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.
