Chapter 10, Docks and Boathouses
[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake 10-20-1987 by Ord. No. 7-1987. Amendments noted where applicable.]
Boats and boating -- See Ch. 4A.
Building construction -- See Ch. 7.
Lake development -- See Ch. 24.
Swimming -- See Ch. 43.
§ 10-1. Repealer; guidelines and criteria.
A. This chapter shall repeal and revoke former Chapter 10 of the Harveys Lake Borough Code.
B. The following guidelines and criteria are established and are to be applied when constructing new docks and boathouses; when changing, rebuilding, modifying or altering an existing dock or boathouse; when constructing a new shoreline boardwalk; and when changing, rebuilding, modifying or altering an existing shoreline boardwalk.
(1) No dock or boathouse constructed, altered, modified, changed or rebuilt after the effective date of this chapter shall be used in any way for living quarters.
(2) Community or cooperative docks, boathouses, shoreline boardwalks or commercial marinas shall be reviewed for their general adherence to the guidelines and criteria set forth herein and their effect on the surrounding area.
(3) Permits for docks, boathouses and shoreline boardwalks shall be granted only to property owners of the shoreline. The applicant shall submit with the application for the permit a property plot map and a statement of the source of title. Previous permits issued to persons not owning property on the shoreline shall not be transferred should there be a change in ownership in the dock covered by said permit.
(4) No new dock or boathouse or shoreline boardwalk shall be constructed or any existing dock altered, modified, changed or rebuilt without first filing an application for a construction permit to be issued by the Zoning Officer of the Borough of Harveys Lake. Said application shall be available in the Borough Secretary's office. Said application shall be accompanied by a sketch or plot plan of the proposed dock, shoreline boardwalk and/or boathouse construction, modification, alteration or change in compliance with the provisions of this chapter and shall be accompanied by a check or money order payable to the Borough of Harveys Lake in the amount of $35. Said amount is charged for processing the application and in nonrefundable. [Amended 3-21-2000 by Ord. No. 2-2000]
(5) The minimum shoreline frontage requirement to construct a dock is 25 shoreline feet and a boathouse is 50 shoreline feet.
(6) No part of any dock, boathouse or shoreline boardwalk shall be located closer than 10 feet to the extended property line of the applicant. The applicant shall submit a property plot map and a statement of the source of title.
(7) No dock or boathouse shall protrude into the lake further than 50 feet, which is the distance from the shoreline at the dam spillway at low water level, or 20% of the distance to the opposite shoreline, whichever is less.
(8) The total surface area of a dock shall be left to the discretion of the shoreline owner except that he must comply with Subsection B(6) and (7) of this section.
(9) The maximum platform height is four feet.
(10) The maximum building height is one story, which is equivalent to 12 feet off the platform surface.
(11) The maximum enclosed building area shall be at the discretion of the shoreline property owner, except that he must comply with Subsection B(6) and (7) of this section.
(12) Shoreline boardwalks shall not extend more than four feet from the shoreline into the water.
(13) No part of any shoreline boardwalk shall be located closer than 10 feet to the extended property line of the applicant. However, shoreline boardwalks will be permitted to connect on adjoining lands, if the adjacent property owner provides written consent. Said written consent must accompany the application for the permit to construct the shoreline boardwalk. Refer to Subsection B(3) of this section.
§ 10-2. Violations and penalties.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $35 and cost of prosecution and, in default of payment of such fine and costs, imprisonment of not more than 10 days, provided that each day's violation of any of the provisions of this chapter shall constitute a separate offense.
§ 10-3. Severability.
If any section, subdivision, sentence, clause or phrase of this chapter is for any reason held to be constitutional, void or invalid, the validity of the remaining portions of this chapter shall not be affected thereby.