Md. Code Regs. 08.08.05.06 - Development Permits
A. Permit Required. A
person intending to develop property adjacent to the buffer strip, and who should
reasonably anticipate future requests for one or more buffer strip use permits in
connection with the development and use of the property, shall obtain a development
permit, if the property or the buffer strip, or both, are to be used in any of the
following ways:
(1) By constructing more than one
residential unit which has or will have deeded access to the same area of buffer
strip;
(2) By constructing multiple
family dwellings with access to the buffer strip;
(3) By installing or expanding a common dock
facility;
(4) By constructing or adding
onto a hotel, motel, condominium, or convention center with access to the buffer
strip.
B. Application. A
person who wishes to obtain a development permit shall apply to the lake manager on
a form provided by the Department. In addition, the application shall:
(1) Include a plan and plat showing the lake
frontage to be used and the property to be developed for which the development
permit is requested;
(2) State the
number of dwellings to be placed upon the property, the number of persons who will
use the lake frontage, and other information relevant to use of the buffer strip by
the occupiers of the property to be developed;
(3) Include a detailed plan for use of the buffer
strip and the lake by persons using the area of the buffer strip to which the permit
applies, including the proposed placement of a dock or docks, the number of slips,
and any restrictions concerning number of boats and size of boats.
C. Request for Information. The lake
manager may request information relevant to a decision as to the use of the buffer
strip, and may request the applicant or parties who will use the buffer strip to
prepare and execute appropriate covenants or contracts. Failure to comply with this
section shall result in denial of the application.
D. Issuance.
(1)
When a development permit is required for all or part of a property, the lake
manager may not issue a buffer strip use permit in connection with the property
unless the developer has obtained the development permit. The development permit is
intended to facilitate a preliminary review process for development employing deeded
access, common dock facilities, or multiple family dwellings, hotels, motels, and
convention centers. After reviewing the application for a development permit, the
lake manager may grant or deny the application as follows:
(a) If the lake manager determines that the plan
for use of the lake and buffer strip is not consistent with these regulations, the
lake manager shall deny the application for the development permit and for any
associated applications for buffer strip use permits requested for the developer,
the developer's successors in title, or the developer's lessees;
(b) If the lake manager approves the detailed plan
for use of the lake and buffer strip that is submitted with the application, the
lake manager may grant an application for a development permit and associated buffer
strip use permits;
(c) The lake manager
may approve or disapprove the proposed location, type and position of dock
facilities and mooring areas, or otherwise condition the development permit as
necessary considering the criteria set out in Regulation .01C of this
chapter;
(d) The lake manager may not
approve more than one slip space or mooring buoy for each 50 feet of usable buffer
strip frontage adjacent to the buffer strip to which the applicant has
title;
(e) The lake manager may approve
less than one slip space or mooring buoy for each 50 feet of frontage as described
in §D(1)(d) of this regulation, if the lake manager determines that this action
is necessary under the criteria set out in Regulation .01C of this
chapter;
(f) The lake manager may
approve the docking of personal watercraft at a common dock facility that originated
with a development permit if:
(i) The lake manager
determines that this action is necessary under the criteria set out in Regulation
.01C of this chapter; and
(ii) The
number of personal watercraft does not exceed 1/3 the total slips allocated through
the permit.
(2)
The lake manager may not issue a development permit to an applicant whose plan
includes any of the following:
(a) The creation of
a common area with less than 200 feet of usable buffer strip frontage;
(b) The use of more than one area of usable buffer
strip frontage, which does not have a continuous, uninterrupted common line shared
by the applicant and the Department;
(c)
The placement of common dock facilities in an area not immediately next to the
proposed common use area;
(d) The intent
to enter into long term lease agreements with a commercially designated facility for
the purpose of obtaining additional boat slips, or short term ramping access for
those not assigned boat slips in the common use area;
(e) Separate docks for less than three boats in
addition to a common dock;
(f) The use
of buffer strip frontage for which a previously issued buffer strip use permit
exists for a single residence, unless adequate steps are taken to clearly designate
a minimum of 100 feet of separate usable buffer strip frontage for that
parcel;
(g) The creation of lots which
do not meet local zoning requirements for the construction of a residential dwelling
unit;
(h) The use of a boat ramp
facility, when the ramp is intended to facilitate day use or dry storage of a number
of boats which, when combined with boats stored at docking and mooring facilities,
exceed the number of slips and moorings which could be permitted under the criteria
described in Regulation .01D of this chapter.
(3) Before obtaining a development permit, a
developer may not make any representation that a number or type of buffer strip
facilities or use of the buffer strip or lake has been or will be approved by the
lake manager in connection with the developed property.
(4) The lake manager may not issue a development
permit to an applicant who proposes a plan for use of the buffer strip which
includes a boat ramp facility, when the ramp is intended to facilitate day use or
dry storage of a number of boats which, combined with boats stored at the docking
and mooring facilities, exceeds the number of slips and moorings which could be
permitted under the criteria described in Regulation .01D of this chapter.
E. Fees. Upon receipt of a development
permit, the permittee shall forward to the lake manager the fee specified in the
permit. The permit shall be valid only after the lake manager receives the fee. This
fee is in addition to any fee assessed for a buffer strip use permit.
F. Activity under a Development Permit. The
development permit, including the approved lake and buffer strip use plan, shall
control the use of the buffer strip for the property included under the permit, and
buffer strip use permits shall be issued by the lake manager either to the
developer, to his tenants, or to his successors in title, only in conformance with
the development permit and plan.
G. The
lake manager, after consulting with the applicant, shall set a termination date for
the development permit. The lake manager may extend the termination date if the
applicant submits to the lake manager evidence of substantial progress. The
following shall be considered evidence of substantial progress:
(1) Financing commitments which extend beyond the
termination date of the permit;
(2) The
installation of footers for more than 60 percent of the project;
(3) Contracts with subcontractors and material
suppliers which extend beyond the termination date of the development
permit;
(4) Sales contracts with
prospective purchasers for more than 5 percent of the development.
Notes
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No prior version found.