All piers shall be of the open pile design. Filled piers are
not permitted. The provisions of this Section shall apply to all applications
for subdivision of land and applications for pier permits. The mutual
use of piers and/or mooring piles by adjacent property owners is permitted
and encouraged whenever possible.
A.
One private pier is permitted as an accessory structure to a single-family
dwelling on a buildable lot on any waterfront parcel for the use of
the lot owner or his tenant, only. Exception: A pier may be shared
by an adjacent property owner if that owner does not have a pier on
his or her property with the permission of the owner of the property
on which the pier is located.
B.
Requirements for Private Piers:
1.
Not more than two slips shall be allowed in the useable waterway
area of any waterfront parcel or lot of record. Two additional slips
may be allowed if a special exception is granted by the Board of Appeals.
2.
If the lot or parcel lies within a subdivision created after April
21, 1981 (date of original legislation on community piers) which contains
a community pier, no private piers shall be permitted.
C.
All construction shall comply fully with the requirements for determination of usable waterway as per Section 9-5.02. For new lots created after April 21, 1981, no private piers shall be permitted where the waterfront lot width is reduced to less than that required in Section 5-1.07, unless the reduction is approved by the Board of Appeals.
A community pier for a subdivision replaces the private piers
ordinarily permitted for waterfront land owners, thereby protecting
the sensitive aquatic environment, saving the waterfront from a proliferation
of piers, and preserving the aesthetics of the waterfront.
A.
Review Procedure - The developer shall indicate a desire to provide
a community pier for the proposed subdivision and shall include on
the preliminary plan a proposed site for the community pier.
B.
Community piers are expressly for the use of the lot owners (or their
tenants) within the subdivision having the community pier and may
not be used or rented by any person other than a bonafide buildable
lot owner (or tenant) of said subdivision. Allocation of these allowable
slips shall be at the discretion of the developer or the subdivision
lot owners' association responsible for the community pier. A covenant
shall be placed on the plat prohibiting piers on individual lots.
C.
Community piers shall be at least 200 feet (in a straight line distance, not shoreline) away from an adjacent subdivision's community pier or another community pier within the same subdivision. A maximum of two slips may be provided for each waterfront lot. The maximum number of slips permitted shall not exceed the number of private slips which would otherwise be allowed if the community pier provision were not used, based on the minimum lot width provisions of Section 5-1.07, nor shall the number of slips exceed that allowed under paragraph 'H' of this Section.
D.
A waterfront site shall be provided for the subdivision's community
pier. When there are more than six lots in the subdivision, the waterfront
site may be utilized towards satisfying the recreation and open space
requirements of Section 7-1.06.P, Subdivision Regulations, upon recommendation
by the Parks & Recreation Board. However, in no case shall the
area used for parking be used to satisfy the recreation and open space
requirements.
E.
The waterfront site provided for the community pier shall be of sufficient
size to provide for placement of the community pier, an access road
or drive, a turn-around area, and at least one parking space for every
three slips provided. The parking area, the access road or drive and
the turn-around area shall be stabilized.
F.
At the time of subdivision approval, the Department of Planning and
Zoning, with the recommendation of the Engineering Bureau, will determine
the type of stabilization to be used on the parking area, turn-around
and access drive or road. In the subdivision, the proximity of the
pier to the homes may eliminate the need for the parking spaces if
walkways allow adequate access. A parking area shall be required where
a boat ramp is provided.
G.
New or expanded community marinas, piers, and other non-commercial boat docking and storage facilities may be permitted in the Critical Area Buffer subject to the requirements of Section 2-8.07, Section 9-7.01, and paragraph 'H' of this Section provided that:
[Amended 8-8-2006]
1.
No food, fuel, or other goods and services shall be offered for sale
and adequate sanitary facilities shall be provided;
2.
The facilities are community-owned and established and operated for
the benefit of the residents of a platted and recorded riparian subdivision;
3.
The facilities shall be associated with residential development approved
by the County for the Critical Area and consistent with all County
regulations for the Critical Area;
4.
Disturbance to the Critical Area Buffer shall be the minimum necessary
to provide a single point of access to the facilities.
5.
If community piers, slips, or moorings are provided as part of the
new development, private piers in the development are not allowed.
H.
The number of slips permitted at the facility shall be the lesser
of 1 or 2 below:
1.
One slip for each 50 feet of shoreline in the subdivision in the
Intensely Developed and Limited Development Areas and one slip for
each 300 feet of shoreline in the subdivision in the Resource Conservation
Area.
2.
A density of slips to platted lots or dwellings within the subdivision
in the Critical Area according to the following schedule:
|
TABLE 9-1
NUMBER OF PERMITTED SLIPS
| |
|---|---|
|
Platted Lots or Dwellings in the Critical Area
|
Slips and Moorings
|
|
Up to 15
|
One for each lot
|
|
16-40
|
15 slips or 75 percent, whichever is greater
|
|
41-100
|
30 slips or 50 percent, whichever is greater
|
|
101-300
|
50 slips or 25 percent, whichever is greater
|
|
Over 300
|
75 slips or 15 percent, whichever is greater
|
A.
All commercial marine facilities shall have plans and details of
proposed construction certified by a licensed engineer for County
Engineer approval.
B.
Fire protection - All marine facilities shall conform to the requirements
of NFPA-303, Fire Protection Standard for Marinas and Boatyards of
the Maryland Fire Prevention Code. Fire protection devices shall have
the approval of the Fire Marshal having jurisdiction.
C.
Sanitary Requirements - All commercial marine facilities shall provide
sanitary facilities in accordance with the applicable Federal, State
and local requirements.
E.
New marinas or related maritime facilities shall not be permitted in the Critical Area Buffer within Resource Conservation Areas, except as provided in Section 9-7.03.
F.
New marinas shall establish a means of minimizing the discharge of
bottom wash waters into tidal waters.
