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A. Policies.

1. Public access should be considered in the review of all private and public developments with the exception of the following:

a. Single-family dwelling units; or

b. Where deemed inappropriate due to health, safety and environmental concerns.

2. Developments, uses, and activities on or near the shoreline should not impair or detract from the public’s access to the water.

3. Public access should be provided as close as possible to the water’s edge without causing significant ecological impacts and some portion of access should be designed in accordance with the Americans with Disabilities Act.

4. Opportunities for public access should be identified on publicly owned shorelines. Public access afforded by shoreline street ends, public utilities and rights-of-way should be preserved, maintained and enhanced.

5. Public access should be designed to provide for public safety and comfort and to minimize potential impacts to private property and individual privacy. There should be a physical separation or other means of clearly delineating public and private space in order to avoid unnecessary user conflict.

6. Public views from the shoreline upland areas should be enhanced and preserved. Enhancement of views should not be construed to mean excessive removal of existing native vegetation that partially impairs views, as a healthy shoreline condition includes mature riparian forest.

7. Public access and interpretive displays should be provided as part of publicly funded restoration projects where significant ecological impacts can be avoided.

8. Town parks, trails, and public access facilities adjacent to shorelines should be maintained and enhanced in accordance with town plans.

9. The acquisition of suitable upland shoreline properties to provide access to publicly owned shorelands should be encouraged.

B. Regulations.

1. Shoreline development (including land division into more than four lots, water enjoyment, and water-related and nonwater-dependent uses) which fronts directly on the shoreline shall provide physical public access where any of the following conditions are present:

a. Where a development or use will interfere with an existing public access way. Impacts to public access may include blocking access or discouraging use of existing on-site or nearby accesses;

b. Where the development is proposed by a public entity or on public lands unless such access is shown to be incompatible due to reasons of safety, security, or impact to the shoreline environment or where more effective public access is identified in the town planning documents.

2. For multifamily development and subdivisions of land into more than four parcels, public access need not be provided; however, community access for residents of that development shall be provided.

3. Shoreline development shall minimize impact to public views of shoreline waterbodies from public land or substantial numbers of residences.

4. Public access and views provided by shoreline street ends, public utilities, and rights-of-way shall not be diminished.

5. Public access sites shall be connected directly to the nearest public street or public right-of-way and shall include provisions for physically impaired persons, where feasible.

6. Required public access sites shall be fully developed and available for public use at the time of occupancy of the use or activity.

7. Public access easements and permit conditions shall be recorded as a covenant against the title and/or on the face of a plat or short plat as a condition running simultaneous with the authorized land use. Said recording with the county assessor’s office shall occur prior to permit approval.

8. Easement width shall be 20 feet unless the applicant can demonstrate undue hardship. If undue hardship can be demonstrated, the easement shall be no less than 10 feet wide for emergency access purposes. Minimum width of public access easements shall be 20 feet, or the maximum width determined to be feasible by the applicant (without resulting in undue hardship), whichever is greater.

9. The standard state approved logo or other approved signs that indicate the public’s right of access and hours of access shall be constructed, installed and maintained by the applicant in conspicuous locations at public access sites. Signs may control or restrict public access as a condition of permit approval.

10. Future actions by the applicant, successors in interest, or other parties shall not diminish the usefulness or value of the public access provided.

11. Public access facilities may be developed over water; provided, that all ecological impacts are mitigated to achieve no net loss of ecological functions. [Ord. 580 Att. A § 4.4, 2019.]