§ 58-3. General regulations.

(a)

Erosion. It shall be the responsibility of each lot owner whose lot fronts any navigable waterway other than the Atlantic Ocean and Bogue Sound to prevent the sloughing, erosion or deposition of dirt, soil, earth, or sand from his lot into the waterway.

(b)

Anchoring. No boat or watercraft other than those engaged in waterway maintenance or repair, shall be permitted to remain at anchor in any navigable waterway, or secured to any bridge piling, directional sign, etc., except in emergency situations, or as safety dictates under adverse weather conditions.

(c)

Speed. Boats shall be operated in a safe manner at all times, with due regard for the safety of persons and property. No boat shall be operated at such speed as to leave a wake, and, in no event, shall such speed exceed five miles per hour except when more than 200 feet from shore in the Atlantic Ocean or Bogue Sound. Boats operated by officials of any governmental agency as part of their official duties while enforcing federal, state, or local laws, ordinances, or regulations, or while carrying out rescue operations, are exempted from the speed limits established herein.

(d)

Discharging and dumping. No solid vegetable or organic material of any kind, including discharge from a boat head and including water used for laundering purposes or chemically polluted, shall be deposited, discharged or dumped in any waters of the town, except for the remains of fish or shell fish but not to include the shells.

(e)

Skiing or surfboarding . Skiing or surfboarding behind boats is prohibited in any waterway, other than the Atlantic Ocean or Bogue Sound more than 200 feet from shore.

(f)

Traps. Traps for catching crabs or other marine life are prohibited in all marked channels and in the navigable portion of any other waterway.

(g)

Bridges. There shall be no diving or jumping from bridges into the canal or channels of the town, and there shall be no swimming under the bridges. Fishing from the bridges is also prohibited.

(h)

Marine railways and ramps. No permanent inclined structure for getting a boat in or out of the water shall be permitted unless owned by an association of owners for the benefit of all members of the association.

(i)

Permits. Prior to the construction, repair, alteration or reconstruction, of any structure permitted by this chapter, a building permit shall be procured from the building inspector. The plans and specifications shall be submitted to the community appearance commission for review as required by section 74-3(h)(2)h, except that no such plans shall be submitted to the community appearance commission for review if the applicant's permit complies at the time of submission for his application with the provisions of section 58-3(j)(3) and (5).

(j)

Requirements for acceptable bulkhead rework . An application for a building permit pursuant to section 58-3(i) shall be accompanied by the following:

(1)

A plot plan or sketch of the affected lot showing lot number, street name and dimensional location of the proposed structure or rework.

(2)

A plan view and elevation drawing with a typical section showing all dimensions.

(3)

In lieu of the drawing required pursuant to subsection (j)(2) of this section, the applicant may submit a statement that the proposed improvement will be constructed in accordance with the drawing entitled "refacing original bulkheads," or the drawing entitled "refacing original bulkheads" which drawings are inserted for reference purposes at the end of this chapter.

(4)

Complete specifications and complete construction plans.

(5)

In lieu of the specifications required pursuant to subsection (j)(4) of this section, the applicant may submit a statement that the proposed improvements will be constructed in accordance with the specifications entitled "Suggested Specifications for Bulkhead Refacing" or "Specifications on New Bulkhead Replacement" which specifications are inserted for reference purposes at the end of this chapter.

(6)

The following requirements shall be applicable to all bulkhead rework:

a.

To the extent that an applicant elects to utilize wooden members in the construction, repair, or rework of a bulkhead, all such wood members shall be pressure treated.

b.

All pressure-treated material shall be left in its natural color.

c.

Replacement caps shall maintain the cap height as originally established.

d.

All bulkhead rework, whether refacing or replacing, must be done in sections of sufficient length to tie into at least two structurally sound dead men. Notwithstanding this requirement, should the building inspector determine that the work for which the permit is sought is of a nature of a minor repair, and that, after the completion of the repair, the bulkhead will be structurally sound, the building inspector shall be authorized to waive compliance with this subsection. Any such waiver shall be in writing, and shall be included as a condition to the issued permit.

(Code 2001, § 16-3; Ord. No. 1984-2, §§ 16-3.1—16-3.9, 3-13-1984; Ord. No. 1987-15, § 1, 6-9-1987; Ord. No. 1990-3; Ord. No. 2001-7, 6-12-2001)