Chapter 22.09
USE POLICIES AND REGULATIONS

Sections:

22.09.010    Aquaculture.

22.09.020    Boating facilities.

22.09.030    Commercial development.

22.09.040    Forest practices.

22.09.050    Industrial development.

22.09.060    Piers, floats, pilings – Lake Whatcom and Lake Padden.

22.09.070    Piers, floats, pilings within marine shorelines.

22.09.080    Recreational development.

22.09.090    Residential development.

22.09.100    Restoration and conservation.

22.09.110    Roads, railways, and utilities.

The policies and regulations within this chapter shall apply to the specific common uses and types of development to the extent they occur within shoreline jurisdiction. These policies and regulations are intended to achieve no net loss of shoreline ecological function. Each use or development type includes a brief explanation and examples of the subject use, policies which are intended to guide and interpret the accompanying regulations, and then the regulations themselves. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.09.010 Aquaculture.

Aquaculture is the commercial farming or culturing of food fish, shellfish or other aquatic plants and animals in marine waters, estuaries, inlets, lakes, streams and other natural or artificial water bodies. Noncommercial projects and activities that involve the enhancement or restoration of native biota are addressed in BMC 22.09.100, Restoration and conservation. Aquaculture is a preferred water-dependent use and should be encouraged to locate where it is not in conflict with other preferred water-dependent uses and where it includes specific conditions to protect ecological function.

A. Policies.

1. Aquaculture shall not be located in areas where it would be detrimental to the ecological functions and processes of the aquatic system.

2. Aquaculture should only be utilized for shellfish, algal and plant species.

3. Aquaculture for finfish should not be allowed.

4. Aquaculture should not preclude the appropriate use of adjacent uplands.

5. Aquaculture should not interfere with established navigation channels and other water-dependent uses.

B. Regulations.

1. Aquaculture shall not be located in areas where it would be detrimental to shoreline ecological functions and processes of the aquatic system, especially in near-shore areas where water quality, aquatic vegetation and co-occupying species habitats and migration corridors could be impacted.

2. Aquaculture shall meet the applicable requirements of the Washington State Department of Fish and Wildlife for said facilities.

3. Aquaculture shall only be utilized for shellfish, algal and plant species.

4. Aquaculture shall not preclude the appropriate use of adjacent shorelines or be detrimental to visual access of the water body.

5. Aquaculture activities within the city shall not unduly interfere with the navigability of the water body for industrial, commercial or personal watercraft.

6. Specifically, commercial net pens for finfish within the city and/or on or above state-owned aquatic lands are prohibited.

7. Harvest of wild stock free swimming fish, shellfish not artificially planted or maintained in a fishery, and/or harvest of wild stock geoducks on state-owned aquatic lands is not considered aquaculture and does not require a shoreline substantial development permit. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.09.020 Boating facilities.

Boating facilities are water-dependent or water-related uses which are a preferred use on shorelines. Bellingham Bay has a variety of boating facilities that are both privately owned commercial and industrial facilities and those that are available to the general public. Squalicum Harbor and Marina supply the majority of boating facilities within Bellingham Bay. Boating facilities are also located in the Fairhaven area including the Fairhaven Marine Industrial Park, shipyard and boat launch.

Boating facilities can include uses such as marinas (for more than nine motorized craft), shipping and ferry terminals, transient mooring facilities, boat-ramps, gatehouses, upland dry-stack storage, boat construction and maintenance facilities. Shipping terminals, ferry terminals, boat construction and maintenance facilities, and similar activities must also meet the provisions for industrial development, BMC 22.09.050, Industrial development, or BMC 22.09.030, Commercial development, as determined on a case-by-case basis. Small commercial facilities (nine vessels or less) shall also meet the provisions for commercial development. Small noncommercial facilities (nine vessels or less) shall meet the provisions of BMC 22.09.060, Piers, floats, pilings – Lake Whatcom and Lake Padden, and BMC 22.09.070, Piers, floats, pilings within marine shorelines.

A. Policies.

1. New boating facilities should include restoration of ecological functions within the riparian and near-shore environment, especially for migrating salmonids and other aquatic species.

2. New boating facilities should be designed, constructed and managed such that there is no net loss of shoreline ecological function.

3. In order to supply anticipated demand for a 25-year period, new boating facilities should be designed to include upland boat storage facilities where maintenance and adjacent berthing can take place.

4. New boating facilities should provide the maximum amount of public access in a variety of forms. (Trail, view overlooks, transient and hand-carry craft moorage.)

5. New boating facilities should be located in areas where other water-oriented uses presently exist or could be established within close proximity.

6. New boating facilities should minimize the amount of associated parking and impervious surface within the shoreline jurisdiction.

7. New in-water boating facilities should implement mitigation sequencing in order to protect the natural hydrological function of the water body or viability of aquatic organisms, including their growth, reproduction, and migration.

8. New boating facilities should not include covered moorage and boathouses.

9. New boating facilities that require dredging for proper depth and/or removal of contaminated sediments should be consistent with all federal and state requirements for management of contaminated sediments and this section.

10. Existing boating facilities, when retrofitted or as upgrades are necessary, should improve the existing ecological function by minimizing impacts to water quality, restoring hydrologic function and maintaining the viability of aquatic organisms.

B. Regulations.

1. Boating facilities and necessary supporting elements shall comply with the applicable requirements in Chapter 22.08 BMC and this chapter.

2. Boating facilities shall be designed and located in areas that are previously disturbed or where impacts to existing ecological function can be avoided or minimized and there is an opportunity for shoreline ecological function to be re-established and/or restored.

3. Boating facilities shall be designed to provide opportunities for aquatic ecological functions to establish and succeed.

4. In order to supply anticipated demand for a 25-year period, new boating facilities shall be designed to include upland boat storage facilities where feasible in which maintenance and adjacent berthing can take place.

5. Boating facilities shall be designed to provide public access in a variety of forms that draw large numbers of citizens to the shorelines subject to the exceptions in BMC 22.08.090(B)(7), Public access. Access forms (pathway, overlook, beach, kayak launch, etc.) and locations, when applicable, shall be consistent with those specific opportunities identified in the WFG Framework Plan and the City of Bellingham Park, Recreation and Open Space Plan (2005) or the Waterfront District Master Plan, upon adoption.

6. Boating facilities shall be designed such that adjacent water-oriented uses are not compromised or adversely impacted including proximity to waters that have appropriate depth for water-dependent commercial and industrial uses, and physical and visual access to the shoreline for the general public is provided and/or enhanced.

7. New boating facilities shall include opportunities for transient moorage and motorized and hand-carry craft launch.

8. Boating facilities should be managed consistent with the Department of Ecology document titled “Resource Manual for Pollution Prevention in Marinas,” May 1998, Publication No. 9811.

9. Boat ramps and other launching facilities shall be designed and constructed such that they result in no net loss of shoreline ecological function and shall not conflict with existing or planned public access opportunities.

10. Parking areas associated with boating facilities shall minimize the amount of associated parking and impervious surface within the shoreline jurisdiction and should not disrupt planned public access or habitat restoration objectives. Required ADA parking and personal loading/unloading areas shall be permitted within shorelines but not within a required buffer.

11. Boating facilities which require new or replacement of existing shoreline modification or stabilization shall comply with the applicable requirements in BMC 22.08.120, Shoreline modifications/stabilization. Armoring shall use bioengineering and soft-shore techniques unless heavy wave action, tidal influence or currents would compromise the integrity of said nonstructural technique.

12. Over-water boathouses shall not be allowed in new boating facilities.

13. Parking ratios for marinas shall be a minimum of 0.5 parking spaces for each new moorage slip unless a lower ratio can be demonstrated to supply anticipated demand. Parking areas for vehicles and boat trailers for boat launch/ramps shall be based upon an analysis of demonstrable need submitted by the applicant and determined by the director. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.09.030 Commercial development.

Commercial development on the shorelines should be designed to bring large numbers of citizens to the shoreline.

A. Policies.

1. Commercial development should be designed and constructed in such a manner as to result in no net loss of ecological function including implementation of low impact development techniques to the maximum extent feasible.

2. Where necessary depth for commercial or recreational vessels is adjacent, water-dependent commercial development should be given priority over commercial water-related and water-enjoyment uses.

3. Where necessary depth for commercial vessels is adjacent, water-oriented commercial development should maximize physical and/or visual public access opportunities to the shorelines.

4. Public access, as specified above, should not be provided where it is demonstrated to conflict with the intended use for reasons of safety, security, or carrying out the use itself.

5. When public access to the shorelines is provided as an element of a commercial development, it should not adversely impact the ecological function of the shoreline.

6. Non-water-oriented uses should utilize existing structures on the south side of the Whatcom Waterway between the historic GP log pond and Roeder Avenue subject to a specified lease or length of operation limitation.

7. Non-water-oriented commercial uses within certain areas of the Waterfront District shoreline designation specifically identified in BMC 22.03.030(F)(4)(a) and (b), Shoreline environmental designations, should be allowed to locate and operate on a temporary basis within existing structures.

8. Where necessary depth for commercial vessels is not viable, water-related and water-enjoyment commercial development should take advantage of its shoreline location by locating and designing the use to bring a large number of citizens to the shorelines.

9. Where necessary depth for commercial vessels is not viable, including along freshwater systems, non-water-oriented commercial development should provide public access to the shoreline provided it does not impact the riparian and ecological function of the shoreline and should include restoration of the riparian and near-shore zones whenever feasible.

B. Regulations.

1. Water-dependent commercial development shall not interfere with or compromise the operation of existing adjacent water-oriented development or decrease opportunities for the general public to access adjacent shorelines.

2. Water-oriented commercial development shall provide opportunities for the public to access the shoreline adjacent to the subject use. Where public access has already been provided as part of a prior project or action, said use shall be designed and constructed to be oriented towards the shoreline. (“Oriented towards the shoreline” means that the active space for customers and passersby is facing or directed towards the shoreline. Active space does not include service entries or load/unload areas.)

3. Non-water-oriented commercial uses shall provide opportunities for the general public to access the shoreline or to access an existing or proposed adjacent public access amenity as required per Chapter 22.03 BMC and the standards in BMC 22.08.090, Public access. (For example, provide a link to a view overlook, trail, park or open space, recreation area or public access easement.)

4. Non-water-oriented commercial uses that are located on shorelines where necessary depth for commercial vessels is not available shall be required to improve the existing ecological function consistent with the applicable requirements in Chapter 22.03 BMC and as specified in Chapter 22.08 BMC.

5. Commercial development shall implement a range of low impact development techniques to minimize the impacts on riparian, near-shore and upland areas.

6. Parking for commercial uses on marine shorelines shall not be located between the development and the shoreline. Required parking for ADA and personal load/unload zones are allowed within shorelines but not within a required buffer.

7. Parking for commercial uses on freshwater shorelines shall not be permitted between development and the shoreline. Required parking for ADA and personal load/unload zones are allowed within shorelines but not within a required buffer.

8. Non-water-oriented commercial uses located on shorelines shall be designed and oriented towards the shoreline. It is not required that the only main entrances to buildings and uses must be oriented towards the shoreline, but there shall be opportunities for employees and patrons to enjoy the shoreline location.

9. Non-water-dependent loading and service areas shall not be located between the shoreline and the development.

10. Commercial development shall implement site lighting techniques that minimize the amount of spill-over into riparian and aquatic environments. These techniques shall include but are not limited to reduction of pole heights and locations, fixture designs including shading/shielding devices, bulb types and reduced wattages.

11. Non-water-oriented commercial uses shall not be located on shorelines when adjacent to waters that have necessary depth for commercial or recreational vessels unless they meet at least one of the criteria below:

a. The commercial use is part of a shoreline mixed-use project that includes a water-dependent use;

b. The proposed use is within the waterfront district shoreline designation and specifically identified in BMC 22.03.030(F)(4)(a) and (b), Shoreline environmental designations;

c. The commercial use is within the shoreline jurisdiction but physically separated from the shoreline by a significant, separate property, public right-of-way, railroad right-of-way, or existing conforming use; and

d. The proposed is located in Reach 10 or 12 having an urban conservancy shoreline designation. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.09.040 Forest practices.

Forest practices within the city along shorelines would occur as a conversion of forested areas to a certain level of urban development (Class IV – General per the Forest Practices Act, Chapter 76.09 RCW).

A. Policies.

1. Forested areas within shorelines should be preserved and protected.

B. Regulations.

1. Conversion of forested areas to urban development shall implement the mitigation sequencing as specified in BMC 22.08.020, Mitigation sequencing.

2. Forest practices for the sole purpose of timber harvesting shall not be allowed in shorelines.

3. Any forest practice activity on shorelines of statewide significance shall comply with RCW 90.58.150. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.09.050 Industrial development.

The Bellingham waterfront has three federal shipping channels that are intended specifically for water-borne commerce and industry. Water-dependent industrial uses are preferred and encouraged within these shoreline areas.

A. Policies.

1. Where necessary depth for industrial uses is adjacent, water-dependent industrial development should be given priority over water-related industrial uses; provided, however, that in both instances they do not conflict with planned or existing public access and habitat restoration.

2. Expansion or redevelopment of water-dependent industrial facilities and areas should be encouraged, provided it will not create a net loss of shoreline ecological function and processes.

3. New water-dependent industrial development should incorporate physical and/or visual public access to the water except when such access causes significant interference with operations or hazards to life or property.

4. Water-dependent industrial uses located on property in public ownership should provide public access to the shoreline whenever feasible provided the requirements in BMC 22.08.090, Public access, are met.

5. Water-dependent industrial development and redevelopment should be consistent with all of the following: Waterfront Futures Group Framework Plan, Bellingham Bay Demonstration Pilot Project Comprehensive Strategy and Land Use Documentation Report and the Port of Bellingham’s Comprehensive Scheme of Harbor Improvements, where applicable.

6. On upland industrial sites, environmental cleanup and/or remediation should be implemented to serve a variety of future land uses.

7. Water-dependent industrial development should be located only on shorelines where commercial navigability is adjacent to the proposed use.

8. Water-dependent and water-related industrial redevelopment is encouraged. Water-related uses should not adversely impact the shoreline ecological function or critical areas and should provide access to the general public.

9. New non-water-oriented industrial development should only be allowed on shorelines in conjunction with or in support of permitted uses and said uses should provide public access to the adjacent shoreline.

10. New water-dependent or water-related industrial uses should, when feasible, take advantage of and utilize legally established existing industrial facilities.

B. Regulations.

1. Water-dependent and water-related industrial uses shall comply with the applicable requirements in this title.

2. Water-dependent and water-related industrial development shall not degrade the ecological function of the shorelines or disrupt existing or proposed public access amenities.

3. Where shoreline stabilization or in-water structures are required to establish a water-dependent industrial use, the requirements in BMC 22.08.120, Shoreline modifications/stabilization, shall apply as well as the following:

a. Improve existing ecological function especially viability for migrating salmonids and other aquatic species.

b. Manage and/or remediate contaminated sediments in accordance with state and federal laws.

c. Provide public access to the water body where safety and operation of use are not compromised.

d. Minimize shading and water surface coverage.

4. Water-dependent and water-related industrial uses shall provide public access to the shoreline per the standards in BMC 22.08.090, Public access, provided said access does not compromise the integrity or operation of the use, does not threaten the safety and welfare of the general public and does not interfere with an existing adjacent use.

5. On upland industrial sites, environmental remediation shall be consistent with applicable state and federal laws.

6. Water-dependent industrial development shall occur only on shorelines where commercial navigability is adjacent to the proposed use.

7. Any type of industrial development on shorelines shall implement a range of low impact development techniques to minimize the impacts on riparian and near-shore environments and upland areas.

8. Non-water-oriented industrial uses (located along freshwater shorelines) shall provide adequate landscape screening from shoreline areas, especially where public trails and/or access is existing or proposed.

9. Parking areas required for industrial development shall not be located between shorelines and development unless said parking is inherent to the use itself, and not accessory or employee parking.

10. Industrial development shall minimize site lighting per the requirements in this chapter.

11. Non-water-oriented industrial uses shall not be located on shorelines when adjacent to navigable waters unless they meet at least one of the criteria below:

a. The use is part of a shoreline mixed-use project that includes a water-dependent use;

b. The use is within the shoreline jurisdiction but physically separated from the shoreline by a significant separate property, public right-of-way, or existing use; or

c. The use is located within the waterfront district shoreline mixed use designation and subject to the use allowances in BMC 22.03.030(F), Shoreline environmental designations. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.09.060 Piers, floats, pilings – Lake Whatcom and Lake Padden.

A. Regulations. In addition to the policies and requirements in BMC 22.08.150, In-water structures, the following shall apply to piers, floats and pilings within the waters of Lake Whatcom and Lake Padden:

1. Piers shall not exceed a width of four feet.

2. Piers on Lake Whatcom shall not exceed the average length of five piers on either side located within an area having the same or similar bottom profile; provided, overall pier and float length shall not be greater than necessary to reach a water depth of 30 inches measured at elevation 311 feet MSL or an equivalent depth to provide a safe distance from the bottom for the intended vessel.

3. Piers on Lake Padden shall be of a length sufficient to provide safe depth for swimming, diving, or boat access; provided, overall pier and float length shall not be greater than necessary to reach a water depth for the intended purpose.

4. Floats including supports, decking and flotation device shall not exceed dimensions of eight feet by 16 feet (or the equivalent area) and shall be designed and installed with maximum of 60 percent of water surface coverage. Trex, Sundeck, Gator-Decking, Thru-flow panels or steel grating are examples of preferred materials for floats.

5. All float materials including supports, decking and flotation devices shall not include the use of any preservative treatment including but not limited to: creosote, arsenic, pentachlorophenol and ACZA (ammoniacal copper zinc arsenate). Note: Staff continues to research this issue as information is released from EPA and as recommended by professionals from in-water construction contractors. This research will yield a completed list of prohibited treatments. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.09.070 Piers, floats, pilings within marine shorelines.

A. Regulations. In addition to the requirements in BMC 22.09.060, Piers, floats, pilings – Lake Whatcom and Lake Padden, the following shall apply to piers, floats, and pilings within protected marine waters:

1. Piers, floats and pilings shall be required to adhere to the mitigation sequencing in BMC 22.08.020, Mitigation sequencing, and requirements in Chapter 22.08 BMC and this chapter.

2. Piers including gangways shall be designed with the smallest amount of water surface area coverage practical when they are located on or above the water surface between the OHWM and the elevation of -10 feet mean lower low water (MLLW).

3. Piers shall be open and available to the public for access subject to the exceptions in BMC 22.08.090(B)(7), Public access.

4. Piers, floats and gangways, when located within or over a critical area, shall be designed with the minimum necessary water-surface coverage in order to provide safe access to and from floats and piers for public and private access including ADA compliance, buoyancy, loading and vessel protection.

5. New pilings, support beams, decking and floats shall not be constructed with products such as creosote, arsenic, pentachlorophenol and Styrofoam. Floats shall not be located in water between the OHWM and -10 feet MLLW unless no feasible alternative exists. Existing floats located at negative eight feet MLLW may be maintained and replaced provided a minimum of two feet of clearance from the seafloor is provided at extreme low tides.

6. Floats including extensions, laterals and finger floats shall utilize the best available and feasible technology and design standards for decking, grating, support structures and framing such that safe access, loading capacities, buoyancy and maintenance are not compromised.

7. Pilings shall be steel or concrete. The piling systems shall be designed to minimize as practical and feasible the cumulative area of piling system in contact with bedlands necessary to retain structural integrity of the intended use.

8. When ACZA treated materials or other materials approved by federal or state agencies are used, “BMP’s for the use of treated wood in aquatic and other sensitive environments” (August 1, 2006) shall be implemented.

B. Regulations. In addition to the requirements in BMC 22.09.060, Piers, floats, pilings – Lake Whatcom and Lake Padden, the following shall apply to piers, floats, and pilings within unprotected marine waters between the elevation of the OHWM and -15 feet MLLW:

1. Piers, gangways and floats that are over or within the subject waters shall be configured to be perpendicular or as near as possible to perpendicular to upland areas unless a different configuration is required for ADA or public access purposes or due to physical constraints.

2. Piers and gangways shall be designed with the maximum amount of grating to allow for light penetration while providing safe access including ADA compliance and sufficient loading capacity and considering safe access to and from floats and piers for public and private access including buoyancy, loading and vessel protection. Floats shall be configured such that they are not located within zero feet to -10 feet MLLW within the subject unprotected water-areas specified above unless no other feasible alternative exists.

3. Floats shall be designed to provide the maximum amount of light penetration while providing safe access including ADA compliance and addressing demands for buoyancy, loading and impacts of wave, tidal and current energy.

4. Pilings shall be steel or concrete. The piling systems shall be designed to minimize as practical and feasible the cumulative area of piling system in contact with bedlands necessary to retain structural integrity of the intended use.

5. When ACZA treated materials or other materials approved by federal or state agencies are used, “BMP’s for the use of treated wood in aquatic and other sensitive environments” (August 1, 2006) shall be implemented. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.09.080 Recreational development.

Water-oriented recreational development can include but is not limited to parks, trails, open spaces, beaches, boat or other watercraft rentals, fishing piers, aquariums, view platforms and over-water boardwalks.

A. Policies.

1. Water-oriented recreational development is encouraged on shorelines provided it results in no net loss of ecological function and is a preferred use along shorelines of statewide significance (Bellingham Bay and Lake Whatcom).

2. Water-oriented recreational development on the shorelines should be consistent with the 2006 Comprehensive Plan and the City of Bellingham Park, Recreation and Open Space Plan (2005) in terms of satisfying future demand and design.

3. Water-oriented recreational development should take precedence over non-water-oriented recreational uses. Specifically:

a. Recreational development should not degrade the physical characteristics of the shoreline in terms of overall ecological function of the shoreline areas;

b. Recreational development should be consistent with the City of Bellingham Comprehensive Plan and of the City of Bellingham Park, Recreation, and Open Space Plan (2005) to provide a variety of recreational needs and opportunities;

c. Wherever possible, shoreline recreational facilities should be linked to other adjacent recreational attractions by pedestrian and/or bicycle trails; and

d. Recreational development, where applicable, should include interpretive displays describing cultural, historical and scientific information.

4. Non-water-oriented recreational development uses should not be located on shorelines.

B. Regulations.

1. Water-oriented recreation facilities shall be located and designed such that there is no net loss of shoreline ecological function.

2. Development of water-oriented recreation facilities shall comply with the mitigation sequencing specified in BMC 22.08.020, Mitigation sequencing.

3. Water-oriented recreation facilities proposed in or over marine waters shall comply with the applicable requirements in this title.

4. Development of water-oriented recreation facilities shall not occur within areas designated as SMA floodways.

5. Development of recreation facilities shall implement, where applicable, the elements within the City of Bellingham Park, Recreation and Open Space Plan (2005), the Waterfront Futures Group Framework Plan and the Waterfront District Master Plan, upon adoption.

6. Recreational development shall be oriented towards the shoreline, shall provide the maximum possible amount of public access to the shoreline, and shall be subject to the applicable requirements in BMC 22.08.090, Public access.

7. Non-water-oriented recreational use should not be located on shorelines unless it complies with the applicable standards in Chapter 22.03 BMC. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.09.090 Residential development.

Residential development includes subdivisions of large parcels, multifamily housing and condominiums and single-family residences. Under the Shoreline Management Act, owner occupied single-family residences are a preferred use on the shorelines. However, residential uses can cause significant damage to the shoreline area through cumulative impacts resulting from vegetation loss, shoreline armoring, increased amount of impervious surfaces and resulting stormwater runoff, septic system failure, and additional vehicular trips.

A. Policies.

1. Development of residential units should result in no net loss of ecological function.

2. Any residential development along the shoreline should be set back from steep slopes and eroding shoreline areas so that the shoreline is not further eroded nor structural improvements required to protect property.

3. In cases where either large tracts are subdivided into single-family residential parcels or where contiguous individual building sites are developed for single-family residences, common public access areas and one joint-use dock should be developed for the use of residents of the subject subdivision.

4. Design of residential development should include preservation of existing native vegetation to the greatest extent possible.

5. Residential development should be designed to minimize the amount of impervious area and should utilize low impact development techniques to the greatest extent practicable (e.g., permeable pavers, stormwater infiltration and filtration).

6. New multi-unit residential development and the subdivision of land into more than five parcels should incorporate into the overall design planned public access amenities that are specified within the City of Bellingham Park, Recreation and Open Space Plan (2005) whenever feasible.

7. When multifamily residential units are developed in commercial or industrial areas (including town-homes and condominiums) said residential units should not be located on the ground floor.

8. New over-water residences, including floating homes, are not a preferred use and should not be permitted.

B. Regulations.

1. When two or more undeveloped single-family legal building sites are contiguous within shorelines, only a single joint-use dock with a common access easement is permitted for use by those two or more residential units.

2. For new multi-unit residential development, one single joint-use dock shall be allowed for the entire development.

3. In instances where new multifamily residential uses block the view of shoreline areas from a substantial number of citizens, public access shall be provided between the development and the shoreline for the general public.

4. Where multifamily residential development occurs on shorelines as part of a mixed use, public access shall be provided between the development and the shoreline for the general public per the requirements in BMC 22.08.090, Public access.

5. Where residential development occurs on shorelines as part of a mixed-use development, said residential development shall not occur on the ground floor.

6. Where public access has already been provided as part of a prior action between the shoreline and a development or existing building, additional public access is still required but the form and function of that access shall be analyzed, reviewed and approved on a site-by-site basis and per the requirements in BMC 22.08.090, Public access.

7. Upon redevelopment of single-family residences, particularly within the Lake Whatcom watershed, the applicable requirements within Chapters 16.80 and 22.08 BMC shall apply.

8. New bulkheads or other structurally engineered shoreline armoring techniques in conjunction with new residential development shall not be permitted unless otherwise specified in Chapter 22.08 BMC.

9. Over-water residences including floating homes (not including live-aboard vessels such as houseboats, sailboats or yachts within approved port marina facilities) are prohibited regardless of shoreline designation.

10. Live-aboard vessels are prohibited except where allowed in approved port marina facilities.

11. Public access for the general public is not required on private property between development of one single-family residence and the abutting shoreline. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.09.100 Restoration and conservation.

Restoration is the improvement or re-establishment of impaired ecological shoreline processes or functions. This may be accomplished through measures including but not limited to: amending soils, planting native vegetation, removing derelict shoreline structures, removing or treating toxic materials, enhancing or restoring native species, and re-sloping banks within near-shore or riparian areas. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions (Chapter 173-26 WAC). The citywide objective of restoration is to achieve a net gain in ecological function within each watershed.

A. Policies.

1. The primary objectives of restoration projects should be to protect and restore natural processes controlling environmental factors.

2. The Nooksack Tribe, Lummi Nation, Corps of Engineers, Washington Department of Ecology, and the Washington Department of Fish and Wildlife and other appropriate resource agencies should be included at the beginning of the design and development stages of a restoration project or plan.

3. The goals of the restoration plan in Appendix B should be considered for all restoration and conservation projects as well as the Restoration Opportunities within the Functional Analysis of the subject reach in the 2004 Shoreline Characterization and Inventory.

4. Restoration and conservation may take place as a stand-alone project or as a required element of a larger development proposal. In either case the following should be achieved as is feasible:

a. Non-native vegetative species should be eliminated and soil amendments should be made including mulching to help establish new native vegetation;

b. Installation of native vegetation should be an appropriate mix of deciduous, conifer, under-story and groundcover species that are capable of achieving substantial water body shading, provide food sources for a variety of species, enhance and connect to habitat corridors and slow movement of groundwater and sheet-flow towards the water body;

c. Introduction of LWD to the water body should not adversely impact fish passage or hydrologic function; and

d. Design and implementation of restoration projects that alter the location of the OHWM should not negatively impact abutting or proximate (third party) property owners, compromise the integrity or threaten the loss of existing structures, transportation routes, public access areas or cause significant additional erosion.

B. Regulations.

1. Restoration projects that are within critical areas, shorelines or their required buffers are permitted subject to the applicable requirements within this title.

2. Restoration projects that achieve the objectives within the restoration plan (Appendix B) shall have priority over other restoration projects.

3. Whenever feasible, restoration projects that have been identified in the Bellingham Bay Demonstration Pilot Project Comprehensive Strategy and Habitat Documentation Report shall be implemented as required as development occurs within or adjacent to those areas specified.

4. Whenever feasible, restoration opportunities specified in the WFG Framework Plan and within the “Early Action Items” shall be implemented as required as development occurs within or adjacent to those areas.

5. Future restoration plans that are developed shall include input and coordination from federal, state and local agencies and governments with jurisdiction as well as special interest and nonprofit groups, private firms and the general public.

6. Restoration projects that include structural modification or stabilization shall first consider bioengineered techniques as specified in BMC 22.08.120, Shoreline modifications/stabilization.

7. Restoration projects shall be designed such that there are no adverse impacts on ecological resources or functions within the same watershed or sub-drainage.

8. Restoration projects shall include a maintenance and monitoring plan financial surety that includes a guarantee and/or contingency plan when said project does not achieve its intended objective.

9. Restoration projects shall take into consideration existing and lawfully erected structures and developments such that their safety is not compromised. Restoration projects shall not conflict with existing utilities, roadways and public access points unless those functions can be relocated such that the public benefit remains the same or is improved.

10. Restoration projects that change the location of the OHWM and thereby alter land areas within shoreline jurisdiction shall comply with the following:

a. The restoration plan shall be reviewed and approved by the Department of Ecology Bellingham Field Office and the director of the planning and community development department.

b. Property owners that would have all or portions of their property encumbered by new shoreline jurisdiction or new shoreline buffers as a result of a restoration project shall be provided with proper notice prior to approval of the project as stated in subsection (B)(10)(a) of this section.

c. Where pre-restoration buffer and setback standards are established as specified in BMC 22.08.010(B)(5), Shoreline buffers, the responsible party shall survey the buffer and record it against the title of the subject property(s). Said buffer shall also be marked in the field by an appropriate means. All subsequent development shall conform to the pre-restoration buffer. This requirement also applies to restoration that is a required element of a shoreline permit and as specified in subsection (B)(10)(e) of this section.

d. When restoration occurs abutting a developed property that is presently nonconforming, the requirements in subsection (B)(10)(c) of this section shall apply, and all subsequent development shall comply with BMC 22.05.040, Nonconformity.

e. Restoration projects shall be designed to provide at least the minimum functions necessary for the given objectives of the project and shall be consistent with the Functional Analysis for the subject reach per the 2004 Shoreline Characterization and Inventory. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.09.110 Roads, railways, and utilities.

Roads, railways and utilities are necessary to provide efficient public circulation and the shipment of goods and services. These transportation circuits can include but are not limited to roads, highways and interstates, rail lines and spurs, public service water and sewer mains, power generation, transmission and distribution facilities, and wireless communication facilities.

A. Policies.

1. All new roadways, arterials, utilities and railways (which by definition include expansions of these systems) should be designed and located to minimize impacts to shoreline ecological function including riparian and near-shore areas, channel migration zones and the natural landscape.

2. Location and design of new roadways including arterials should not compromise existing and planned shoreline public access and existing and planned habitat restoration and enhancement.

3. New roadways including arterials, when necessary to be located within shorelines, should be designed in such a manner that the minimum width of travel-way for vehicles is provided and that an appropriate amount of travel-way is devoted to the pedestrian and/or multi-modal forms of transportation. In this case, “appropriate” is determined on a case-by-case basis with consideration given to achieving a no net loss of shoreline ecological function, proximity and connection to existing and planned multi-modal travel routes and existing or planned shoreline public access.

4. New roadways, especially arterials, should not be located parallel to shorelines. When new roadways, including arterials, are necessary to be located parallel to the shoreline due to topographic or parcel dimension constraints or due to existing structures such as buildings and railways or planned public facilities, said roadway should be designed to be the minimum length necessary to serve a circulation function for vehicular modes of travel.

5. When it is required for new roadways including arterials to be located within a critical area and/or its required buffer, the absolute minimum necessary amount of improved right-of-way should be developed.

6. New roadways including access roads and driveways associated with a permitted use should be the minimum necessary to serve the required access function.

7. New roadways including arterials should be designed and constructed to implement a range of available low impact development techniques.

8. Utilities for the delivery of services and products such as but not limited to public sewer, water and storm mains and services, pipelines, power and transmission facilities should be located outside of shorelines (or placed underground), and critical areas and their associated buffers unless intended specifically for a permitted use.

9. Whenever feasible, utilities should be co-located within existing right-of-way corridors.

10. Utilities within shorelines should be under-grounded and their visual impact minimized to the extent feasible.

11. Installation of utilities including maintenance and expansion of existing utilities should improve the project area from its original condition via native vegetation management, screening and aesthetic improvements, or providing public access to the shoreline when practical.

12. All structures associated with railroads or railways should be constructed such that they do not compromise the public’s health, welfare, or ability to access the shoreline safely.

13. Circulation systems that have an interface with an established or proposed railway corridor should be coordinated such that the general public’s health, welfare, and safety is the highest priority.

B. Regulations.

1. New roadways, utilities and railways shall mitigate their impacts such that the result is a no net loss of shoreline ecological function.

2. New roadways, utilities and railways shall comply with the applicable requirements in Chapters 22.04 and 22.08 BMC and the submittal requirements as specified in Chapter 22.06 BMC.

3. When existing roadways, utilities or railways must be expanded and are presently located within shorelines or a required buffer, there shall be no net loss of shoreline ecological function including impacts to channel and near-shore migration.

4. Design and location of new roadways shall not compromise existing or planned public access improvements and existing or planned habitat restoration and enhancement.

5. New roadways, especially arterials, when located within shorelines and/or required buffers, shall have the minimum amount of travel-way devoted to vehicular and truck traffic in order to serve a circulation function, and an appropriate amount of improvements devoted to pedestrians and/or multi-modal forms of transportation.

6. New roadways, especially arterials that are necessary to be located parallel to the shoreline due to topographic or parcel dimension constraints or due to existing structures such as buildings and railways or planned public facilities, shall be designed to have the minimum length necessary to serve a circulation function.

7. New roadways or utilities that must cross a shoreline shall first demonstrate that there is no feasible alternative. If there is no feasible alternative, said roads and/or utilities shall be designed to cross at or as near to a perpendicular angle and shall not be greater than 30 feet in width in order to minimize the potential impacts to shoreline ecological function including but not limited to downstream movement of LWD and gravel/cobble/sediment and shoreline and stream meander. Said crossings shall be designed according to the technical manuals for such features published by the Washington State Department of Fish and Wildlife and the National Marine Fisheries Service.

8. Public parking on new roadways is not permitted within any required buffer.

9. Access roads and/or drive lanes for water-dependent or water-related uses are allowed within required buffers and shall be designed to be the minimum width necessary and as perpendicular to the shoreline in order to serve an access function.

10. New utilities shall avoid critical areas to the maximum extent feasible.

11. Where new public or private utilities must cross a shoreline, the applicant shall demonstrate that boring underneath the shoreline including the hyporheic zone and outside of the CMZ cannot be achieved.

12. New utilities when necessary to be located within shorelines shall be located underground. This requirement does not include a water-dependent generation or transmission facility such as a desalination plant, bio-diesel facility, water-intake or pump/lift stations.

13. New utility systems should be co-located with other existing or planned utilities, roadways and/or railways and/or placed within already disturbed or impacted corridors whenever possible.

14. New utilities, when necessary to be located parallel to shorelines in a declining or downhill riparian area, shall not be located within any required buffer unless a critical area report and analysis can demonstrate that there is no net loss to shoreline ecological function and the net environmental result is positive.

15. Where new utilities are necessary within shorelines, the installation area shall be improved from its pre-existing condition. This requirement shall not apply when there is an overriding need for the general public to have the ability to access the shoreline in the same location as specified by the parks and recreation department.

16. New railways shall be designed and located such that they do not compromise the general public’s ability to access the shoreline safely.

17. New railways that have an interface with existing or planned circulation systems shall be designed such that the general public’s safety is the highest priority.

18. Cell towers are a non-water-oriented use and are prohibited within shorelines. [Ord. 2013-02-005 § 2 (Exh. 1)].