§ 118-1326. Permit procedure and criteria.

(a)

Application and supporting data. Any person applying for a boat ramp permit shall be required to submit five copies of the application to the community development department—building division. No application shall be accepted unless accompanied by an application fee, as established by the city, which fee shall be nonrefundable, the payment of which does not guarantee issuance of a permit. Application forms shall be provided by the building division and shall require the following information, at a minimum:

(1)

Proof of applicable Florida Department of Environmental Protection permits for the proposed boat ramp and, if requested, the companion boat dock;

(2)

Proof of applicable U.S. Army Corps of Engineers permit for the proposed boat ramp and, if requested, companion boat dock;

(3)

If applicable, a copy of the submerged lands lease from the Florida Department of Natural Resources pertaining to the requested boat ramp and, if requested, the companion boat dock;

(4)

Satisfactory evidence of title to or extent of interest of the applicant in:

i.

The riparian upland ownership; and

ii.

The ownership of the submerged boat ramp facility site.

Regardless of the foregoing, a claim of ownership of the submerged part of the boat ramp facility site by the Florida Department of Natural Resources shall not preclude issuance of a boat ramp facility permit, provided that the applicant has complied with any applicable department of natural resources or other state or federal requirements necessary to allow use of such submerged lands;

(5)

A survey of the boat ramp facility site, including a depiction of all easements, rights-of-way, improvements and other encroachments. The survey shall depict the property at the time of permit application and shall be prepared, signed and sealed by a surveyor registered in the State of Florida;

(6)

A site plan depicting the boat ramp facility and any other existing or proposed improvements (including parking spaces) at the boat ramp facility site. Such site plan shall also depict the normal high water elevation. A site plan for a semi-private boat ramp facility or commercial boat ramp facility must be prepared by a professional engineer licensed in the State of Florida;

(7)

Calculations regarding the amount of fill and excavation that will be required for construction of the boat ramp facility;

(8)

A list of materials that will be used to construct the boat ramp facility;

(9)

Cross section survey depicting slopes, elevations and depth profiles of the boat ramp facility;

(10)

Verification that the proposed boat ramp facility is a permitted use under applicable zoning regulations or has otherwise been approved by the planning and zoning board as a special exception;

(11)

Any applicable permitting fees which may be set from time to time by city commission by separate resolution;

(12)

A current tax map illustrating all upland property located within a 300-foot radius of the boundaries of the boat ramp facility site, including the names and mailing addresses of the owners of all such properties. If the application is for a public or commercial boat ramp facility, or for a semi-private boat ramp facility where launching of motorized boats would be allowed, the names and mailing addresses of the following upland owners is required:

i.

If the proposed boat ramp facility is on a lake, all upland owners on the lake whereon the proposed boat ramp facility is to be located; or

ii.

If the proposed boat ramp facility site is on a canal or similar impoundment, all upland owners on the nearest lake which is navigably accessible from the canal or impoundment as well as those upland owners on the subject canal or impoundment.

(b)

General site performance criteria and requirements.

(1)

No boat ramp facility of any kind shall be permitted without adequate stormwater management facilities which, in the opinion of the city engineer, are designed to effectively intercept all stormwater from the boat ramp above the normal high water elevation; however, all commercial boat ramp facilities and semi-private boat ramp facilities shall be required to have stormwater management facility designs consistent with the criteria contained in this chapter. The foregoing criteria are not intended to exempt the upland portion of the boat ramp site from any other applicable regulations regarding stormwater retention and mitigation.

(2)

No private or semi-private boat ramp shall be more than 15 feet in width.

(3)

In order to prevent boat prop scouring and littoral zone damage, no boat ramp facility, except for a private boat ramp facility, shall be permitted unless built in conjunction with a companion boat mooring dock.

(4)

A companion boat mooring dock shall have not more than one boat slip, unless constructed in conjunction with a commercial or public ramp facility.

(5)

To discourage boat maintenance and repairs at boat ramp facility sites, electrical outlets and lighting of any kind shall be prohibited within 100 feet of any boat ramp facility, except for a private boat ramp facility.

(6)

Public road access to any commercial or public boat ramp facility site is mandatory.

(7)

Adequate parking for cars and trailers at any semi-private boat ramp facility site must be provided. Parking on adjoining streets is prohibited.

(8)

The parking of any car or trailer at any semi-private boat ramp facility site by individuals other than those authorized to use the boat ramp facility site is expressly prohibited. At least one sign informing the public of the foregoing restriction and one "Tow-Away" warning sign, as required by the applicable state statute, shall be required at each semi-private boat ramp facility site. All parking areas shall be landscaped in accordance with this chapter. A landscape buffer of at least ten feet or, in the alternative, a five-foot high masonry wall shall be required between parking areas that are adjacent to residential areas. The number of parking spots permitted at a semi-private boat ramp facility shall be limited to a maximum of six vehicle and trailer spaces.

(9)

No semi-private companion boat mooring dock shall exceed the length of the boat ramp (measured from the normal high water mark to the waterward end of the ramp) or exceed a width of four feet.

(10)

Boathouses and other similar sheltered structures proposed to be built in conjunction with a companion boat mooring dock are prohibited.

(11)

No portion of any boat ramp or any type of boat ramp facility shall be closer than 25 feet from the projected property line of abutting shoreline owners.

(12)

No boat ramp or any type of boat ramp facility may be located on any lot or parcel that is smaller than 70 feet wide by 100 feet deep (or equivalent perimeter in the event of irregularly shaped lots). Except in the case of a private boat ramp facility, any such boat ramp or boat ramp facility shall be considered the principal use of any such lot or parcel.

(13)

A developer's agreement between the applicant and city shall be required as a condition of approval of any commercial or semi-private boat ramp facility, which agreement shall be recorded at the applicant's expense and shall: (a) allocate to the applicant and its successors and assigns the responsibility for maintenance and costs arising from use of the boat ramp facility including, but not limited to, costs for increased water safety enforcement and maintenance, which costs shall not exceed ten percent of the assessed value of the boat ramp facility site; (b) set forth any applicable restrictions on the use of such boat ramp facility; (c) authorize that the semi-private boat ramp facility site may be liened in the event that the boat ramp facility site is not properly maintained; and (d) require the applicant to post a one-year irrevocable letter of credit, in favor of the city, in the amount of ten percent of the assessed value of the boat ramp facility site in favor of the city to secure the foregoing costs.

For the purposes of this subsection, "maintenance" shall mean keeping the boat ramp facility and site in a condition which is:

i.

Compliant with applicable land development and safety regulations;

ii.

Consistent with the standard of upkeep of the majority of lots of the subdivision (or surrounding neighborhood if the boat ramp facility site is not located within a subdivision) wherein the boat ramp facility site is located; and

iii.

Safe and functional.

(14)

The city shall have the authority to clean, clear, fence and otherwise block access to any boat ramp facility site that is not properly maintained until such site has been restored and repaired to the satisfaction of the city and the city has been reimbursed for the costs of cleanup.

(15)

Overnight mooring, beaching or storage of boats shall be prohibited at any semi-private boat ramp facility site.

(16)

Restrooms at semi-private boat ramp facilities are encouraged.

(17)

There shall be no more than one boat ramp per subdivision or, if there is no subdivision, planned development.

(18)

All semi-private boat ramp facilities shall have at least one trash receptacle with a capacity of at least 33 gallons.

(19)

All parking, refuse and restrooms shall be designed in a manner consistent with the surrounding land uses.

(20)

Landscaping, screen walls and any other available measures to reduce and mitigate unreasonable noise impacts shall be a part of the design of all boat ramp facilities.

(21)

A "No Wake" sign shall be posted at all boat ramp facilities requiring no wake within a 100-foot radius of the boat ramp facilities, regardless of whether a skier, wakeboarder, or other person and/or object intended to be towed by a boat is being dropped off or picked up.

(c)

Minimum design criteria. Any public or commercial boat ramp facility shall, in addition to the foregoing, be subject to the following minimum design criteria:

(1)

Boat ramp size:

i.

Width: Single lane, 12 to 15 feet in width. For additional lanes, use multiples thereof; for example, a double lane boat ramp would be 30 feet in width.

ii.

Length: The surface of the ramp should be paved down to an elevation of five feet below the lowest recorded water elevation and two feet above the normal high water elevation.

(2)

Boat ramp slope: A minimum of ten degrees and maximum of 15 degrees.

(3)

Number of lanes: A minimum of one lane for every 50 boats per day for which the boat ramp facility is designed.

(4)

Miscellaneous boat ramp criteria:

i.

All boat ramps shall have a wheel stop to prevent the boat trailer from backing off of boat ramp.

ii.

All shoreline alterations shall be stabilized. For purposes of this article, a stabilized shoreline shall include, but not be limited to, the following: Rock revetment, aquatic vegetation planting or sod, each of which must be staked in place.

iii.

The wetted part of a boat ramp should be paved with 3,000 psi concrete.

(5)

Companion boat docks: One companion boat dock shall be required to be constructed in conjunction with each boat ramp lane which is part of a commercial or public boat ramp facility. Each such companion boat dock shall extend out into the water basin and have a minimum boarding length of 50 feet for each boat ramp lane and conform to the requirements imposed under division 10 of this chapter unless stated otherwise herein or modified by an appropriate variance.

(6)

Maneuverability:

i.

Boat ramps shall have an approach area for maneuvering and backing, extending at least 40 feet from the landward end of the boat ramp.

ii.

The approach area shall be designed to allow a vehicle to approach the boat ramp at a horizontal angle no greater than 30 degrees from center line of the boat ramp.

(7)

Parking:

i.

No more than: (a) 30 vehicle and trailer spaces; and (b) three vehicle only spaces shall be allowed on one acre of a boat ramp facility site. Regardless, two vehicle only spaces may be substituted for any one of the "vehicle and trailer" spaces permitted under this provision.

ii.

Parking spaces shall be depicted on the site plan submitted by the applicant and must demonstrate that there is reasonable space allowed for safe circulation of the maximum number of vehicles and connected trailers proposed to be parked at the boat ramp facility site.

(8)

Locational criteria: In order to minimize scouring of sediments and destruction of littoral zones, navigable water access must exist at all times from the submerged end of the boat ramp.

(d)

Review criteria. Boat ramp applications shall be processed by the building department and the engineering department with additional review to be conducted by the planning and zoning department. City staff shall review permit applications and, in addition to ensuring that all other applicable requirements are met, shall issue the permit with or without conditions or otherwise deny the permit, after considering the shoreline configuration, depth, surface area, and tophic condition of the water body whereon the boat ramp facility is proposed, in conjunction with the following criteria:

(1)

The potential number of additional users of the waters that would result from approval of the boat ramp facility;

(2)

The number of existing boat ramps and similar recreational uses on the waters and the extent to which such existing boat ramps and similar recreational uses to the waters are available to the public;

(3)

Noise impacts on residents living directly adjacent to the waters;

(4)

The impact that the proposed semi-private boat ramp facility will have on the adjacent area (it is the intent of this subsection that strong preference be given to proposed semi-private boat ramp facilities located on internal lots, as opposed to corner lots in a subdivision);

(5)

Whether the fish, wildlife, flora and fauna, including endangered or threatened species (as those threatened or endangered species may be defined from time to time by the applicable local, state or federal laws and regulations) or their habitats will be adversely affected;

(6)

Whether the boat ramp facility will adversely affect navigation, water quality, water flow, or cause harmful erosion, shoaling, or sediment resuspension;

(7)

Whether there exists a navigable passage from the boat ramp facility to the waters;

(8)

Whether the ecological balance of the waters will be adversely affected;

(9)

Whether the boat ramp facility will adversely affect significant historical and archaeological resources as defined by state law;

(10)

Whether the boat ramp facility will pose a hazard to normal vehicular traffic as a result of trailering vehicles leaving or entering roads;

(11)

Whether the boat ramp facility will pose a hazard to boating traffic on the waters, or otherwise adversely affect public safety, given the number of people using the waters, as well as the size, depth and shoreline configuration and natural contours (i.e., existence of a cove, blind spot, etc.) of the subject waters;

(12)

If there is existing unrestricted public access to the waters where the boat ramp facility is proposed, the applicant must further demonstrate the need for additional access to the waters considering in part:

i.

The number of existing boat ramps on the subject waters;

ii.

The number of existing boat ramps on any adjoining waters connected to the subject waters by any waters capable of passage by any watercraft; and

iii.

The distance from the proposed boat ramp facility to any existing boat ramp on the same waters.

(13)

Whether the proposed boat ramp facility would adversely affect areas of special concern including, but not limited to, outstanding Florida waters, wetlands areas which provide habitat for endangered species or threatened species (as those endangered or threatened species may be defined by applicable local, state or federal law or regulations) and conservation areas as defined by, and in accordance with, the city comprehensive plan.

(14)

Interrelationship and organization of multiple uses of the water body that is the site of the proposed boat ramp facility, including:

i.

Whether portions of the lake surface have been designated for different activities;

ii.

The type of boating permitted on the water body (e.g., whether only nonpower boating has been authorized);

iii.

Whether certain uses of the lake have been restricted to certain times of the day;

iv.

Whether no-wake areas have been established around shoreline fishing areas;

v.

The location of swimming areas or other existing or permitted boat ramps.

(e)

Notice. Notice to neighboring property owners. Upon receipt of an application the city shall send notices by first class mail to the owners of the property in the general neighborhood (typically but not limited to 300 feet). All such notices shall require that written comments on the proposed boat ramps be sent to the city within 15 days from the date the notices were sent.

(Ord. No. 11-20, § II, 9-21-11)