A community pier or launching ramp shall comply with all of the following requirements.
(1) The facility shall be located on a lot of at least 30,000 square feet that is owned by a homeowner’s association.
(2) The facility shall be established and operated for the benefit of the residents of a recorded residential riparian subdivision.
(3) Adverse effects on water quality and fish, plant, and wildlife habitat shall be minimized.
(4) Nonwater-dependent structures or operations associated with water-dependent projects or activities shall be located outside the buffer to the extent possible.
(5) Disturbance to the buffer shall be the minimum necessary to provide a single point of access to the facility.
(6) Food, fuel, or other goods and services may not be offered for sale.
(7) Boarding ladders shall be located along the sides of a pier and along each bulkhead where the water depth at the bulkhead exceeds four feet in depth at mean high water. Ladders along piers shall be 100 feet apart on each side of the pier and staggered so that the ladders alternate sides every 50 feet. Ladders along bulkheads shall be placed no more than 50 feet apart.
(8) United States Coast Guard approved personal flotation devices shall be located along each pier or bulkhead at intervals not exceeding 100 feet.
(9) When a community pier with slips is provided as part of a new residential riparian subdivision, private piers in the subdivision are prohibited.
(10) The number of slips allowed with a community pier shall be the lesser of the following:
(i) one slip for each 50 feet of shoreline in a subdivision located in an intense or limited development area, and one slip for each 300 feet of shoreline in a subdivision located in a resource conservation area; or
(ii) a density of slips to platted lots or dwellings in the critical area in accordance with the following chart:
Platted Lots or Dwellings | Slips |
Up to 15 | 1 for each lot |
16 to 40 | 15 or 75%, whichever is greater |
41 to 100 | 30 or 50%, whichever is greater |
101 to 300 | 50 or 25%, whichever is greater |
More than 300 | 75 or 15%, whichever is greater |
(11) In the event the parcel or lot has riparian rights and the proposed development is located on a portion of the parcel or lot that is out of the critical area, these rights may be utilized in accordance with permitted use criteria established for the critical area classification through the use of a community facility established in accordance with this section, based on the actual length of shoreline or potential density that would have been permitted within the critical area portion of the parcel or lot.
(Bill No. 4-05; Bill No. 78-05; Bill No. 69-07; Bill No. 93-12; Bill No. 8-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24)