FWR Dock Regulations - Draft
FWR 10.16 Specific Activities Regulated
Introduction - Under the Bylaw, activities in the following areas are subject to Conditions by the Commission. The complexity of these activities warrants the specific requirements set forth below.
(1) Coastal Docks and Piers.
(a) Introduction. The construction, use, and maintenance of docks and piers are likely to have a significant or cumulative adverse effect on the Resource area values of storm damage prevention, shellfish, fisheries, wildlife habitat, aesthetics, erosion and sediment control, aquaculture, and recreation. Construction, maintenance and use of private Docks can have adverse effects on Resource areas and navigation for recreational purposes. Further, docks destroyed by storm pose a threat to nearby properties by increasing water borne debris.
Turbulence and prop dredging generated by boat traffic significantly increase turbidity levels. High turbidity levels attenuate the sunlight necessary for photosynthetic processes responsible for the primary productivity and oxygen regeneration of the water. The suspended sediments settle on shellfish beds, smothering existing shellfish and altering the quality of the sand bottom essential for spat (mollusk larvae) settlement. Resuspension of bottom sediments causes redistribution of sediments, alteration in sediment grain size distribution and causes changes in bottom topography relief, elevation and grade, including creation of depressions in the bottom. Resuspension of sediments into depressions creates deep pockets of sediment which may not be able to physically support shellfish or which can become anoxic and therefore not support shellfish. Resuspension of sediments during the period of shellfish larval settlement hinders or prevents the effective settlement of shellfish larvae. Boat traffic generated from docks will add to this disruption and will cause erosion of banks and marshes.
Construction of docks and subsequent boat activity causes resuspension of nutrient-laden sediment particles which may cause a release of sediment-bound nutrients to the water column resulting in a "bloom" of vegetation, release of nutrients to the water column leads to eutrophication and anoxic bottom conditions. Anoxic sediments and anoxic bottom conditions create adverse impacts on benthic resources, including shellfish and fisheries.
While Dock construction is typically the least environmentally destructive method of crossing a marsh, it may adversely affect the physical characteristics and functional value of a marsh. Marsh plants provide the major energy flow (detritus food chain) between the autotrophic and heterotrophic levels in a marsh-estuarine system. Many species of sport and commercial fish and shellfish are dependent upon this system. Plants adapted to high ambient light intensity, such as marsh grasses, are ill-adapted to the shaded conditions created by a dock. Shading may result in the loss of vegetative biomass (decreased plant height, population density, and leaf thickness) or alteration of species composition. Reductions in plant density result in the loss of sediment normally trapped by roots and culms. Tidal washout of sediment could result in localized depressions which, through evaporation of trapped water, concentrate salt. High sediment salt levels effectively preclude recolonization by original vegetation. Localized tidal washout may lead to further vegetative regression, extension, and disruption of natural communities in the area.
Propeller turbulence near or in areas or submerged aquatic vegetation, such as eel grass, or salt marsh damages vegetation, thereby increasing the rate at which organic detritus is produced. If this organic detritus does not completely decompose aerobically, then anoxic bottom conditions will ensue, which adversely impact shellfish and fisheries.
Cumulative impacts of the construction, maintenance and use of docks threaten to decrease the overall productivity of the marsh ecosystem, to reduce its ability to absorb storm wave energy, and to reduce its contribution to groundwater and surface water quality.
Docks and piers when placed in land containing shellfish have an adverse impact on the resource area value of aquaculture. The placement length and size of the dock and the floats can interfere with the harvesting of quahogs and scallops.
Docks, depending on their length, can have an adverse impact on recreation by interfering with recreational boating activities. Not properly designed, docks can interfere with intertidal lateral access for recreational fishing and fowling. Any proposal that affects navigation is likely to have a significant or cumulative adverse effect on recreation. Depending on their height, length compatibility with surrounding environs and overall visibility docks can create on adverse impact to the aesthetics of the area. Excessive lighting on docks can interfere with recreational activities, cause temporary "night blindness" in recreational boaters, and have an adverse impact to the aesthetics of the night sky.
(b) Submission Requirements for all Docks:
If an incomplete submission is received, the Commission shall issue a procedural denial, without prejudice, in accordance with FWR 10.05(9)(a).
1. A narrative description of materials used, i.e., size of pilings, deck percent open area, spacing between planks, flotation materials, toxicity of any materials and potential for leaching into the water from the materials;
2. A narrative description of the construction process including the use of barges, pile driving technique, cranes and heavy equipment;
3. An accurate, detailed drawing showing type of construction, size, means for mooring if floating, exact location, depth of water within a fifty-foot radius of each side of dock, mean high water line (mhw), mean low water line (mlw), extreme low water line (elw), location of where boats will be tied to dock or pier (mooring field), water depths (mlw) throughout the mooring field, property boundary lines and edge of resource areas;
4. A note on the plan indicating the site for winter storage of floats and method of hauling (if any);
5. The dock's effect on navigation reviewed and approved by the Harbormaster;
6. A shellfish survey conducted in accordance with FWR 10.34 (4);
7. A shellfish mitigation plan if required by the performance standards;
8. Location of all docks and moorings within two hundred (200) feet of the proposed Dock and float;
9. Location of eel grass within one hundred (100) feet of the proposed structure;
10. Description of lighting, electrical and potable water connections including sufficient detail to demonstrate compliance with any lighting performance standards. (lighting); and
11. A locus and title box which includes the street address.
12. A signed statement by the owner, applicant, engineer, shellfish expert and other professional utilized in preparing the submittal that each such individual has reviewed the performance standards contained herein and that the proposed project meets each standard. Any consultant utilized in the application need only certify those areas that fall within the consultant’s area of expertise. In the alternative, the applicant may submit an application for a Variance in accordance with FWR 10.13.
13 For community and common docks only, sufficient legal documentation to demonstrate the rights in interest of the locus and that the dock will remain as a community dock or common dock for the life of any such dock.
(c) Design Specifications and Performance Standards Commercial Harbors:
1. Docks and piers shall be constructed in proportion to vessel(s) that the dock or pier will serve. No dock may be constructed of a length that interferes with the recreational interests protected under the by-law.
2. To keep disturbance of the bottom minimal at all times during both construction and use, the water depth at the end of the Dock shall be a minimum of four (4) feet at the time of mean low water or three (3) feet greater than the draft of vessels served by the dock or pier whichever is the greatest depth.
3. The landward approach to a dock shall not harm vegetation on a coastal wetland, freshwater wetland or coastal bank (a marsh shall be crossed by a raised walkway, and coastal banks must be preserved by use of suitable stairs.);
4. Except for floating portions of a dock, the decking surface shall not reduce normal ambient lighting, i.e. sunlight, by more than 50 percent.
(d) Design Specifications and Performance Standards Recreational Harbors
1. Docks shall not exceed over one hundred (100) feet in length beyond mean high tide, or one hundred (100) feet in length beyond the landward edge of salt marsh, or otherwise prohibit or unreasonably impede legitimate passage along a beach or through navigation over the waters for recreational or aquacultural purposes;
2. To keep disturbance of the bottom minimal at all times during both construction and use, the water depth at the end of the dock shall be a minimum of three (3) feet at the time of mean low water.
3. The area of the terminal "L" or "T" shape in a fixed dock, or the float, or combination thereof, shall not exceed one hundred (100) square feet;
4. The design and construction shall not interfere with recreational intertidal lateral access;
5. No portion of the dock or pier may be closer than 10 feet from the property boundary or extended property boundary line into the intertidal and tidal zones.
6. Floating docks shall be fixed by piers utilizing a hoop roller or other approved designed fastening system;
7. The landward approach to a dock shall not harm vegetation on a coastal wetland, freshwater wetland or coastal bank (a marsh shall be crossed by a raised walkway, and coastal banks must be preserved by use of suitable stairs.);
8. An area where the float(s), if any, will be stored shall be designated on the plan;
9 Except for floating portions of a dock, the decking surface shall not reduce normal ambient lighting, i.e. sunlight, by more than 50 percent.
10. The maximum horizontal footcandle level as measured directly below each complete lighting unit shall not exceed two-tenths (0.2) footcandle (Fc)
(e) Design Specifications and Performance Standards - Areas of Critical Environmental Concern and Districts of Critical Planning Concern
1. No new docks shall be allowed unless the applicant demonstrates that a public benefit will derive from the construction of the dock or pier.
2. The design specifications for recreational harbors shall apply.
(f) Design Specifications and Performance Standards - Community Docks (except in Areas of Critical Environmental Concern or Districts of Critical Planning Concern)
1. Docks shall not exceed of the following: over one hundred (100) feet in length beyond mean high tide, or one hundred (100) feet in length beyond the landward edge of salt Marsh. The proposed dock or pier shall not otherwise prohibit or unreasonably impede legitimate passage along a beach or through navigation over the waters for recreational or aquacultural purposes;
2. To keep disturbance of the bottom minimal at all times during both construction and use, the water depth at the end of the dock shall be a minimum of three feet (3) at the time of mean low water.
3. The area of the terminal "L" or "T" shape in a fixed Dock, or the float, or combination thereof, shall not exceed one hundred (100) square feet;
4. The design and construction shall not interfere with recreational intertidal lateral access;
5. No portion of the dock or pier may be closer than 10 feet from the property boundary or extended property boundary line into the intertidal and tidal zones.
6. Floating docks shall be fixed by piers utilizing a hoop roller or other approved designed fastening system;
7. The landward approach to a dock shall not harm vegetation on a coastal wetland, freshwater wetland or coastal bank (a marsh shall be crossed by a raised walkway, and coastal banks must be preserved by use of suitable stairs.);
8. An area where the float(s), if any, will be stored shall be designated on the plan;
9. Except for floating portions of a dock, the decking surface shall not reduce normal ambient lighting, i.e. sunlight, by more than 50 percent.
10. The maximum horizontal footcandle level as measured directly below each complete lighting unit shall not exceed two-tenths (0.2) footcandle (Fc).
11. In addition to the marking contained in FWR 10.16(1)(i)(4), the following message shall be displayed on each section of the dock identified for the attachment of dinghies – “dinghies only.”
(g) Design Specifications and Performance Standards - Common Docks (except in Areas of Critical Environmental Concern or Districts of Critical Planning Concern)
1. Docks shall not exceed the following: over one hundred (100) feet in length beyond mean high tide, or one hundred (100) feet in length beyond the landward edge of a salt Marsh. The proposed dock or pier shall not otherwise prohibit or unreasonably impede legitimate passage along a beach or through navigation over the waters for recreational or aquacultural purposes;
2. To keep disturbance of the bottom minimal at all times during both construction and use, the water depth at the end of the dock shall be a minimum of three feet (3) at the time of mean low water.
3. No maximum size of a common dock is established. The Commission shall consider the reduction of the total number of potential docks in the area in permitting a common dock. In no case may the mooring field of a common dock be larger than what would have been permitted by the total area of the individual potential docks of common owners.
4. The design and construction shall not interfere with recreational intertidal lateral access;
5. Floating docks shall be fixed by piers or pilings utilizing a hoop roller or other approved designed fastening system;
6. The landward approach to a dock shall not harm vegetation on a coastal wetland, freshwater wetland or coastal bank (a marsh shall be crossed by a raised walkway, and coastal banks must be preserved by use of suitable stairs.);
7. An area where the float(s), if any, will be stored shall be designated on the plan;
8. Except for floating portions of a dock, the decking surface shall not reduce normal ambient lighting, i.e. sunlight, by more than 50 percent.
9. The maximum horizontal footcandle level as measured directly below each complete lighting unit shall not exceed two-tenths (0.2) footcandle (Fc).
(h) General Requirements and Prohibitions all Docks and Piers.
1. No new docks or piers or extension of an existing dock or pier may be constructed in any portion of FEMA designated velocity zone (V-Zone) unless the applicant demonstrates that there will be public benefit from the project. The Commission shall weigh the potential likelihood, damage and harm that any such dock or pier would cause during a storm event with the public benefit demonstrated by the applicant in determining whether the project should be allowed.
2. No new dock or pier shall be allowed if, within 35 feet of the area designated by the applicant as the mooring field, there are significant quantities of shellfish as defined by FWR 10.34 (3) and the area has been historically used for shellfishing or has potential for shellfishing, and the sediment provides a viable shellfish habitat.
3. If, within 50 feet of any portion of the dock or pier, there are significant quantities of shellfish as defined by FWR 10.34 (3) or the area has been historically used for shellfishing or has potential for shellfishing, or the sediment provides a viable shellfish habitat, the applicant shall provide a shellfish mitigation plan.
4. The Commission shall presume that there are significant quantities of shellfish in any area actively shellfished within the previous six months of the shellfish survey.
5. No new, replacement, or substantial alteration of an existing dock or pier shall be permitted within fifty (50) feet of an area of eel grass (Zostera marina).
6. No toxic materials may be used to construct a dock or pier.
7. Any floating section of a dock or pier shall have a minimum water depth of three feet under all portions of that floating section of the dock or pier including times of extreme low water. This depth shall be measured as the shortest distance from any portion of the bottom of the floating section to the seabed.
(i) The following shall be included as special conditions for all dock or pier projects:
1. Boats at the dock shall not be allowed to leak oil or other pollutants into water, nor shall oil or fuel be stored on the dock or pier.
2. Motor boats shall not be run in gear while tied to the dock, since prop wash disturbs shellfish beds, stirs up sediment and causes bank erosion.
3. Off-season storage of temporary/seasonal docks and floats shall be in upland areas.
4. The street address or business name shall be clearly displayed on the seaward face of the dock, using three-inch numbers/letters of a contrasting color.
5. If the use of the dock or pier causes actual damage to any resource areas through prop dredging, bottom scouring, oil or hazardous discharge, or destruction of shellfish resources, the dock or pier may be ordered removed at the owner’s expense in accordance with the provisions of FWR 10.16. The owner shall be responsible for all costs associated with removal of the dock including any legal or other costs to include attorney’s fees incurred by the Conservation Commission in enforcing this special condition.
6. If construction is not completed and a Certificate of Compliance issued within three years of the issuance of this permit, or affirmance of this permit after appeal, this permit is void. An applicant may request an extension of this time provided that such request is submitted at least 30 days prior to the end of the time.
7. If this permit and the plan of reference are not properly recorded in the Barnstable Registry of Deeds within 30 days of issuance, or 30 days of affirmance after appeal, this permit is void.
8. Normal maintenance and repair of a dock or pier is allowed. No extension, alteration or change from the plan of reference is permitted without first obtaining a modification to this permit in accordance with Conservation Commission procedures.
9. Boats shall be tied or attached only in those areas of the pier or dock so identified on the plan.
(j) Permits
1. Initial permits will be granted for a period of three years. After the initial period has expired the Conservation Administrator may issue a renewal of the permit for a period of five years provided there is no measurable adverse impact from the use of the pier or dock on any resource area protected by the by-law.
2. If the Conservation Administrator or Agent determines that adverse impacts are occurring from the use of the dock, the owner shall be notified in writing and the Commission shall hold a hearing on the renewal.
3. If the Commission, after hearing, determines that adverse impacts are occurring from the use of the dock or pier, the owner shall have one year from the hearing to correct and mitigate all harm caused by the use of the pier or dock.
4. If, after the one year, all damage has been corrected and properly mitigated, the Commission shall issue a permit for three (3) years.
5. If, after the one year, there is evidence of actual harm to resource areas, the dock shall be ordered removed at the owner’s expense. Removal shall occur in accordance with a permit issued by the Commission within the time designated in the permit. The permit ordering removal of the pier or dock shall be recorded in the Barnstable Registry of Deeds within 14 days of issuance even if an appeal is taken.
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10.04 Community Dock. A single pier or float located approved by the Planning Board pursuant to Article XXV of the Zoning By-law for loading and unloading of passengers and/or cargo and the tying up of dinghies.
Dinghy. A rowboat or small vessel powered by an engine less than 9 horsepower used to transit from a dock or pier to a mooring.
Common Dock. A single pier or float serving two or more contiguous waterfront properties where each of the contiguous lots would qualify for an individual private dock. An essential element of any common dock shall be a finding by the Commission that the number of potential docks in the immediate area has been permanently reduced as demonstrated by the legal documentation submitted by a community dock applicant.
FWR 10.16 Specific Activities Regulated
Introduction - Under the Bylaw, activities in the following areas are subject to Conditions by the Commission. The complexity of these activities warrants the specific requirements set forth below.
(1) Coastal Docks and Piers.
(a) Introduction. The construction, use, and maintenance of docks and piers are likely to have a significant or cumulative adverse effect on the Resource area values of storm damage prevention, shellfish, fisheries, wildlife habitat, aesthetics, erosion and sediment control, aquaculture, and recreation. Construction, maintenance and use of private Docks can have adverse effects on Resource areas and navigation for recreational purposes. Further, docks destroyed by storm pose a threat to nearby properties by increasing water borne debris.
Turbulence and prop dredging generated by boat traffic significantly increase turbidity levels. High turbidity levels attenuate the sunlight necessary for photosynthetic processes responsible for the primary productivity and oxygen regeneration of the water. The suspended sediments settle on shellfish beds, smothering existing shellfish and altering the quality of the sand bottom essential for spat (mollusk larvae) settlement. Resuspension of bottom sediments causes redistribution of sediments, alteration in sediment grain size distribution and causes changes in bottom topography relief, elevation and grade, including creation of depressions in the bottom. Resuspension of sediments into depressions creates deep pockets of sediment which may not be able to physically support shellfish or which can become anoxic and therefore not support shellfish. Resuspension of sediments during the period of shellfish larval settlement hinders or prevents the effective settlement of shellfish larvae. Boat traffic generated from docks will add to this disruption and will cause erosion of banks and marshes.
Construction of docks and subsequent boat activity causes resuspension of nutrient-laden sediment particles which may cause a release of sediment-bound nutrients to the water column resulting in a "bloom" of vegetation, release of nutrients to the water column leads to eutrophication and anoxic bottom conditions. Anoxic sediments and anoxic bottom conditions create adverse impacts on benthic resources, including shellfish and fisheries.
While Dock construction is typically the least environmentally destructive method of crossing a marsh, it may adversely affect the physical characteristics and functional value of a marsh. Marsh plants provide the major energy flow (detritus food chain) between the autotrophic and heterotrophic levels in a marsh-estuarine system. Many species of sport and commercial fish and shellfish are dependent upon this system. Plants adapted to high ambient light intensity, such as marsh grasses, are ill-adapted to the shaded conditions created by a dock. Shading may result in the loss of vegetative biomass (decreased plant height, population density, and leaf thickness) or alteration of species composition. Reductions in plant density result in the loss of sediment normally trapped by roots and culms. Tidal washout of sediment could result in localized depressions which, through evaporation of trapped water, concentrate salt. High sediment salt levels effectively preclude recolonization by original vegetation. Localized tidal washout may lead to further vegetative regression, extension, and disruption of natural communities in the area.
Propeller turbulence near or in areas or submerged aquatic vegetation, such as eel grass, or salt marsh damages vegetation, thereby increasing the rate at which organic detritus is produced. If this organic detritus does not completely decompose aerobically, then anoxic bottom conditions will ensue, which adversely impact shellfish and fisheries.
Cumulative impacts of the construction, maintenance and use of docks threaten to decrease the overall productivity of the marsh ecosystem, to reduce its ability to absorb storm wave energy, and to reduce its contribution to groundwater and surface water quality.
Docks and piers when placed in land containing shellfish have an adverse impact on the resource area value of aquaculture. The placement length and size of the dock and the floats can interfere with the harvesting of quahogs and scallops.
Docks, depending on their length, can have an adverse impact on recreation by interfering with recreational boating activities. Not properly designed, docks can interfere with intertidal lateral access for recreational fishing and fowling. Any proposal that affects navigation is likely to have a significant or cumulative adverse effect on recreation. Depending on their height, length compatibility with surrounding environs and overall visibility docks can create on adverse impact to the aesthetics of the area. Excessive lighting on docks can interfere with recreational activities, cause temporary "night blindness" in recreational boaters, and have an adverse impact to the aesthetics of the night sky.
(b) Submission Requirements for all Docks:
If an incomplete submission is received, the Commission shall issue a procedural denial, without prejudice, in accordance with FWR 10.05(9)(a).
1. A narrative description of materials used, i.e., size of pilings, deck percent open area, spacing between planks, flotation materials, toxicity of any materials and potential for leaching into the water from the materials;
2. A narrative description of the construction process including the use of barges, pile driving technique, cranes and heavy equipment;
3. An accurate, detailed drawing showing type of construction, size, means for mooring if floating, exact location, depth of water within a fifty-foot radius of each side of dock, mean high water line (mhw), mean low water line (mlw), extreme low water line (elw), location of where boats will be tied to dock or pier (mooring field), water depths (mlw) throughout the mooring field, property boundary lines and edge of resource areas;
4. A note on the plan indicating the site for winter storage of floats and method of hauling (if any);
5. The dock's effect on navigation reviewed and approved by the Harbormaster;
6. A shellfish survey conducted in accordance with FWR 10.34 (4);
7. A shellfish mitigation plan if required by the performance standards;
8. Location of all docks and moorings within two hundred (200) feet of the proposed Dock and float;
9. Location of eel grass within one hundred (100) feet of the proposed structure;
10. Description of lighting, electrical and potable water connections including sufficient detail to demonstrate compliance with any lighting performance standards. (lighting); and
11. A locus and title box which includes the street address.
12. A signed statement by the owner, applicant, engineer, shellfish expert and other professional utilized in preparing the submittal that each such individual has reviewed the performance standards contained herein and that the proposed project meets each standard. Any consultant utilized in the application need only certify those areas that fall within the consultant’s area of expertise. In the alternative, the applicant may submit an application for a Variance in accordance with FWR 10.13.
13 For community and common docks only, sufficient legal documentation to demonstrate the rights in interest of the locus and that the dock will remain as a community dock or common dock for the life of any such dock.
(c) Design Specifications and Performance Standards Commercial Harbors:
1. Docks and piers shall be constructed in proportion to vessel(s) that the dock or pier will serve. No dock may be constructed of a length that interferes with the recreational interests protected under the by-law.
2. To keep disturbance of the bottom minimal at all times during both construction and use, the water depth at the end of the Dock shall be a minimum of four (4) feet at the time of mean low water or three (3) feet greater than the draft of vessels served by the dock or pier whichever is the greatest depth.
3. The landward approach to a dock shall not harm vegetation on a coastal wetland, freshwater wetland or coastal bank (a marsh shall be crossed by a raised walkway, and coastal banks must be preserved by use of suitable stairs.);
4. Except for floating portions of a dock, the decking surface shall not reduce normal ambient lighting, i.e. sunlight, by more than 50 percent.
(d) Design Specifications and Performance Standards Recreational Harbors
1. Docks shall not exceed over one hundred (100) feet in length beyond mean high tide, or one hundred (100) feet in length beyond the landward edge of salt marsh, or otherwise prohibit or unreasonably impede legitimate passage along a beach or through navigation over the waters for recreational or aquacultural purposes;
2. To keep disturbance of the bottom minimal at all times during both construction and use, the water depth at the end of the dock shall be a minimum of three (3) feet at the time of mean low water.
3. The area of the terminal "L" or "T" shape in a fixed dock, or the float, or combination thereof, shall not exceed one hundred (100) square feet;
4. The design and construction shall not interfere with recreational intertidal lateral access;
5. No portion of the dock or pier may be closer than 10 feet from the property boundary or extended property boundary line into the intertidal and tidal zones.
6. Floating docks shall be fixed by piers utilizing a hoop roller or other approved designed fastening system;
7. The landward approach to a dock shall not harm vegetation on a coastal wetland, freshwater wetland or coastal bank (a marsh shall be crossed by a raised walkway, and coastal banks must be preserved by use of suitable stairs.);
8. An area where the float(s), if any, will be stored shall be designated on the plan;
9 Except for floating portions of a dock, the decking surface shall not reduce normal ambient lighting, i.e. sunlight, by more than 50 percent.
10. The maximum horizontal footcandle level as measured directly below each complete lighting unit shall not exceed two-tenths (0.2) footcandle (Fc)
(e) Design Specifications and Performance Standards - Areas of Critical Environmental Concern and Districts of Critical Planning Concern
1. No new docks shall be allowed unless the applicant demonstrates that a public benefit will derive from the construction of the dock or pier.
2. The design specifications for recreational harbors shall apply.
(f) Design Specifications and Performance Standards - Community Docks (except in Areas of Critical Environmental Concern or Districts of Critical Planning Concern)
1. Docks shall not exceed of the following: over one hundred (100) feet in length beyond mean high tide, or one hundred (100) feet in length beyond the landward edge of salt Marsh. The proposed dock or pier shall not otherwise prohibit or unreasonably impede legitimate passage along a beach or through navigation over the waters for recreational or aquacultural purposes;
2. To keep disturbance of the bottom minimal at all times during both construction and use, the water depth at the end of the dock shall be a minimum of three feet (3) at the time of mean low water.
3. The area of the terminal "L" or "T" shape in a fixed Dock, or the float, or combination thereof, shall not exceed one hundred (100) square feet;
4. The design and construction shall not interfere with recreational intertidal lateral access;
5. No portion of the dock or pier may be closer than 10 feet from the property boundary or extended property boundary line into the intertidal and tidal zones.
6. Floating docks shall be fixed by piers utilizing a hoop roller or other approved designed fastening system;
7. The landward approach to a dock shall not harm vegetation on a coastal wetland, freshwater wetland or coastal bank (a marsh shall be crossed by a raised walkway, and coastal banks must be preserved by use of suitable stairs.);
8. An area where the float(s), if any, will be stored shall be designated on the plan;
9. Except for floating portions of a dock, the decking surface shall not reduce normal ambient lighting, i.e. sunlight, by more than 50 percent.
10. The maximum horizontal footcandle level as measured directly below each complete lighting unit shall not exceed two-tenths (0.2) footcandle (Fc).
11. In addition to the marking contained in FWR 10.16(1)(i)(4), the following message shall be displayed on each section of the dock identified for the attachment of dinghies – “dinghies only.”
(g) Design Specifications and Performance Standards - Common Docks (except in Areas of Critical Environmental Concern or Districts of Critical Planning Concern)
1. Docks shall not exceed the following: over one hundred (100) feet in length beyond mean high tide, or one hundred (100) feet in length beyond the landward edge of a salt Marsh. The proposed dock or pier shall not otherwise prohibit or unreasonably impede legitimate passage along a beach or through navigation over the waters for recreational or aquacultural purposes;
2. To keep disturbance of the bottom minimal at all times during both construction and use, the water depth at the end of the dock shall be a minimum of three feet (3) at the time of mean low water.
3. No maximum size of a common dock is established. The Commission shall consider the reduction of the total number of potential docks in the area in permitting a common dock. In no case may the mooring field of a common dock be larger than what would have been permitted by the total area of the individual potential docks of common owners.
4. The design and construction shall not interfere with recreational intertidal lateral access;
5. Floating docks shall be fixed by piers or pilings utilizing a hoop roller or other approved designed fastening system;
6. The landward approach to a dock shall not harm vegetation on a coastal wetland, freshwater wetland or coastal bank (a marsh shall be crossed by a raised walkway, and coastal banks must be preserved by use of suitable stairs.);
7. An area where the float(s), if any, will be stored shall be designated on the plan;
8. Except for floating portions of a dock, the decking surface shall not reduce normal ambient lighting, i.e. sunlight, by more than 50 percent.
9. The maximum horizontal footcandle level as measured directly below each complete lighting unit shall not exceed two-tenths (0.2) footcandle (Fc).
(h) General Requirements and Prohibitions all Docks and Piers.
1. No new docks or piers or extension of an existing dock or pier may be constructed in any portion of FEMA designated velocity zone (V-Zone) unless the applicant demonstrates that there will be public benefit from the project. The Commission shall weigh the potential likelihood, damage and harm that any such dock or pier would cause during a storm event with the public benefit demonstrated by the applicant in determining whether the project should be allowed.
2. No new dock or pier shall be allowed if, within 35 feet of the area designated by the applicant as the mooring field, there are significant quantities of shellfish as defined by FWR 10.34 (3) and the area has been historically used for shellfishing or has potential for shellfishing, and the sediment provides a viable shellfish habitat.
3. If, within 50 feet of any portion of the dock or pier, there are significant quantities of shellfish as defined by FWR 10.34 (3) or the area has been historically used for shellfishing or has potential for shellfishing, or the sediment provides a viable shellfish habitat, the applicant shall provide a shellfish mitigation plan.
4. The Commission shall presume that there are significant quantities of shellfish in any area actively shellfished within the previous six months of the shellfish survey.
5. No new, replacement, or substantial alteration of an existing dock or pier shall be permitted within fifty (50) feet of an area of eel grass (Zostera marina).
6. No toxic materials may be used to construct a dock or pier.
7. Any floating section of a dock or pier shall have a minimum water depth of three feet under all portions of that floating section of the dock or pier including times of extreme low water. This depth shall be measured as the shortest distance from any portion of the bottom of the floating section to the seabed.
(i) The following shall be included as special conditions for all dock or pier projects:
1. Boats at the dock shall not be allowed to leak oil or other pollutants into water, nor shall oil or fuel be stored on the dock or pier.
2. Motor boats shall not be run in gear while tied to the dock, since prop wash disturbs shellfish beds, stirs up sediment and causes bank erosion.
3. Off-season storage of temporary/seasonal docks and floats shall be in upland areas.
4. The street address or business name shall be clearly displayed on the seaward face of the dock, using three-inch numbers/letters of a contrasting color.
5. If the use of the dock or pier causes actual damage to any resource areas through prop dredging, bottom scouring, oil or hazardous discharge, or destruction of shellfish resources, the dock or pier may be ordered removed at the owner’s expense in accordance with the provisions of FWR 10.16. The owner shall be responsible for all costs associated with removal of the dock including any legal or other costs to include attorney’s fees incurred by the Conservation Commission in enforcing this special condition.
6. If construction is not completed and a Certificate of Compliance issued within three years of the issuance of this permit, or affirmance of this permit after appeal, this permit is void. An applicant may request an extension of this time provided that such request is submitted at least 30 days prior to the end of the time.
7. If this permit and the plan of reference are not properly recorded in the Barnstable Registry of Deeds within 30 days of issuance, or 30 days of affirmance after appeal, this permit is void.
8. Normal maintenance and repair of a dock or pier is allowed. No extension, alteration or change from the plan of reference is permitted without first obtaining a modification to this permit in accordance with Conservation Commission procedures.
9. Boats shall be tied or attached only in those areas of the pier or dock so identified on the plan.
(j) Permits
1. Initial permits will be granted for a period of three years. After the initial period has expired the Conservation Administrator may issue a renewal of the permit for a period of five years provided there is no measurable adverse impact from the use of the pier or dock on any resource area protected by the by-law.
2. If the Conservation Administrator or Agent determines that adverse impacts are occurring from the use of the dock, the owner shall be notified in writing and the Commission shall hold a hearing on the renewal.
3. If the Commission, after hearing, determines that adverse impacts are occurring from the use of the dock or pier, the owner shall have one year from the hearing to correct and mitigate all harm caused by the use of the pier or dock.
4. If, after the one year, all damage has been corrected and properly mitigated, the Commission shall issue a permit for three (3) years.
5. If, after the one year, there is evidence of actual harm to resource areas, the dock shall be ordered removed at the owner’s expense. Removal shall occur in accordance with a permit issued by the Commission within the time designated in the permit. The permit ordering removal of the pier or dock shall be recorded in the Barnstable Registry of Deeds within 14 days of issuance even if an appeal is taken.
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10.04 Community Dock. A single pier or float located approved by the Planning Board pursuant to Article XXV of the Zoning By-law for loading and unloading of passengers and/or cargo and the tying up of dinghies.
Dinghy. A rowboat or small vessel powered by an engine less than 9 horsepower used to transit from a dock or pier to a mooring.
Common Dock. A single pier or float serving two or more contiguous waterfront properties where each of the contiguous lots would qualify for an individual private dock. An essential element of any common dock shall be a finding by the Commission that the number of potential docks in the immediate area has been permanently reduced as demonstrated by the legal documentation submitted by a community dock applicant.