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Boating facilities are improvements or modifications that accommodate motorized and nonmotorized boats and include improvements for storing, launching, mooring, and servicing boats. Boating facilities include marinas, community docks serving more than four residential units, other public docks, and community or public boat launches. Boating facility regulations do not apply to private residential docks serving four or fewer residential units, which are addressed separately in BMC 13.11.110, Private residential docks. All boating facilities shall comply with the standards below.

A. General.

1. Over-water residential uses, including houseboats, live-aboards, or other vessels, serving as a dwelling unit, are prohibited in marinas and along private or community docks.

2. Extended mooring for greater than 30 days is prohibited on waters of the state, except at permitted moorage facilities and as otherwise allowed by applicable state regulations (see Chapter 332-30 WAC, RCW Title 79). Adverse impacts to navigation and public access shall be prohibited. A lease or permission from the Washington Department of Natural Resources, Aquatic Resources Division, may need to be obtained for extended mooring outside of permitted moorage facilities (Chapters 43.12 and 43.30 RCW and RCW Title 79).

3. Shoreline improvements and modifications necessary to accommodate boating facilities shall comply with all applicable no net loss provisions of this SMP.

4. Boating facilities shall comply with the use/activity provisions of BMC 13.07.080.

5. Boating facilities shall be located and designed with the minimum necessary shoreline stabilization to adequately protect facilities (see BMC 13.11.150).

6. Removal of sediment that is deposited beneath and interferes with the normal use of moorage facilities shall be governed by BMC 13.11.060.

B. Location Standards.

1. New boating facilities shall not be permitted:

a. In channel migration zones;

b. Where a flood hazard will be created; or

c. Where adverse impacts to shoreline ecological functions and processes cannot be mitigated.

2. Motorized boating facilities proposed after February 6, 2013, are prohibited in North and Swamp Creeks. Nonmotorized boat launches for canoes, kayaks, and other nonmotorized boats may be developed in North and Swamp Creeks subject to these standards.

3. Motorized and nonmotorized boating facilities are allowed on the Sammamish River. Boating facilities are defined as the following:

a. Community docks shared by five or more dwelling units;

b. Marinas, limited to the Sammamish River;

c. Community, public or commercial motorized boat launches, limited to the Sammamish River; and

d. Nonmotorized boat launches.

Over-water piers, constructed as boat moorage, are prohibited on all water bodies. See definition of pier.

4. Boating facilities shall be located at least 50 feet from the mouth of any named or numbered tributary entering the Sammamish River or North and Swamp Creeks.

5. Boating facilities constructed or expanded after February 6, 2013, within wetlands or wetland buffers are prohibited.

6. Boating facilities constructed or expanded after February 6, 2013, shall be located only where adequate utility services and vehicular or pedestrian access are or can be made available.

C. Design Standards.

1. General Over-Water Standards.

a. No skirting is allowed on any over-water structure.

b. Over-water structures shall not include walled structures. Covered structures with roofs are allowed, provided the roof is maintained at least eight feet above the water level and the roof contains translucent materials covering at least 50 percent of the gross roof square footage.

c. Any paint, stain or preservative applied to components of the over-water structure must be leach-resistant, completely dried or cured prior to installation. Materials shall not be treated with pentachlorophenol, creosote, chromated copper arsenate (CCA) or comparably toxic compounds.

d. Lighting associated with over-water boating facilities shall be beamed, hooded, or directed to avoid causing glare on adjacent properties or waters. Illumination levels shall be the minimum necessary for safety and shall be consistent with the city of Bothell exterior lighting regulations contained in BMC 12.14.240.

e. Over-water boating facilities shall be marked with reflectors or otherwise identified to prevent unnecessarily hazardous conditions for water surface users during the day or night. Exterior finish shall be generally nonreflective.

f. Boating facilities shall not create navigation hazards consistent with U.S. Army Corps of Engineers and U.S. Coast Guard standards for navigable water bodies.

g. Float Standards. In addition to specific float standards for community and public docks in subsection (C)(2) of this section and for marinas in subsection (C)(3) of this section, the following general standards apply to all floats that are components of either of those facilities:

(1) Floats shall be decked with grating on all deck surfaces not underlain by float tubs, with a maximum area of float tub of 70 percent of the total float area. The number and area of float tubs shall be minimized to the amount necessary based on design and engineering considerations. Grating shall allow for a minimum of 40 percent light transmission. The city shall also approve other configurations that provide equal or greater effective light transmission.

(2) All float tubs shall be fully encapsulated.

(3) Floats shall at all times float on the water and not rest on the substrate.

2. Community and Public Docks.

a. Allowed elements of a community or public dock consist of a ramp extending from the shoreline to a float or float system, generally oriented parallel to the shoreline to minimize interference with navigation and public use of the river. Long-term moorage per subsection (A)(2) of this section is permitted at community docks; only day moorage is permitted at public docks.

b. Floats shall be no wider than six feet, and shall be oriented parallel to the shoreline.

c. Floats shall project into the Sammamish River no more than 10 feet from the ordinary high water mark measured from the landward edge of the float. The shoreline administrator may allow floats to be positioned up to an additional 10 feet waterward from the ordinary high water mark to reach a depth of three feet to accommodate boat moorage.

d. The maximum length of a community dock shall be determined by the number of residential units served based upon 20 feet of float per unit. In no case shall floats exceed 160 feet in length. The maximum length of a public dock is 30 feet.

e. Docks shall be accessed by one fully grated ramp no wider than four feet and a ramp shall be the minimum length necessary to provide safe access to the float. The length of the ramp and the distance between the float and the OHWM are determined by the height of the bank above the OHWM and the distance waterward of the OHWM needed to place the float at a depth that does not result in grounding on the substrate.

3. Marinas.

a. The primary walkway portions of the marina shall consist of floats no wider than six feet, and shall be oriented parallel to the shoreline. Perpendicular extensions off the walkway shall be no wider than four feet, unless the extension serves two boats, in which case the perpendicular extension may be up to six feet wide.

b. Docks shall be accessed by fully grated ramps no wider than five feet and ramps shall be the minimum length necessary to provide safe access to the float. Depending on shoreline configuration, a marina may have one access ramp for every 150 feet of dock.

c. The length of the ramp and the distance between the float and the OHWM are determined by the height of the bank above the OHWM and the distance waterward of the OHWM needed to place the float and a boat at a depth that does not result in grounding of the float or boat on the substrate or disturbance of the substrate by boat propeller action.

4. Piling.

a. Each float is allowed a maximum of two anchor piles. For community or public docks exceeding 50 feet in length, up to two anchor piles per 50 feet of float length may be used. In all cases, the number of anchor piles shall be the minimum number necessary based upon site-specific engineering and design considerations.

b. Anchor piles shall be a maximum of 12 inches in diameter or dimension.

c. Anchor piles shall not project above the OHWM by more than eight feet.

d. Piles shall not be treated with pentachlorophenol, creosote, CCA or comparably toxic compounds. If ammoniacal copper zinc arsenate (ACZA) pilings are proposed, the applicant will meet all of the best management practices, including a post-treatment procedure, as outlined in the latest edition of the Western Wood Preservers Institute Best Management Practices for the Use of Treated Wood in Aquatic and Sensitive Areas.

5. Community, Public, and Commercial Boat Launches.

a. Boat launches shall comply with the critical area regulations of Chapter 13.13 BMC.

b. Boat launches shall be constructed on existing grade and shall limit fill or dredging to the minimum necessary to accommodate the launch. Excavation or fill of less than 10 cubic yards of materials to accommodate launch placement may be allowed if the grading would enable use of a launch ramp design that is more preferred as outlined in subsection (C)(5)(g) of this section than the method that would be used without the grading.

c. Boat launches shall not protrude more than 20 feet waterward of the ordinary high water mark or five feet beneath the water surface as measured at the ordinary high water mark.

d. Boat launches shall not obstruct existing or proposed public access to and along the shoreline.

e. Boat launches shall retain native vegetation on either side of the launch and any access ramp to associated docks. The shoreline administrator shall have the authority to identify modifications in the site plan to achieve vegetation preservation.

f. Boat launches must be as narrow as feasible to launch the intended watercraft, and extend into the water body no more than necessary.

g. Preferred launch ramp designs, in order of priority, are:

(1) Gravel and cobble materials, or other natural surfacing.

(2) Open grid designs with minimum coverage of substrate.

(3) Pre-cast concrete planks with segmented pads and flexible connections that leave space for natural substrate and can adapt to changes in substrate profile. In all cases, such segmented pads shall be used waterward of the ordinary high water mark.

(4) Concrete is preferred over asphalt.

D. Site Design and Operation.

1. Boating facilities shall be designed so that lawfully existing or planned public shoreline access is not blocked, obstructed or made dangerous.

2. Marinas shall provide physical and/or visual public access, commensurate with the need for security and the scale of the proposal.

3. Best management practices shall be utilized to prevent pollutants associated with upland boat-related service activities, such as boat maintenance and repair, from reaching the Sammamish River. Boat maintenance and repair activities conducted while the boat is moored in the water are prohibited.

4. Except for marinas with a valid boat yard general NPDES permit issued by the Washington State Department of Ecology, the following standards apply to vessel maintenance areas:

a. Maintenance areas shall be sited as far from the water as is practicable, and shall be designed so that all maintenance activities that are potential sources of water or air pollution can be accomplished over dry land, under roof, and in a contained operation; and

b. All drains from maintenance areas must lead to a sump, holding tank, or pump out facility from which the wastes can later be extracted for treatment and/or disposal by approved methods. Drainage of maintenance areas directly into surface or groundwater shall not be allowed.

5. On-site boat fueling facilities are prohibited.

6. Accessory uses at marinas or public boat launches shall be limited to water-oriented uses or accessory uses that support the marina operation. Accessory uses include, but are not limited to, parking, boat storage, nonhazardous waste storage and treatment, storm water management facilities, and utilities where these are necessary to support the water-oriented use.

7. Long-term boat storage located landward of the OHWM is allowed and regulated as a water-oriented commercial use if the development is equipped with a boat launch (either launch ramp, crane, hoist or similar device). Upland boat storage without an on-site facility for launching boats is regulated as a non-water-oriented commercial use under BMC 13.11.050, Commercial development.

8. During development or expansion of marinas and public boat launches, the city may condition boating facility developments to provide landscaping, screening, signage specifications, and other features to assure compatibility with adjacent shoreline development, where such measures do not interfere with the marina and public boat launch use or operation.

E. Waste Disposal.

1. Discharge of solid waste or sewage into a water body is prohibited. Garbage or litter receptacles shall be provided and maintained by the operator at several locations convenient to users. Marinas installed or redeveloped after February 6, 2013, shall provide adequate restroom and sewage disposal facilities (pump out, holding, and/or treatment facilities) in compliance with applicable health regulations. No fuel storage facility or sanitary pump-out station holding tank shall be located over water.

2. Disposal or discarding of fish-cleaning wastes, scrap fish, viscera, or unused bait into water or in other than designated garbage receptacles is prohibited.

3. Marina operators shall post all regulations pertaining to handling, disposal and reporting of waste, sewage, fuel, oil or toxic materials where all users may easily read them.

4. Fail-safe facilities and procedures for receiving, storing, dispensing, and disposing of oil or hazardous products, as well as a spill response plan for oil and other products, shall be required of new marinas and existing marinas proposed for expansion or substantial alteration. Compliance with federal or state law may fulfill this requirement. Handling of fuels, chemicals or other toxic materials must be in compliance with all applicable federal and state water quality laws as well as health, safety and engineering requirements. Rules for spill prevention and response, including reporting requirements, shall be posted on site.

F. Submittal Requirements.

1. Applicants for new or expanded boating facilities shall provide habitat surveys, critical area studies, and mitigation plans as required by BMC 13.09.020, Environmental protection, and Chapter 13.13 BMC, Critical Areas Regulations in Shoreline Jurisdiction, as applicable.

2. The mitigation plan shall discuss how the proposed project avoids and minimizes adverse impacts consistent with the facility’s sizing needs, which are to be based on the results of any habitat survey/critical area study.

3. A slope bathymetry map may be required when deemed beneficial by the shoreline administrator for the review of the project proposal. (Ord. 2112 § 3 (Exh. C), 2013).