Dock Ordinance Draft
proposed by Michael Dallas’s legal team
for consideration by legal staff of City of Fort Worth
and the Dock Steering Committee.
DRAFT – 7/12/2010
INSTALLATION AND CONSTRUCTION STANDARDS,
DOCKS, PIERS AND BOAT HOUSES ON LAKE WORTH
ARTICLE I, INSTALLATION STANDARDS
SECTION 18-16. Definitions.
For the purposes of this article, the following words and phases shall have the meanings assigned herein. If any of these terms are further defined elsewhere in the City Code, the definitions shall apply unless there is a conflict, and then the definition in this article shall apply.
Building Code shall mean the building code(s) as adopted and amended by the Fort Worth City Council.
Dead Load shall mean the permanent inert weight of materials of construction incorporated into the Structure, including fixed or permanent attachments, such as bumpers, railings, winch stands, roof structures, etc.
Decking shall mean the surface material that forms the floor of the Structure.
Piers, docks, and boathouses shall mean structures used for ingress and egress to and from Lake Worth and for water recreational purposes including the storage of boats. These terms include the anchoring system and any walkways or bridges that will attach to the dock itself.
Flotation Live Load shall mean the total load that a dock can carry without capsizing or sinking. The flotation live load shall be equal to the dead load plus the live load.
Hunt Absorption Test shall mean a test documenting the rate at which flotation material absorbs liquid, as well as the quantity of liquid absorbed.
Lakefront Property Line shall mean the property line that borders the waters of Lake Worth as shown on the final plat of record or survey for the property.
Lake Worth Management Office (LWMO) shall mean that group in the Water Department responsible for review and approval for all improvements to structures at or in Lake Worth, and who shall administer the requirements of Article II.
Live Load shall mean any moving or variable superimposed load on the Structure.
Loads shall mean forces or other actions that result from the weight of building materials, occupants and their possessions, environmental effect, differential movement and restrained dimensional changes. Permanent loads are those loads in which variations over time are rare or of small magnitude, such as dead loads. All other loads shall be variable loads.
Registered Professional Engineer (RPE) shall mean a professional engineer currently registered with the State of Texas as a professional engineer with a specialization in civil or structural engineering and experience in dock and pier construction.
Structural Dead Load shall mean the weight of the Structure and its ability to support itself.
Structure shall mean and be inclusive of entire Dock, Pier or Boathouse, including the walkway, anchoring system, cables, floats, electrical, plumbing and any other related components or materials installed in conjunction with the construction, maintenance, or use of the dock.
Walkway (or Bridge) shall mean a passage that provides access from the land or a boat dock, marina, or other floating facility.
Water Use and Access Easement shall mean the property rights granted by the City of Fort Worth to property owners for water access and recreational purposes including the building of dock, piers, and boathouses.
SECTION 18-17. Construction or Improvement of a Dock, Pier, Boathouse or Walkway.
(a) No person shall erect, construct, enlarge, alter, or remove any Dock, Pier, Boathouse or Walkway in Lake Worth without the approval of the LWMO. Such approval must be shown in writing upon application for a permit pursuant to Chapter 36 of the Building Code.
(b) A person who wishes to erect, construct, enlarge, alter, or remove any Dock, Pier, Boathouse or Walkway in Lake Worth shall comply with all design and construction standards provided in this Article and shall also comply with the Building Code. If there is a conflict between the Building Code and a provision in this Article, the more restrictive requirement shall apply.
SECTION 18-18. General Provisions.
(a) All Docks, Piers, Boathouses or Walkway in Lake Worth shall be considered accessory structures. A primary structure must be present on the lot to which a Dock, Pier, Boathouse and/or Walkway is attached.
(b) A person who wishes to construct or improve a Dock, Pier, Boathouse or Walkway must have a valid Water Use and Access Easement, hold a valid and current option to purchase the property which contains a Water Use and Access Easement, or (if a land leaseholder holding no option to purchase), obtain permission from the LWMO for permission to construct or improve on land that contains no deeded or optioned Water Use and Access Easement.
(c) Notwithstanding, this ordinance shall not apply to approved projects or structures, which were built before the effective date of this ordinance.
SECTION 18-19. Application to the LWMO.
(a) Persons seeking to construct a Dock, Pier or Boathouse or Walkway must submit to LWMO an application and two (2) complete sets of the project plans for the Structure, which shall include but not limited to the anchoring system, and any Walkways or Bridges that will attach to the proposed Structure.
(b) When an existing Structure will be used as part of the newly proposed Structure the project plans must include a complete description of the existing Structure. The existing Structure must also comply or be brought into compliance with the specifications set forth in these regulations.
(c) The project plans must include a description of the site that shows the location of the primary lot, the extension of property lines out into the water area and a key plan, either included on the site plan or on a separate sheet, to show the location on or to Lake Worth.
(d) Project plans over 600sf, contain boat lifts, or are covered with a roof or walls must be signed and sealed by an RPE and contain a statement that the proposed Structure complies with the specifications set forth in this Article and any and all structural design provisions in the Building Code. Simple, flat, pier-type structures (under 600sf, with no roof, and no boat lift) must only meet the requirements of this ordinance.
(e) Each project plan set must also include a copy of the manufacturer’s certified plans for any components that will be part of the Structure, such as decking, railing, or awning systems.
(f) The project plans and manufacturer’s certified plans must be based upon the actual conditions at the site of the proposed Structure.
(g) Upon acceptance of the project plans and manufacturer’s certified plans, and written approval of the proposed Structure by the LWMO, the requestor shall submit such plans and a copy of the written approval from LWMO to the Planning and Development Department as part of its application for a building permit.
(h) A person may not begin construction of a Structure until a building permit for the Structure has been issued by the City.
SECTION 18-20. Size and Setback Limitations.
Construction must conform to size and setback requirements of the deeded or optioned Water Use and Access Easement.
SECTION 18-21. Structures.
(a) No toilet facilities of any type shall be allowed on any Structure built past the Lakefront Property Line. A potable water supply can be plumbed provided that backflow prevention devices are installed and inspected in accordance with 12.5, Article V, Division 3, Cross Connection Control of the City Code and the Plumbing Code as adopted by the City Council.
(b) Fuel pumping facilities exceeding 55 gallons are not allowed on Structures that extend past the Lakefront Property Line.
(c) Any Structure that extends more than 100 feet from the Lakefront Property Line shall be equipped with a white photocell light of no less than 200 lumens that operates continually from dusk to dawn. Such lighting shall be provided with a cover on the top of the light to minimize light dispersion upward. The LWMO may require that lighting be placed on structures less than 100 feet from the shoreline when in LWMO decides it is warranted to enhance boating safety. It is the Dock owner's responsibility to ensure that all required lighting is properly maintained and operational at all times.
(d) Structures must conform to the requirements of the deeded or optioned Water Use and Access Easement.
SECTION 18-22. Design Loads.
The provisions of this Section are provided from Chapter 36 of the Building Code. As such, appeals for variances to this Section shall be made through the Building Official and the Construction and Fire Prevention Board of Appeals.
The RPE shall apply the appropriate loads when doing calculations. Such factors shall include, but not be limited to:
(a) Dead load;
(b) Live load;
(c) Roof load; and
(d) Wind load and wave action; which should be considered as simultaneously applied.
(e) When intended to have boats attached to the Structure for storage, the effects of such estimated loads, such as wind and wave, on the boat that are transferred to the Structure shall also be considered.
(f) When intended to have boats lifted out of the water, the effects of such estimated loads, such as wind on the boat and dead load of the boat, that are transferred to the Structure shall also be included.
(g) Surface areas at and above the water line, when authorized, including but limited to walls, screens and tarps.
SECTION 18-23. Design Minimums.
In addition to complying with Chapter 36 of Building Code (unless otherwise stated herein), all Structures shall comply with the following provisions:
(a) Wood piles shall comply with Chapter 18 of the Building Code.
(b) All Docks, Piers or Boathouses (or combination) shall be designed to withstand the Loads as specified in Chapter 16 of Building Code, based upon the occupancy classification as assigned by the City’s Building Official.
(c) Structures must withstand a minimum of four (4) foot high wave action at lake levels up to 601 feet above sea level. Floating docks must be designed with anchorage footing and piers to remain in place without floating off at the 601 elevation.
(c) Cables and chains used in anchoring systems shall be designed with a minimum working load safety factor of 3.0 for cable and 2.0 for chains.
(d) Walkways and Bridges shall have a maximum slope under dead Load of a 4:1 ratio to any direction at the lake level of 594 feet above sea level.
(e) Flotation devices for Structures, Walkways and Bridges shall be designed to support the Dead Load and Live Load as a fixed Structure, except that private residential structures may be designed to support the Dead Load plus 30-pounds per square foot Live Load when permitted by Chapter 36 of the Building Code.
SECTION 18-24. Floatation Material.
(a) Flotation material shall be extruded polystyrene, expanded polystyrene, or a copolymer of polyethylene and polystyrene and shall have a minimum density of 0.9 pounds per cubic foot, and be of consistent quality throughout the float. Beads shall be firmly fused together, and there shall be no voids inside the encasement. Flotation material shall have a water rate absorption of less than 3.0 pounds per cubic foot over seven (7) days when tested by the Hunt Absorption Test. Other flotation material may be considered if it meets all of the requirements set forth in this section.
(b) Flotation material shall be encased in solid polyethylene or a polyurethane type coating, both of which shall be watertight and have a nominal thickness of 0.125 inches.
(c) Drums made of plastic, whether new or recycled, or metal shall not be used for encasements or floats.
(d) All flats shall be warranted for a minimum of eight (8) years against sinking, becoming waterlogged, cracking, peeling, fragmenting, or losing beads, and shall not be prone to damage by animals.
(e) Floats that are punctured, exposing the foam to erosion or deterioration, shall be replaced immediately.
SECTION 18-25. Inspections and Removal for Violations.
(a) Docks, Piers and Boathouses under construction must pass an inspection by the Planning and Development Department in accordance with Chapter 1 of the Building Code.
(b) All owners must comply with this article and all permit requirements. Illegal or unauthorized structures are subject to city codes regarding the removal or hazardous and illegal structures.
SECTION 18-26. Waivers.
(a) Except for those requirements in Sections 18-22 and 18-23, a person shall submit a written request for a waiver to the LWMO stating specifically the requirement and the reasons for such waiver. The requestor must also show that the waiver shall pose no health or safety risk nor conflict with the Water and Use Easement.
(b) Construction beyond the Water Use and Access Easement (i.e. on land within the lake that is not subject to any deeded or optioned Water Use and Access Easement) shall be considered only with the prior written approval from the LWMO. Variance shall be considered on a case-by-case basis.
ARTICLE II, CONSTRUCTION STANDARDS
3603 Permit Required. No person shall erect, construct, enlarge, alter, or move any dock, pier, boathouse or combination at Lake Worth without complying with the provisions of this chapter.
Each application for a permit, together with plans for a dock, pier, boathouse, or any combination thereof shall be submitted as specified in Chapter 1 of the Fort Worth Building Code and as may be specified in other City codes.
3603.1 When an existing structure will be used as part of the newly proposed structure, the project plans must include a complete description of the existing structure.
3603.2 The project plans must include a description of the site that shows the location of the primary lot, the extension of property lines out into the water area and a key plan, either included on the site plan or on a separate sheet, to show the location on or to the body of water.
3603.3 When plans are required or voluntarily submitted with a design by a registered professional engineer (RPE), such plans shall contain a statement that the proposed structure complies with the specifications set forth in this code.
3603.4 Each plan set must also include a copy of the manufacturer’s certified plans for any components that will be part of the structure such as decking, railing, or awning systems.
3603.5 The project plans and manufacturer’s certified plans must be based upon the actual conditions at the site of the proposed structure.
3603.6 Submittal of a permit application is not permission to begin work. Construction is not permitted to begin until a permit is ISSUED.
3604 Use. Docks, piers and boathouses for private use shall normally be classified as a Group U Occupancy. Other occupancies may be allowed when the use is permitted by the Zoning Ordinance, together with the approval of any other appropriate department of the City of Fort Worth, and the construction complies with this code for said use.
3605 Design and Design Loads.
3605.1 General. The RPE shall apply the appropriate loads when doing calculations. Such factors shall include, but not be limited to:
a. dead load
b. live load
c. roof load
d. wind load and wave action; which should be considered as simultaneously applied
e. when intended to have boats attached to the structure for storage, the effects of such estimated loads, such as wind and wave, on the boat that are transferred to the structure shall also be considered.
f. when intended to have boats lifted out of the water, the effects of such estimated loads, such as wind on the boat and dead load of the boat, that are transferred to the structure shall also be included.
g. surface areas at and above the water line, when authorized, including walls, screens, tarps, etc.
h. except as allowed for in Section 3605.3, flotation devices shall be designed to withstand the same dead load and live load as a fixed structure.
3605.2 All Occupancies. Regardless of the occupancy category assigned, all structures shall comply with the following provisions:
a. Piles shall conform to Chapter 18 of the Fort Worth Building Code.
b. All docks, piers and boathouses shall be designed to withstand the loads as specified in Chapter 16of the Fort Worth Building Code, based upon the Occupancy classification as assigned by the Building Official.
Exception: Private residential structures, classified as a Group U, may use the design loads as specified in Section 3605.3.
c. Structures shall be able to withstand a minimum of four-foot high wave action at normal water levels. (For Lake Worth, up to 601 ft. above sea level.) Floating docks must be designed with anchorage footing and piers to remain in place without floating off at the normal water levels (For Lake Worth, up to 601 ft. above sea level.)
d. Cables and chains used in anchoring systems shall be designed with a minimum working load safety factor of 3.0 for cable and 2.0 for chains.
e. Walkways and bridges shall have a maximum slope under dead load of a 4:1 ratio to any direction at the lowest expected water level. (For Lake Worth, 594 ft. above sea level.)
3605.3 Group U Occupancies. When private structures associated with residential uses are assigned a Group U Occupancy classification, the design provisions provided in Section 3605.3.1 through 3605.3.2, may be used in lieu of Chapter 16.
3605.3.1 Flotation devices shall be designed to support the dead load plus 30-pounds per square foot (PSF) live load applied to deck area.
3605.3.2 Structural frame shall be designed to support 40 PSF live load applied to the full surface area of the deck.
3606 Dock and Pier Construction. For structures that are not required to have a RPE certified plans, the proposed design shall incorporate the following minimum provisions in this chapter:
3606.1 Piles. Wood piles shall be a minimum of six (6) inches in diameter. Metal piles shall be a minimum of three (3) inches inside diameter pipe. Such piles shall be driven to a minimum depth of twenty-four (24) inches below the top layer of silt. Such piles shall be driven in pairs, one on either side of the platform, and braced as required by section 3606.6. Such piles shall not be spaced apart more than ten (10) feet center to center.
3606.2 Box cribs. Sets of structural columns of the same size forming a box crib may be used. Such crib shall be braced as required in Section 3606.6 and anchored as required in Section 3607.
3606.3 Beams. Beams shall be defined as those members which connect to piles to support the stringers. All beams when of wood shall be a minimum 2-inch material.
3606.4 Stringers. Stringers shall be defined as those members usually supporting the decking. All stringers when of wood shall be of a minimum 2-inch material. Pipe stringers shall be a nominal 2-1/2-inch I.D. and spaced not more than eighteen (18) inches O.C.
3606.5 Decking.
3606.5.1 Wooden platform decking shall be of a minimum nominal 2-inch material.
3606.5.2 Other materials, to include lightweight concrete or metal decking may be used when approved by the Building Official. Such decking shall meet the load requirements of Section 3605.
3606.6 Bracing.
3606.6.1 All wooden bracing shall be of a minimum nominal 2-inch material.
3606.6.2 Bracing shall be accomplished by one or more of the following methods:
a. Cross or “X” bracing. Cross or “X” bracing may be used on each set of pier and box cribs.
b. Beams may be used as bracing, provided the connections give sufficient support to resist horizontal forces equivalent to that of cross or “X” bracing.
c. Knee bracing. Knee bracing shall be used on each pier attached to and paralleling the platform deck. Pipe knee bracing shall be a nominal 2-1/2 inch I.D.
3606.7 Attachment of deck. Attachment of the platform deck to beams and piles shall be accompanied by one or more of the following methods:
a. By attaching the beams to the piles and box cribs by lag bolts.
b. By caps: Wood caps shall be a minimum nominal 4-inch material and anchored by bolts and welded.
3607 Anchorage of Floatation and box crib structures. Such structures shall be anchored with solid units that will provide the following anchorage:
a. Docks and piers less than fifty (50) feet in length: An anchor on each corner that will support one-fourth of the total dead load plus one-eight the total live load.
b. Docks and piers fifty (50) feet or more in length: Anchors at the midpoint of the piers.
c. All docks and piers shall be anchored to the shoreline.
d. All anchors shall be of masonry, concrete, or steel and shall be securely fastened to the dock or pier by cable, chain, or other approved methods.
3608 Required Water Proofing.
3608.1 All wood below one (1) foot above spillway elevation on lakes (for Lake Worth, 601 feet) or below one (1) foot above the 50-year flood elevations on other bodies of water shall be treated lumber. Creosote is not allowed.
3608.2 All metal, including bolts, lag bolts, and fasteners, shall be galvanized or painted with paints of similar materials approved for immersion in water.
3609 Floatation Material.
All flotation units shall adequately support the dead and live loads of all beams, stringers, and platforms. Data shall be submitted to and approved by the LWMO showing that the buoyancy of such units will support the loads imposed.
Only flotation units made of materials which will not affect the water quality in any way may be used. Flotation units shall be constructed of material that has never been used in any manner for storage of toxic or hazardous material. Proof that the flotation units meet the above requirements must be provided to and approved by the LWMO.
(a) Flotation material shall be extruded polystyrene, expanded polystyrene, or a copolymer of polyethylene and polystyrene and shall have a minimum density of 0.9 pounds per cubic foot, and be of consistent quality throughout the float. Beads shall be firmly fused together, and there shall be no voids inside the encasement. Flotation material shall have a water rate absorption of less than 3.0 pounds per cubic foot over seven (7) days when tested by the Hunt Absorption Test. Other flotation material may be considered if it meets all of the requirements set forth in this section.
(b) Flotation material shall be encased in solid polyethylene or a polyurethane type coating, both of which shall be watertight and have a nominal thickness of 0.125 inches.
(c) Drums made of plastic, whether new or recycled, or metal shall not be used for encasements or floats.
(d) All flats shall be warranted for a minimum of eight (8) years against sinking, becoming waterlogged, cracking, peeling, fragmenting, or losing beads, and shall not be prone to damage by animals.
(e) Floats that are punctured, exposing the foam to erosion or deterioration, shall be replaced immediately.
3612 Hazardous structures. The requirements of this chapter are considered minimum requirements for safety purposes. Any such structures that do not meet these requirements shall be considered hazardous and shall be abated, as provided by Section 115 of the Fort Worth Building Code. If the regulations of any other regulating body having authority over the body of water are more stringent, such regulations will take precedence.
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