(a) No structure of any kind, whether stationary, floating, or access ramp, or fuel dispensing system for boats, shall be constructed or installed before having first made written application for and obtained from the lake structure administrator a lake structure permit. A building permit must be obtained from the county building inspector except for structures installed rather than built (such as umbrellas, awnings, canopies, or moored inflatable platforms), so long as these structures do not exceed 150 pounds in total weight. Upon application for a lake structure permit, the applicant shall present to the lake structure administrator the following information and materials. The application and all plans shall be signed and dated by the property owner. Additional restrictions and regulations apply to commercial lake structures, cluster mooring facilities and marinas. Please see sections 6-58 through 6-60 for information regarding the permit to construct these types of lake structures.
(1) Plans, drawn to scale, showing the location of the proposed installation with respect to the shoreline and the boundaries of the upland lot to which it is adjacent.
(2) A map of the measurable shoreline of upland lot showing the shoreline length.
(3) Plans certified by a licensed architect or engineer in accordance with the state code, drawn to scale, showing the height, length, width and configuration of the proposed installation. Excluded from this requirement are structures installed rather than built (such as umbrellas, awnings, canopies, or moored inflatable platforms) so long as these structures do not exceed 150 pounds in total weight.
(4) Whether covered or uncovered (enclosed or open).
(5) Specified materials for use in construction or installation.
(6) Water depth at the farthest point of projection.
(7) Distance from the farthest point of projection to the opposite shore.
(8) Proof of liability insurance (see section 6-50).
(9) Documents showing approval of fuel storage and dispensing systems from any appropriate federal, state and local agencies, if required.
(10) In the case of a boathouse, proof of ownership of a residence or residence under construction on the upland lot or an adjoining lot. This is not required for any other lake structures.
(11) Plans for the construction of a sea wall (if required) must be accompanied by all required permits (e.g., North Carolina Division of Water Quality, Army Corps of Engineers, North Carolina Game and Wildlife, etc.). The applicant is responsible for separately securing required permits from the applicable county, state, or federal agency.
(12) The application fee, the amount of which shall be established by the town council. Failure to obtain a required permit prior to commencing work shall subject applicant to double application fee.
(13) A deposit of compliance that is refundable if the structure receives a lake structure certificate. The deposit of compliance shall be a certified or cashier's check for $500.00 for any structure or alteration costing more than $1,000.00 and less than $5,000.00 or $1,000.00 for any structure or alteration costing more than $5,000.00.
(b) Dimensional and structural guidelines are provided in section 6-51 and in the town standards, specifications and details for construction.
(c) Construction pursuant to the issuance of a lake structure permit must commence within six months of approval and may not, thereafter, cease for a period of 12 consecutive months or the permit shall become invalid. If the structure for which a permit was approved has not received a lake structure certificate within two years after the date of approval, the applicant shall be required to renew the permit and comply with all regulations in effect on the date of renewal.
(d) The final approval of the construction shall require an inspection and certification by the lake structure administrator that the structure was built substantially in accordance with the approved plans. Where plans submitted for a dock, pier or boathouse show that any portion of the new structure or addition to an existing structure will be within 20 feet of either side lot line as extended into the lake or within five feet of the maximum distance the structure is allowed to extend into the lake, a survey prepared by a registered land surveyor or civil engineer shall be made to ensure that the proposed structure has been located as shown on the approved plans. The survey shall also indicate the location of roof overhangs, decks, and any other appurtenances that extend beyond the walls of any boathouse. This survey shall be submitted to the lake structure administrator for review. The lake structure administrator shall have the authority to require a survey where there is a question regarding the location of a new sea wall in relation to the approved plans. All approved structures, upon final inspection, shall be issued a lake structure certificate and tag. Upon issuance, the tag shall be attached to the structure to indicate it is an approved structure.
(Code 1989, § 94.03; Ord. of 8-9-1994; Ord. of 2-12-2002; Ord. of 7-11-2006; Ord. of 9-12-2006; Ord. of 8-14-2007; Ord. of 10-13-2009)