§ 70-100. Approval of county boat ramp ordinance.  


Latest version.
  • The boat ramp ordinance of the Orange County Code, sections 15-601—15-606, attached to Ordinance No. 95-13 as exhibit A, is adopted subject to the following changes:

    Section 15-601. Short Title.

    The regulations established in this article shall be known and may be cited as the "Town of Oakland Boat Ramp Ordinance."

    Section 15-602. Findings.

    (a)

    It is the intent of this article to regulate boat ramp facilities within those portions of the county adjacent to or located within the boundaries of the town pursuant to an interlocal agreement in order to minimize the adverse impacts of such activities upon the natural resources of the county and the town.

    (b)

    It is the intent of this article to apply these regulations in a manner sensitive to the property rights of the applicant, the property rights of lakefront property owners, and the rights of the citizens of the town to enjoy the benefits of their natural resources.

    (d)

    Pursuant to the existence of an interlocal agreement between the town and the county, the county is authorized pursuant to its home rule powers and general law to regulate and control all waters located within those portions of the county not within the boundaries of any municipality, and all waters located within those portions of the county within the town subject to joint exercise of police powers by the county and the town within the town limits.

    (e)

    In order to protect the public health, safety and welfare, preserve the natural beauty and attractiveness of waters in such portions of the county, and maintain lake quality, this article is enacted as one measure to protect such legitimate public interest.

    (f)

    It is the intent of this article to return the rule-making authority of the town commission. The town commission has final approval of permitting pursuant to this article.

    Section 15-603. Definitions.

    (i)

    Private boat ramp facility means a boat ramp and, if applicable, any improvements required by state or local regulations to be constructed in conjunction therewith, other than a commercial boat ramp, which boat ramp and improvements are not the subject of unrestricted public access to waters, and which are intended to be used, and are in fact used, only by those persons living in the single-family residence located at the boat ramp facility site and their usual and customary guests who are either in the company of the resident or using the resident's watercraft. It is intended that this type of facility be limited in scope of use. It is further intended that any application for a private boat ramp facility which is approved as such, but is in fact routinely used by individuals other than usual and customary guests of a private resident who are either in the resident's company or using the resident's watercraft, shall be considered an illegal use and be subject to revocation upon majority vote by the town commission.

    (n)

    Town commission means the Oakland town commission.

    (o)

    Unrestricted public access means:

    (1)

    Open to any member of the general public at reasonable hours, free of charge; or

    (2)

    Operated by any governmental entity, including, but not limited to, the town.

    (p)

    Waters means and includes, but is not limited to, rivers, lakes, streams, waterways, bays, springs, impoundments, inlets, canals, and all other waters or bodies of water, whether natural or artificial, located in or adjacent to the town.

    Section 15-604. Exemptions.

    (3)

    Any boat ramp, the construction and use of which commenced prior to August 8, 1995, which is otherwise in compliance with any applicable local, state or federal laws existing prior to August 8, 1995.

    Section 15-605. Permit procedure and criteria.

    (a)

    Application and supporting data. Any person applying for a boat ramp permit shall be required to submit five copies of an application to the town hall. No application shall be accepted unless accompanied by an application fee, as established by the town commission, which fee shall be paid to the town and shall be nonrefundable, payment of which does not guarantee issuance of a permit. A fee of $127.00 is approved by the town commission and shall be included in the town's fee schedule. Application forms shall be provided by the town.

    If an interlocal agreement is signed between the town and the county, the following procedure will apply:

    1.

    Persons applying for a boat ramp permit may submit five copies of their boat ramp permit application to the county environmental protection department.

    2.

    The board of county commissioners will establish the application fees, and the town commission will approve the fees.

    3.

    The application fee shall be paid to the county environmental protection department.

    4.

    The county environmental protection department will also provide application forms.

    (3)

    Submerged lands leased from the state department of environmental protection for a boat ramp and companion boat dock, where applicable;

    (4)

    Satisfactory evidence of title or extent of interest of the applicant to:

    1.

    The riparian upland ownership; and

    2.

    Submerged ownership of the boat ramp facility site; however, notwithstanding the foregoing, a claim of ownership of the submerged part of the boat ramp facility site by the state department of environmental protection shall not preclude issuance of a boat ramp facility permit, provided that the applicant has complied with any applicable department of environmental protection or other state or federal requirements;

    (10)

    Verification that the proposed boat ramp facility is a permitted use under the town's zoning regulations;

    (11)

    Any applicable permit fees which may be set from time to time by the county by separate resolution and adopted by the town commission;

    (b)

    General site performance criteria and requirements.

    (1)

    No boat ramp facility of any kind shall be permitted without adequate stormwater management facilities which, in the opinion of the town's engineer, are designed to intercept all stormwater from the boat ramp above the normal high water elevation; however, all commercial boat ramp facilities and semiprivate boat ramp facilities shall be required to have stormwater management facility designs which are consistent with the criteria contained in the town's site development ordinance. The foregoing criteria are not intended to exempt the upland portion of the boat ramp site from any other applicable regulations regarding stormwater retention.

    (7)

    The parking of any car or trailer at any semiprivate boat ramp facility site by individuals other than those authorized (pursuant to section 15-603) to use the boat ramp facility site is expressly prohibited. At least one sign informing the public of the foregoing restriction and one "Tow-Away" warning sign, as required by the applicable state statute, shall be required at each semiprivate boat ramp facility site. All parking areas shall be landscaped in accordance with the town's land development regulations. A landscape buffer of at least ten feet or, in the alternative, a five-foot high masonry wall shall be required between parking areas which are adjacent to residential areas. Restrictions on the number of parking spots at a semiprivate boat ramp facility shall be limited to a maximum of six vehicle and trailer spaces.

    (13)

    Motorized boats shall not be launched from semiprivate boat ramp facilities permitted after August 8, 1995, if:

    (a)

    There is an existing public boat ramp facility within 600 yards of the proposed boat ramp facility site; and

    (b)

    There is navigable access from the existing boat ramp facility site to the proposed boat ramp facility site.

    (14)

    A developer's agreement between the applicant and town commission shall be required as a condition of approval of any commercial or semiprivate boat ramp facility, which agreement shall be recorded at the applicant's expense and shall:

    (a)

    Allocate to the applicant, its successor and assigns, the responsibility for maintenance and costs arising from use of the boat ramp facility, including, but not limited to, costs for increased water safety enforcement and maintenance, which costs shall not exceed ten percent of the assessed value of the boat ramp facility site;

    (b)

    Set forth any applicable restrictions on the use of such boat ramp facility;

    (c)

    Authorize that the semiprivate boat ramp facility site may be liened in the event the boat ramp facility site is not properly maintained; and

    (d)

    Require the applicant to post a one-year irrevocable letter of credit, in favor of the town, in the amount of ten percent of the assessed value of the boat ramp facility site in favor of the town to secure the foregoing costs.

    For purposes of this subsection, "maintenance" shall mean keeping the boat ramp facility site in a condition which is:

    (1)

    Free of weeds and debris;

    (2)

    Consistent with the standard of upkeep of the majority of lots of the subdivision (or surrounding neighborhood if the boat ramp facility site is not in a subdivision) wherein the boat ramp facility site is located; and

    (3)

    Ensures that such site and the facilities, structures and buildings located thereon are safe and functional.

    (15)

    The town shall have the authority to clean up, fence and otherwise block access to any boat ramp facility site which is not properly maintained until such site has been cleaned up to the satisfaction of the town, or the town has been reimbursed for the costs of cleanup.

    (16)

    No commercial or semiprivate boat ramp facility site may be located within any platted subdivision which receives final subdivision plan approval and is recorded after August 8, 1995, unless such boat ramp facility was approved prior to the final approval and recordation of such plat and is shown thereon.

    (17)

    There shall be no more than one boat ramp per subdivision.

    (c)

    Additional design criteria. Any commercial boat ramp facility shall be subject to the town's land development regulations. Preference will be given to gravel, turfblock pavers or other like pervious material which, in the opinion of the town's engineer, can support parking. Further, any public or commercial boat ramp facility shall, in addition to the foregoing, be subject to the following minimal design criteria:

    (7)

    Parking.

    b.

    Parking spaces shall be depicted on the site plan submitted by the applicant and must demonstrate, to the satisfaction of the town, that there is ample room for safe circulation of the maximum number of vehicles and connected trailers proposed to be parked at the boat ramp facility site.

    (d)

    Public hearing and appeals procedure.

    (1)

    Review criteria. Upon submitting the items required in subsection (a) of this section, which items evidence compliance with subsection (b) of this section or, if applicable, subsection (c) of this section, the environmental protection department shall forward copies of the application and, upon review, shall forward its recommendation to the town planning and zoning commission. Within 30 days of receipt of a completed application, the environmental protection department shall request scheduling of a public hearing before the town commission to consider issuance or denial of a boat ramp facility permit, which hearing shall be held no later than 45 days from the date of the request. Prior to such public hearing, the environmental protection department shall recommend issuance or denial of the permit, considering the shoreline configuration, depth, surface area, and trophic condition of the water body whereon the boat ramp facility is proposed, in conjunction with the following criteria:

    m.

    Whether the proposed boat ramp facility would adversely affect areas of special concern, including, but not limited to, outstanding state waters, wetlands, areas which provide habitat for endangered species or threatened species (as those endangered or threatened species may be defined by applicable local, state or federal law or regulations) and conservation areas as defined by and in accordance with the town's conservation ordinance.

    (2)

    Notice of public hearing. The town commission shall set a public hearing and publish notice of such public hearing one time in a newspaper of general circulation in the county at least two weeks prior to such public hearing. Such notice shall state the development proposed to be made, the legal description of the area in which the development is to be made, and a general description of the area involved. The town commission shall further cause notices to be sent by mail or personal service (in substantially the form as required to be published in a newspaper as hereinbefore provided) to all affected municipalities or other public agencies, any affected lake advisory board (including an MSTU) or committee as created by special act.

    The environmental protection official shall notify the applicant of the date and time of the public hearing and shall direct the applicant to post the property with a notice of the public hearing. The applicant shall place the notice in a conspicuous and easily visible location on the subject property at least 30 days prior to the public hearing.

    The environmental protection official shall further direct that the applicant give notice to any upland property owners within a 500-foot radius of any upland property line of the proposed boat ramp facility site (for private boat ramp facilities). In the case of an application for a public or commercial boat ramp facility, or semiprivate boat ramp facility where launching of motorized boats would be allowed, the notice to the following upland owners is required:

    (1)

    If the proposed boat ramp facility is on a lake, those upland owners on the lake whereon the proposed boat ramp facility is to be located; or

    (2)

    If the proposed boat ramp facility site is on a canal or similar impoundment, all upland owners on both the canal and nearest lake which is navigably accessible from the canal.

    No less than four weeks prior to the public hearing, the applicant shall be required to mail such notice of the hearing regarding the proposed boat ramp facility to the required upland owners by certified mail, return receipt requested, to the county environmental protection department. Alternatively, the applicant shall provide, at least three weeks prior to the public hearing, a notarized affidavit attesting that written notice to each such upland owner has been hand delivered.

    The town commission, at the public hearing, shall hear any individual who wishes to speak for or against the recommendation made by the county environmental protection department to the town commission with regard to whether or not the proposed boat ramp will materially affect any of the rights and interests of the public, considering the criteria set forth in the foregoing section of this article, and shall either approve or deny the recommendations of the county environmental protection department with regard to issuance of the permit. The town commission expressly delegates to the county environmental protection department the authority to make such recommendations, as well as any recommendations pertaining to variance requests to the town commission.

    (3)

    Variance. Any request for a variance from the requirements of this article shall be considered by the town commission at the public hearing and granted only if the town commission finds that extraordinary hardship would result from strict compliance with the provision. The town commission shall consider the recommendation of the environmental protection official with regard to any such variance request as well as any hardship that may be imposed on the public or affected parties by granting the variance.

    (4)

    Appeals procedure. Any person who is aggrieved by the town commission's ruling on the issuance or denial of a boat ramp facility permit may file an appeal of such decision to the town commission.

    If no appeal is filed within 30 days, the environmental protection department shall issue the applicant a boat ramp facility permit upon a finding by the town commission at the public hearing that such a permit should be granted.

    (5)

    Building permit requirement. Upon being granted a boat ramp facility permit by the town commission, the applicant may begin construction of the boat ramp facility, provided he has obtained from the town the required building permits for any structure which is part of the boat ramp facility and is otherwise in compliance with all other applicable local, state or federal regulations.

    Section 15-606. Penalties; enforcement.

    (a)

    If the environmental protection official or his agent determines that the boat ramp facility, or any structure constructed in conjunction therewith, has been constructed without prior approval or not in accordance with these regulations or the applicable zoning criteria, he shall promptly issue a written notice of violation to the offending person; however, the town shall issue a notice of violation when a boat ramp is in violation of the town's conservation ordinance. The notice of violation shall include a description of the site where the violation has occurred, cite the provisions of these regulations or other applicable laws which have been violated, and set forth the required remedial action to be taken as deemed reasonable and necessary by the town commission. Such remedial action may include restoration of damaged topography; revegetation of the site to comply with applicable local, state or federal laws or regulations; replacement of affected wildlife habitat; payment of all permit and inspection fees; revocation of an existing permit; mitigation; enhancement; or any other actions consistent with the intent of these regulations or other applicable laws (as they may be amended from time to time) in order to ameliorate the adverse impacts of unpermitted or improperly conducted activities.

    (b)

    Violation of these regulations or the conditions of any permit issued pursuant to these regulations shall constitute a violation of any special act, as amended, that may be applicable to the area in which the violation has occurred. The town commission may use any remedies and seek any penalties provided in such special acts, as amended, in addition to any remedies available in law or in equity.

    (d)

    No person shall, prior to issuance of a boat ramp facility permit by the town and the termination of all applicable appeal periods, advertise or represent the existence of a boat ramp, boat ramp facility or boat ramp facility site. Such violation shall be subject to prosecution by the town commission in accordance with applicable regulations. Each day the advertisement or representation is in effect shall constitute a separate violation. However, no Code violation shall exist if such representation or advertisement includes an express disclaimer that the proposed boat ramp facility site is contingent on town commission approval and in compliance with all applicable laws and regulations. Such fine shall continue to run until written revocation of any such representations is made or, in the case of an advertisement, upon issuance of a corrective advertisement in substantially the same medium, to substantially the same audience, and with substantially the same frequency as the initial advertisement.

(Code 1999, § 78-136; Ord. No. 95-13, § 1, 7-11-1995)