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DOCK CONSTRUCTION AND MAINTENANCE RULES AND GUIDELINES

INTRODUCTION

It is the intent of the Westlake Lake Management Association (“WLMA”) to maintain control over the safety and appearance of docks, water use areas, and the scenic views for property owners and others generally. Additionally, safety and accessibility of Lake waterways for boating and maintenance are of great importance.

The Dock Construction and Maintenance Rules and Guidelines (the “DCR”), together with WLMA’s pre-approved dock plans as may be promulgated from time to time (including materials, design, parts, color, paint, stain and other information), are part of the Westlake Lake Rules and Regulations (the “Rules”). Marina and other multiple slip docks are to be reviewed by the Rules & Regulation committee, the Executive Board and by the WLMA Board for final approval.

RULES

1. No dock may be designed, built, used, or located in such a way as to become a hazard. No chains, metal lines, or ropes may be used above or below the waterline to anchor docks. There shall be sufficient space between dock and shore to be able to clean debris along the shoreline. For all purposes under the WLMA governing documents, a dock shall include all its elements including, without limitation: the dock, any boat float, pilings, ramp(s), electrical installations [equipment, lines and connections any where thereon], dock security gates without on shore fence posts, and the ramp(s) attachment points [to land] on shore, regardless of whether attached on shore within WLMA’s Perimeter Area or on the adjacent property of the dock owner.

2. Existing Lake improvements including docks are grandfathered pursuant to the CC&Rs, as of the date of completion of recordation of the Tenth Amendment to/Restated CC&Rs in both counties, September 22, 2000, and may be required to be changed at owner expense only if the improvement subsequently: (i) becomes or is discovered to be a safety hazard to the proper maintenance of the Lake including facilities, or (ii) deteriorates to an unsightly condition visible to or within the Lake. Such existing improvements shall be considered in such grandfather status only if: (i) not in violation of any laws, ordinances, or regulations, (ii) installed in accordance with submitted approved plans, either of a District or WLMA, if submitted, as applicable, and (iii) not the subject of an unresolved complaint against such improvements presented in writing to a District or WLMA. Such grandfathering also does not include subsequent new construction apart from replacement, which must comply with current codes, nor such variance from existing improvements as determined significant by the Board.

3. A property owner, the Yacht Club or homeowners association seeking any dock construction including electrical installations shall submit a completed Boat Dock Application to WLMA. Such construction includes, among other, security gates for ramps where the security gate built is located within WLMA’s 24-inch shoreline cleaning easement. The application process does not require Notice. Written preliminary approval is required before initiating any construction of a new dock including boat float, relocating or changing a dock, or replacing or conducting repairs to an existing dock. Additionally, applicant is responsible to inquire and obtain any necessary governmental electrical permit for electrical installation leading to the dock. Any such dock construction including permits is at the owner’s expense.

4. The WLMA Board is the approving authority for all standard dock plans and materials list. A copy of approved standard dock plans and materials may be obtained from the WLMA office. The Lake Operations Manager and Office Manager shall insure completeness of all Boat Dock Applications, and shall review and make recommendations.

5. Any project may be halted at any time during construction for review if found to be not in compliance with preliminary approval or to be environmentally adverse. A project may be terminated or may be required to be modified at any time before receiving final approval. After appropriate review and final approval of a completed dock construction project, the Lake Operations Manager and a member of the Executive Committee on behalf of the Board will sign two copies of the approved application. One copy will be returned to the applicant and the second will be kept on file at the WLMA office.

6. For all individual dock applications submitted from the Lake Operations Manager, the Rules & Regulations Committee shall review and make recommendations to the Executive Committee who shall: (i) determine preliminary approval, notifying the Board of the decision, (ii) continue with ongoing project authority and, upon completion of construction, (iii) review and determine final approval, again notifying the Board. Such routine notification may be noted in the Executive Committee Minutes, which the Board reviews for its meetings or otherwise presented to the Board. However, where an individual dock application differs from standard, Board approved plans and established parameters in the judgment of the Executive Committee, instead of itself determining approvals, it shall refer the matter with its recommendations to the Board for action.

7. For public or group docks, the Board shall receive recommendations from the Executive Committee through the same process as for individual dock applications, discuss such public or group dock matter at meeting(s) and the Board shall determine the preliminary approval matter. Upon granting preliminary approval of any dock matter, public / group or individual, the Board may continue with ongoing project authority or return such authority to the Executive Committee with instructions but, in either case, for public or group dock matters, the Board shall make the final approval determination.

8. The Boat Dock Application approval process addresses, but is not limited to, the following: dock location, anchoring, construction, electrical, material, size, general appearance, safety, accessibility to dock and shoreline, the shoreline shelf, rocks or other water obstacles, shoreline indentation at a site, and potential added encroachment on the water use areas. A Boat Dock Application will not be considered complete without the following being presented or already on file with WLMA:

(1) Dock license agreement,

(2) Certificate of homeowner liability insurance indemnifying WLMA as an added insured with required minimum insurance coverage (currently $300,000.00),

(3) Two sets of scaled dock construction plans,

(4) Plot plan showing side yard setbacks, any existing or previous dock location and disposition intention, and new construction, relocation or dock change overlay,

(5) Category materials list of intended construction,

(6) Payment of the annual dock fee,

(7) Cleanup deposit (currently $100.00) that will be refunded after satisfactory completion of the project, and

(8) If required for dock relocation, a termite reports from a licensed termite contractor.

9. The following dock/boat float parameters shall apply:

A. The standard rectangular dock size is 8′ × 16′ (128 square feet) with the greater length located parallel to the shoreline. Smaller size will be considered. An 8′ by 18′ rectangular dock (144 square feet) with the greater length located parallel to the shoreline may also be requested for approval. The standard ramp is 4′ × 8′ but a length other than the standard may be considered.

B. Standard rectangular or U-shape floating docks are preferred. Any other type of dock requires added scrutiny for approval. Fixed docks are not permitted.

C. There is a minimum side yard setback of eight (8) feet from an owner’s side property lines, extended into the lake on a fifty (50) foot wide lot. WLMA must approve in writing all exceptions. No dock, boat float, or moored boat [including potential eight and one half (8�) foot beam moored boat] may be located or potentially moored such as to invade the minimum setback space.

D. No dock may have a protective awning, cover, or other structure over or above the dock, whether attached or otherwise.

E. A maximum of one floating boat float per lot may be separately approved for the storage of small boats. A boat must be specifically registered to be stored on the approved float. The float size must be consistent with the boat to be stored on the float. It is preferable that the float be located on the shore side of the dock.

F. WLMA may consider special circumstances/problems of a homeowner in connection with a Boat Dock Application.

10. On any existing wooden dock, the owner must use a non-toxic, environmentally safe paint or heavy-body stain or other material and apply it in a manner to avoid Lake Pollution. All new dock construction exterior material must be of composite material and not wood, which may not be painted.

11. Materials list should include size, description, and color of all materials used. Floatation (new construction) must be encapsulated. All exterior material must be of composite material. Substructures may be of wood. Two or more posts/pilings must anchor all dock. The post shall be of metal material with a minimum diameter of 2� inches or greater with a cap and shall hold the dock securely in place. Steel auger tip poles may be utilized to facilitate installation. Finished poles shall be perpendicular and protruding a minimum forty eight inches above the waterline when the lake is filled to the top of the dam, and a maximum of fifty-four inches above the waterline.

12. All electrical installations leading to, and on, any dock must comply with current electrical codes including GFI (ground fault interrupter) protection and have a Thousand Oaks city or Los Angeles County permit to the extent of its jurisdiction.

13. Dock walkways (ramps) can be attached or placed on top of floating docks in a manner to safely allow for the rise or fall of the Lake level. In past years, the lake level has been observed to drop up to 14” and rise 48” measured from the top of the dam.

14. A minimum of two 8″ to 10″ boat tie-off dock cleats are required to be installed for each boat docking location. Bolts must secure cleats. The use of lag screws is forbidden.

15. When installing or repairing a dock, homeowners will be responsible for any damage to the soil-cement shoreline or Lake bottom.

16. Dock construction not approved under the Rules by WLMA shall be considered in violation of the Westlake Lake Recreational Area Restrictions (“CC&R’s”). The owner, at his own expense, shall remove or modify the construction as requested in writing by WLMA within fifteen (15) days of request. An owner’s written request for time extension with the reasons therefore may extend compliance up to an additional thirty (30) days without need of Board approval if accompanied by documentation of the owner seeking outside assistance to comply. If an owner does not comply or is determined still in violation after reconsideration of decision, then the Board has the right to authorize the removal or modification of the construction and charge the homeowner as an assessment under the CC&R’s.