[Amended 5-15-1995 by L.L. No. 1-1995; 12-18-2000 by L.L. No. 5-2000; 10-21-2002 by L.L. No. 3-2002; 3-21-2016 by L.L. No. 2-2016]
A. The COD-1 District essentially encompasses relatively small or narrow
waterbodies and lands immediately adjacent thereto. Because of the
small or narrow configuration of these waterbodies, construction of
shoreline structures, such as docks, piers, bulkheads, revetments
or other major shoreline construction, in areas not previously disturbed
by such development (i.e., natural beach, tidal flats, adjacent woodlands
or salt marsh) may have a significant adverse impact upon the environment.
B. For these reasons and those reasons specified in §
205-102 above, there shall be no new structures or buildings or the enlargement or alteration of any existing structures or buildings, as defined by this chapter, located in the Coastal Overlay District-1, except that:
(1)
Private docks, piers, bulkheads, revetments or other major shoreline construction may be located in the COD-1 upon review and approval from the Planning Board-and the issuance of a building permit by the Building Inspector if the Planning Board determines that such structures will not provoke any of the adverse effects enumerated in §
205-102 and Subsection
A and if the structure is a dock that the Planning Board further determines that the dock would meet all of the following conditions:
(a)
In order to minimize visual impact, the dock shall be of the
floating variety only and shall only be permitted in those locations
where the rising and lowering of such floating dock will not have
a significant adverse impact upon vegetation, wildlife or wildlife
habitat, including fish and fisheries resources.
(b)
The dock shall be of a length, size and height which has no
significant adverse impact upon the environment from a visual perspective
or otherwise; shall be of a length which does not impede the navigation
of vessels; and shall be of a length which, in no case, exceeds 75
linear feet seaward from the mean high-water line.
(c)
In no case shall the seaward end of the dock extend beyond the
point where the mean low-water depth at such point exceeds two feet.
(d)
The width of the dock shall not exceed six feet. Such measurement
shall include all appurtenances and appendages to the dock, including
vertical supports and float configurations.
(e)
The dock shall not impede the ability of the public to walk
along the foreshore.
(f)
The dock shall be removed from the water during the months November
through March.
(2)
After approval by the Planning Board:
(a)
The enlargement of existing docks and buildings which have been
specifically approved by the Board of Trustees prior to the enactment
hereof may be permitted.
(b)
The construction, enlargement, alteration or repair of an erosion
protection structure located in the coastal erosion hazard area may
be permitted.
[Amended 12-18-2000 by L.L. No. 5-2000; 10-21-2002 by L.L. No. 3-2002; 3-21-2016 by L.L. No. 2-2016]
For the purposes specified in §
205-102 above, there shall be no new structures or buildings, or the enlargement or alteration of any existing structures or buildings, as defined by this chapter, located in the Coastal Overlay District-2, except that private docks, seawalls, retaining walls, jetties or other major construction may be located in the COD-2 District upon the review and approval from the Planning Board and the issuance of a building permit by the Building Inspector if the Planning Board determines that such structures will not provoke any of the adverse effects enumerated in §§
205-102 and
205-104 and if the structure is a dock, that the Planning Board further determines that the dock meets all of the following conditions:
A. In order to minimize visual impact, the dock shall be of the floating
variety in those locations where the rising and lowering of such floating
dock will not have significant adverse impact upon vegetation, wildlife
or wildlife habitat, including fish and fisheries resources. In locations
where a floating dock would have such significant adverse impact,
the dock shall be of the fixed-pier-type, with or without an accessory
float, and shall be constructed in such a manner so that the float,
if any, shall not rest upon the bottom lands.
B. The total length of the dock shall not be more than 100 linear feet,
and in no case shall the seaward end of the dock or any accessory
float extend beyond the point where the mean low-water depth at such
point exceeds three feet.
C. The width of the dock, including vertical supports, shall not exceed
six feet, and the size of any accessory float shall not exceed 150
square feet.
D. The dock shall not impede the ability of the public to walk along
the foreshore.
E. All floating docks or floating components of docks shall be removed
from the water during the months November through March.
[Amended 3-21-2016 by L.L. No. 2-2016]
No replacement or substantial repair shall be made to any legally
existing docks in the COD-1 or COD-2 District unless the building
permit application is reviewed and approved by the Planning Board.
The term "substantial repair" shall mean the installation or replacement
of more than 1/4 of the pilings of the dock, but shall not be construed
to mean the replacement and securing of existing rails and deck boards
or the painting and ordinary maintenance for such dock.