Town of Lake Waccamaw, Code of Ordinances ARTICLE I. PURPOSE, AUTHORITY AND DEFINITIONS

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1 SECTION 1. Purpose. Town of Lake Waccamaw, Code of Ordinances ARTICLE I. PURPOSE, AUTHORITY AND DEFINITIONS The purpose of this ordinance is to ensure that the citizens of the Town of Lake Waccamaw, as well as visitors, will encounter a safe environment to recreate on Lake Waccamaw. As a result of privately owned structures constructed over a public body of water, the Lake Waccamaw Board of Commissioners feels it is necessary to inspect any structure built over or has at any point contact with the waters of Lake Waccamaw. The inspections of structures in contact with public waters are to promote the health, safety, and general welfare of the Town of Lake Waccamaw, its citizens and visitors. SECTION 2. Authority. This ordinance is adopted pursuant to the authority vested in the Town of Lake Waccamaw by its Charter, Chapter 160A-412 of the General Statutes of North Carolina, and other local legislation. SECTION 3. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bulkhead/Sea Wall means a revetment or retaining wall sunk into hard ground and designed to prevent slippage or water erosion of the shoreline. Mooring Buoy means a cluster of piles, or any type device, made fast, for the mooring of boats. Commercial pier means a pier for the use of which a fee is charged either directly or indirectly through dues or other fees, for fishing, mooring, camp activities, etc. It must be located in or extended from a commercial zone except where a conditional use is allowed for certain uses within other zoning jurisdictions. Community Pier means a private pier owned/controlled by a Homeowners Association (HOA) or any type of development association or collective owners group where more than one family has privileges to use the pier. Dock means a structure, usually supported by piles, extending over the water and equipped for mooring boats. Fender means a padded or somewhat flexible piling placed to protect boats and docks from collisions. 1

2 Pier means a structure supported by piles and extending over the water. Pier head means the extreme extension from the shore reached by a pier or dock. It may be extended parallel to the shore in a T or L. Private Pier means a structure that extends from ones property for the purpose of private use. Public pier means same as commercial pier. Ramp or boat ramp means a paved inclined passageway extending from dry land into the water so as to provide for safe launching and removal of boats into or from the water. It will normally be associated with dolphins, piles, fenders, rocks, or other structures for safety and convenience. Structural alterations mean any change except for repair or replacement in the supporting members of a building, including bearing walls, columns, beams and girders. SECTION 1 Litter control. ARTICLE II PIERS AND DOCKS (a) It shall be unlawful for the owner or proprietor of any commercial (public) pier originating within the corporate limits of the town to fail to provide a litter barrel or basket every one hundred (100) feet on such piers for patrons to deposit trash and garbage. Litter barrels shall also be placed on the approach ramp thereto. (b) It shall be unlawful for the owner or proprietor of any commercial (public) pier within the corporate limits of the town to fail to provide signs every one hundred (100) feet along both sides of the pier, notifying patrons of the penalty for littering, including the depositing of litter in the water. (c) It shall be the duty and responsibility of any commercial/public pier owner or proprietor, to have all litter from the above-mentioned barrels deposited in the regular refuse receptacle from which refuse is collected. (d) It shall be the duty of any commercial/public pier owner or proprietor to police and remove litter along the shoreline of their property pier so as to maintain the area in a clean, safe, and sanitary condition. SECTION 2. Damaging piers prohibited. No person shall tamper with or intentionally damage any private or commercial pier in the town. 2

3 SECTION 3. Boat ramps. No boat ramp shall be built along the shores of or within the town unless it is constructed so as not to divert or impede the natural flow of the waters about and within the town. All boat ramps must be permitted by the North Carolina Division of Parks and Recreation and be constructed to the appropriate regulations. SECTION 4. Construction permit required. (a) No pier, dock, bulkhead or boatlift shall be constructed within the limits of the town without an approved permit issued by the building inspector in accordance with the requirements of this chapter. (b) If repair is considered Load Bearing, permits are required as specified by NCGS 160A-417 and NC Building Codes. SECTION 5. Application for permit. (a) Any property owner fronting upon Lake Waccamaw or tributaries running into it within the town who desires to construct or extend an existing pier, dock or similar structure and who has riparian rights, including the right of using the water frontage for the construction of a pier or dock, shall present his Federal/State authorization to construct the structure and then apply in writing to the building inspector requesting a permit to construct such pier or dock. All requests for the construction, maintenance, or extension of such structures shall be submitted in writing in accordance with the requirements of this article. (b) The building inspector shall require the applicant to submit, as a part of the written application, such information, plans and other data necessary to determine adequately the complete conformity of the construction to this and other chapters and ordinances applicable to such structures. (c) An application shall include a drawing or map to scale, which shows the applicant's land limits and landlines, and all existing piers, structures, bulkheads, or other construction within twenty-five (25) feet of the high water line. (d) The building inspector shall have prepared forms which shall be available to persons wishing to apply at the town hall during normal office hours. All applicants shall procure such forms and submit to the building inspector the completed forms, properly signed by the property owner. The applicant shall attach thereto-suitable plans satisfactory to the building inspector which shall include a map showing the area where the pier or dock is to be constructed and existing facilities, and which shall show thereon the dimensions of various components of the new and existing structures. 3

4 (e) Plans shall include a complete floor plan of the pier, dock or other structure; detailed cross-sections through the access pier and pier head or T at its end; information as to the size, length and treatment of piling to be used and its penetration into hard ground; the methods of fastening and connecting all members of the pier; sufficient detailing of appurtenant structures to the pier, such as floats, stairs, hand railings, all types of boxes and lockers or other facilities to be placed thereon. SECTION 6. Accoutrements to pier or dock. The placing of a mooring pile or piling, fender, ramp, floating dock or other structure occupying the area beyond the high water line shall be considered to be constructing a pier or dock under the terms of this article and shall receive proper approval from the North Carolina Division of Parks and Recreation. The installation of such accouterments shall be to the specifications set forth by State regulations. SECTION 7. Structural specifications. All structures shall conform to the following requirements: (a) Every pier or dock shall be designed to withstand a live load consistent with the North Carolina Building Code Chapter 36 Section (b) The structural requirements of the NC State building code shall govern the general design and strength requirements of all piers and docks; provided, that additional requirements as set out herein shall take precedence. SECTION 8. Safety features. (a) Hand rails are not required, except as provided by the NC Building Codes. However, if handrails are constructed, all building codes shall apply. (b) It is recommended that all piers are to have a ladder or stairway at their outer end extending down sufficiently to allow persons in the water to gain access to the pier. All stairways shall have handrails on one side. (c) Owners of private piers may erect gates or barricades at the landward end of access walkways denying the use of the pier to others than their guests. Such barricades of gates should be clearly marked to define the pier as a private structure. (d) Any electrical service to a pier, dock or any structure located within the Town of Lake Waccamaw will be in accordance with the NC Electrical Code Article

5 SECTION 9. Maintenance of Structures. (a) Each owner shall be responsible for the proper and satisfactory maintenance of any pier, dock or other structure which he erects within the town. All such structures shall be subject to inspection at any time by the building inspector, and where faulty maintenance is found, the building inspector shall notify the owner in writing as to the maintenance required. The owner shall promptly apply for a permit to accomplish such maintenance and shall, within sixty (60) days of such written notice, proceed with the accomplishment of such maintenance. (b) Failure to maintain properly a pier, dock or other structure, in accordance with this chapter, may result in its removal as provided for in this chapter and NCGS. The Building Inspector by the authority given by the Town of Lake Waccamaw shall cause the disconnection of any wiring that could endanger the public. (c) For structures constructed prior to the adoption of this ordinance, there will be a six (6) months compliance period for improvements, both structural and electrical, to make the structure safe. SECTION 10. Town authorized to remove hazardous structures. (a) In the event that an improperly maintained pier, dock or other structure now exists or will exist in the future, after the owner of such pier, dock or other structure has been notified by the building inspector and has failed to repair and bring the structure into a safe condition, the town or a contractor employed by the town may remove entirely this structure and its appurtenances and dispose of all materials, refuse and wreckage there from under the authority of NCGS 160A-426 and 160A-428. (b) The town may assess against the property owner the cost of such removal, which shall become a lien upon his property payable immediately. After a period of sixty (60) days there shall be assessed an additional interest rate of six (6) percent until the cost is paid. SECTION 11. Additional regulations of governmental agencies. (a) Nothing in this chapter shall preclude or deny the requirements of any other governmental agency relevant to the construction of pier facilities within the town. Where navigational jurisdiction exists, the requirements of the Federal/State government shall be met. (b) Permits for pier construction from the North Carolina State Parks or any other regulatory agency that is applicable shall be essential for consideration of a Town Building/Electrical permit for the construction of a pier or dock under the requirements of this chapter. Pier or dock construction not conforming to this chapter shall be denied and prevented under penalty of law. 5

6 SECTION 12. Exceptions and variances. The standard requirements of this chapter may be modified where, because of topographical or other conditions peculiar to the site or proposed construction, strict adherence to the provision of the regulations of this chapter would cause an unnecessary hardship, the owner may appeal to the Lake Waccamaw Board of Adjustments for a variance, if such variance can be made without destroying the intent of this chapter. Any variance thus authorized is required to be entered in writing in the minutes of the Board of Adjustments and the reasoning on which the departure was justified set forth. If the property owner is not satisfied with the decision rendered by the Board of Adjustments, the owner may appeal to the Superior Court of Columbus County. SECTION 13. Enforcement The Building Inspector and/or any other Town official or contractor hired by the Town licensed to enforce the relevant NC Building Codes shall inspect all piers/structures within its jurisdiction as follows: **Private Piers -- Biennial **Public/Commercial or Community piers Annually **Upon initial adoption of this ordinance, priority inspections will be given to existing piers reported to the Town in the following order: 1. Any piers reported by NC State Parks 2. Reports by citizens or other concerned groups 3. Commercial/Community piers A fee for such annual/biennial inspection will be assessed to the owner/hoa of the property. This fee will be set and reviewed annually by the Lake Waccamaw Board of Commissioners. Upon inspection of the pier/structure, the town shall issue, to the property owner, an inspection record for the inspections. If the Town issues a Notice of Violation to the pier owner for an unsafe structure including faulty wiring, a building permit will be required to repair items cited in the inspection report but there will be no fee for the permit. One inspection of the items in violation is in included with the annual/biennial inspection fee. If items cited fail the first inspection, there will an inspection fee charged for all subsequent inspections. If additional work is performed during this same time, a permit must be obtained for the new construction as defined in Section 5 of this ordinance and applicable permit fees will be assessed. Existing piers not meeting the current NC Building Code must be brought up to current code requirements unless adequate proof that the pier was inspected at the time of construction by a certified building inspector employed by the town or contracted by the town to perform building and/or electrical inspections within the State of North Carolina. 6

7 SECTION 14. Penalty Any person, firm or corporation who violates the provisions of this ordinance shall be assessed a civil penalty of $100 payable within ten (10) days to the Town of Lake Waccamaw at the office of the Town Clerk. Each day that violations continue to exist beyond the ten (10) days shall be considered a separate offense. In addition to any civil sanctions imposed herein, the offender shall be subject to a criminal penalty punishable by a fine not to exceed $500 pursuant to NCGS ADOPTED THE TH DAY OF ORDINANCE BECOMES EFFECTIVE, 2007 LAKE WACCAMAW BOARD OF COMMISSIONERS Ivan D. Wilson, Mayor Linda P. Noble, Clerk to Board 7