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Exhibit B <br />ORDINANCE Exhibit A - Page 7 of 55 <br />c. The proposal mitigates impacts on the critical areas; <br />d. The proposal does not pose an unreasonable threat to the public health, safety, or <br />welfare on or off the development proposal site; and <br />e. The proposal is consistent with other applicable regulations and standards. <br />5. Docks. This section does not apply to areas under jurisdiction of the shoreline master <br />program. <br />a. Repair and maintenance of an existing legally established dock are permitted; <br />provided, that all of the following criteria are met: <br />(1) There is no expansion in overwater coverage; <br />(2) There is no increase in the size and number of pilings; <br />(3) There is no use of toxic materials, such as creosote, CCA and other treated <br />wood products; <br />(4) There is no new spanning of water between three and thirteen feet deep; <br />and <br />(5) There is no new increase in the use of materials creating shade. <br />b. New docks are permitted subject to compliance with any WDFW HPA or U.S. Army <br />Corps of Engineers permit conditions. Piers and docks shall be located, designed and <br />constructed so as to cause minimum interference with public use of the water surface <br />and shoreline; to mitigate the impacts to ecological function and critical areas; to avoid <br />or minimize impacts to views; and to cause no undue harm to adjacent properties. <br />c. New docks shall be a maximum of four feet in width and a maximum walkway width <br />of four feet. Overwater surfaces shall be constructed of unobstructed grating which <br />provides at least fifty percent of open surface area. Piles, floats or other parts of the <br />structure that come in direct contact with the water shall be approved by applicable <br />federal and state agencies for use in water and shall not be treated or coated with <br />biocides such as paint or pentachlorophenol. Use of arsenate compounds or creosote <br />treated members is prohibited. <br />d. Only one dock shall be permitted for all lots in any short subdivision or subdivision <br />that occurs after September 1, 2000. Such dock shall be shared between all lots in the <br />short subdivision or subdivision. <br />e. Covered overwater moorage, either fixed or floating, shall be prohibited. <br />f. No dock may be located within fifteen feet of an interior lot line, unless shared with <br />the owner of the adjacent lot, in which case no setback is required. <br />g. No single-family lot shall have more than one dock.