Sec. 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.