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A. Except as provided in this section, public access may be required for public projects and development on public lands, commercial uses, industrial uses, marinas, multifamily developments of more than four (4) residential units, and residential subdivisions containing more than four (4) lots. Where public access is required, it shall:

1. Where feasible, connect to other public and private public access and recreation facilities on adjacent parcels along the Snohomish River and Pilchuck River shorelines;

2. Be sited and designed to promote public safety;

3. Be open to the general public and accessible from a public right-of-way or public access easement; and

4. Enhance access and enjoyment of the water body or shoreline and provide one (1) or more features from the following options, listed by preference. Applicants shall justify a lower-preference option:

a. Public open space allowing unobstructed physical access to or near the water’s edge;

b. Improved pathways in easements for pedestrians and bicyclists where no structures are located between the trail and the water;

c. Beach or water access improvements for boats, such as launch facilities for small craft, touch-and-go docks, or temporary moorage, where public use is reasonably likely;

d. Improved seating area with benches and picnic tables affording water views unobstructed by structures on the same parcel; and/or

e. Platforms or similar improvements providing view points of the water or immediate shoreline habitat;

5. Be sited and designed to minimize impacts to native habitat, critical areas and buffers.

B. Where public access is required, the area dedicated and improved for public access shall be roughly proportional to the scale of the proposed development and its impacts in accordance with applicable state and federal law.

C. Trails and other public access improvements are subject to the substantive critical areas requirements of this chapter (SMC 14.250.330) and standards for recreational uses provided herein.

D. The provisions of this section do not apply:

1. Where public access is determined by the Planning Director, or designee, to be infeasible or impractical due to incompatible uses, safety, security, steep topography, the location or configuration of existing structures, or impact to the shoreline environment; and

2. To commercial development which abuts the Riverfront Trail. (Ord. 2336, 2018)