LAKE WESAUKING ASSOCIATION RULES AND REGULATIONS 9/15/93

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Harold Spencer
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1 LAKE WESAUKING ASSOCIATION RULES AND REGULATIONS 9/15/93 The following shall constitute the Rules and Regulations for the Lake Wesauking Association as duly adopted by the membership and the Board of Directors of the Association: 1. Members of the Association will be held responsible for the conduct of their guests and tenants and their due observance of all rules and regulations. 2. Construction silt, pesticides, herbicides, paint, petroleum products, or any other contaminant shall not be discharged into the Lake. 3. Members are responsible for disposing of garbage and trash in a proper manner, using animal-proof containers. 4. Domestic animals shall be kept under control at all times and shall not be allowed to cause damage to property or to Lake Wesauking or to annoy members, their families, or their guests. The clean-up of pet excrement is the responsibility of the pet s owner. 5. The following regulations shall apply to boats: a. Power-driven boats or other power-driven flotation devices shall not be allowed on the Lake. Only canoes, rowboats, paddleboats, and sailboats of reasonable size shall be permitted on the Lake. b. No houseboats shall be allowed on the Lake, whether powered or docked. c. Boats must be securely anchored or tied so as not to encroach over the imaginary sideline boundaries of member s property as extended into the Lake. d. Anchors shall not be placed more than thirty (30) feet from the high-water mark, and only one boat shall be anchored for each property. e. Only boats belonging to Association members shall be allowed on the Lake. 6. The following special regulations shall be observed with regard to fishing and hunting: a. Any guest visiting Lake Wesauking for the purpose of hunting or fishing shall park at the property of the member being visited. LWA Rules and Regulations Page 1of 5 September 15, 1993

2 b. Guest fishing may use only the boat of the member being visited. c. From time to time, fishing conservation guidelines will be established by the Board of Directors. No species of fish shall be introduced into the Lake via bait fish or other unauthorized stocking. Members will abide by such guidelines and will make such rules known to the guests they invite. d. No motor-powered augers shall be permitted during ice fishing season. 7. There shall be no commercial use made of Lake Wesauking and its waters by any individual, partnership, corporation, cooperative, or other entity. Cottage rental is not considered commercial use. 8. In the event that any commercial venture is successfully established on any properties adjacent to or in the vicinity of Lake Wesauking, the patrons, clientele, and/or customers of such commercial ventures shall not be entitled to the privilege of the use of the Lake or its waters, including, but not limited to, swimming, boating, and fishing. This restriction shall be deemed to include an individual corporation, partnership, cooperative, or other form of organization or enterprise. 9. The owners/occupants of any dwelling house located and/or constructed on property adjacent to or abutting on either side of the road around Lake Wesauking shall be entitled to the privileges of the use of the said Lake and its waters, including, but not limited to, swimming, boating, and fishing, so long as such owners/occupants shall be members in good standing of the Association and so long as said real estate upon which the dwelling house is constructed shall include as part of a single lot exclusive title to at least forty (40) feet of frontage on said Lake. Said area of Lake frontage shall be contiguous with and immediately adjacent to the portion of the lot upon which the dwelling house is constructed, discounting the road around the Lake, which may run through the tract. Any member owning more than forty (40) feet of lake frontage who attempts to divide his property with the result that less than forty (40) feet of Lake frontage is retained by said member, shall cause such member to lose all the rights and privileges of membership and in particular the rights and privileges of use of the Lake and its waters. The conveyance of forty (40) feet or more of Lake frontage not a part of or contiguous with a building lot meeting the requirements of Wysox Township and Bradford County shall not result in the granting of Lake rights or the rights and privileges of membership to said purchasers/grantees. 10. Docks shall be permitted on a member s Lake frontage subject to the following restrictions which shall apply to all new and replacement docks: a. Docks shall be limited to one for each forty (40) feet of Lake frontage. LWA Rules and Regulations Page 2of 5 September 15, 1993

3 b. Docks shall not extend into the Lake more than twenty (20) feet from the high-water mark of the Lake, nor exceed two hundred forty (240) square feet in area, nor shall the base of the dock be any higher than twenty-four (24) inches above the high-water level of the Lake. Docks shall not exceed half the water frontage in width and not be built closer than ten (10) feet from the property line. c. No permanent portion of any dock shall extend higher than twentyfour (24) inches from the base of the dock, so as not to obscure their neighbor s visibility. d. Docks should be cantilevered over the bed of the Lake whenever it is reasonably possible; however, when docks are not so constructed, piers necessary to support such docks shall not be sunk into the bed of the Lake more than ten (10) feet beyond the high-water mark of the Lake and shall be cantilevered beyond this point. e. Supporting structures for docks shall not be solid rock, concrete, or other material under the entire dock surface of the dock such that the flow of water under the dock would be prevented or impeded. f. Any member desiring to construct a new or replacement dock shall submit an application for approval along with detailed construction plans, including location of the dock, to the Board of Directors, who shall review said application and plans and render a written decision to said member within a reasonable time, not greater than fourteen (14) days from the date of the Board s receipt of the application. Any member desiring to appeal a decision of the Board shall have the right to do so by submitting the issue to the membership at the next annual meeting. An affirmative vote of the two-thirds (2/3) of the members present shall then be necessary to override the decision of the Board. 11. Floats may be placed at a member s property in conformance with the following regulations: a. Floats shall not exceed sixty-four (64) square feet in surface or rise more than fourteen (14) inches above the water line. b. Floats must be securely anchored not more than thirty-five (35) feet from the high-water mark and no less than ten (10) feet from the imaginary boundary line of a member s property extended into the Lake, to be determined by extending a member s side boundaries in a straight line directly into the Lake (i.e., floats must be located and remain in front of a member s property). c. Only one (1) float shall be allowed for each property. LWA Rules and Regulations Page 3of 5 September 15, 1993

4 12. No motorized vehicles, including snowmobiles and all-terrain vehicles, shall be permitted on the ice when the Lake is frozen. 13. No boathouses, bathhouses, storage houses, pump houses, or other structures shall be built into the bed of the Lake or so as to extend over the bed of the Lake beyond the high-water mark of the Lake. 14. With regard to the taking of water from Lake Wesauking for personal use, the following rules and regulations shall apply: a. Only members of the Lake Wesauking Association shall be permitted to draw water from the Lake. b. Water may be drawn from the Lake only for domestic purposes and only for the single-family dwellings of the members of the Association located on either side of the road around Lake Wesauking. c. No member shall have the right to grant, sell, or give water from the Lake to any non-member for use on any property or dwelling that is not abutting on either side of the road around the Lake and which property is not otherwise entitled to the use of the water. d. Any member desiring to pump water from the Lake shall submit an application for approval along with detailed plans for construction and location of the pipe and pump house to the Board of Directors, who shall review said application and plans and render a written decision to said member within a reasonable time, not greater than thirty (30) days from the date of the Board s receipt of the application. Any member desiring to appeal such decision of the Board shall have the right to do so by submitting the issue to the membership at the next annual meeting. An affirmative vote of two-thirds (2/3) of the members present shall then be necessary to override the decision of the Board. 15. No part of the bed of the Lake, including vegetation, from the high-water mark and extending into the Lake shall be disturbed without first submitting a written request with detailed plans to the Board of Directors who shall review the request and render a written decision to said member within a reasonable time, not greater than thirty (30) days from the date of the Board s receipt of the application. Any member desiring to appeal such decision of the Board shall have the right to do so by submitting the issue to the membership at the next annual meeting. An affirmative vote of two-thirds (2/3) of the members present shall then be necessary to override the decision of the Board. 16. All rights and privileges related to the use of Lake Wesauking and its waters, such as, but not limited to, the use of the water, swimming, boating, fishing, and ice skating, are permissive at the discretion of the Lake Wesauking Association, derive solely from the Association, and shall be limited to members in good standing of the Association and their household members, and no member of the Association, or property owner not a LWA Rules and Regulations Page 4of 5 September 15, 1993

5 member, shall have the right to grant or confer any such rights and privileges upon any individual, partnership, corporation, cooperative, or other form of organization or enterprise. 17. With regard to any privileges conferred or inferred by the within the Rules and Regulations, it is understood that the term members refers to members in good standing only. Individuals who are not members in good standing shall not be entitled to the privileges but shall be bound by the obligations set forth herein. 18. Any persons whose prior usage of the waters of Lake Wesauking is jeopardized or terminated on the basis of the within Rules and Regulations, and who will therefore incur an undue hardship as a result of the implementation of the within Rules and Regulations, shall have the right to seek a special use exception from the Board of Directors, with approval of such special use of exception not to be unreasonably withheld. Such application for a special use exception shall be in writing and shall set forth the Rule(s) or Regulation(s) which will cause such undue hardship. The Board will respond within a reasonable period of time, not more than thirty (30) days from the date of submission of the application. No special use exception shall be approved for any persons who are not members in good standing of the Lake Wesauking Association. Persons not otherwise qualified for membership in the Association, but who are granted a special use exception, shall be entitled to, and shall be required to, become members of the Association, and such special use exception shall not become effective until such persons become members in accordance with the By-laws and pay to the Association all dues and assessments applicable at the time. 19. These Rules and Regulations may be amended at any annual meeting of the membership, for which prior notice is given, by an affirmative vote of two-thirds (2/3) of all members present or represented by proxy and eligible to vote. LWA Rules and Regulations Page 5of 5 September 15, 1993

1. DEFINITIONS OF TERMS AS USED HEREIN:

1. DEFINITIONS OF TERMS AS USED HEREIN: SEC. 162 DOCKS, SWIM FLOATS, BOAT LIFTS, WALKWAYS, PERSONAL WATERCRAFT LIFT/FLOATS, MOORING BUOYS AND MARKERS AT PUBLIC BODIES OF WATER WITHIN THE TOWN OF WINCHESTER. Be it ordained by the Board of Selectmen