As directed last month, I ve placed the matter back on your agenda for further discussion.

Transcription

1 SOUTHAMPTON COUNTY BOARD OF SUPERVISORS Regular Session i July 25, CONTINUED DISCUSSION EXPANSION OF NO-WAKE ZONES As you know, following the close of last month s public hearing, the Board took the matter of expanding the no-wake zones on the Nottoway River east of the General Vaughan Bridge under advisement. Since then, several of you have taken advantage of an opportunity to cruise that section of the river to get a first-hand look at the safety and environmental issues. You have also been provided with correspondence from the Blackwater/Nottoway Riverkeeper Program informing you of their position. As directed last month, I ve placed the matter back on your agenda for further discussion. MOTION REQUIRED: If the Board is inclined to expand the No-Wake Zone, a motion is required to adopt the attached ordinance. Otherwise, no action is required.

2 AN ORDINANCE TO AMEND AND REORDAIN SECTION OF THE SOUTHAMPTON COUNTY CODE, 1991, REVISING SUBDIVISION (E), REPEALING SUBDIVISION (F), AND RENUMBERING FORMER SUBDIVISIONS (G) AND (H) AS NEW SUBDIVISIONS (F) AND (G) BE IT ORDAINED by the Board of Supervisors of Southampton County, Virginia that the Southampton County Code be, and hereby is amended and reordained so as to revise subdivision (e), repeal subdivision (f), and renumber former subdivisions (g) and (h) as new subdivisions (f) and (g), and reading as follows: Section No wake zone established. (a) There is hereby established for a distance of three hundred (300) feet east of and three hundred (300) feet west of the public boat landing constructed near General Vaughan Bridge on the Nottoway River a no wake zone. (b) There is hereby established a no wake zone for a distance of four hundred (400) yards north of and three hundred (300) yards south of the boat landing/marina at the Dockside area of the county. (c) There is hereby established for a distance of three hundred (300) feet north of and three hundred (300) feet south of the boat landing constructed behind the Bronco Rod and Gun Club on the Nottoway River a no wake zone. (d) There is hereby established on the Nottoway River a no wake zone commencing two thousand five hundred (2,500) linear feet west of the General Vaughan Bridge and proceeding in a westerly direction a distance of nine hundred (900) linear feet past a bend in the river. (e) There is hereby established on the Nottoway River a no wake zone commencing two thousand eight hundred (2,800) linear feet east of the General Vaughan Bridge at Smiths Ferry landing and proceeding in a southerly direction a distance of one three thousand six hundred fifty (1,600) (3,650) linear feet. (f) There is hereby established on the Nottoway River a no wake zone commencing five thousand four hundred (5,400) linear feet east of the General Vaughan Bridge and proceeding in a southerly direction one thousand fifty (1,050) linear feet. (g) (f) There is hereby established on the Nottoway River a no wake zone commencing near Checkerboard Corner at a point identified as latitude 36 37' ", longitude 76 59' " and proceeding in a southerly direction approximately 0.49 miles to a point identified as latitude 36 37' " longitude 76 59' ".

3 (h) (g) Any person convicted of a violation of this section shall be punished by a fine of not more than fifty dollars ($50.00). A copy teste:, Clerk Southampton County Board of Supervisors Adopted : July 25, 2016

4 Zone (a) Zone (e) EXISTING NO WAKE ZONES EAST OF VAUGHAN S BRIDGE BOAT LANDING VAUGHANS BRIDGE Zone (f) Zone (b) DOCKSIDE NOTTOWAY SHORES

5 New Zone (e) Zone (a) PROPOSED NO WAKE ZONES EAST OF VAUGHAN S BRIDGE BOAT LANDING VAUGHANS BRIDGE Zone (f) Zone (b) DOCKSIDE NOTTOWAY SHORES

6 Southampton County Code May 2016 Sec No wake zone established. (a) (b) (c) (d) (e) (f) (g) (h) There is hereby establi shed for a distance of three hundred (300) feet east of and three hundred (300) feet west of the public boat landing constructed near General Vaughan Bridge on the Nottoway River a no wake zone. There is hereby established a no wake zone for a distance of four hundred (400) yards north of and three hundred (300) yards south of the boat landing/marina at the Dockside area of the county. There is hereby established for a distance of three hundred (300) feet north of and three hundred (300) feet south of the boat landing constructed behind the Bronco Rod and Gun Club on the Nottoway River a no wake zone. There is hereby established on the Nottoway River a no wake zone commencing two thousand five hundred (2,500) linear feet west of the General Vaughan Bridge and proceeding in a westerly direction a distance of nine hundred (900) linear feet past a bend in the river. There is hereby established on the Nottoway River a no wake zone commencing two thousand five hundred (2,500) linear feet east of the General Vaughan Bridge at Smiths Ferry landing and proceeding in a southerly direction a distance of one thousand six hundred (1,600) linear feet. There is hereby established on the Nottoway River a no wake zone commencing five thousand four hundred (5.400) linear feet east of the General Vaughan Bridge and proceeding in a southerly direction one thousand fifty (1,050) linear feet. There is hereby established on the Nottoway River a no wake zone commencing near Checkerboard Corner at a point identified as latitude 36 37' ", longitude 76 59' " and proceeding in a southerly direction approximately 0.49 miles to a point identified as latitude 36 37' " longitude 76 59' ". Any person convicted of a violation of this section shall be punished by a fine of not more than fifty dollars ($50.00). (Ord. of , , 11-87; Ord. of ; Ord. of (1); Ord. of )

7 Code of Virginia Title Game, Inland Fisheries and Boating Chapter 7. Boating Laws Local regulation; application for placement or removal of "no wake" buoys, etc. A. Any political subdivision of this Commonwealth may, at any time, but only after public notice, formally apply to the Board for special rules and regulations with reference to the safe and reasonable operation of vessels on any water within its territorial limits and shall specify in the application the reasons which make the special rules or regulations necessary or appropriate. B. The Board is authorized upon application by a political subdivision or its own motion to make special or general rules and regulations with reference to the safe and reasonable operation of vessels on any waters,,~thin the territorial limits of any political subdivision of this Commonwealth. Without limiting the generality of the grant of such power, a system of regulatory or navigational markers may be adopted by the Board. Nothing in this section shall be construed to affect the application of any general law concerning the tidal,, aters of this Common,, ealth. C. Any county, city or town of this Commonwealth may enact ordinances which parallel general law regulating the operation of vessels on any waters within its territorial limits, including the marginal adjacent ocean, and the conduct and acth-ity of any person using such waters. The locality may also provide for enforcement and penalties for the violation of the ordinances, provided the penalties do not exceed the penalties provided in this chapter for similar offenses. D. After notice to the Department, any county, city or town may, by ordinance, establish "no wake" zones along the waterways within the locality in order to protect public safety and prewnt erosion damage to adjacent property. However, any county that is adjacent to an inland lake (i) more than 500 feet above sea level and (ii) of 20,000 acres or more and wholly located within the Commonwealth may, by ordinance, establish "no wake" zones along such lake within the locality in order to protect public safety or prevent erosion damage to adjacent property. The markers and buoys designating a no wake zone shall conform to the requirements established by the Board. Any marker or buoy which is not placed in conformance "ith the regulations of the Board or which is not properly maintained shall be removed by the locality. The locality may provide for enforcement and penalties for the violation of the ordinance. E. Any person who desires to place or remove "no wake" buoys or other markers relating to the safe and efficient operation of vessels pursuant to any local ordinance shall apply to the local go\'erning body. The local governing body shall approve, disapprove or approve with modifications the application and forward it to the Director, who shall approve, disapprove or approve with modifications within thirty days the placement and type of marker to be used or the removal of "no wake" buoys or other markers. The cost of the purchase and placement or the removal of the buoys or markers shall be borne by the person requesting the placement or removal of the buoys or markers. Any marker or buoy which is not placed in conformance with the regulations of the Board or which is not properly maintained may be removed by the Department. "No wake" buoys or other markers placed prior to Jul~' 1, 2001, shall only be

8 removed when no longer required for the safe and efficient operation of vessels pursuant to any local ordinance. 1960, c. 500, ; 1964, cc. 346, 654; 1968, c. 659, ; 1978, c. 598; 1982, C. 232; 1987, c. 488; 1997, c. 522; 1999, c. 489; 2001, c. 649.

9 Blackwater/NottowayRIVERKBIPBR Program P.o. :Box 44 Sedley. Va E mail: blknotkpr@eanhlink.net MembersStrong July 13, 2016 Southampton County Board ofsupc;rvisors, There has been a lot of discussion lately about the issue. The following are my thoughts and recommendations. Note that while I do understand both sides of the issues, my comments here are what I believe to be best for the safety of people boating and using the river as a recreation location. zones should never be established for the reason of erosion Gootrol. The statute in the Southampton code that allows the Board of Supervisors to establish zones for erosion should be stricken from the books. It should be replaced with "can establish for the reason of improving public safety on the river". It is ludicrous and unreasonable to legislate that the boating public be responsible for protecting and maintaining a landowners riverside property. So my recommendations are as follows, and I fully understand these will not make everybody happy. At Dockside a Zone should be io place at the boat landing for safety. At Smith Ferry there should be a Zone for that blind curve for safety. At State ramp at Rt. 258 a Zone for that boat ramp for safety. At Blind curve immediately upriver from Rt. 258 ramp for safety. At Bronco Club a Zone at that ramp for safety. Rlv":k""",,.1l> ~ 8 registered tmdermrk ofriverkcep:t. Inc

10 ru c.neckerboard Comer a Zone at that blind curve for safety. At State Boat ramp at Delaware or what is called Hercules for safety. All other zones on Nottoway should be removed. Yes, there a few other places to launch a boat on that part of the Nottoway, but these places I have listed are the ones that are heavily used enough to warrant the zones. Yes, there are other dangerous curvt~s in the river, however these I have listed already have zones in place. It is my opinion that removing those zones would create an immediate hazard especially from some boaters who now feel they have "won" the right to go fast everywhere. If it were not for few idiot boaters that may feel that way, I would recommend doing away with au zones. However sometimes government has to intervene to protect the public safety from the idiots. All the places except the last listed already have buoys in their vicinity, they just need to be moved into correct positions as I haw recommended. The buoys that would be removed from zones not listed by me above could be deployed at the Hercules ramp preventing the County from having to purchase new ones. There you have it! Jeff Turner BNRP Riverkeeper