Scenic Shores Neighborhood Association: 2010

Final Critical Meeting! Be There! - Tues Jan 4, 2011

If you can't see the video above, click or copy the following link into your browser:
http://www.youtube.com/v/1lmNgn2dZ2s

If you care about your shoreline property on Lake Worth, you need to be at the council meeting!

When:
Tuesday, January 4th at 7:00 p.m.

Where:
City Hall
1000 Throckmorton
Fort Worth TX 76102

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Video Transcript:

I had planned to make a video that demonstrated how sanity finally prevailed in the dock ordinance saga. I was going to illustrate how the zoning board’s recent recommendations reflected the community’s collaboration and consensus.

Unfortunately, I won’t be making that video. Instead, I have some extremely disappointing news. In a bizarre move that defies explanation, our councilman, Carter Burdette, has thrown out the zoning board’s recommendations and has inserted his own arbitrary changes to the proposal. You have to understand that this move is “off the charts” in terms of how things are supposed to work. I am going to explain what is going on, but I want you to know right now, that you need to act to protect your property. You need to be at the city council meeting this coming Tuesday night, January 4th at 7:00P.M.

So what’s going on? As you know, I and other lake leaders have worked three years trying to protect our properties. I won’t go into the unpleasant details, but these efforts came to a head last month at the December 8th zoning board meeting. Lake leaders and residents presented reasons and arguments to the board that specific changes needed to be made to the proposal. The board listened to residents and made the necessary changes. The board then passed the recommendations unanimously. In a normal situation, that would have been the end of it. Our councilman would take the board’s recommendations and then passed them at the next council meeting.

Not this time. In an unprecedented move, Councilman Burdette threw out the zoning board’s work and arbitrarily inserted his own preferences. These changes go against the community’s wishes and fly in the face of the zoning board’s recommendations. To put it mildly, lake leaders are very disappointed with our elected official.

In fact, one of the neighborhood association presidents called the councilman and asked why he was making these changes. His reply was bizarre. He said, and I quote, “for every square foot a homeowner takes for their dock that is a square foot not for use to the public." Now, I have to tell you that I find this argument so ridiculous that it is embarrassing to even address it.

But since that is his stated concern, let’s take a few seconds to look at it. The first question to our councilman is exactly which lake users benefit from his changes. Let's take look: skiing - no, fishing - no, boating - no, sailing - no, swiming - no. The fact is that you cannot identify even one user group or one citizen who benefits (even theoretically) from his changes.

In fact, if you follow this logic through and do the actual calculations, you see how utterly absurd the argument is. So here are the numbers. The lake is over 150,000,000 square feet. If EVERY property owner on the lake built a dock which was 400 square feet bigger, the differential area would represent 13/100ths of 1% of the lake area. (150,000,000 / 400 x 500 = .0013) And that's if ALL 500 owners built new docks. To say it another way, even with all 500 property owners built new docks, you would still have just slightly less than 100% of the lake for public use.

Let’s look at this visually. Here’s a satellite photo of the lake. Notice that compared to the size of the lake, the docks are tiny, tiny specks. They are barely visible. Even if we quadrupled the size of every dock on the lake, you wouldn’t be able to see any difference.

So what does this mean?

First, it means that the changes that our councilman has made represent an insignificant and inconsequential fraction of the lake. It has absolutely no recognizable effect on the percentage of the lake covered by docks.

Second, his changes have no benefit to any user group whatsoever.

If you remember from a previous video, the changes he is making were addressed in the December survey which was distributed to all lake residents. According to the survey, 98% of lake residents believe that the provisions he is proposing will damage their property values.

So the question is simple, “why would you damage citizens’ property if there is absolutely no benefit to anyone?”

The insult to the injury is that these actions are being taken by our councilman who is operating in what is commonly called “lame duck” capacity. Our council seat, District 7, is up for vote this coming May. Councilman Burdette has officially alerted the media that he is not going to run again. So in a nutshell, we have a councilman, who is not going to face the voters in May, making bizarre arguments and unprecedented amendments to this critical zoning ordinance.

So what are we going to do? The measure is now going to council for passage. You need to be at that council meeting. The meeting is on Tuesday, January 4th at 7:00P.M. Everyone who wishes to speak will have three minutes. Whether you speak or not, you need to be at that meeting. You absolutely need to be present.

I cannot emphasize how important your single presence is. Your being there is going to make a huge difference in how this goes. If you don’t attend, you might as well deed your property back to the city because our city leaders are going to take it from you piece by piece.

Look, you and I pay some of the highest property taxes in Texas. There is no doubt that shoreline residents are being subjected to taxation without representation. We should expect far more from our city government than this. If you care about your shoreline property, you need to be at city hall at 7:00 Tuesday night, January 4th standing tall.

We’re all in this together. I’m Michael Dallas.

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Latest Ordinance Proposals:

Approved Zoning Ordinance by Zoning Commission 12/8/2010

http://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=1WiaIvPSOeLhXvZmOBrykO5F9meMAhuu40hYJITb62nZ_3nO_xBjC7uZvfzNW&hl=en

Changes Made by Councilman Burdette 12/28/2010

http://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=1gg9PoBMtC5Mln5eTa-devyHT5FGDbgVqRPpKUOiWiiezK8BE2ReF9t519RIM&hl=en

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Last Three Videos on Lake Worth Dock Ordinance
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December 8, 2010 Meeting Notice

http://scenicshores.blogspot.com/2010/11/critical-meeting-be-there-december-8th.html

November 9, 2010 - Contact Your Elected Officials

http://scenicshores.blogspot.com/2010/11/dock-ordinance-saga-update-11092010.html

October 19, 2010 - What's Wrong with This Ordinance
http://scenicshores.blogspot.com/2010/10/dock-ordinance-survey.html

Critical Meeting! Be There! December 8th, 2010

If you can't see the video above, click or copy the following link into your browser:
http://www.youtube.com/watch?v=HY0U9ZPxOp8

If you care about your shoreline property on Lake Worth, you need to be at the zoning meeting!

When:
Wednesday, December 8th at 10:00 a.m.

Where:
City Hall
1000 Throckmorton
Fort Worth TX 76102

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Video Transcript:

In my last two videos, I described to you how city staff is about to damage the value of every property on Lake Worth. The situation is now critical. At the end of the video, I am going to tell you what you need to do to protect your property.

As I mentioned in my last video, two years ago, a community collaboration known as the “Dock Steering Committee” was formed to create common sense guidelines for a new dock ordinance. The committee was composed of lake residents and real estate professionals and was led by city staff. The committee worked for 6 months with staff and the community to create workable guidelines. The recommendations satisfied staff and the majority of residents.

However, at the end of the collaboration, staff threw out it. Over the next two years, staff generated six revisions – each worse than the last. In other words, the community collaboration was a sham. It a hoax. It was just a way for staff to say the ordinance was created through a community process, when in fact, it was not.

Today, staff is taking its proposal forward. That proposal, in no way, reflects the community collaboration. In fact, the proposal is bad for the lake, bad for the City of Fort Worth, and its bad for lake residents. One of the worst problems with this ordinance is that it destroys property value.

On October 19, 2010, a survey was sent to all 494 property owners around Lake Worth. Over 170 property owners responded. Of those, 98% said that the new ordinance would damage property values. I’ll say it again, 98% said that the new ordinance proposal would damage their property values.

So what are we going to do? The measure is now under consideration by the zoning board. On December 8th, the zoning board will be taking public comments. Whether you speak or not, you need to be at that meeting. You absolutely need to be present.

I cannot emphasize how important your single presence is. This whole dock ordinance fiasco has been the result of the actions of five people. Your single presence is going to make a huge difference in how this goes. If you don’t attend, you might as well deed your property back to the city because city staff is going to take it from you piece by piece.

You need to be at city hall, downtown Fort Worth at 1000 Throckmorton at 10:00 a.m. on Wednesday, December 8th. I will have some buttons for you to wear. You don’t have to speak, but be sure to get your button and wear it into the meeting. That way, the zoning board members will know why you are there.

Look, you and I pay some of the highest property taxes in Texas. There is no doubt that shoreline residents are being subject to taxation with no representation. We should expect far more from our city government than this. If you care about your shoreline property, you need to be at city hall at 10:00 in the morning on Wednesday, December 8th standing tall, wearing a button.

We’re all in this together. I’m Michael Dallas.

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Last Two Videos on Lake Worth Dock Ordinance
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November 9, 2010 - Contact Your Elected Officials
http://scenicshores.blogspot.com/2010/11/dock-ordinance-saga-update-11092010.html

October 19, 2010 - What's Wrong with This Ordinance
http://scenicshores.blogspot.com/2010/10/dock-ordinance-survey.html

Dock Ordinance - Immediate Action Required! (11/09/2010)

Time Critical - Send Your Email to Our Elected Officials Now:

TO USE EASY LINK, CLICK HERE - Your email will be prepared for you - complete with your message. Just alter the message to your liking and click "send."

To contact each official separately, here is their contact information:

Councilman Carter Burdette
Email: Carter.Burdette@FortWorthGov.org
Phone: 817-392-8807
Address: 1000 Throckmorton, Fort Worth TX 76102

Mayor Mike Moncrief
Email: Mike.Moncrief@FortWorthGov.org
Phone: 817-392-6118
Address: 1000 Throckmorton, Fort Worth TX 76102

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Example Email 1 (You may copy and paste this text into your emails):

I am writing because I am deeply frightened by the way city staff has been treating the shoreline citizens residing on Lake Worth, myself included. We desperately need your help.

Two years ago, city staff led a community collaboration for creating a zoning ordinance on Lake Worth known as the “Dock Steering Committee.” This committee was led by city staff and was composed of real estate professionals and lake leaders. In December of 2008 (after six months of work), that committee issued recommendations for a zoning ordinance that met the needs of the residents and served the interests of the City of Fort Worth.

Shortly thereafter, city staff abandoned the community’s collaboration and engaged on a stubborn mission to damage property values and disenfranchise shoreline residents from the enjoyment of their homes. I believe that my home is in peril.

I am asking you to please restore order and to convince city staff to halt the attack on our homes.

Sincerely,

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Example Email 2 (You may copy and paste this text into your emails):

I am deeply concerned about the attacks that city staff are making against all of us shoreline residents on Lake Worth.

Two years ago, Fort Worth city staff worked with our local leaders to create a dock ordinance that would meet the needs of residents and the City of Fort Worth. In December 2008, the committee resolved all of the issues and city staff issued recommendations.

Since that time, city staff has usurped the process and engaged on a mission to damage our properties. I am deeply frightened for my home.

Please help.

Sincerely,

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You can CC to Michael Dallas at:
MichaelDallas@Gmail.com

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Dock Ordinance - Community Proposal vs. Current Staff Proposal (10/19/2010)

Dock Steering Committee Proposal (The Community Collaboration):

Size and Setback:
1) Up to 25% of easement can be covered by dock up to a maximum of 2500 square feet.
2) All residents are allowed at least a 1000 square foot structure as long as it fits within the deeded property.
3) Variances for size and setback can be applied for by all residents.

Setback:
1) A flat 5' setback applies to everyone.
2) The setback only applies to "sides" of property (i.e. does not shorten length of dock).

Covering and Enclosures:
1) "Dockhouses" are allowed as stated in deed.
2) A 2nd story and roof are allowed without restriction.

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Current Staff Proposal:

Size (limited by length of water frontage):
1) 0 to 100 foot frontage - limited to 800 square feet of structure
2) 101 to 150 foot frontage - limited to 1,200 square feet of structure
3) 151 feet or more frontage - limited to 1,600 square feet of structure
4) No size or setback variances allowed for anyone

Setback (increases with length of water frontage):
1) Less than 50 feet frontage - 5 feet setback
2) 50-69 feet frontage - 10 feet setback
3) 70-99 feet frontage - 15 feet setback
4) 100 feet or more frontage - 20 feet setback
5) Setback applies to "length" of dock as well (e.g. frontages over 100 feet only allowed to extend 80 feet into lake)

Covering and Enclosure:
1) "Dockhouses" are not allowed (i.e. siding prohibited).
2) Second stories are only allowed by getting a variance.
3) Second story can only be 50% covered by roof.

Dock Ordinance Survey (10/19/2010)

If you can't see the video above, you can view the video on YouTube:
http://www.youtube.com/watch?v=xok1xQ5XMAM

Click Here To View Differences in Proposals

Boat Dock Standards - September 21, 2010

Ordinance No. _______

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NUMBER 13896, CODIFIED AS APPENDIX “A” OF THE CODE OF THE CITY OF FORT WORTH (1986), TO AMEND ARTICLE 3, “ACCESSORY USES” OF CHAPTER 5, “SUPPLEMENTAL USE STANDARDS” TO ADD A NEW SECTION, SECTION 5.308, “DOCKS, PIERS AND BOAT HOUSES” TO REGULATE RESIDENTIAL DOCKS AND BOATHOUSES; TO AMEND CHAPTER 9, “DEFINITIONS” TO ADD NEW DEFINTIONS RELATED TO DOCKS, PIERS AND BOAT HOUSES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS Lake Worth is owned by the City of Fort Worth and the City has water rights in Lake Worth which is a drinking water source for residents and its wholesale customers; and

WHEREAS Lake Worth also provides a habitat for numerous species of plants and animals, and is a regional center for water recreational activities for the City of Fort Worth’s citizens and visitors; and

WHEREAS Chapter 36 of the Building Code as adopted by the City Council requires that structures constructed on Lake Worth must have the approval of the City’s Water Department, as well as comply with other City Codes; and

WHEREAS the City finds a need to take steps to protect the health and safety of the citizens of Fort Worth and the recreational users of Lake Worth by determining appropriate standards for boathouses and other structures; and

WHEREAS on or about July 2008 a steering committee was created which included representatives from various neighborhood associations around Lake Worth, real estate professionals, community members and City staff members; and

WHEREAS the steering committee developed its recommendations for standards for boathouses and other structures to be adopted by ordinance on November 20, 2008; and

WHEREAS the recommendations for boathouses and other structures were presented to the City Council’s committee on Infrastructure and Transportation on December 9, 2008; and

WHEREAS it is advisable to amend the Zoning Ordinance to add regulations for the construction and use of boathouses and other structures to insure the preservation of water quality, habitat and the natural and scenic beauty of Lake Worth as well as provide for the health and safety of its citizens and visitors.

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:

SECTION 1.

Article 3, “Accessory Uses” of Chapter 5, “Supplemental Use Standards” of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth is hereby amended to add a new section, Section 5.308, entitled “Docks, Piers and Boathouses” to read as follows:

Section 5.308. Docks, Piers and Boathouses

A. Purpose and Intent.

1. The purpose of this Section is to regulate the construction and use of residential boathouses and other structures to insure the preservation of water quality, habitat and the natural and scenic beauty of Lake Worth as well as provide for the health and safety of its citizens and visitors.

A person who wishes to construct or improve a residential Dock, Pier, Boathouse (structure) or Walkway must have a valid Water Use and Access Easement for Lake Worth executed and granted by the City of Fort Worth.

Commercial docks, piers, boathouses and slips will require a Special Exception from the Board of Adjustment. The Board of Adjustment shall consider whether the proposal will affect the water quality, habitat and the natural and scenic beauty of Lake Worth or the health and safety of its citizens and visitors.

B. Size and Setback Limitations.

The maximum size of any structure shall be as follows:

800 square feet of structure on a lot(s) with a shoreline that is equal to or less than 100 linear feet;
1,200 square feet of structure on a lot(s) with a shoreline that is greater than 100 linear feet but equal to or less than 150 linear feet; and
1,600 square feet of structure on a lot(s) with a shoreline that is greater than150 linear feet.

The area measured is to be the largest area at the end of a Walkway. The largest area may be either the outside corners of the structure or the roofline if it has more than a two-foot overhang. When roofs are permitted on the second story of a Dock, Pier or Boathouse as described in Subsection C. “Enclosures and Structures”, the allowable square footage shall include the total covered area of the second story.

2. One Walkway, not to exceed six (6) feet in width, shall be excluded in the square footage calculation of the structure. If, however, the Walkway exceeds six (6) feet in width, the difference shall count towards the maximum allowed square footage of the structure. No Walkway shall be allowed in excess of eight (8) feet in width or to extend to more than one structure. The distance the Walkway and the structure extends into the reservoir shall be kept as short a distance as is practical so as not to impair navigation and to maintain continuity with the shoreline.

3. The minimum setback of a structure from a projected side yard line shall be based on the width of the property at the Lakefront Property Line as follows:

Lot Width Setback

Up to 50 feet 5 feet

51-70 feet 10 feet

71-100 feet 15 feet

101 feet or more 20 feet

4. Structures may extend:

a. To a point 100 feet from the Lakefront Property Line into the waters of Lake Worth regardless of the depth of the water at that point, or

b. To the point at which the elevation of the land lying under Lake Worth is not less than 584 feet above mean sea level, but in no case more than 200 feet from the Lakefront Property Line into the water of Lake Worth.

The depth shall be determined by the City of Fort Worth.

No structure shall occupy more than one-third (1/3) of the cove width and in no case shall be located within 10 feet of the centerline of the cove.

(insert Paul’s cove exhibit)

A structure will be permitted without an existing residential use on the property.
Where large undivided tracts or multiple lots are used to determine the maximum area of a structure, the linear footage of shoreline for the combined area shall be set aside and cannot be used for the future determination of the size of other structures. With multiple lots, the primary residence must cross over the center lot line(s) by at least one (1) foot in order for more than one (1) lot width to be counted in determining the maximum area of a structure.

Enclosures and Storage.

Enclosed structures are prohibited. To protect a raised boat within a structure from the elements, solid sides on the structure will be permitted at a maximum of two (2) feet downward from the point where the ceiling joist meets the top plate. No additional materials may be installed below the two (2) foot sidewalls.

Structures shall be limited to a single story (lower deck) and a sundeck (upper deck) or roof. The floor of the lower deck shall be no less than the 596 foot elevation. The upper deck may not have a permanent roof or covering.

Open design safety railings attached to the upper deck may extend upward a maximum of three (3) feet.

A maximum storage area of thirty-two (32) square feet shall be allowed on the first floor (lower deck) of a structure. The design of the storage area shall be such that it does not close off any more than fifty percent (50%) of any wall length, maintaining the required openness required in Section C1. Products considered hazardous material or any material which has a warning label prohibiting its use or storage near water and/or public water supplies may not be stored in the storage area.

A roof will be allowed on the second floor if the lowest finished floor of the primary structure on the lot is at or above the peak of the roof of the Dock, Pier or Boathouse.

SECTION 2.

Chapter 9, “Definitions” of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth is hereby amended to add new definitions to read as follows:

Decking shall mean the surface material that forms the floor of the structure.

Dock, Pier, or Boathouse (or any combination) shall mean a structure that permits the landing and mooring of vessels, including the 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, but excluding the Walkway.

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.

Walkway (or Bridge) shall mean a passage that provides access from the land to a boat dock, marina, or other floating facility.

Water Use and Access Easement shall mean an easement granted by the City of Fort Worth enclosed on one side by the lakefront property line, on a second side by the waters of Lake Worth, and on the third and fourth side by two lines, each beginning at opposite ends of the lakefront property line and each being a projection of the side lot lines of each lot as shown on the plat of record or survey for the property.

SECTION 3.

This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed.

SECTION 4.

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.

SECTION 5.

Any person, firm, or corporation, who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation exists shall constitute a separate offense.

SECTION 6.

All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinances No. 3011, 13896 and any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance, and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.

SECTION 7.

The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code.

SECTION 8.

All other provisions of the Zoning Ordinance of the City of Fort Worth not herein amended shall remain in full force and effect.

SECTION 9.

This ordinance shall take effect upon adoption and publication as required by law.

APPROVED AS TO FORM AND LEGALITY:

By: ______________________________________

Assistant City Attorney

ADOPTED:

EFFECTIVE:

9/21/2010 Distributed to the Committee

Dock Ordinance - Ch 36 - Sept 21, 2010

Revisions to the existing Chapter 36 to

add Water Department provisions.

New provisions are underlined.

Deleted provisions are strikethrough.

This building chapter is designed to apply to private and commercial docks, piers and boathouses. As well as, docks, piers and boathouses that might be regulated by Fort Worth on other bodies of water such as the Trinity River Vision Lake or the Fort Worth side of Lake Arlington. Therefore, some wording is phrased in general terms instead of being specific to Lake Worth.

Chapter 36

Docks, Piers and Boathouses

3601 General. The provisions of this Chapter shall apply to any body of water within the corporate limits of Fort Worth that is under the jurisdiction and control of the City of Fort Worth. In the absence of other provisions, this chapter may be used on bodies of water not under the control of the City of Fort Worth.

This chapter and the “Docks, Piers and Boat House” standards, adopted elsewhere, may be more stringent than this code and other construction codes.

3601.1 Variances/Water Department Release. Lake Worth is owned by the City of Fort Worth. The Fort Worth Water Department has the charge for the safety of the water, as well as, safe usage of the water system. As such, some provisions in this chapter shall be designated as a regulation from the Water Department and will be identified as (WD). Any such section identified with (WD) cannot be granted a variance by the Construction and Fire Prevention Board without first obtaining a release from the Director of the Water Department.

3602 Definitions. The following words and terms shall, for the purposes of this chapter, have the meanings shown herein.

DEAD LOAD. 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.

As further defined in Chapter 16, the weight of materials of construction incorporated into the building, including but not limited to walls, floors, roofs, ceilings, stairways, built-in partitions, finishes, cladding and other similarly incorporated architectural and structural items, and fixed service equipment including the weight of cranes. All dead loads are considered permanent loads.

DECKING. The surface material that forms the floor of the structure.

As further defined in Chapter 16, an exterior floor supported on at least two opposing sides by an adjacent structure, and/or posts, piers or other independent supports.

DOCK, PIER, OR BOAT HOUSE (or any combination). A structure extending from the shore into the water to permit the landing and mooring of vessels. The term “dock”, “pier” or “boat house” includes the anchoring system and any walkways or bridges that will attach to the structure itself.

FLOTATION LIVE LOAD. The total load that a dock can carry without capsizing or sinking. The flotation live load is equal to the dead load plus the live load.

HUNT ABSORPTION TEST. A test documenting the rate at which flotation material absorbs liquid, as well as the quantity of liquid absorbed.

LAKEFRONT PROPERTY LINE. The property line that borders the regulated water area. (For Lake Worth, “as shown on the final plat of record or survey for the property”.)

LAKE WORTH MANAGEMENT OFFICE (LWMO). 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 that department.

LIVE LOAD. Any moving or variable superimposed load on the structure.

As further defined in Chapter 16, those loads produced by the use and occupancy of the building or other structure and do not include construction or environmental loads such as wind load, snow load, rain load, earthquake load, flood load or dead load.

LOADS. 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 are variable loads.

REGISTERED PROFESSIONAL ENGINEER (RPE). 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. The weight of the structure and its ability to support itself.

STRUCTURE. When used in this Chapter shall be inclusive of entire dock, pier or boat house, 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). A passage that provides access from the land or a boat dock, marina, or other floating facility.

3603 Permit Required. No person shall erect, construct, enlarge, alter, or move any dock, pier, boathouse or combination to any body of water within the corporate limits of Fort Worth, that is under the jurisdiction and control of the City of Fort 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 this code and as may be specified in other City codes.

Where such structures are constructed on Lake Worth or any body of water subject to the jurisdiction of another department of the City of Fort Worth, the additional approval of such department shall be obtained.

Submittal of a permit application is not permission to begin work. Construction is not permitted to begin until a permit is ISSUED.

3604 3602 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 3603 Design and Design Loads.

3605.1 General. When designed by an RPE, 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 this Code.

b. All docks, piers and pier platforms boathouses shall be designed to withstand the live and dead loads as specified in Chapter 16 of this 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. (WD) 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. (WD) 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. (WD) 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 the minimum live load shall be 40 pounds per square foot (PSF) live load applied to the full surface area of the deck.

3606 3604 Dock and Pier Construction. 3604.1 General. Docks and piers shall meet or exceed the minimum requirements for construction as follows: The proposed design shall incorporate the following minimum provisions:

3606.1 3604.1.1 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 3604.1.2 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 3604.2 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 3604.3 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 3604.4 Decking.

3606.5.1 3605.4.1 Wooden platform decking shall be of a minimum nominal 2-inch material.

3606.5.2 3605.4.2 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 3604.5 Bracing.

3606.6.1 3604.5.1 All wooden bracing shall be of a minimum nominal 2-inch material.

3606.6.2 3604.5.2 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. 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 3604.6 Attachment of deck. Attachment of the platform deck to beams and piles shall be accompanied accomplished 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 3605 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-eighth 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 shore line.

d. All anchors shall be of masonry, concrete, or steel and shall be securely fastened to the dock or pier by rope, cable, chain, or other approved methods.

3608 3606 Required Water Proofing.

3608.1 3606.1 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 3606.2 All metal, including bolts, lag bolts, and fasteners, shall be galvanized or painted with paints of similar materials approved for immersion in water.

3609 3607 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 Building Official 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. Materials which are considered unacceptable for this purpose include but are not limited to standard steel 55 gallon drums, any metal which may corrode in the aqueous environment, and any material which may release toxic or hazardous material into the lake proper. 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 Building Official.

(a) (WD) 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 chapter.

(b) (WD) 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.

(d) (WD) Materials which are considered unacceptable for this purpose include but are not limited to standard steel 55 gallon drums, any metal which may corrode in the aqueous environment, and any material which may release toxic or hazardous material into the lake proper.

(e) (WD) 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.

(f) (WD) Floats that are punctured, exposing the foam to erosion or deterioration, shall be replaced immediately.

3610 3608 Boathouse construction. Construction of boathouses or other structures shall meet or exceed the requirements for framing and coverage as specified in other parts of this code. When, in the opinion of the Building Official, the load of the intended use exceeds the capability of the minimum construction design specified in Section 3604, plans and specification may be required to be designed by an engineer registered in the State of Texas a Registered Professional Engineer (RPE).

3611 (WD) Prohibited uses.

3611.1 (WD) Toilet facilities. No toilet facilities of any type shall be allowed on any Structure built past the Lakefront Property Line.

3611.2 (WD) Fuel pumping. Fuel pumping facilities exceeding 55 gallons are not allowed on structures that extend past the Lakefront Property Line.

3612 (WD) Safety devices.

3612.1 (WD) Photocell light. 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.

3612.2 (WD) Water supply A potable water supply can be plumbed to the first floor (lower deck) 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.

3613 3609 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 116 102 of this Code. If the Tarrant County Water Control and Improvement District Number One regulations are more restrictive than the City of Fort Worth regulations, the Tarrant County Water Control and Improvement District Number One regulations apply.

Building Code Permit requirements

107.1.1 Lake Worth docks, piers or boathouses. The following provisions apply for permit submittal for docks, piers or boathouses on Lake Worth.

(a) Persons seeking to construct a Dock, Pier or Boathouse or Walkway must submit to 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 the body of water.

(d) The project plans must be signed and sealed by an RPE and contain a statement that the proposed Structure complies with the specifications set forth in this code Article and any and all structural design provisions in the Building Code.

Exception: Flat piers, 600 square feet or less in size, with no structures above the walking deck except a guardrail, inclusive of no canopy or no storage space, may be exempt from the engineering provision unless otherwise required by the building official. In calculating the 600 square feet area, the walkway area shall not be included unless wider than 6 feet, in which case, the entire walkway area shall be considered.

(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 lifts, 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.

Residential Code Permit requirements

R106.1.1 Lake Worth docks, piers or boathouses. The following provisions apply for permit submittal for docks, piers or boathouses on Lake Worth.

(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 lifts, 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.

Permit requirements.

The following provisions from the Water Code will are converted into permit requirements language for both the Residential and Commercial codes as listed above.

SECTION 18-19. Application to the LWMO.

Exception: Flat piers 600 square feet or less in size, with no structures above the walking deck except a guardrail, inclusive of no canopy or no storage building, may be exempt from the engineering provision unless required by the building official. In calculating the 600 square feet area, the walkway area up to 6 feet in width shall not be considered.

(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 lifts, 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.