In order to provide for the orderly development, control and
management of the placement, erection, and construction of structures
and to provide for safe harbors, free of congestion and navigational
hazards within or on the waters, within the municipal corporate limits
of the Town of Chesapeake Beach, there is established a Board of Port
Wardens.
The Board of Port Wardens shall consist of three members. The
terms of office of the members shall be three years. Members shall
be appointed by the Mayor, confirmed by a favorable vote of 5/6 of
the entire Town Council, and removable for cause upon written charges
and after public hearing. The Mayor shall designate one alternate
member for the Board of Port Wardens, who may be empowered to sit
on the Board of Port Wardens in the absence of any member of the Board
of Port Wardens.
A.Â
The Board of Port Wardens shall have the power to regulate the placement,
erection and construction of structures or other barriers within or
on the waters of the Town, including but not limited to the issuing
of licenses to create or build wharves, marinas, community and private
piers and the issuing of permits for mooring piles, floating wharves,
buoys, bulkheads or anchors, taking into account the present and proposed
uses, and the effect of present and proposed uses on marine life,
wildlife, conservation, water pollution, erosion, navigational hazards,
the effect of the proposed use on congestion within the waters, the
effect on other riparian property owners, and the present and projected
needs for any proposed commercial or industrial use.
B.Â
The Board of Port Wardens shall have the power to regulate the materials
and construction for the aforesaid improvements and to make certain
that any improvements within or on the waters of the Town do not render
the navigation too close and confined. This provision in no way intends
to affect or conflict with any zoning power otherwise provided for.
C.Â
The Board of Port Wardens shall have the power to regulate the removal
of any earth or other materials for the purpose of building any structure
within or on the waters of the Town, including any maintenance dredging
and modification of the natural shoreline and to regulate the placement
of any dredge materials in the Town's permanent spoil site facility.
D.Â
The Board of Port Wardens shall have the power to provide for safe
harbors, free of congestion and navigational hazards, to provide benefit
to the citizens of the Town by protecting marine life and wildlife,
and to avoid water pollution and erosion within or on the waters of
the Town. This provision in no way intends to affect or conflict with
any other federal or state law, rule or regulation with respect to
navigation.
The Board of Port Wardens shall adopt such reasonable rules
and regulations, including permit or license fees, as are necessary
in furtherance of this article; provided, however, that all such rules,
regulations, and fees shall be approved by the Town Council of Chesapeake
Beach.
In all differences that arise between any aggrieved party and
the Board of Port Wardens concerning any decision of the Board of
Port Wardens, an appeal may be taken to the Town Council of Chesapeake
Beach. Any appeal shall be made by filing the same with the Town Council
of Chesapeake Beach within 30 days after the date of the Board of
Port Warden's decision.
Any person violating any of the provisions of this article shall be subject to prosecution for a municipal infraction punishable by $500, unless doubled, as provided in § C-504 of the Charter of Chesapeake Beach, Maryland, and a fine of $250 for each subsequent violation.
