Lake Worth - Dock Ordinance Proposal - June 2010

INSATALLATIONAND CONSTRUCTION STANDARDS,

DOCKS, PIERS AND BOAT HOUSES ON LAKE WORTH

ARTICLE I, INSTALLATION STANDARDS

SECTION 18-16. Definitions.

For the purposes of this Article II, 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 II 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.

Dock, Pier, or Boathouse (or any combination) shall mean a structure extending from the shore into the water to permit the landing and mooring of vessels. The term “dock”, “pier” or “boathouse” includes the anchoring system and any walkways or bridges that will attach to the Structure 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 lands 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 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.

(c) A person commits an offense if a person fails to obtain the written approval of the LWMO prior to erecting, constructing, enlarging, altering, or removing any Dock, Pier, Boathouse (or combination) or Walkway and/or fails to comply with any requirement in this Article II and/or the Building Code.

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 which has been granted by the City.

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) 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 Article and any and all structural design provisions in the Building Code.

(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.

(a) The maximum floor to area coverage allowed for Docks, Piers, Boathouses and/or Walkways shall be fifteen percent (15%) of the area of the Water Use and Access Easement. Every site regardless of the area of the Water Use and Access Easement shall be allowed a minimum coverage area of 1,000 square feet and a maximum coverage area of 1,500 square feet.

(b) The minimum setback 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

Less than 50 feet 5 feet

50-69 feet 10 feet

70-99 feet 15 feet

100 feet or more 20 feet

(c) Structures may extend 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 to the point at which the elevation of the land lying under Lake Worth is not lesser than 584 feet above mean sea level, but in no instance shall such improvements be allowed to extend further than 150 feet from the Lakefront Property Line into the waters of Lake Worth.

(d) No Structure shall occupy more than one-third (1/3) of the channel width and in no case shall extend more than 20 feet from the centerline of the channel, as determined by the LWMO.

SECTION 18-21. Structures.

(a) 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 to the point where the ceiling joist meets the top plate. No additional materials (i.e. lattice, fencing, bars, screen fabric, doors, glass, etc.) may be installed below the two (2) foot sidewalls. Safety railings attached to the deck may extend upward a maximum of three (3) feet. A Special Exception maybe granted pursuant to Section 18-26, to allow for enclosure of Structures that do not extend more than 100 feet into the Water Use and Access Easement.

(b) A contained storage area is allowed only within the first floor (lower deck) of a Boathouse and only for the purpose of storing items such as tackle and life jackets. 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 these areas. The maximum storage area allowed shall be as follows:

Structure Area Storage Area

800 to 1500 square feet 32 square feet

1501 to 2000 square feet 48 square feet

2001 to 2500 square feet 64 square feet

(c) 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 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.

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

(e) 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 of a Structure shall have a minimum of one-half (1/2) in 12 pitch. The upper deck may not have a permanent roof or covering. The roof shall be constructed in accordance with the Building Code.

(f) 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.

(g) A person commits an offense if a person constructs or improves a Structure in violation of this Section.

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.

(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 lake level of 594 feet above sea level.

(f) 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. Such Structures may also be subject to inspection by the LWMO or the City’s authorized agents, without prior notice, at reasonable times.

(b) All owners must comply with this Article II and all permit requirements.

(c) Failure to request and/ or pass inspection, or failure to correct any violations within 30 calendar days of receipt of written notice, may result in the removal of the Structure at the owner’s expense.

(d) The LWMO may remove any Structure that remains a hazard to navigation in Lake Worth as determined by LWMO, at the owner’s expense after written notice of the LWMO to remove the Structure.

(e) When a Structure is removed for any reason, either at the initiative of the owner or at the direction of the LWMO, the owner shall be responsible for the complete removal of the entire Structure and any other related components or materials installed in conjunction with the construction, maintenance, or use of the Structure.

(f) Appeal of a decision of the LWMO to remove a Structure shall be to the Director of the Water Department pursuant to Section 18-26.

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) Upon the recommendation of the LWMO, the Director of the Water Department may grant up to a five percent (5%) waiver for those requirements stated in Sections 18-20 and 18-21(b).

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. The existing structure must also comply or be brought into compliance with the specifications set forth in these regulations.

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. The proposed design shall incorporate the following minimum provisions:

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:

b. By attaching the beams to the piles and box cribs by lag bolts.

c. 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 shore line.

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 theLWMO.

(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.

3610 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 LWMO, the load of the intended use exceeds the capability of the minimum construction design specified in Section 3605.3, plans and specification may be required to be designed by a Registered Professional Engineer (RPE).

3611 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.

APPROVED

By: ________________________________

S. Frank Crumb, P.E.

Water Department Director

Adopted: ______________________

Effective: ______________________

6-4-09

Tempers Flare over Proposed Lake Worth Dock Ordinance - Art Jones







Click here to see the story on Times Record Online


July 16, 2009

Tempers flare over proposed Lake Worth dock ordinance
by Art Jones










This weathered dock extends from a rarely used vacant lot on Sunset Point Circle and has been called an "attractive nuisance" by neighbors.

It was standing room only at the City of Lake Worth city council chambers last Wednesday night, July 8. A large number of residents who live on the shore of Lake Worth had come to meet with representatives of the City of Fort Worth to voice their concerns about the latest draft of the new proposed dock ordinance. The reservoir is entirely within the city limits of Fort Worth and is owned by the city.

Discussions between residents and the city began several months ago after the city’s Lake Worth Management Office began evaluating docks around the lake. At that time, 113 were deemed in good repair and usable; 108 docks need some maintenance or repairs; and 82 docks are in such poor condition the management office determined they should be removed.

However, no standard for docks or boat houses on Lake Worth exits. While there are construction standards in the city’s building code, no standards currently exist specific to boat docks.

The city decided to work with residents to come up with a set of standards for existing docks and new construction. A committee of resident homeowners was assembled and presented its recommendations to the Lake Worth Management Office in August 2008, and a draft of the proposed standards was prepared. These standards were presented at a public hearing last October by Paul Bounds, regulatory and environmental coordinator for the City of Fort Worth Water Department.

There were more meetings and more discussion. In November 2008, additional committee recommendations were made and the standards were again revised. A "final" draft was distributed to committee members and neighborhood associations a few weeks ago, on or about June 3. The public meeting July 8 was to review the new standards so the ordinance could be submitted to the Fort Worth City Council for adoption sometime in September.

However, several points submitted by the committee and of significant importance to the property owners had been omitted from the final draft.

"For six months, a lot of good people … worked on this," said Michael Dallas, president of the Scenic Shores Neighborhood Association, "and the result [of our efforts] met the objectives. Everybody on the lake who has a property can have a dock. Everybody that has a dock can keep the dock. Everybody that has a dock … and wants to fix their dock up, can.

"We did have some concerns about procedures [in the proposed ordinance] but were told ‘don’t worry about that, we have a variance procedure that will take care of that,’" Dallas said. "Six months later, we get this document back – I nearly fell out of my chair – pretty much everything, all the protections [we had] put into this document, gutted like a fish."

What was removed from the proposed final draft of the ordinance, Dallas told the Times-Record, was the provision that property owners could build the dock of their choice – size and configuration – so long as it did not infringe on neighboring properties. However, the present version limits the size of docks and reads as follows:

The maximum floor to area coverage allowed for Docks, Piers, Boathouses and/or Walkways shall be twenty-five percent of the area of the Water Use and Access Easement. Every site regardless of the area of the Water Use and Access Easement shall be allowed a minimum coverage area of 1,000 square feet and a maximum coverage area of 2,500 square feet.

Unlike most lakes in the United States, residents owning or leasing property on the shore of Lake Worth have special warranty deeds, an easement, which allows them to use the lake bottom bordered by the shoreline and their property lines as extended into the lake. The easement can be passed along to heirs, sold to a new owner, etc. The size of dock an owner can build is not addressed in the easement.

In a "fee simple" type of ownership, which is what most residential homeowners have, you own the property, but its use is still governed by city or county ordinances or zoning laws and any previous deed restrictions limiting the use of the property. An "easement" is the right to use the land of another person or entity for a particular purpose. The City of Fort Worth owns the bottom of the lake. The easements are assigned to the individual residential property owners along the shoreline.

In addition, Dallas said, the opportunity to take a dispute before a variance committee was no longer in the proposed boat dock standards.

"We thought there would be a Boat Dock Standards Board of Adjustments," Bounds told the Times-Record. "Then, we found out that the city was trying to reduce the number of boards, not add new ones." He said a new variance procedure would be added to the next draft of the ordinance, but did not know what form it would take. He also said the five percent variance in dock size provided by the present version of the ordinance was not realistic. "There are so many variables – a shoreline is not like a normal neighborhood – there are a lot of curves in the lot lines."

Bounds also said that the reasoning behind limiting the size of a boat dock was to ensure "health and welfare standards" and to preserve "orderly development and aesthetics" of the shoreline. To think that the City of Fort Worth had no voice in the use of the easements was, he said, "ludicrous."

Residents, however, interpret the city’s tactic as a way to take their easement back, or to at least dictate what size dock can be built – a view many residents strongly oppose, since it could have the effect of dramatically lowering their property value.

The example given by several property owners was of a potential buyer who wanted a large boat dock. He would look elsewhere if Lake Worth docks are limited in size.
However, dock size is controlled on Eagle Mountain Lake and Possum Kingdom Lake, and private docks are not allowed on Lake Benbrook. oHowever

Other residents voiced concerns about the $2,000 fine that could be imposed for violations of the proposed ordinance. Christa Reynolds from the City of Fort Worth legal department said that the language pertaining to the fine was used in all Fort Worth ordinances:

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 is permitted to exist shall constitute a separate offense.
She said that she was not aware of a single instance where the $2,000 fine had been imposed.

Still remaining unresolved is the "grandfathering" of existing docks that are not in compliance with the proposed standards, but are in good condition and do not present a hazard. Will they have to be brought into compliance at some time in the future when repairs are necessary?

If an existing dock is expanded or improved, will the entire structure have to be brought into compliance? That’s the way the present draft of the standards reads, but without the option of a variance, it could prove prohibitively expensive for a property owner, according to opponents.

And, the issue of ownership is far from being resolved. The city is adamant that they have the right to make any rules deemed necessary since they own the land. Many residents hold the opposite opinion and say that the Special Warranty Deeds prohibit the city from doing just that.

For now, the city has gone back to the drawing board on its proposed dock ordinance, and at least one more public meeting is being planned, although a time and date have not been set.

Final Ordinance - Proposal June 15, 2009

Discussion of problems have been put in yellow text.********************************************************



DRAFT
6.03.09V4

Ordinance No. _________


AN ORDINANCE AMENDING CHAPTER 18, “LAKE WORTH”, OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY ADDING ARTICLE II, PREVIOUSLY RESERVED; TO BE ENTITLED “DOCKS, PIERS AND BOAT HOUSES ON LAKE WORTH”; SECTION 18-16 “DEFINITIONS”; SECTION 18-17 “CONSTRUCTION OR IMPROVEMENT OF A DOCK, PIER, BOATHOUSE OR WALKWAY”; SECTION 18-18 “GENERAL PROVISIONS”; SECTION 18-19 “APPLICATION TO THE LWMO”; SECTION 18-20 “SIZE AND SETBACK LIMITATIONS”; SECTION 18-21 “STRUCTURES”; SECTION 18-22 “DESIGN LOADS”; SECTION 18-23 “DESIGN MINIMUMS”; SECTION 18-24 “FLOATATION MATERIAL”; SECTION 18-25 “INSPECTIONS AND REMOVAL FOR VIOLATIONS”; SECTION 18-26 “WAIVERS”; 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 is managed by the Water Department; 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 Water Department, as well as comply with other City Codes; and

WHEREAS, the Water Department determined a need to balance the right of the property owners at Lake Worth and the protection and integrity of the City’s right as property of Lake Worth by determining appropriate standards for boathouses and other structures; and

WHEREAS, on or about July 2008a steering committee was created made up of 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 to be adopted by ordinance on November 20, 2008; and

WHEREAS, the Water Department presented these recommendations to the City Council’s committee on Infrastructure and Transportation on December 9, 2008; and

WHEREAS, the Water Department, after conferring with the Planning and Development Department and the Building Official, hereby recommends these standards be adopted through this ordinance by the City Council.



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

SECTION 1.

Part II of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 18, “Lake Worth”, Article II, “ is hereby added to the City Code to read and be as follows:
ARTICLE II. DOCKS, PIERS AND BOAT HOUSES ON LAKE WORTH.

SECTION 18-16. Definitions.

For the purposes of this Article II, 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 II 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.

Dock, Pier, or Boathouse (or any combination) shall mean a structure extending from the shore into the water to permit the landing and mooring of vessels. The term “dock”, “pier” or “boathouse” includes the anchoring system and any walkways or bridges that will attach to the Structure itself.

Problem: Definition conflicts with rights granted in easement. This document erroneously implies structures can only be used in the support of boating activities. Easement clearly states that structure can be used for water recreational activities including the storage of boats. 2) Easement uses the words “dock” but never “boat dock.”More Appropriate: “Piers, docks, and boat houses: 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 lands 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 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.

Comments: Does this mean that someone has to pull and pay for a permit to remove their old dock? Most people who haven't removed their old dock can afford to remove it and they want them to pay for a permit to do it. Seems like that would discourage folks not to remove their old dock.

(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.

(c) A person commits an offense if a person fails to obtain the written approval of the LWMO prior to erecting, constructing, enlarging, altering, or removing any Dock, Pier, Boathouse (or combination) or Walkway and/or fails to comply with any requirement in this Article II and/or the Building Code.

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.

Question: What if someone is planning on buidling a house and wants to build the dock first? I guess the city employees will just say "No?"

(b) A person who wishes to construct or improve a Dock, Pier, Boathouse or Walkway must have a valid Water Use and Access Easement which has been granted by the City.

(c) A person commits an offense if a person constructs or improves a Dock, Pier, Boathouse or Walkway without a valid Water Use and Access Easement granted by the City.


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) 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 Article and any and all structural design provisions in the Building Code.

(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.

(a) The maximum floor to area coverage allowed for Docks, Piers, Boathouses and/or Walkways shall be twenty-five percent (25%) of the area of the Water Use and Access Easement. Every site regardless of the area of the Water Use and Access Easement shall be allowed a minimum coverage area of 1,000 square feet and a maximum coverage area of 2,500 square feet.

(b) The minimum setback 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
Less than 50 feet 5 feet
50-69 feet 10 feet
70-99 feet 15 feet
100 feet or more 20 feet


(c) Structures may extend 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 to the point at which the elevation of the land lying under Lake Worth is not lesser than 584 feet above mean sea level, but in no instance shall such improvements be allowed to extend further than 150 feet from the Lakefront Property Line into the waters of Lake Worth.

(d) No Structure shall occupy more than one-third (1/3) of the channel width and in no case shall extend more than 20 feet from the centerline of the channel, as determined by the LWMO.

SECTION 18-21. Structures.
(a) 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 to the point where the ceiling joist meets the top plate. No additional materials (i.e. lattice, fencing, bars, screen fabric, doors, glass, etc.) may be installed below the two (2) foot sidewalls. Safety railings attached to the deck may extend upward a maximum of three (3) feet. A Special Exception maybe granted pursuant to Section 18-26, to allow for enclosure of Structures that do not extend more than 100 feet into the Water Use and Access Easement.

(b) A contained storage area is allowed only within the first floor (lower deck) of a Boathouse and only for the purpose of storing items such as tackle and life jackets. 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 these areas. The maximum storage area allowed shall be as follows:

Structure Area Storage Area
800 to 1500 square feet 32 square feet
1501 to 2000 square feet 48 square feet
2001 to 2500 square feet 64 square feet

(c) 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 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.

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

(e) 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 of a Structure shall have a minimum of one-half (1/2) in 12 pitch. The upper deck may not have a permanent roof or covering. The roof shall be constructed in accordance with the Building Code.

(f) 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.

(g) A person commits an offense if a person constructs or improves a Structure in violation of this Section.

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.

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.

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.

(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 lake level of 594 feet above sea level.

(f) 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. Such Structures may also be subject to inspection by the LWMO or the City’s authorized agents, without prior notice, at reasonable times.

Comments: This provision needs to be clear that LWMO employees fall squarely under the city's well-established 'right of entry' policy and must comply with that provision. The 'without prior notice' language seems to contradict the spirit if not the letter of the city's statute. Here is the Building Code's verbage:

104.6 Right of entry. When it is necessary to make an inspection to enforce the provisions of this code, or when the building official has reasonable cause to believe that there exists in a building or upon a premises a condition that is contrary to or in violation of this code that makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. An application for a permit shall be considered as permission from an authorized representative to inspect the premises."

(b) All owners must comply with this Article II and all permit requirements.

(c) Failure to request and/ or pass inspection, or failure to correct any violations within 30 calendar days of receipt of written notice, may result in the removal of the Structure at the owner’s expense.

(d) The LWMO may remove any Structure that remains a hazard to navigation in Lake Worth as determined by LWMO, at the owner’s expense after written notice of the LWMO to remove the Structure.

(e) When a Structure is removed for any reason, either at the initiative of the owner or at the direction of the LWMO, the owner shall be responsible for the complete removal of the entire Structure and any other related components or materials installed in conjunction with the construction, maintenance, or use of the Structure.

(f) Appeal of a decision of the LWMO to remove a Structure shall be to the Director of the Water Department pursuant to Section 18-26.

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) Upon the recommendation of the LWMO, the Director of the Water Department may grant up to a five percent (5%) waiver for those requirements stated in Sections 18-20 and 18-21(b).

Question 1: This is very disconcerting. Citizens widely resent the actions of a recently reassigned LWMO employee who acted in an 'all-powerful' manner for years. Why is it that they (city employees) continue to want to give a single employee the authority to approve or disapprove construction exceptions? Why can't citizens appeal to a bona fide group such as a board or council like all other construction exceptions?

Question 2: A lot of people on the steering committee are very adamant about creating a document that retains flexibility to vary the standards when the situation permitted. Who unilaterally decided to cap (the Director's of the Water Department) flexibility at 5%?

SECTION 2.
CUMULATIVE PROVISIONS

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 3.
SEVERABILITY CLAUSE

It is hereby declared to be the intention of the City Council that the phrase, clause, sentence, paragraph or section 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 4.
PENALTY CLAUSE

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 is permitted to exist shall constitute a separate offense.

Question: Who's going to inflict these $2,000 per day penalties? The legal department? Development? Code enforcement? LWMO? Does this mean that LWMO employees now will have the authority to fine homeowners $60,000 per month?

SECTION 5.
RIGHTS AND REMEDIES

All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended herein, 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 6.
PUBLICATION

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










SECTION 7.
EFFECTIVE DATE

This Ordinance shall take effect on the date it is adopted.
APPROVED AS TO FORM AND LEGALITY:


By: _________________________________
Assistant City Attorney

ADOPTED: __________________________

Jacksboro Highway Plans

Neighbors have asked about the proposed plans for Jacksboro Highway and the Lake Worth bridge. There is some work that will begin soon and other plans that will be done far in the future.

Short-Term Plans:
In the short-term, the bridge will get traffic dividers. Currently, there is no physical barrier between east and west bound traffic. While dangerous enough in clear conditions, icy conditions make the bridge particularly dangerous. The homemade memorial on the east end of the bridge shows evidence of the deaths that have already occurred there. Installation of the traffic dividers should start in mid-June.

Long-Term Plans:
In the long-term, Jacksboro Highway will become a large, raised, divided highway (like an Interstate). As anyone who drives the highway knows, much of the work has already been completed past the Fort Worth city limits. In the future, a large "mix master" will be built where Jacksboro Highway crosses I-820. A new bridge will be built just north of the current Lake Worth bridge. The current bridge will then be used for carrying access road traffic across the lake. Currently, there is no schedule or budget to complete this work.

To see the long-term plan in more detail, click the image below.

Love Circle Park - Recommendations















(Click image to see larger picture.)

Overall Park Improvement Objective:
Maximize Love Circle Park's potential value to the City of Fort Worth as well as the local community.

Specific Objectives:
  • Build on park's proximity to the Fort Worth Nature Center and Lake Worth.
  • Restore park to a more natural state.
  • Make park more useful to community's recreational and physical fitness needs.
  • Create a plan that complements The Lake Worth Vision effort.
  • Create a plan that coordinates with the values and goals of the Fort Worth Nature Center.
  • Look for design features that enhance the safety of park users and the neighborhood.

Specific Proposals:

1) Finish park cleanup.
Undoubtedly, Love Circle Park is in much better condition today than just a few months ago. The park has been cleared of the terrible garbage, abandoned structures, and large piles of dirt left by the previous tenant. However, there still remains a tremendous amount of cleanup. Many trees in the "mowed area" are covered with vines and surrounded by brush. These "brush islands" make it impossible for mowers to get under trees and for park users to enjoy the trees' shade. Moreover, these dense brush globs attract people who want to misuse the park. For example, neighbors recently found a man in one of these clumps "huffing" spray paint.
  • Raise tree canopy in mowed area (so mowers can reach under trees).
  • Remove vines and brush from under trees.
  • Remove unsightly fencing in and around park and smooth for mowing.
2) Preserve and increase tree canopy coverage.
While a "diamond in the rough," Love Circle Park already enjoys a significant amount of natural habitat and lush tree canopy. The plan would build on these assets by preserving the existing canopy and planting more trees.
  • Leave dense vegetation on east end of park for animals and as a buffer to Jacksboro Highway.
  • Plant 50+ new trees to reforest damaged area.
3) Build professional grade jogging trail in park with connections to existing and forthcoming park assets.
Currently, neighbors and citizens from around the area daily converge on Love Circle to walk around the park. The plan would build on this community need for a walking and jogging area by including a scenic course. Moreover, this track would provide a connection to new and existing recreational assets such as Casino Beach and the Fort Worth Nature Center.
  • Plan for under-bridge connection to Casino Beach (when redeveloped) and Trinity Bike Trails (when installed).
  • Connect to new pedestrian entrance to Fort Worth Nature Center.
4) Enhance Park and Neighborhood Safety.
In its abandoned and neglected state, Love Circle Park and some of the adjacent land has been a magnet for crime and misuse. Vagrants have been found living in the dense brush clumps. Sexual and drug offenders have been found parked on the abandoned roadbeds. Drive by theft continues to occur on a regular basis. While no plan can completely eliminate crime, measures can be taken to reduce the area's attractiveness for misbehavior.
  • Remove old unused and unnecessary roadbeds.
  • Install new parking lot.
  • Install traffic control around park (e.g. cabling).
  • Secure TXDOT property on west end of Jacksboro Highway bridge with traffic control measures.
  • Reduce potential crime by reducing traffic from Jacksboro Highway.
    • Turn the east end of Love Circle into a cul-de-sac.
    • Post signs at west end that Love Circle is "Not a Thru Street."

8801 Watercress - What Is This?

Neighbors have noticed some unusual constructions at 8801 Watercress. It does not appear to be residential construction. On a regular sized residential lot, twelve stubs for water and electric have been placed around the perimeter and surrounded by a tall fence. Moreover, many trenches have been dug from around the property to the existing septic tank aparently for several drains. When workers were asked what the contruction was for, they were evasive and would not answer.

Neighbors within the Scenic Shores Neighborhood Association fear that the construction represents something other than legitimate residential construction.



Eating Fish From Lake Worth

There is a lot of misinformation about whether or not you should eat fish from Lake Worth. The truth is this. In 2000, the Texas Department of State Health Services (DSHS) issued a fish advisory stating that people should not eat the fish at Lake Worth due to PCB contamination.

On November 15, 2010, the DSHS issued a new report showing improvement in fish quality. Four of seven species studied showed improvement:

“DSHS tested tissue samples from seven species of fish as part of a re-evaluation of the lake.

Analysis found levels of PCBs in blue catfish and smallmouth buffalo that exceed DSHS standards, indicating that consumption of those fish pose a risk to human health. The combination of PCBs, aldrin and dieldrin found in channel catfish also pose a risk to human health.

DSHS did not find elevated levels of contaminants in samples of common carp, freshwater drum, largemouth bass or white crappie collected from Lake Worth.”

I have listed the old and new studies below:
(Be sure to disable your popup blocker.)
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New Study and Advisory Documents (2010):

Characterization of Potential Adverse Health Effects Associated
with Consuming Fish from Lake Worth
- This is the full report describing the study and the resulting advisory.

FAQ’s Associated with the Lake Worth Fish Consumption Advisory - This is a quick set of Frequently Asked Questions regarding report.

Advisory Summary - This is a one page bullet point summary of the advisory.

Texas Department of State Health Services
Fish and Shellfish Consumption Advisory
- This is a one page editorial summary of the advisory.

DSHS Issues Fish Advisory for Lake Worth - This is a one page press release of the study.

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Old Advisory Documents (2000):
Texas Department of Health - Study of Fish Quality
Texas Commission on Environmental Quality - Study and Plan for PCB Reduction
Texas Parks and Wildlife - Fish Eating Advisory

Home Security Tips

The following guidelines should be used in reviewing your residential security.

  • Lock up portable valuables (tools, etc.). Don't leave portable valuables visible from street.
  • Put up "No Soliciting" signs.
  • Install motion detecting lights in approapriate places.
  • Appropriately secure firearms.
  • If using a firearm is part of your defensive plan, be proficient in it use (i.e. practice).
  • All entrances, including service doors and gates, should have quality locks--preferably deadbolt.
  • Don't leave keys "hidden" outside the home. Leave an extra key with a trusted neighbor or colleague.
  • Keep doors locked even when you or family members are at home.
  • Have window locks installed on all windows. Use them.
  • Lock louvered windows--especially on the ground floor.
  • Have locks installed on your fuse boxes and external power sources.
  • If you have window grilles and bars, review fire safety.
  • Don't block bedroom windows with permanent grilles if the windows may be used for emergency egress.
  • If you have burglar or intrusion alarms, check and use them.
  • Keep at least one fire extinguisher on each floor, and be sure to keep one in the kitchen. Show family members and household help how to use them.
  • Periodically check smoke detectors and replace batteries when necessary.
  • Keep flashlights in several areas in the house. Check the batteries often, especially if you have children in your home. (They love to play with flashlights!)
  • A family dog can be a deterrent to criminals. But remember, even the best watch-dog can be controlled by food or poison.
  • Do not install separate "doggy doors" or entrances. They also can admit small intruders.
  • Know your neighbors. Develop a rapport with them and offer to keep an eye on each other's homes, especially during trips.
  • If you observe any unusual activity, report it immediately to the police.
  • While at home, you and your family should rehearse safety drills and be aware of procedures to escape danger and get help.
  • Educate family members and domestic help in the proper way to answer the telephone at home.

Home Security While You Are Away

  • Notify your trusted neighbors and/or family members of your departure and return dates but don't otherwise publicize your travel or vacation plans.
  • Leave contact numbers with them.
  • Arrange to have a friend or colleague pick up your newspapers, mail, or other deliveries daily.
  • Secure your home. Close and lock all windows and doors. Don't forget to lock garage or gate doors.
  • Consider purchasing timers to turn on outside and inside lights automatically at various times throughout the night.
  • Check outside lighting and replace older light bulbs. You don't want a light burning out while you are away.
  • Ask a friend or colleague to check your residence periodically, ensuring your furnace or air conditioning is functioning and that timers and lights are working.
  • Unplug all unnecessary appliances such as televisions, stereos, and personal computers.
  • Mow your lawn just before leaving; make arrangements to have someone mow it again if you will be gone for an extended period of time. Also arrange for watering, if that is likely to be needed.
  • If possible, ask a neighbor to park a car in your driveway (if you are taking yours).
  • Lock all jewelry, important papers, currency, and other valuable portables in a safe place such as a safe deposit box or home safe.
  • Ensure all personal and home insurance policies are up-to-date and that your coverage is adequate.

Strange Boat on Lake Signals Dredging On The Way - February 9, 2009













February 9, 2009

I received the following question from a neighbor:

"For a couple of days last week there was a large cabin enclosed potoon boat in the vacinity from Goat Island to Camp Joy. The boat had a dingy. The boat stayed out there from early morning until late evening. There was a small remote control boat (or board) with a yellow sail in the middle of it. The large boat would sit in the middle of the lake and apparently controled the small remote boat. The remote boat would travel methodically slowly in circles around the cove, sometimes close to the shores and around the dock. There were 2 people in the boat. We guessed they may be sampling water or measuring depth - Do you knew what this activity was?"

Answer: It is a crew performing a "bathymetric survey." In essence, this survey will map the entire topography of the lake bottom. This information will allow the Water Department to keep costs down when getting bids on the dredge as well as to specifically identify the problem areas in the lake.

Another neighbor took the pictures above.