Council Approves West OC Boundary Change

OCEAN CITY – Discussion over a revision to the boundary line for the Eagle’s Nest development was officially put to rest this week, allowing the owner of Eagle’s Nest Campground to move forward with plans to clean up the site.

Hugh Cropper IV, attorney for property owner Jack Burbage, presented the request to the Mayor and City Council in May, a request that called for a property line change of 65 square feet.

Eagle’s Nest Campground is located on 50 acres in West Ocean City at the east end of Eagles Nest Road. The property is surrounded on three sides by land owned by the Mayor and City Council.

As part of extensive upgrades to the campgrounds, the numerous, on-site septic systems were replaced with a central wastewater treatment facility. Associated with the wastewater treatment facility was a post equalization tank, which would store effluent prior to drip irrigation.

Problems arose, however, when it was realized that the structure’s location violates Worcester County Code, which requires a 100-foot setback for wastewater treatment facilities. The storage tank stands 98 feet from the from the property line.

As a result, Cropper and Burbage appeared before the Mayor and City Council in hopes of negotiating a property exchange of 65 square feet. Essentially, the boundary or property line would be bumped out two feet, going from a straight line to a curved-S along the area in question.

Cropper explained at the time there would be no net change in the property, emphasizing the property would only be used to establish a lot line, not for any other purpose.

While the council saw no major issues with the property line change, Public Works Director Hal Adkins weighed in on the issue, pointing out uncertainties regarding legal ownership of the land.

Adkins explained in May that if the Mayor and City Council legally owned the land in question, FAA permission would be needed before releasing it.

City Solicitor Guy Ayres agreed consent from either the county or the FAA, depending on who is deemed to have legal “ownership” of the land, would need to be consulted before making any changes.

The council approved the request, contingent upon approval from both the county and the FAA. Adkins reported this week that, “in the simplest terms, the FAA and MAA have agreed to the boundary line adjustment and the resultant of no net loss or gain of property acreage.” Adkins said the county also signed off on the change.

Adkins added that the boundary line adjustment would be reflected in the final platting of the Eagles Nest Road right-of-way, at which time it is presented to the county for recordation.