LAKES POLICIES, RESTON ASSOCIATION
WHEREAS, Section IV.2(a) of the Reston Deed gives the Board of Directors the right to establish rules and reasonable admission and other fees for the use of the Common Area, it is RESOLVED that the following policies for lake usage be observed:
That Board policies are not intended to be in abrogation of existing legally granted, by deed or easement, recorded rights or restrictions.
1. Common area or open space, shall mean and refer to all real property and improvements thereon owned or leased by the Association for the common use and enjoyment of the Members...Reston Deed. Article I, Section I.1. (h). Common area includes lakes. natural areas. pools. tennis courts; ballfields, etc.
2. Direct access is the right of lakefront owners to enter the lake from their own property.
3. General access is the right of all RA members to enter Reston's lakes for use and enjoyment from specifically designated locations on each lake.
4. Lake (parcel) is common area that has been designated on recorded plat maps as a lake. Most, but not necessarily all of the lake (parcel) is underwater. That portion of the lake (parcel) not under water is considered dry lake bed. Each lake is a separate, individually identified parcel of real property, as listed below-
Lake Anne: Reston Section 1, Block 10; Tax #:17-2-((1))-9
Lake Thoreau: Reston Section 80, Block 9; Tax #:27-1-((9))-9
Lake Audubon: Reston Section 84, Block 5; Tax #:27-1((10))-5
Lake Newport: Reston Section 33, Block 9; Tax #:11-4-((4))-9
5. Lakefront property is property owned by an individual, cluster or condominium association, RA or other entity, that shares a common property line with a legal lake parcel.
6. Permanently moored boats are those boats on Reston's lakes that are kept in the water substantially throughout the year.
GENERAL LAKE ACCESS
It shall be the policy of the Reston Association to provide general access over Reston Association property for all lakes at designated areas, and to maintain facilities for access. Further, the access is for daily use of boats by Reston members. Daily use is defined as one-half hour before sunrise to one-half hour after sunset. Further, the boats must comply with boat guidelines as approved by the Lakes Ecology Advisory Committee.
The access points for each lake are:
· Lake Anne: Inlet Court pathway at north end of dam, subject to boating privileges on Lake Anne being granted to Reston Association from such point.
· Lake Thoreau: Pathway at intersection of South Lakes Drive and Ridge Heights Road at south end of dam by underpasses
· Lake Audubon: Lake Audubon boat ramp off Twin Branches Road
· Lake Newport: Point off pathway at northeast end of dam.
Reston Association will allow daily mooring of boats at designated areas on each lake, subject to restrictions on space availability at each mooring site.
These Privileges are not meant to be a permanent grant of rights but the Association through its Board of Directors reserves the right to amend, revise. or change from time to time as it may determine.
a. Privately owned lakefront property:
Owners of (i) privately owned lakefront property as defined under Definitions, and (ii) property which has a legally granted and recorded right of direct access to the lake from such property but which is separated from the lake by "other property" shall have the right to directly access the lake (parcel) directly behind their homes .
This use includes the right to exclusively and permanently moor boats in and on the lake directly behind their homes, subject to the rules below and all other applicable RA rules and regulations. The length of shoreline along which an owner may moor boats shall not exceed the length of the common property line(s) shared by the lake (parcel) and the owner's private property. In cases where one owner's ability to moor is impinged upon by a neighboring property's use of the shoreline, the Reston Association Board will determine the mooring allowed by both owners.
Owners of such "other property" shall not have the right to directly access the lake (parcel) from such "other Property" nor to moor boats in and on the lake directly from such "other property.”
Rules for Mooring: Privately Owned Lakefront Property ·
· Only one boat per lakefront residential unit may be permanently moored and the maximum length of shoreline that may be used to moor such. boat shall not exceed eighteen feet.
· A maximum of two boats per lakefront residential unit may be moored seasonally, April 1 through October 31
· Boats may only be moored one-deep along the shoreline, and all boats must be moored at the shoreline at an approved marine structure.
b. Cluster and condominium association lakefront property:
Clusters and condominium associations that own 1akefront property shall determine policies for use of the lakefront property consistent with relevant deeds, RA regulations and the Privately Owned Lakefront Property Policy above.
Rules for Mooring: Cluster and Condominium Association Lakefront Property:
· The total number of boats that may be permanently moored can be no more than the total number of non-lakefront units (by RA definition or legal documentation)
· No more than 50% of the available lakefront shoreline may be taken up by moored boats, seasonally or permanently
· Boats may only be moored one-deep along the shoreline, and all boats must be moored at the shoreline at an approved marine structure
· Special requests for variance from rules will be reviewed by the RA Board of Directors on a case by case basis
c. Boat Condition
Any boat kept in the water on Reston's lakes must be maintained according to the Standards and Guidelines as appended hereto, and in sound. floating condition.
If determined by the Association that a boat creates a safety or health hazard. due to care or lack of maintenance, the Association shall, in writing, mailed to the address of record, notify the owner of the boat that the boat creates such a hazard and describe to the owner on what basis that determination was made, and request the owner correct the problem within 60 days.
If the owner fails to correct the condition and hazard within the 60 day time frame, the Association may shall, in writing, mailed to the address of record. by regular and certified mail, return receipt requested, notify the owner that the owner must remove the boat. at the owner's expense within 10days or the Association may remove the boat. or cause the boat to be removed and that the costs of RA removing the boat shall be assessed against the owner.
A statement showing the amount due shall be sent to the owner with a due date of 30 days. A reminder notice Shall be sent within 30 days after such due date. The "Delinquency Procedure" provisions of Resolution IV.4 shall apply to such amounts.
· Except for emergencies or Association-authorized maintenance, no boats greater than eighteen feet in overall length and no boats powered by internal combustion engines shall be allowed on the lakes …Reston Deed, Article VI. Section VI.2(c), and boats constructed locally shall comply with the guidelines set up by the Lakes Ecology Advisory Committee. Further; the Lake Newport policy as currently stated should not be abridged.
· Boats permitted on Reston's lakes may be either purchased commercially or constructed locally. All boats, not just those constructed locally, should comply with the guidelines and standards which would be proposed by the Lakes Ecology Committee and approved by the Board as appended hereto.
No boat or vessel on Reston’s lakes shall be powered by more than one permitted (electric) motor, and the maximum allowable horsepower, per boat or vessel is 3 (three.)
Sailboards and windsurfers are permitted on Reston lakes.
Boats used at general access points and permanently moored boats must display a current registration decal issued by the Association. A decal will be issued only to boats that are registered and comply with the Association's design and safety requirements, maintenance standards and construction guidelines, and in the case of permanently moored boats. a decal fee based upon footage (length multiplied by width of the boat) having been paid.
Decals are issued for an initial one year period and are not transferable from one owner to another or from one boat to another.
The decal fee to be determined is intended to recover the direct costs of registration. monitoring, inspections and derelict boats.
DECK BOAT CONS1'RUCTION GUIDELINES
All deck boats MUST be screwed or bolted. not nailed together.
Boat material and fasteners MUST be of non-corrosive materials (galvanized, aluminum, plastic; zinc, stainless steel, or nylon).
All wood to be decay, rot, insect resistant or pressure treated to minimum 0.4 lb./cu.ft.
All wood MUST be cut and sealed ON LAND, prior to building on the lake or launching.
NOTE; All wood preservative finishes and sealers will pollute the lake.
Float material MUST be coated and/or encased to prevent its deterioration.
NOTE: All expanded polystyrene float material is hydroscopic. That means it will absorb water and will eventually deteriorate and sink, even when coated with latex paint. Depending on the density and thickness, the polystyrene generally must be replaced within five to ten years.
Expanded polystyrene, although a reasonably priced and widely used float material, will deteriorate when exposed to sunlight or to any petroleum-based product such as all non-water based paint, polyurethane, enamel, oil. gasoline, deck sealer, etc. The coating can be latex gloss paint. aluminum, polyethylene (the rigid plastic surface material on manufactured floats), or other encapsulating material.
Polystyrene foam should be painted on all sides with two coats of gloss latex paint to help produce a harder surface.
Deck boars must be designed to prevent polystyrene foam from coming in contact with lake bottom, retaining walls; stone riprap, or anything that will break apart the float.
Deck boats must be designed to support the weight of the boat itself, the weight of all the passengers. plus all the toys people put on their boats, e.g., tables, chairs, coolers, canopies, benches, batteries, motors, etc.
Deck boats should have at least 7 cu.ft. of float material for each 10 sq.ft. of deck surface, thus a 10x14 ft. deck boat must have approximately 96 cu.ft. of expanded polystyrene or four pieces of foam 4'x6'x1' thick.
DESIGN AND SAFETY REQUIREMENTS
(Mandatory; apply to all boats)
No boats powered by internal combustion engines shall be allowed on the lakes.
All pontoon, deck boats and motor-powered boats used after dark shall have running lights, including red and green port and starboard lights.
All boats shall have a U.S. Coast Guard approved life vest for each passenger.
Boats shall have a maximum of one level.
Boats shall be no longer than 18' and no wider than 10'.
Maximum horsepower for electric motors shall be 3 hp.
No boat shall have more than one motor operating at any time.
MAINTENANCE STANDARDS - ALL BOATS
(Inspection/regulation to be complaint driven)
All deteriorating float material shall be replaced and removed from the lakes.
All warped, splintering, or rotting deck or structural material shall be replaced and removed from the lake.
Deck boats are to float level and flat, when moving through the water, when anchored, or when docked
Entire deck surface shall be above water line under all loading conditions.
All material fastened to or resting on a boat shall be in good repair--not discolored, rusted, or in deteriorated condition.
Batteries shall be attached to the deck or set into holders to prevent sliding off boat.