.
Page 29
12. Single-property-owner recreational floats shall not exceed eight
(8) feet by (8) feet. ~,
13. All recreational floats shall include stops which serve to keep the
floats off the bottom of tidelands at low tide."
Section 13. Pursuant to state law, the Shoreline Management Master Program
amendments adopted by this ordinance become effective on the date of a letter to the
City from the Washington State Department of Ecology approving the amendments.
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 amendments became effective.
Section 14. 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 15. This ordinance shall take effect on and be in force five (5) days from and
after its passage, approval, and publication as required by law, or upon the date of a letter to
the City from the Washington State Department of Ecology approving the Shoreline
Management Master Program amendment adopted by this ordinance, whichever occurs last
in time.
1
Page 30
PASSED BY THE CITY COUNCIL this 10`h day of October 2007.
APPROVED BY THE MAYOR this 11 "' day of October 2007.
~~~u i~~ /
~l
Darlene Kordonowy, Mayor
ATTEST/AUTHENTICATE:
~) o~apirl~ to 05O~~
Rosalind D. Lassoff, CM ,City Clerk
APPROVED AS TO FORM:
~I~~ i ~'l
Paul McMurray, City ACtorney
FILED WITH THE CIT CLE July 1 I, 2007
PASSED BY THE CITY CIL: October ] 0, 2007
PUBLISHED: October 17, 2007
EFFECTIVE DATE:. This ordinance shall take effect on and be in force five (5) days from
and afrer its passage, approval, and publication as required by law,
or upon the date of a letter to the City from the Washington State
Department of Ecology approving the Shoreline Management
Master Program amendment adopted by this ordinance, whichever
occurs last in time.
ORDINANCE NO.: 2007-16
Page 31