§ 15-346. Dock maintenance and repair and minor modifications.

(a)

Dock maintenance and repair, generally. Docks shall be maintained in a safe and useable condition. The owner of property on which a dock is located is responsible for maintaining a dock in safe and useable condition. Best management practices must be used during all maintenance and repair activities. Information on best management practices may be obtained from the environmental protection division.

(b)

Maintenance and repair of docks permitted by Orange County. When maintenance and repair of docks permitted under this article involves the repair or replacement of pilings, or other portions of the dock at or below the water surface, the permit holder shall provide written notice to the environmental protection officer of the proposed maintenance and repair activities at least ten days prior to initiating the maintenance or repair activity. The notice must be provided on the notification form that may be obtained at the environmental protection division. At a minimum, the permit holder must identify the permit number, physical address of the property on which the dock is located, name of the permit holder, or current owner of the property if not the original permit holder, a description of the proposed maintenance or repair, and the date that the permit holder intends to commence the activity. Repairs that do not involve activity at or below the water surface are allowed without notice or permit. All maintenance and repair activities must maintain the original design and original footprint of the dock, as approved in the county permit.

(c)

Repair of unpermitted "grandfathered" docks constructed on or before December 19, 1988. The repair of unpermitted docks constructed on or before December 19, 1988, requires a permit issued under this article. Applications for the repair of docks constructed without a dock construction permit prior to December 19, 1988, shall contain the information required in paragraphs 15-341(b)(1), (2), (5), (6), (9) and (10). It is intended that docks constructed before December 19, 1988, be allowed to remain as constructed.

(d)

Maintenance of unpermitted "grandfathered" docks constructed on or before December 19, 1988. Maintenance activities of unpermitted docks constructed on or before December 19, 1988, do not require a permit under this article if the maintenance activities do not include repair or replacement of pilings or portions of the dock at or below the water surface.

(e)

Maintenance and repair of unpermitted docks constructed after December 19, 1988. Maintenance and repair of unpermitted docks that were constructed after December 19, 1988, shall be treated as the construction of a new dock and shall be required to obtain a dock construction permit prior to initiating construction, including demolition.

(f)

Minor modifications to permitted docks. Minor modifications to existing permitted structures or for "grandfathered" docks must be approved by the environmental protection officer. The applicant must submit a request for the proposed deviation change or modification to the original site plan to the environmental protection officer for consideration. Additional information may be requested from the applicant in order to complete the review. Minor modifications must comply with the provisions of this article. Any modification that may require a variance or waiver of any provision of this ordinance shall not be considered a minor modification. Any modification that increases the size of the terminal platform shall not be considered a minor modification. The environmental protection officer may require notification of abutting shoreline property owners of the application for minor modification.

(Ord. No. 2004-08, § 2, 5-18-04)