As used in this chapter, the following terms shall have the meanings
indicated:
ANCHOR
To secure or make fast a vessel to the bed of a body of water
or to fast land by means of cables, chains, lines and/or ropes attached
to an anchor, hook, weight and/or other ground tackle.
BATHYMETRY
The measurement of water depth at various places in a body
of water; also the information derived from such measurements, often
depicted on a map showing contour lines connecting the points on the
bottom of a body of water where the water is the same depth.
BOAT LIFT
Any mechanical device, except a boat ramp and/or a boat trailer,
located in, under and/or over a waterway designed, intended, suitable
or used for lifting a boat or vessel from a waterway.
[Amended 11-9-2022 by Ord. No. 537]
BULKHEAD
A structure or partition to prevent erosion, retain or prevent
the sliding of soil into a waterway, or to protect fast land from
wave or tidal action.
COMMISSIONERS
The collective body of persons elected as the governing body
of a Maryland municipal corporation known as "The Commissioners of
St. Michaels."
COMPREHENSIVE PLAN
The most recent St. Michaels Comprehensive Plan, as adopted
and amended by the Commissioners from time to time.
DELEGATION OF AUTHORITY
The authority given to the Commissioners of St. Michaels
by the Maryland Department of Natural Resources assigning the responsibility
of controlling the placement of private mooring buoys within the harbor
of St. Michaels.
DEVELOPABLE HARBOR WATERWAY AREA
The waterway area lying between the shoreline, the mapped
harbor line and the two side property line extensions, referred to
as "lateral lines," within which the owner of the contiguous waterfront
property may be permitted by the Zoning Inspector, based on the criteria
set forth in this chapter, to place objects and/or carry on activities
controlled by this chapter.
DEVELOPABLE WATERWAY AREA (OTHER WATERS)
The waterway area in which the owner of the contiguous waterfront
property may be permitted by the Zoning Inspector, based on the criteria
set forth in this chapter and those listed below, to place objects
and/or carry on activities.
(1)
The lateral lines and lateral line setbacks shall be determined in accordance with §§
333-7 and
333-7.1 of this chapter.
(2)
No new pier or expansion of an existing pier shall extend into
any body of water a distance greater than 150 feet measured from the
mean high-water line. Such limitation shall not apply to existing
or proposed piers in a Watermen's Heritage Park. Notwithstanding any
other section of this chapter, this limitation shall not be subject
to modification by a variance.
(3)
In no case shall any parts of a pier exceed 1/2 of the distance
from the mean high water line to the center line of the body of water.
Such limitation shall not apply to existing or proposed piers in a
Watermen's Heritage Park.
(4)
In no case shall any parts of a pier impede the natural channel
of the waterway.
(5)
Shoreline improvements as defined herein shall not be subject
to lateral line setbacks.
FAST LAND
That land which is not submerged land.
FILLING
The displacement of tidal water by the depositing into state
or private tidal wetlands of soil, sand, gravel, shells, or other
materials, including pilings, piers, boathouses, deadweights, or riprap;
the artificial alteration of tidal water levels by any physical structure,
drainage ditch, or otherwise; or storm drainage projects which flow
directly into tidal waters of the state. The term "filling" shall
not include:
(1)
The drainage of agricultural land;
(2)
The in-place replacement or repair of functional shore erosion
control structures using substantially similar materials and construction
design;
(3)
The planting of wetlands vegetation when no grading or fill
in state or private tidal wetlands s necessary; or
(4)
Marking channels and harbors and establishing aids to navigation
if approval has been granted by the United States Coast Guard, Maryland
Department of Natural Resources and the Town.
FINGER PIER
May not be more than three feet wide at the shore and taper
to a single fixed piling no more than 50°% of the pier distance
from the shore to the harbor development line.
[Added 11-9-2022 by Ord. No. 537]
FLOAT
Any object which is totally or partially suspended or supported
in or on the surface of a waterway, which is not ordinarily used or
intended for use as a means of transportation on water or ice, and
which is held in place by ropes, lines, anchors and/or other similar
and readily detachable means.
[Amended 11-9-2022 by Ord. No. 537]
FLOATING HOME
Any vessel, whether self-propelled or not, that is used,
designated, designed or occupied primarily as a permanent dwelling
unit or place of business or for any private or social club. "Floating
home" also includes a structure that is constructed on a barge that
is primarily immobile and out of navigation; or functions substantially
as a land structure while the vessel is moored or docked in the Town.
FLOATING PLATFORM
Fixed floating horizontal surfaces along a pier used primarily
for getting into and out of a boat including piers and launching platforms.
Floating platforms need MDE (Maryland Department of the Environment)
approval and must be permanently attached to the pier or secured to
pilings. Private floating platforms may not exceed 200 square feet
in area including the section of the main pier to which they are attached.
No other structures may be attached to the floating platform.
[Added 11-9-2022 by Ord. No. 537]
HARBOR
All tidal waters and the bed of all tidal waters, from shoreline
to shoreline, within the corporate limits of the Town of St. Michaels
and which ebb into and flow from the Miles River; located to the west
of the municipal boundary which runs between Three Cedars Point and
Parrot's Point, including Church Cove and Fogg's Cove.
HARBOR DEVELOPMENT LINE
The line, as determined by this chapter, defining the maximum channelward limit within the harbor in which structures or improvements may be permitted by the Zoning Inspector to be constructed, installed or placed in or upon a waterway in the Town. Amendments to the harbor development line shall not be permitted as such expansion has been determined to be in conflict with the standards, policies and purpose as set forth in §§
333-2 and
333-3 of this chapter.
HARBOR MANAGEMENT ORDINANCE
Ordinance No. 131, which was replaced by the Waterways Management
Ordinance (Ordinance No. 256), as it may hereafter be amended from
time to time.
LATERAL LINE
The extensions of the side property line of a waterfront
property, as located by this chapter.
LIVING SHORELINE(S)
A suite of stabilization and erosion control measures that
preserve the natural shoreline and are designed to minimize shoreline
erosion, maintain coastal processes, and provide aquatic habitat.
Measures must include marsh plantings and may include the use of sills,
sand containment structures, breakwaters or other natural components.
LOCATION OF WATERWAY IMPROVEMENTS
The Waterways Advisory Board shall make a recommendation to the Zoning Inspector as to the location of a pier and/or mooring piling based on the method of establishing lateral lines that has the least impact on the adjacent properties as set forth in §
333-7 of this chapter.
MEAN HIGH WATER
The average of all the high-water levels observed over the
national tidal datum epoch.
MEAN HIGH-WATER LINE
The line where the land meets the water surface at the elevation
of mean high water. In the case of a shoreline improvement, the mean
high-water line shall be the line where the water surface at the elevation
of mean high water meets channelward vertical surface, as defined
by this chapter, of the shoreline improvement, exclusive of pilings,
swales and other support structures channelward of the channelward
vertical surface.
MOOR
To secure or make fast a vessel by temporary and readily
detachable means, such as lines or ropes, to mooring buoys, mooring
piles, wharves and other objects secured to land or in the bed of
a waterway.
MOORING BUOY
A float or other appliance secured to the bed of a waterway
by means of an anchor, hook, weight or other ground tackle and provided
with attachments to which vessels may be moored.
NATIONAL TIDAL DATUM EPOCH
The specific nineteen-year period adopted by the National
Ocean Service as the official time segment over which tidal observations
are taken and reduced to obtain mean values for tidal datums.
OPERATE
To navigate or otherwise use.
OPERATOR
The person who operates or has charge of the navigation or
use of a vessel upon a waterway.
OTHER WATERS OF THE TOWN
Those waters which lie outside the mapped harbor but which
have been made a part of the Town through annexation or other legal
mechanisms and are included in the Waterway Development Maps as Sheet
2, and identified as "Other Waters of the Town."
OWNER
A person, other than a lien holder, having a property interest
in or title to a vessel. The term includes a person entitled to use
or possess a vessel subject to an interest in another person, reserved
or created by agreement and securing payment for performance of an
obligation.
PERSON
A person, partnership, corporation or other legal entity.
PIERS
May be fixed or floating but must be permanently attached
to fixed pilings. Fixed floating piers are encouraged if repairs or
replacement are needed. Private piers up to six feet wide must comply
with MDE requirements.
[Added 11-9-2022 by Ord. No. 537]
PUBLIC WATERWAY AREA
The area in a waterway which is not occupied or controlled
by a privately owned waterway improvement, and which is available
for public use, benefit and enjoyment.
REVETMENT; RIP-RAP
A layer, facing or protective mound of stones placed against
the shoreline to prevent shore erosion, scour or sloughing of a structure,
embankment or fast land by wave or tidal action.
RIPARIAN AREA
That area of a body of water adjacent to the shoreline of
a waterfront property, and the submerged land under said area, within
which the riparian rights appurtenant to that waterfront property
may be exercised, subject to the limitations of this chapter.
RIPARIAN RIGHTS
That group of rights which are appurtenant to the ownership
of a waterfront property, which rights entitle the owner of that waterfront
property (subject to the limitations of this chapter) to the use and
enjoyment of a body of water adjacent to that waterfront property,
including the flow, quantity and quality of water and the submerged
land thereunder, including the right to make improvements extending
from that waterfront property into the water in front of that waterfront
property and the right of access from that waterfront property to
navigable water, and which rights must be exercised without undue
interference with the riparian rights appurtenant to other waterfront
land and the public.
SHORELINE
The mean high-water line:
(1)
At a natural beach, embankment, fast land; or
(2)
At a legally existing bulkhead, riprap, or other shoreline improvement.
SHORELINE IMPROVEMENT
A bulkhead, riprap, gabion, living shoreline or other structure
or improvement designed, intended, placed or used to control shoreline
erosion into a waterway. A shoreline improvement is not a waterway
improvement.
SLIP
Any arrangement of one or more wharves, finger-piers and/or
mooring piles, designed and intended to be used for the wet storage
(mooring) of a vessel.
STRUCTURE
Anything constructed, erected, installed or placed in a permanent
or fixed location on land or in the bed of a waterway. Anchors, hooks
and other ground tackle, floats, mooring buoys, and vessels are not
structures for the purposes of this chapter.
SUBMERGED LAND
Tidal wetlands as that term is defined by this chapter.
THIS CHAPTER
Chapter
333 of the Code of the Town of St. Michaels as hereafter amended by the Commissioners from time to time.
TIDAL WETLANDS
Any land under the navigable waters below the mean high tide,
affected by the regular rise and fall of the tide.
TOWN
The Maryland municipal corporation known as "The Commissioners
of St. Michaels," or the geographic area contained within the corporate
boundaries of that municipal corporation.
USE
To operate, navigate or employ. A vessel is in use whenever
it is upon a waterway.
VESSEL
Every description of watercraft, other than a seaplane, ordinarily
used or intended for use as a means of transportation or conveyance
on water or ice.
WATERFRONT PROPERTY
A single lot, parcel or piece of fast land, as described
in a recorded deed or other effective conveyance of said land, which
land:
(1)
Has as one or more of its boundaries a body of tidal water,
which body of tidal water also binds upon, abuts or is adjacent and
contiguous to a parcel of land owned by another person; and
(2)
Has appurtenant to it a riparian area which is located partially
or wholly within the Town.
WATERMEN'S HERITAGE PARK
A designation granted by the Commissioners of St. Michaels
in recognition and appreciation of the historic contribution of Talbot
County watermen to the character and development of the Town of St.
Michaels and their continued efforts to preserve the culture and a
way of life indigenous to the Chesapeake Bay. "Watermen's Heritage
Park" shall only be designated on public lands adjacent to other waters
of the Town.
WATERWAY
All portions of a body of water, and the bed (regardless
of whether publicly or privately owned) of all portions of a body
of tidal water, located within or adjacent to the corporate boundaries
of the Town, including rivers, creeks, harbors and streams, from shoreline
to shoreline or from shoreline to municipal boundary line, as the
case may be.
WATERWAY DEVELOPMENT MAPS
The map or series of maps entitled "St. Michaels Waterway
Development Maps," which are inclusive of the Harbor Development Map
and the Map of the Other Waters of the Town. These maps graphically
show the location within a waterway of shorelines, harbor development
lines and municipal boundaries of those waters annexed into the Town,
and those structures located within the mapped harbor. The Waterway
Development Maps shall also set forth all notations, dimensions, references
and other data shown thereon, as well as properly attested amendments
thereto. This map is made a part of this chapter unless and until
amended or replaced. The Waterway Development Maps are based on aerial
photography dated 2010. These maps may be periodically updated to
reflect current aerial photography without the need of additional
legislative review unless changes to the Harbor Development Line or
additional waters associated with annexation into the Town are required.
WATERWAY IMPROVEMENT
Any dredging, filling or grading of the bed of a waterway;
any constructing, installing, placing or maintaining of a structure,
object having (or being attached to an object having) a fixed location
in the bed of a waterway.
[Amended 11-9-2022 by Ord. No. 537]
WHARF
A structure, including a dock, pier or finger-pier, built
alongside, upon, in or over a waterway, and used or intended to be
used for the mooring of vessels or for vessels to lie alongside for
the loading and/or unloading of persons and/or property.
ZONING INSPECTOR
The person authorized to enforce the provisions of this chapter,
who shall be appointed by resolution of, and serve at the pleasure
of, the Commissioners.
ZONING ORDINANCE
Chapter
340 of the Code of the Town of St. Michaels, as hereafter repealed and reenacted and/or amended by the Commissioners from time to time.