MARINAS AND MARINE FUEL FACILITIES

Fort Worth City Code ch. 18, art. IV

in effect

Fort Worth City Code § 18-50 DEFINITIONS.

§ 18-50 DEFINITIONS. For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section. BREAKWATER. A structure used to protect a marina, dock, harbor or beach from the force of waves and includes a navigable passage through or around a structure. CONFIGURATION. The relative arrangement of the separate parts of a marina. CONSTRUCTION. To erect or install any mechanical, structural, electrical or plumbing portion of a marina, including preliminary dredging and clearing. CONSTRUCTION PERMIT. A permit issued by the city after an application for such permit has been received, reviewed and approved. EXPANSION. To increase the area of water surface occupied by a marina. FLOTATION MATERIAL. Any material used to support floating structures on the surface of the waters of Lake Worth. IMPROVEMENT. All structures, devices, contrivances or artificially created objects placed, constructed or erected on the waters of Lake Worth or land owned, controlled or under the jurisdiction of the city. LOT. A parcel of land occupied or intended to be occupied by a marina and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such open spaces as may be present. A LOT may or may not be specifically designated as such on public records. MARINA. Any water-based facility for the mooring, fueling or servicing of two or more boats, including all structures and associated anchoring facilities. A MARINA shall include anything constructed or erected as part of a MARINA, the use of which requires location on the waters of Lake Worth or attachment to something having location on ground that is covered by the waters of Lake Worth. MARINE FUEL FACILITY. A facility that provides fueling services for boats, the use of which facility requires location on the waters of Lake Worth or attachment to something having location on ground that is covered by the waters of Lake Worth. MODIFICATION. Any change, addition or alteration in the construction, substructure, flotation, anchorage, mechanical, plumbing or electrical services of a structure other than routine maintenance. PUMP-OUT FACILITY. Any pump and hose combination used for the transfer from boats of any liquid or solid waste. REMODEL. Any repair, renovation or addition that requires a building permit. SHORELINE. The point at which the surface of the waters of Lake Worth touches land at the spillway level elevation. SPILL. Any amount of petroleum product or distillate, hazardous material, chemical product or sewage, that is unaccounted for in a holding system. SPILLWAY LEVEL ELEVATION. The level of the spillway at Lake Worth, which level is 595 feet above sea level. (Ord. 10773, § 1, passed 1-22-1991)

Fort Worth City Code § 18-51 MARINA AND MARINE FUEL FACILITY - LOCATION AND CONFIGURATION.

§ 18-51 MARINA AND MARINE FUEL FACILITY - LOCATION AND CONFIGURATION. (a) No marina or marine fuel facility shall extend into the waters of Lake Worth without the prior written approval of the city. No marina or marine fuel facility shall be constructed to constitute a hazard to navigation, hinder flood control and to be higher than 35 feet above the spillway level elevation. (b) A marina or a marine fuel facility shall be located over property that is owned or leased by the marina owner or operator. No marina or marine fuel facility shall be nearer than 20 feet to any property line of the lot or parcel of land on which the marina or marine fuel facility is located. (c) Relocation or alteration of the configuration of a marina or marine fuel facility shall not be permitted without the prior written approval of the city. (Ord. 10773, § 1, passed 1-22-1991)

Fort Worth City Code § 18-52 SAME - ELECTRICAL AND LIGHTING REQUIREMENTS.

§ 18-52 SAME - ELECTRICAL AND LIGHTING REQUIREMENTS. All electrical service to a marina and a marine fuel facility shall conform to the electrical code of the city. No beam of light with an intensity that constitutes a hazard to safe boating or a nuisance to the general boating public shall be directed outward from a marina or a marine fuel facility. (Ord. 10773, § 1, passed 1-22-1991)

Fort Worth City Code § 18-53 SAME - SAFETY.

§ 18-53 SAME - SAFETY. (a) A marina or a marine fuel facility shall comply with federal, state and local laws, rules and regulations and shall be approved by the city. A marina or marine fuel facility that has fuel storage areas shall clearly mark such areas. (b) A marine fuel facility shall be equipped with: (1) A leak detector installed on any pump; (2) A shear valve or similar device installed at the shoreline end of the fuel line; and (3) A shear-impact valve installed under any fuel dispenser. (Ord. 10773, § 1, passed 1-22-1991)

Fort Worth City Code § 18-54 SAME - STRUCTURAL REQUIREMENTS.

§ 18-54 SAME - STRUCTURAL REQUIREMENTS. A marina or a marine fuel facility shall be built and maintained according to federal, state and local laws, rules and regulations. All marine fuel facilities shall be isolated from mooring docks and protected by adequate breakwater facilities. (Ord. 10773, § 1, passed 1-22-1991)

Fort Worth City Code § 18-55 SAME - SANITATION AND POLLUTION CONTROL.

§ 18-55 SAME - SANITATION AND POLLUTION CONTROL. (a) A marina capable of accommodating boats equipped with toilet facilities must have an approved, certified and functional holding tank and pump-out facility. Disposal of boat sewage at a marina shall be by discharge into a pump-out facility that has been approved and certified according to regulations of the Texas water commission. The certification shall be displayed according to regulations of the Texas water commission. Disposal of sewage from pump-out facilities shall be: (1) By discharge into a private sewage facility approved by the city and the State of Texas; (2) By discharge into a liquid-tight vacuum truck that is licensed according to the Texas Water Code and constructed according to the regulations of the Texas department of health; or (3) By disposal at a sewage treatment plant operated under a valid permit issued by the Texas water commission. (b) A marina and a marine fuel facility shall be designed, maintained and operated to prevent spillage or leakage of fuel and petroleum products into the waters of Lake Worth. All maintenance and repair of boats shall be performed to prevent the discharge of fuel, oil, sewage or other pollutants into the waters of Lake Worth. If a spill occurs, the city shall be notified immediately by the marina or marine fuel facility operator, its agents or employees. The notification shall include information about: the location of the spill, time of the spill, the substance spilled, the probable cause of the spill, the amount of the spill and the efforts undertaken to clean up the spill. (c) No boat of a size capable of containing toilet facilities may be accepted for storage at a marina if it does not have affixed a toilet facility inspection sticker. The marina owner or operator that enters into an agreement for the storage of a boat without the required toilet facility inspection sticker must: (1) Notify the boat owner that such boat is subject to inspection and approval by the city; and (2) Notify the city that an agreement for the storage of a non-inspected boat has been made. (Ord. 10773, § 1, passed 1-22-1991)

Fort Worth City Code § 18-56 SAME - LICENSE REQUIRED.

§ 18-56 SAME - LICENSE REQUIRED. It shall be unlawful for any person to operate a marina or marine fuel facility without first obtaining a license from the city. A separate license shall be required for every marina and marine fuel facility, whether situated in the same or at a separate location, and the fee shall be computed separately for each license. (Ord. 10773, § 1, passed 1-22-1991)

Fort Worth City Code § 18-57 SAME - LICENSE APPLICATION.

§ 18-57 SAME - LICENSE APPLICATION. (a) In addition to documents that may be required by other city departments, the application for a license for a marina or marine fuel facility shall be made upon forms prescribed and furnished by the Lake Worth management group and shall set forth, among other things: (1) The name of the applicant; (2) Whether the applicant is an individual or business entity (and if a business entity, what kind, the name and address of the owner or principal officer of the business, and identification of other officers or partners); (3) A full description of the proposed marina or marine fuel facility, including services to be offered; (4) Proof that the applicant has control by ownership or lease of the property contiguous to the location of the marina or marine fuel facility; (5) A copy of the recorded plat of the property contiguous to the marina or marine fuel facility; (6) Drawings to approximate scale, indicating the location and configuration of the marina or marine fuel facility at the design elevation; (7) Specifications of the proposed marina or marine fuel facility; (8) Complete plans fully describing all sanitation and waste control facilities and apparatus; and (9) Requested information or documentation directly related to the proposed marina or marine fuel facility. (b) Incomplete, incorrect or false information provided by the applicant in the application for a license shall constitute grounds for denial or revocation of a license. (Ord. 10773, § 1, passed 1-22-1991)

Fort Worth City Code § 18-58 SAME - ISSUANCE OF LICENSE.

§ 18-58 SAME - ISSUANCE OF LICENSE. (a) The Lake Worth management group shall issue a marina or marine fuel facility license in writing to the applicant when: (1) The applicant has completed and submitted the required application and the application has been reviewed by the Lake Worth management group and has been found to meet the requirements of § 18-57; (2) All fees have been paid; and (3) The marina or marine fuel facility, after inspection by the city, has been found to comply with all applicable federal, state and local laws, rules and regulations, and the applicant has furnished satisfactory proof of such compliance. (b) The fee for a license for a marina or a marine fuel facility shall be in an amount established by the city council. (Ord. 10773, § 1, passed 1-22-1991)

Fort Worth City Code § 18-59 SAME - DURATION OF LICENSE; NO REFUND OF LICENSE FEE.

§ 18-59 SAME - DURATION OF LICENSE; NO REFUND OF LICENSE FEE. Licenses for marinas and marine fuel facilities shall be valid from January 1 through December 31 of each calendar year unless sooner suspended or revoked for cause; a new license shall be applied for annually. No license fees shall be refunded, transferred or prorated. (Ord. 10773, § 1, passed 1-22-1991)

Fort Worth City Code § 18-60 SAME - SUSPENSION OR REVOCATION OF LICENSE.

§ 18-60 SAME - SUSPENSION OR REVOCATION OF LICENSE. (a) The Lake Worth management group, or its authorized agent, may, without warning, notice or hearing, suspend or revoke any marina or marine fuel facility license if the licensee does not comply with the requirements of this article or if the operation of the marina or marine fuel facility constitutes or is reasonably believed to constitute a hazard to public health or safety. When a license is so suspended or revoked, operation of the marina or marine fuel facility shall immediately cease. The licensee shall be afforded an opportunity for a hearing within ten days of receipt of a request for a hearing. (b) Failure to comply with any provision of this code or repeated violations of the requirements of this article or any other federal, state or local laws, rules or regulations as may be applicable to the marina or marine fuel facility shall be deemed cause for revocation of license. Upon such revocation, the Lake Worth management group, or its authorized agent, shall notify the licensee in writing of the reason the license has been revoked and that the license is void. A written request for a hearing on the revocation may be filed with the Lake Worth management group by the licensee within ten days. (Ord. 10773, § 1, passed 1-22-1991)

Fort Worth City Code § 18-61 SAME - DISPLAY AND NONTRANSFERABILITY OF LICENSE.

§ 18-61 SAME - DISPLAY AND NONTRANSFERABILITY OF LICENSE. Marina and marine fuel facility licenses are not transferable. Upon issuance of a valid license, the licensee shall post the license in a conspicuous place upon the premises for which the license is issued. (Ord. 10773, § 1, passed 1-22-1991)

Fort Worth City Code § 18-62 SAME - INSPECTIONS.

§ 18-62 SAME - INSPECTIONS. (a) Each year prior to the issuance of a marina or marine fuel facility license, the Lake Worth management group, or its duly authorized representative, shall inspect the marina or marine fuel facility prior to the start of operations to determine compliance of the approved plans and specifications with the requirements of this article and compliance with all applicable federal, state and local laws, rules and regulations. (b) In addition to the inspections provided for above, the city shall have the authority to inspect or visit all marinas or marine fuel facilities embraced within the provisions of this article at all reasonable times, and as the city determines necessary, to ascertain if they are being conducted in conformity with this article and federal, state and local laws, rules and regulations or if any conditions exist which require correction. (c) Failure to obtain or refusal to allow at reasonable times any of the above required inspections shall constitute grounds for denial or revocation of a marina or marine fuel facility license. (Ord. 10773, § 1, passed 1-22-1991)

Fort Worth City Code § 18-63 SAME - INSURANCE.

§ 18-63 SAME - INSURANCE. Each marina or marine fuel facility shall maintain general public liability insurance in the amounts and on such terms as shall be required by the city from time to time. A certificate of insurance shall be furnished to the city annually, showing the city as an additional insured, and providing that such insurance may not be cancelled without 30 days’ written notice to the city. Failure to maintain general public liability insurance at all times as required by this section shall constitute grounds for revocation of a marina or marine fuel facility license. (Ord. 10773, § 1, passed 1-22-1991)

Fort Worth City Code § 18-64 SAME - ABOVEGROUND STORAGE TANKS.

§ 18-64 SAME - ABOVEGROUND STORAGE TANKS. (a) For the purposes of this section, the term STORAGE TANK shall mean all underground storage tanks and aboveground storage tanks as defined by federal law and state law. It shall be unlawful for a marina or marine fuel facility to install, repair, renovate, operate or permit to exist on the premises an underground storage tank. (b) The applicant or licensee of a marina or marine fuel facility shall not install, repair, renovate, operate or permit to exist on the premises any aboveground storage tank unless it complies with all the requirements of this section and with all applicable federal, state and local laws, rules and regulations. A copy of all papers, reports, forms and other information about aboveground storage tanks at a marina or marine fuel facility that are required to be filed with the United States or the State of Texas, including the registration and the proof of financial responsibility, also must be filed simultaneously with the city. (c) Failure to comply with all federal, state and local laws, rules and regulations relating to storage tanks constitutes a substantial hazard to public health and safety for the purposes of § 18-60. (d) Before an applicant or licensee of a marina or a marine fuel facility places in operation an aboveground storage tank, that is installed or is to be installed on city property, the applicant or licensee shall: (1) Submit to the city a properly executed written statement containing: a. An acknowledgment that the applicant or licensee is the owner of the above ground storage tank, that the storage tank is not a fixture and shall at all times, as between the city and applicant or licensee, remain the property of the applicant or licensee, and that the city is not and shall not be considered, for any purpose, the owner or operator of the storage tank; and b. A covenant and agreement to indemnify, hold harmless and defend the city from and against any and all claims or suits of whatsoever kind or character, whether real or asserted, arising out of or in connection with the installation, operation, renovation, removal or existence on the property of any and all storage tanks. (2) Provide the city, as named insured, with a corporate surety bond in the principal amount of $50,000 for: a. The purpose of paying all damages to persons or property that arise from, or are caused by, the existence or use of any and all storage tanks on the property; and b. Insuring the proper removal from service of any and all storage tanks either when not in use or at the termination of the license, whichever occurs first. (Ord. 10773, § 1, passed 1-22-1991)

Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-21124Fetched: 10/26/2026