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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)].