23.60A.200

A. In shoreline environments where commercial marinas and recreational marinas are allowed or allowed as a special use or a shoreline conditional use, they shall comply with the standards in the applicable shoreline environment and this Section 23.60A.200 . B. General standards. When new marinas are established or when substantial development occurs at an existing marina the following development standards apply: 1. Marina operators shall develop a best management practices (BMPs) document for marina tenants. This document shall, at a minimum, address the requirements of Section 23.60A.155 and subsection 23.60A.200.B.3. Moorage agreements shall include the BMPs document and a section in the document that states that by signing the moorage agreement the tenant has read and agrees to comply with the BMPs. 2. Marinas shall be operated and managed in a manner to preserve water quality pursuant to Title 22 , subchapter VIII, Stormwater Code, and to protect the public health. The Director shall adopt a rule establishing model BMPs based on Department of Ecology's Resource Manual for Pollution Prevention in Marinas May 1998, Revised 2009 Publication #9811 as a minimum standard. 3. Non-commercial slip-side vessel and floating on-water residence maintenance is limited to: a. Interior vessel and floating on-water residence repair and cleaning, replacement of running gear, and other cleaning and repair activities excluding hull scraping and painting, which is prohibited. b. Twenty-five percent of the exterior of the vessel and floating on-water residence above the deck at any one time; exterior work involving paint, varnish, and other toxic substances below the deck is prohibited. The Director may establish appropriate BMPs based on Department of Ecology's Resource Manual for Pollution Prevention in Marinas May 1998, Revised 2009 Publication #9811 in a Director's Rule. 4. Marinas shall provide restrooms connected to the sewer system for use by any patron of the marina facility. At a minimum, the facilities are required to include one toilet and one washbasin. The Director shall determine the need for the number and type of hygiene facilities needed to reasonably serve the number of slips, percentage of live-aboard and floating on-water residences slips, and the number of transient moorage slips within the marina. 5. Marinas having either more than 3,500 linear feet of moorage or slips large enough to accommodate vessels and floating on-water residences larger than 20 feet in length shall provide a sewage pump-out facility or the best available method of disposing of sewage wastes. 6. In Lake Washington and the Puget Sound overwater projections, boat lifts, and areas used for vessel and floating on-water residence moorage shall be located a minimum distance of 30 feet waterward from the OHW mark or in a minimum water depth of 8 feet, whichever is less to the extent reasonable. In Lake Union and Portage Bay overwater projections, boat lifts, and areas used for vessel and floating on-water residence moorage shall be located a minimum distance of 15 feet waterward from the OHW mark or in a minimum water depth of 8 feet, whichever is less to the extent reasonable. 7. Marinas shall be designed to prevent water stagnation and the need for dredging by creating two openings at the opposite ends so that water and sediment moves through the marina to the extent reasonable. 8. Piers shall be oriented with currents or prevailing winds to prevent trapping surface debris and oily residue to the extent reasonable. 9. Standards for piers and floats are provided in Section 23.60A.187 . C. Additional general development standard for new marinas. New marinas shall be located in areas that have a flushing rate of at least 30 percent per 24 hours. If a flushing rate of 30 percent per 24 hours is not achievable because water flow is controlled by the operation of the Hiram M. Chittenden Locks the flushing rate shall be 30 percent per 24 hours to the extent reasonable. D. Additional general development standards for new recreational marinas 1. Public access for new recreational marinas is required as follows: a. Marinas with a dry land lot depth of less than 35 feet are exempt from the requirement to provide public access under this subsection 23.60A.200.D; b. Marinas providing less than 2,000 linear feet of moorage space and containing only water-dependent or water-related principal uses are exempt from the requirement to provide public access under this subsection 23.60A.200.D. c. For a marina providing less than 9,000 linear feet of moorage space, the minimum public access is an improved walkway 5 feet wide on an easement 10 feet wide leading to an area located at the marina's water frontage, which shall be 10 feet wide and shall provide 10 feet of water frontage for every 100 feet of the marina's water frontage. d. For a marina providing 9,000 or more linear feet of moorage space, the minimum public access is an improved walkway 5 feet wide on an easement 10 feet wide leading to a public walkway 5 feet wide on an easement 10 feet wide located along the entire length of the marina's water frontage. e. Public access is required at publicly owned marinas but no easement is required for publicly owned marinas. 2. Transient Moorage. Recreational marinas shall provide transient moorage as follows: a. When a new recreational marina is established or substantially improved it shall provide transient moorage for recreational vessels at the rate of 40 linear feet of transient moorage space for each 1,000 linear feet of non-transient moorage space in the marina if either: 1) The marina provides 9,000 or more linear feet of non-transient moorage; and 2) The marina is part of a development that includes a restaurant or other use that is not water-dependent or water-related and that operates during evening and weekend hours; or 3) The marina is owned, operated, or franchised by a governmental agency for use by the general public. b. The Director may waive the requirement for transient recreational moorage if the Director finds adequate transient moorage already exists within ¼ mile of the marina. c. Transient moorage for commercial vessels may be required as part of a recreational marina providing more than 9,000 linear feet of moorage if the site is within ¼ mile of commercial facilities generating unmet commercial transient moorage demand. Transient moorage for commercial vessels shall be provided at the rate of 100 linear feet of transient moorage space for each 2,000 linear feet of non-transient moorage space. E. Additional general development standards for commercial marinas. Commercial marinas providing more than 9,000 linear feet of moorage shall provide transient moorage for commercial vessels at the rate of 50 linear feet of transient moorage space for each 1,000 linear feet of non-transient moorage space if the site is within ¼ mile of commercial facilities generating unmet commercial transient moorage demand. F. Commercial and recreational marinas may provide moorage for vessels used as live-aboard vessels and floating on-water residences if the marina meets the following standards, in addition to the general development standards in subsections 23.60A.200.A through 23.60A.200.D: 1. The live-aboard is the type of vessel or floating on-water residence allowed to be moored at the commercial or recreational marina; and 2. The marina provides shower facilities connected to a sanitary sewer that are reasonable to provide good hygiene for the live-aboard residents and floating on-water residents based on the number of live-aboard vessels and floating on-water residences moored at the marina. (Ord. 124750 , § 18, 2015; Ord. 124105 , § 3, 2013.)