(A) All structures, including stationary and floating docks, launching ramps and mooring facilities, which are proposed for construction either on or in the waters of Moss Lake, or upon or over the city’s control strip of land adjacent to the lake (generally between the 736.0-foot and 744.0-foot above mean sea level elevations), must be approved and inspected by the city’s Building Inspector. Permit approval is required before construction can begin on structures or dredging. Application for the permits may be obtained either from the Park Ranger’s office or the Building Inspector’s office.
(B) Structure permits shall be submitted with a complete set of plans, signed and sealed by a registered engineer, architect or landscape architect, showing the proposed stationary pier, floating structure, launching ramp, cluster mooring facility or seawall. The plans shall show the relationship of the structure to the property lines, the projection of the property corners and the materials of construction. The permit fee for structures shall be recommended by the Moss Lake Commission and approved by resolution of the City Council.
(C) Dredging permits shall be submitted with a complete set of plans showing all elevation changes and required erosion protection (i.e., rip-rap, seawall or similar measures). Documentation must be submitted for any required permits from the U.S. Army Corps of Engineers, and the State Department of Environment, Health and Natural Resources, Division of Land Resources, Land Quality Section. The permit fee for dredging shall be recommended by the Moss Lake Commission and approved by resolution of the City Council. A deposit shall be collected prior to issuance of a dredging permit, as required by § 92.41(A).
(D) Final approval of the construction of any structure (stationary or floating) shall require an as-built survey and certification of the registered engineer, architect or landscape architect that the structure was built substantially in accordance with the approved plans. All approved structures, upon final inspection, shall have a permanent permit attached to the structure to indicate it is an approved structure. All existing structures deemed in compliance with the regulations contained in this chapter, also shall have the permanent permit attached following an inspection by the Building Inspector or the Park Ranger. Thereafter, any structure not having a permanent permit attached shall be considered in violation of this chapter.
(E) The City Manager or the City Manager’s designee shall have the authority to condemn piers, docks and any other structures built on the lake or within the city’s control strip. However, the City Manager or the City Manager’s designee must afford the property owner a hearing before the City Manager or the City Manager’s designee, and determine from the evidence presented whether repair or condemnation is required, giving the owner a reasonable time period to comply with the City Manager or the City Manager’s designee’s determination. All structures must be maintained properly by the owner(s). A property whose structure is in disrepair, and following notification to repair by the Building Inspector shall fail to do so within the prescribed time, may have his or her lease agreement revoked by the City Manager or the City Manager’s designee. The city may remove, or have removed, any such structure in disrepair which the owner refuses to repair or remove within the required time, and bill the property owner for the cost of said removal. All structures and improvements shall be subject to periodic inspections for the purpose of determining conformance with the chapter and with this section. To that end the lease shall allow access into a structure and make all engineering and architectural drawings available to the lessor.
(1) Other structures. In accordance with this section, no other structures may be installed on the control strip. It is the spirit and intent of this chapter to provide and preserve for safety, protection of the watershed, protection of the reservoir, and enjoyment of a lake setting. For example, no gazebos, picnic shelters and pergolas are allowed. Structures for storage purposes such as “yard barns” and garages are not allowed. Other structures that are not transitory in nature such as swimming pools, hot tubs, house additions, and saunas are not allowed.
(2) Limits of projection.
(a) Stationary and floating pier structures may project into the lake to a depth of ten feet below the normal water level. The maximum projection of any structure into the lake shall be 60 feet from the 736 contour line (normal pool). All projections shall normally be perpendicular to the shoreline and shall be within the confines of the lake front lot being served.
(b) A projection may be established at each of the two property corners located at the control strip. Each projection should be perpendicular to a line connecting two points on the 744.0 contour line (control strip) where a ten-foot radius from that property corner intersects that contour line, as shown on Figure 1 attached to Ord. passed 3-31-1992, which is hereby adopted by reference as part of this section.
(c) In cove areas, no structure shall project beyond the one-third point of the width of the cove, as measured from the shoreline at the point of proposed construction to the closest point on the opposite shore. The Moss Lake Commission may grant variances to a property owner for unusual horizontal or vertical configurations of the shoreline in coves or peninsulas which may prevent a property owner fair access and use of the lake. In such cases, the Moss Lake Commission will make a recommendation to the City Council for the entire area affected. At least one-third of the waterway must be left unobstructed.
(d) Where, due to existing non-conforming piers on nearby property or to unusual property configuration, a pier cannot be constructed as described above, the Moss Lake Commission may grant a variance from this requirement. The Moss Lake Commission shall ensure that the proposed pier construction has no effect on existing facilities.
(3) Material of construction.
(a) Materials of construction for pilings shall include reinforced concrete, hot dipped galvanized steel, aluminum or pressure treated wood. Materials of construction for decking shall include reinforced concrete, hot dipped galvanized steel, aluminum fiberglass and treated wood. Floating structures shall be constructed of hot dipped galvanized steel and polystyrene floatation. Steel drums are prohibited. Anchorage for the floating structure shall be of galvanized steel cables secured to reinforced concrete anchorage or steel anchor piles in firm ground beyond the shoreline or approved pilings with appropriate connections. The Building Inspector shall approve materials of construction during permit review. The City Engineer may approve materials of construction not listed above, if he or she determines that they will not negatively impact water quality.
(b) All piers and docks shall have white reflectors located at least six inches above full pool elevation, on the furthermost corners of the extension of the pier into the water, which reflects light parallel to the shoreline in each direction and directly across the lake. White reflectors shall be placed on each side of the pier at intervals of 15 feet or less, beginning at its outermost extensions into the water and extending to the 736 contour of the shoreline.
(4) Stationary piers. Stationary piers shall conform to divisions (E)(1) and (2) above. Stationary structures may be covered, but no siding or wall surfaces are permitted.
(5) Floating structures. Floating structures including ramps or bridge sections used for access to the floating structure shall conform to divisions (E)(1) and (2) above. The ramp or bridge shall be designed to accommodate any rise or fall in water level.
(6) Boathouses.
(a) Boathouses may be constructed on private property, outside the control strip, for use by lake front property owners in accordance with the Cleveland County Zoning Ordinance of the Buffalo Creek Reservoir area. The Lake Moss Commission exercises no jurisdiction or control over the materials or design of boathouses, but recommends that materials for construction and the design be compatible with the residence.
(b) A permit shall be obtained for the launching ramp or tram rails which will facilitate the launching or withdrawing of the boat. The boat dolly or other launching mechanism shall be withdrawn from the water, after the boat is launched. The rail shall be galvanized steel pipe or rolled rail steel and shall be securely anchored in concrete piers.
(7) Launching ramps. Launching ramps shall be constructed of 3,000 psi minimum concrete with a minimum slab thickness of four inches. The ramp shall not be less than 12 feet wide with a six- inch by six-inch curb. The concrete ramp should begin approximately six feet from the shoreline and be sloped approximately one inch per foot to drain toward the lake. The ramp shall then be sloped along the lake floor approximately one and one-half inches to one and three-fourths inches per foot until a water depth of two feet is reached or approximately 14 feet. The ramp shall then slope approximately two inches per foot to a water depth of four feet or approximately 12 feet. Where more than one launching ramp is required at one site, they should be spaced approximately six feet apart and separated by a four-foot wide stationary pier.
(8) Cluster mooring facilities (private). Cluster facilities shall be installed where permitted by the Moss Lake Commission, for use by and for the convenience of owners and residents of interior lots contained in residential subdivisions of land bordering on the Moss Lake Reservoir area. Cluster facilities shall conform to the requirements contained herein for stationary and floating structures. These facilities may extend beyond the ten-foot depth and beyond the 60-foot projection from the existing 736.0 contour line which is specifically applicable to facilities constructed for use by the individual owner of a lake front lot; provided that, a minimum distance of 300 feet between the proposed projection and the opposite shore exists. The width of the cluster facility shall be kept within the confines of the lake frontage of the lot of land as described in division (E)(1) above.
(9) Cluster mooring facilities (public). A public mooring facility is to be a full-service marina designed to serve the needs of the boater who is permitted the use of the lake. It shall be designed in conjunction with other lakeside recreational facilities to be located on property owned by the city. Materials of construction shall conform to division (E)(2) above. Restrictions to positioning, projection limits and water depth are not applicable to this facility, but shall be determined by the City Council, following receipt of a recommendation from the Moss Lake Commission.
(Prior Code, § 14-74) (Ord. passed 3-31-1992; Ord. 14-01, passed 2-25-2014)