(a) Any development or use that creates increased demand for public access to the shoreline shall provide public access to mitigate this impact.

(b) Any development or use that interferes with an existing public access way shall provide public access to mitigate this impact. Developments may not interfere with accesses on their development site by blocking access or by discouraging use of existing on-site or nearby accesses.

(c) Uses and developments that utilize public harbor lands or aquatic lands, or that are developed with public funding or other public resources.

(d) A use that is not a priority use under the Act, and all non-water-dependent development and uses.

(e) Developments of any non-single-family development or use, or more than four single-family residential lots or single-family or multifamily dwelling units, including subdivision, within a proposal or a contiguously owned parcel.

(f) Any use of public aquatic lands, except as related to single-family residential use of the shoreline.

(g) Publicly financed or subsidized flood control or shoreline stabilization measures.

(a) The public access area shall be designed to be a comfortable and safe place to visit.

(b) Proximity to Water’s Edge. Public access shall be provided as close as possible to the water’s edge to provide the general public with opportunity to reach, touch, view, and enjoy the water’s edge and shall be as close horizontally and vertically to the shoreline’s edge as feasible; provided, that public access does not adversely affect sensitive ecological features or lead to an unmitigated reduction in ecological functions.

(c) Walkways or Trails in Critical Areas. Public access on sites where vegetated open space is provided along the shoreline may consist of a public pedestrian walkway roughly parallel to the ordinary high water mark of the property. The walkway shall be buffered from sensitive ecological features, may be set back from the water’s edge, and may provide limited and controlled access to sensitive features and the water’s edge where appropriate. Fencing may be provided to control damage to plants and other sensitive ecological features and where appropriate. Trails shall be constructed of permeable materials, when feasible, and limited to five feet in width to reduce impacts to ecologically sensitive resources, except for portions of the walkways or trails designed for ADA access.

(d) Access Requirements for Sites without Critical Areas. Public access on sites or portions of sites not including vegetated open space, such as water-dependent uses, shall include not less than 10 percent of the developed area within shoreline jurisdiction or 3,000 square feet, whichever is greater, on developments including non-water-dependent uses. For water-dependent uses, the amount and location may be varied in accordance with the criteria in subsection (10) of this section. Public access facilities shall extend along the entire water frontage, unless such facilities interfere with the functions of water-dependent uses. The minimum width of public access facilities shall be 10 feet and shall be constructed of materials consistent with the design of the development. Facilities addressed in the city transportation plan shall be developed in accordance with the standards of that plan.

(e) Access Requirements for Over-Water Structures. Public access on over-water structures on public aquatic lands shall be provided and may include common use of walkway areas.

(f) Connections. Public access shall be located adjacent to other public areas, accesses, and connecting trails where feasible and connected directly to the nearest public street and shall include provisions for handicapped and physically impaired persons, where feasible.

(g) Parking Requirements. Where public access is within 400 feet of a public street, on-street public parking shall be provided where feasible. For private developments required to provide more than 20 parking spaces, public parking may be required in addition to the required parking for the development at a ratio of one space per 1,000 square feet of public access area up to three spaces and at one space per 5,000 square feet of public access area for more than three spaces. Parking for public access shall include the parking spaces nearest to the public access area and may include handicapped parking if the public access area is handicapped accessible.

(h) Planned Trails. Where public trails are indicated on the city’s transportation, park, or other plans, trails shall be provided within shoreline and nonshoreline areas of a site.

(i) Privacy. Public access shall be designed to provide for public safety and to minimize potential impacts to private property and individual privacy by avoiding locations adjacent to residential windows and/or outdoor private residential open spaces or by screening or providing a physical separation or other means of clearly delineating public and private space in order to avoid unnecessary user conflict.

(j) Public Access Required for Occupancy. Required public access sites shall be fully developed and available for public use at the time of occupancy of the use or activity or in accordance with other provisions for guaranteeing installation through a monetary performance assurance.

(k) Easement Recorded. Public access permit conditions on private land shall run with the land and shall be recorded via a legal instrument such as an easement, on the deed of title and/or a dedication on the face of a plat or short plat as a condition running contemporaneous with the authorized land use, at a minimum. Said recording with the county auditor’s office shall occur prior to building occupancy or filing of a final plat, whichever comes first.

(l) Maintenance Responsibility. Maintenance of the public access facility shall be the responsibility of the owner unless otherwise accepted by a public or nonprofit agency through a formal recorded agreement. Public access facilities shall be maintained over the life of the use or development. Future actions by successors in interest or other parties shall not diminish the usefulness or value of required public access areas and associated improvements.

(m) Hours of Access. Public access facilities shall be available to the public 24 hours per day unless an alternate arrangement is granted though the initial shoreline permitting process for the project. Changes in access hours proposed after initial permit approval shall be processed as a shoreline conditional use.

(n) Signage Required. The standard state-approved logo or other approved signs that indicate the public’s right of access and hours of access shall be installed and maintained by the owner in conspicuous locations at public access sites. Such signs shall be posted in conspicuous locations on public access sites and at the nearest connection to an off-site public right-of-way.

(o) Development uses and activities shall be designed and operated to avoid adversely interfering with the public’s physical and visual access to the water and shorelines.

(a) Stillaguamish River Reaches A and B from the SR 532 bridge to, but not including, Twin City Foods. A public access shall be in the form of a trail parallel to the shoreline. Where the railroad spur is located, the public access should be located to ensure rail and pedestrian safety. Trails should be located on the east side of the rail spur with provision for viewing platforms to provide for direct access. The public access shall be connected with Saratoga Drive and 269th Place NW. If the rail spur should be abandoned, the city should acquire the right-of-way and develop for public access.

(b) Stillaguamish River Reach C on the Twin City Foods site public access shall be implemented if the nonconforming building is substantially altered in the future to accommodate a trail parallel to the shoreline connecting at each end to SR 532.

(c) Stillaguamish River Reach D from Twin City Foods to Irvine Slough public access shall be developed on the city owned parcel consisting of a trail parallel to the shoreline. Trails should be set back from the water’s edge with provision for viewing platforms at the water’s edge to provide direct access.

(d) Stillaguamish River Reach E east of Irvine Slough to the city limits public access shall be developed consisting of a trail parallel to the river shoreline and connecting along Irvine Slough to 98th Drive NW and at the east end of the property to 98th Drive NW. Trails and viewing areas should be as close as possible to the water’s edge to provide direct access in the area of the existing smokestack, which should be maintained, if structurally sound, as a visual landmark.

(e) Stillaguamish River Reach F consisting of the sewage treatment facility public access shall not be required unless the facility redevelops in the future.

(a) Modification of public access requirements may be approved only when:

(b) Prior to determining that public access is not required, the applicant must first demonstrate and the city determine in its findings that all reasonable alternatives have been exhausted, including but not limited to: