[HISTORY: Adopted by the Borough Council of the Borough of Harveys
Lake 10-20-1987 by Ord. No. 7-1987. Amendments
noted where applicable.]
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.
(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.
(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.
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.
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.
