NORMAL MEAN WATER LEVEL

Transcription

1 D. Piers, Moorings and Swimming Rafts on Crystal Lake. I. Purpose- The purpose of this section is to establish standards for piers, mooring and swimming rafts and to regulate their placement upon Crystal Lake Park District property. In addition, this section provides uniform regulations and also provides for the safety of the public on Crystal Lake. II. III. Definitions - For the purpose of this Section, the following definitions shall apply: a. BOAT. Boat means every description of vessel or watercraft used or capable of being used as a means of transportation on water, except a seaplane on the water, air mattress or similar device. b. MOORING. Mooring means any permanent, temporary or seasonal structure located in or on the water and secured to or located in the lake for the purpose of securing a boat thereto. A Mooring shall include any buoy attached to it. c. NORMAL MEAN WATER LEVEL. The Normal Mean Water Level means the level of Crystal Lake when no water is exiting Crystal Lake at the weir outlet structure which is feet above sea level. d. PIER. A Pier is a structure extending from the shoreline into or above the waters of Crystal Lake for use as a landing or mooring place for Boats or to provide convenient passage for people and property from Boats alongside the structure. A Pier shall include the abovewater and below-water posts, braces, pillars and platforms, whether fixed or floating. e. PRIVATE HOMEOWNERS ASSOCIATION. A Private Homeowners Association is an incorporated or unincorporated group of off shore property owners with a legal right to use a waterfront lot by virtue of a deed, plat of subdivision, restrictive covenant or some other legal encumbrance which relates off shore properties to a waterfront lot. f. BOAT LIFT. A Boat Lift is any structure in the water and located in the lake which is used to raise and lower a Boat in and out of the water or to moor a Boat out of the water when not in use. g. SWIMMING RAFT. A Swimming Raft is a floating raft or water trampoline which is moored in the lake and which people swim to from shore and play on. General Criteria, Standards and Provisions for Piers and Boat Lifts a. Piers may be constructed only from privately owned waterfront lots and only by the owner of record of the lot. b. Piers shall be located only where their placement and use does not harm the Crystal Lake Park District s interest in Crystal Lake, in the Park District s sole discretion. Piers shall also not interfere with navigation and the free use of Crystal Lake, harm the public interest in fish and wildlife habitat (such as spawning areas, important vegetation and waterfowl nesting areas), aquatic vegetation, water quality, natural 1

2 scenic beauty and public recreation. Piers shall be in keeping with the aesthetic character of other Piers located on Crystal Lake. c. A Pier may not be greater than 5 feet in width. Finger Piers shall not be less than 2 feet wide. A Pier may have a loading platform with an L or T configuration which is no more than 200 square feet. d. All Piers must be constructed of uniform materials which are structurally adequate and which are noncorrosive and decay resistant including, but not limited to: cedar, wolmanized or treated wood, redwood, plastic, composite decking, aluminum, or coated steel. Fasteners, such as nails, screws or brackets shall be treated for exterior applications, galvanized or stainless steel. All Piers must be floating or placed on posts with footings or bases. Pier posts, footings and bases shall be of galvanized or stainless steel. All floating piers shall be sufficiently anchored so that they do not detach from the shoreline nor move side to side. e. Subject to the limitations herein, a Pier constructed or installed after, 2018, may be located to achieve a 36 inch depth of water at the end of such Pier when such depth is measured when Crystal Lake is at Normal Mean Water Level to a distance from the shoreline of up to 100 feet. No Pier shall be located more than 100 feet from the shoreline. f. Boat Lifts shall be located immediately adjacent to a Pier in front of a waterfront property and may be located to achieve a 36 inch depth of water at the end of such Boat Lift when such depth is measured when Crystal Lake is at Normal Mean Water Level and to a distance from the shoreline of up to 100 feet. No Boat Lift shall be located more than 100 feet from the shoreline except during times of drought when Boat Lifts may be moved further out from the shoreline in order to achieve a 36 inch depth of water at the end of such Boat Lift but no Boat Lift shall be located outside of the designated no-wake area of Crystal Lake nor shall a Boat Lift interfere with navigation. The Crystal Lake Park District shall determine whether drought conditions allow Boat Lifts to be moved more than 100 feet from the shoreline in its sole discretion. g. The bottom of the Pier structure shall be located at such a height above the water level so as not to obstruct the free flow of water and shall not include any features which trap or accumulate aquatic plants or sediment. h. Piers shall be anchored to or sufficiently attached to the seawall or shore so as to prevent them from detaching or floating and becoming hazardous during times of high water or storms. i. Any Pier parallel to the shoreline shall not be closer than four (4) feet from the extension of a property line into Crystal Lake and may not include a loading platform of more than 200 square feet. 2

3 j. Piers and Boat Lifts and all Boats moored to a Pier must be aligned so as not to be within four (4) feet of the extension of a property line into Crystal Lake. k. Piers may include railings, seats, benches and small storage boxes. l. Pier posts or the end of a Pier and Boat Lifts at the farthest point from the shoreline must be marked with plastic or metal amber screw on reflectors which are three (3) inches in diameter or larger and securely fastened in a sufficient number and at such locations so as to reflect from each side of the Pier or Boat Lift. Reflectors must be visible from any location on the water of Crystal Lake for a distance of 50 feet. Reflective tape and stick on reflectors are prohibited. m. All Piers on Crystal Lake shall display a pier tag issued by the Crystal Lake Park District. The pier tag shall be securely affixed to each Pier on Crystal Lake so that it is visible on the water of Crystal Lake for a distance of 40 feet. Pier tags shall be available from the Crystal Lake Park District at no charge. If a tag is lost or damaged, a replacement shall be purchased from Crystal Lake Park District for a nominal charge. n. Metal drums or containers may not be used as buoyancy units for Piers. o. All electrical fixtures or outlets attached to or adjacent to a Pier shall be outdoor rated and be installed in accordance with the National Electrical Code. p. No private Pier, nor any boat slip or space on a Pier or in the water, may be rented or let to another person for the exchange of money, service or other consideration. No owner of a waterfront lot shall allow any person to moor, tie up or keep a boat on a Pier in front of his or her property for more than seven (7) days during the period from Memorial Day to Labor Day in a year. It is the express policy of the Crystal Lake Park District that a person may not rent or let space on a Pier or otherwise allow a person who is not an owner of a waterfront lot to moor, tie up or keep a boat on a Pier as such Piers are for the exclusive use of the property owner who owns a waterfront lot.. q. All piers must be temporary installations only and shall be easily removable. Piers shall be removed by December 1 each year. IV. General Criteria, Standards and Provisions for Moorings a. Moorings may be located only from privately owned waterfront lots and only by the owner of record of the lot. b. Moorings shall be located only where their placement and use does not harm the Crystal Lake Park District s interest in Crystal Lake in the Park District s sole discretion. Moorings and any boats moored to them shall also not interfere with navigation and the free use of Crystal Lake, harm the public interest in fish and wildlife habitat (such as spawning areas, important vegetation and waterfowl nesting areas), 3

4 aquatic vegetation, water quality, natural scenic beauty and public recreation. c. Moorings may not be located more than 50 feet from the shoreline and shall be located so that a boat which is attached to a Mooring is not within four (4) feet of the extension of a property line into Crystal Lake. A Mooring may be located more than 50 feet from the shoreline during times of drought when Moorings may be moved further out from the shoreline in order to achieve a 36 inch depth of water where an attached Boat is moored but no Mooring shall be located outside of the designated no-wake area of Crystal Lake nor shall a Mooring interfere with navigation. The Crystal Lake Park District shall determine whether drought conditions allow Moorings to be moved more than 50 feet from the shoreline in its sole discretion. d. All Moorings must be of sufficient weight to adequately hold a Boat securely in place. Acceptable materials for Boat mooring anchors in the lake are mushroom and other commercial anchors, concrete with adequate connectors set in the concrete, cinder blocks and other materials subject to the review and approval of the Crystal Lake Park District. Boats shall be connected to Mooring anchors with 3/8 inch or larger galvanized chain connected to a swivel buoy or otherwise securely connected to a Boat. e. Mooring buoys must be marked with plastic or metal amber screw on reflectors which are three (3) inches in diameter or larger and securely fastened in a sufficient number and at such locations so as to reflect from each side of the Mooring buoy. Reflectors must be visible from any location on the water of Crystal Lake for a distance of 50 feet. Reflective tape and stick on reflectors are prohibited. f. All Moorings shall be maintained so that Boats moored upon them do not become hazardous to other moored Boats. Moorings must be sufficiently anchored so that they do not move and Boats do not become free or detached in the event of high water or storms. g. Moorings must be removed when they are no longer in regular seasonal use. h. No Mooring or space in the water may be rented or let to another person for the exchange of money, service or other consideration. No Mooring or space in the water may be used by any person other than the waterfront property owner. It is the express policy of the Crystal Lake Park District that a person may not rent or let space on a Mooring or otherwise allow a person who is not an owner of a waterfront lot to moor a boat in front of their property as such Moorings and space on the water are for the exclusive use of the property owner who owns a waterfront lot. [Note: same as piers about allowing moorings of friends boats] V. General Criteria, Standards and Provisions for Swimming Rafts 4

5 a. Swimming Rafts may be placed by the owners of privately owned water front lots and only by the owner of record of the lot. b. The Swimming Raft shall be no more than 100 square feet in area and no side of the raft shall be more than ten (10) feet in length. c. The Swimming Raft shall be located within the extension of the property line and no more than 200 feet from the shoreline and at least 50 feet from the border of the designated no-wake area of Crystal Lake. Swimming Rafts shall not interfere with navigation. d. Swimming Rafts shall be securely moored to prevent movement or detachment during high water and storms. e. Swimming Rafts may be constructed of the same materials as Piers. Metal drums or containers may not be used as buoyancy units for Swimming Rafts. f. Swimming Rafts shall must be marked with plastic or metal amber screw on reflectors which are three (3) inches in diameter or larger and securely fastened in a sufficient number and at such locations so as to reflect from each side of the raft. Reflectors must be visible from any location on the water of Crystal Lake for a distance of 50 feet. Reflective tape and stick on reflectors are prohibited. g. Swimming Rafts shall be removed by December 1 each year. h. The Crystal Lake Park District reserves the right to remove Swimming Rafts which in its sole discretion are dangerous, in disrepair or interfere with navigation, with or without notice to the adjacent property owner or owner of a Swimming Raft, with all costs to be paid by the owner of the adjacent property or the Private Homeowners Association, in the case of a Swimming Raft located at a private beach but outside of a designated swim area. i. Swimming Rafts located inside a designated swimming area of the Crystal Lake Park District or another designated swim area shall not be subject to the requirements of this Section. VI. Maintenance a. All Piers, Moorings and Swimming Rafts shall be maintained by the Pier owner so they are in a safe condition and adequate to support people and property. b. Nothing in this Section means or shall be interpreted to mean that the Crystal Lake Park District is passing upon, evaluating or inspecting the condition of Piers, Moorings or Swimming Rafts. The Crystal Lake Park District has no duty to conduct any such evaluation or inspection and expressly disavows any such duty. Each person or entity who places a Pier, Mooring or Swimming Raft in Crystal Lake undertakes a duty to maintain such Pier, Mooring or Swimming Raft in a good and safe condition for its intended purpose. c. Piers and Moorings in violation of the Section or in disrepair shall be brought into compliance or repaired within 10 days after receipt of notice to do so. In the event that a Pier or Mooring is not brought into 5

6 compliance or repaired within 10 days after receipt of notice, the Crystal Lake Park District may remove the Pier and dispose of it, with all costs to be paid by the owner of the adjacent property or the Private Homeowners Association, in the case of a Pier or Mooring located at a private beach. VII. Private Homeowners Association Piers and Moorings a. As of, 2018, the following Private Homeowners Associations are the owners of private beaches on Crystal Lake and have either Piers, Moorings or Boat Lifts located in or on Crystal Lake: 1. Country Club Additions Property Owners Association: a. Beach 3. b. Beach 7. b. Boats on Moorings: c. Beach Lakewood Manor Homeowners Association. 3. Lake Street Beach Association (Oak Court). 4. North Crystal Park Beach Improvement Association 5. Lake Acres Property Owners Association (Woodland Dr) 6

7 6. Baldwin Ave. Beach [NEED TO PROPERLY ID] 7. Crandall Ave. Beach[NEED TO PROPERLY ID] b. No Private Homeowners Association may increase the number of Boats moored on Piers, on Moorings or Boat Lifts beyond the number listed in this Section without the approval of the Board of Commissioners of the Crystal Lake Park District. c. No other Private Homeowners Association may moor Boats on Crystal Lake without the approval of the Board of Commissioners of the Crystal Lake Park District. d. All of the general regulations contained in this Section relative to Piers, Moorings, Boat Lifts and Swim Rafts are applicable to Private Homeowners Associations. e. Private Homeowners Associations may have Piers with finger piers which are perpendicular to the main Pier and are no more than 20 feet long, as long as the finger pier does not extend closer than four (4) feet from the property line extended from the shore. VIII. Prohibitions a. Each of the following shall be prohibited upon or in Crystal Lake: 1. Aerators. 2. Sea planes, meaning aircraft designed for landing and taking off from water. 3. Boat houses located partially or fully on or above the water of Crystal Lake. For purpose of this Section, a boat house is a permanent or semi-permanent structure with a roof or covering which is constructed of wood, steel or other materials, whether partially or fully enclosed, and which may or may not include a hoist or lift and is designed for storing a boat when not in use. A Boat Lift is not a boat house. 4. Houseboats. For purposes of this section, a houseboat is a Boat which is temporarily or permanently moored which is equipped with enclosed or partially enclosed living quarters including, but not limited to, sleeping, eating and toilet areas where a person could reasonable dwell for a period of time. A houseboat may or may not be connected to potable water, electric or gas utilities, or sanitary sewer. A houseboat may or may not be capable of being propelled by a motor or machinery located on it and may or may not be registered as a boat under the Illinois Boat Registration and Safety Act. 7

8 b. No person or entity may moor Boats on Crystal Lake without the approval of the Board of Commissioners of the Crystal Lake Park District. IX. Existing Piers, Moorings and Swimming Rafts a. Piers and Boat Lifts existing as of, 2018 may continue in existence and may be maintained in the same general condition in the future provided that the required reflectors and tags are placed and maintained thereon. b. No pier existing as of, 2018 may hereafter be extended or altered without a permit having been secured therefore. Normal maintenance shall be allowed on such pre-existing piers without securing a permit. Piers in substantial disrepair as defined herein shall be repaired within 10 days after receipt of notice to do so. c. Moorings existing as of, 2018 may continue to be used and shall be maintained in good condition. d. Swimming Rafts existing as of, 2018 may continue to be used and shall be maintained in good condition. X. Permits a. Any Pier, Mooring, Boat Lift or Swimming Raft installed after, 2018 shall be required to have a permit issued by the Crystal Lake Park District. b. A waterfront property owner or Private Homeowners Association shall complete a permit application on a form provided by the Crystal Lake Park District. The permit application fee is $10.00 for the cost of administering the permits. The permit application shall include an acknowledgement of risk of loss and indemnification as provided in this Section. c. The permit application shall be reviewed for compliance with this Section. If the Pier, Mooring, Boat Lift or Swimming Raft is in compliance with this Section, then a permit shall be issued. If the Pier, Mooring, Boat Lift or Swimming Raft which is to be installed is not in compliance with this Section, then no permit shall issue until such time as an application showing compliance is submitted. All Piers, Moorings, Boat Lifts and Swimming Raft shall be installed and used only in accordance with the approved plans and the permit. d. Any person who is denied a permit may appeal to the Board of Commissioners of the Crystal Lake Park District to demonstrate why his or her application complies with this Section. e. Any person may request a variance from the requirements of this section by submitting a written request for the variance which shall describe in detail the variance being sought by the applicant. The applicant shall submit drawings and details with the application to support the request. The variance shall be scheduled for hearing 8

9 before the Board of Commissioner of the Crystal Lake Park District at a regular or special meeting within 75 days of the date of filing. The Park District shall send notice of the application and any necessary accompanying material to adjacent property owners by regular mail at least 14 days prior to the date of the meeting. A meeting may be continued to a subsequent date or dates upon good cause shown by the applicant, adjacent owner or the Park District. f. Any decision of the Board of Commissioners of the Crystal Lake Park District regarding an appeal or variance shall be a final administrative decision subject to review under the Administrative Review Law, 735 ILCS 5/ Administrative Review shall be limited to the record of proceedings before the Board of Commissioners of the Crystal Lake Park District. g. No permit issued by the Crystal Lake Park District is an endorsement or approval of the construction standards or methods or that the permitted application will function appropriately. The person or entity applying for the permit expressly undertakes all risks relative to a Pier, Mooring, Boat Lift, Swimming Raft or other installation under this Section. XI. Assumption of Risk a. Each person, entity, property owner, Private Homeowners Association or the like who places a Pier, Mooring, Boat Lift or Swimming Raft ( Apparatus ) in or upon Crystal Lake assumes all risk and liability, including risk of loss relative to people and property, relative to the use of such Apparatus. The Crystal Lake Park District expressly disclaims all liability for any Apparatus placed in or upon Crystal Lake by any person, entity, property owner, Private Homeowners Association or the like. Each person, entity, property owner, Private Homeowners Association or the like who places any Apparatus in or upon Crystal Lake, by such action, expressly agrees to indemnify, defend and hold harmless the Crystal Lake Park District, its elected and appointed officers, officials, employees, agents and the like from and against any liability for personal injury, death or property damage relative to the placement of an Apparatus in or upon Crystal Lake for any reason whatsoever. E. Removal. If it is determined that any person has impermissibly placed, deposited or located items of personal property upon or in Crystal Lake, the Park District may notify the person who has deposited such property that it must be removed within seven (7) days of the date of the letter. If the property is not removed within the seven (7) day period or if the item of personal property constitutes an immediate hazard in the Park District s sole discretion, the Park District may proceed to remove the item of personal property and dispose of it. The costs of such removal and disposal shall be paid by the person placing the item of personal property upon the lake bed. 9

10 F. Penalty. Any person found guilty of violating this Ordinance shall be fined not less than $ nor more than $1, Each day that a violation continues shall be considered to be a separate offense for which a separate fine shall be assessed. a. The penalties provided herein are in addition to and not exclusive of any other remedies available to the Park District as provided by applicable law. Penalties provided for in this Ordinance may be imposed or assessed in addition to and not necessarily in lieu of the penalties provided for by law or Ordinance , v. 1 1