Pier Compliance Points
A) Owner of buildable lot in Epworth Forest.
B) Pier fees paid and off-shore proof of liability insurance.
C) On-shore pier assignments placed within their property lines.
D) No more than oneoff-shore pier per on-shore lot.
E) Off-shore 16 feet.
F) On-shore 24 feet. Note: Off-shore representative stated that historically, this has not been a concern about how on-shore uses their extra space as long as it does not block an off-shore pier assignment in any way.
G) Allow for the placement of only one pier and the docking of only one boat or other watercraft for each off-shore owner.
H) Piers must be placed at the maximum distance available on a lot owner’s shoreline, with a minimum of 2 feet distance between assignments, and shall be reasonably safe for the mooring of a boat.
I) All piers must be functional, well-maintained, with no safety issues.
J) There will be no subleasing of offshore piers.Please note that this is NOT meant to be a full and complete list of all court ordered points. These are the main items addressed when consideringpier compliance.
Please provide the details of your inquiry.
If this is a concern or dispute, do you have a proposed recommendation for the BOD?
Application for Pier Transfer
1. Please complete and return to Epworth Forest Administration Committee at PO Box 214, North Webster, IN 46555.
2. Pier Committee written approval must be obtained in advance for transfers.
Current Pier Assignment: __________
Epworth Forest Address:
For Office Use Only Pier Assignment:
Pier Violation Enforcement Policy/ Appeal Guidlines
Approved:April 5, 2017
By-law sof Epworth Forest Administration Committee Section 5 States:
The Board of Directors shall have such powers as are reasonable and necessary for the administration of the affairs of the Committee and to accomplish the performance of their duties, conferred by the Indiana Nonprofit Corporation Act or by other law and which powers include, but are not limited to, the power: (a) To adopt and publish reasonable rules and regulations governing the use and enjoyment of the Easement, the management and administration of the Committee, and as otherwise permitted in the 1994 Judgment and 2014 Order, and to establish sanctions for the infraction thereof, in each case in a manner consistent with the 1994 Judgment and 2014 Order;
Agreed Amended Contentions, March 20, 2014, Paragraph 34 h
vii. The Epworth ForestAdministration Committee will possess the authority to levy reasonable fines for violations of policies and pier assignments and to levy reasonable late fees for failure to pay pier fees,all consistent with the Court's January 21, 2014 Order;viii. The Epworth Forest Administration Committee will possess the authority to place a lien on any lot in Epworth Forest to secure payment of any assessed fee and to secure a judgment obtained against a lot owner;
Enforcement Procedure for Violations of Pier Administration Policy
1. Pier Administration Committee will attempt to contact the owner via telephone and follow up with written communication in the form of the First Notice as outlined below.
2. First Notice –Pier Administration Committee will send a (friendly) written notice to the owner which will outline the specific violation and give a seven (7) day notice to bring pier assignment back into compliance. The notice will state a re-inspection to take place after seven (7)days from date of notice. The noticewill contain no mention of fees or potential charges.
3. Pier Administration Committee will attempt to contact the owner via telephone and follow up with written communication in the form of the Second Notice as outlined below.
4. Second Notice –Pier Administration Committee will send a second written notice to the owner. The notice will outline the repeated specific violation and give a seven (7)day notice to bring pier back into compliance and detail the fee that will be assessed if pier is not brought back into compliance within the seven (7)day period. The letter will state a re-inspection to take place after seven (7)days from the date of notice.
5. Third Notice –Pier Administration Committee will send a final written notice to the owner. The notice will outline the repeated violation, detail that the violation fine below shall now be assessed and shall include payment terms and conditions.It will also state that we have repeatedly tried to work with the property owner to resolve the non-compliance issue and that if we cannot resolve the issue in the next 30 days further action may be required including legal resolution.
1. Once EFAC has notified the owner in writing tha tthe owner has a noncompliance issue, the pier owner has five (5) days to request an Appeal hearing.
2. EFAC will notify the pier owner within five (5) days of an Appeal hearing date.
3. At the Appeal hearing, the pier owner or his representative will be given fifteen (15) minutes to make an appeal.
4. After the appeal is heard, EFAC has 5 days in which to send a written decision to the pier owner.
5. Once the decision issued in writing, the EFAC decision is complete and final.
Schedule of Fees
Fee | Violation Fine
Amount | $20 per day, not to exceed $ 500.00 per month
Description | Fine amount shall be determined by the Committee and shall apply to all violations of the Pier Administration Policy
Fine Structure for Late or Non-payment of Pier Fees
Pier Administration Committee will deliver late notices 30, 60 and 90 days after due date of pier fees with details of the late charges outlined in the notice.
Schedule of Fees
Fee | Late Charge
Amount | $50.00per month
Description | Shall apply to pier assignments not paid within 30 days of due date and shall be charged for consecutive month delinquent there
Indiana Boating Laws
Following are excerpts from the June 1995 Revision of the subject Rulesand Regulations distributed by the Law Enforcement division -Department ofNatural Resources, converted to a more understandable format.Credit to Stuben County Sheriff’s office and Lake James Association for the information.
1. After July 1, 2000 all boats must be equipped with one (1) US Coastguard Approved PFD (Personal Flotation Device) for each person on board and one (1) throwable personal flotation device.
2. All motorboat operators must have a valid driver's license to operate on all public waters. Motorboat operators, who are at least age fifteen (15), and don't have a driver's license may operate if they take a boating safety course and have an I.D. issued by the Bureau of Motor Vehicles (BMV) .U.S. Coast Guard Aux., U.S. Power Squadron and any other states boater education course certification is accepted by Indiana.
3. Maximum speed with full running lights is ten (10) miles per hour between sunset and sunrise.
4. Boats towing skiers, water sleds, aquaplanes, or similar devices including tubes must have one (1) person operating the boat and one (1) watching the person(s) being towed at all times.
5. No person operating a motorboat less than twenty-one (21) feet in size,shall permit any occupant to sit, stand, or lie on the gunwales except for anchoring, mooring or casting off. (This includes feet hanging over the side of boat and pontoon.)
6. No person shall operate any boat at a rate of speed greater than what is reasonable and prudent.
7. No person operating a motorboat shall approach or pass another boat in a manner, or at a rate of speed, which creates a hazardous wake or wash.
8. A person may not operate a water craft in a manner that unnecessarily endangers the person or property of another person.
9. No person shall operate any motorboat less than two hundred (200) feet off of the shoreline except for the purpose of (a) trolling, or (b) approaching or leaving a dock, pier or shoreline of a lake.
10. A person may not operate a water craft within one hundred and fifty (150) feet of a divers flag.
11. Every motorboat on the waters of Indiana must be registered. The expiration decals, issued by the BMV are renewed every year and must be placed to the right side of and within 3 inches of the current registration numbers. Only the current decals shall be displayed. Registration must be carried on the boat at all times. (This includes out of state boats.)
12. Operating a boat while under the influence of alcohol or drugs can result in the suspension of the operators Indiana drivers license by the BMV and the operator may be given jail time.
13. No operator or passenger of any water craft can throw any kind of litter into or onto the shore of a lake.
14. All operators and passengers on Personal Water Craft shall wear a US Coastguard approved life jacket at all times.
15. Personal Water Craft must have self-circling capability or a lanyard cut-off engine switch and this switch must be attached to the operator.
16. Personal Water Craft operators shall not do the following:
a) Weave through congested water craft traffic.
b) Follow water skiers or any other equipment being towed by a water craft.
c) Jump the wake of another water craft.
d) Cut between a boat and a person or persons being towed by the boat.
e) Steer a Personal Water Craft toward an object or individual in the water.
f) Turn sharply at close range.
17. A Personal Water Craft shall not tow an individual unless the Personal Water Craft is at least ten (10) feet long and is designed to seat three (3) people.
The seats should be for (a) one operator, (b) one observer, and (c) a seat for the skier when needed.