(a)

The township after extensive deliberations, discussions and public hearings has recognized and concluded that the use of water resources situated within the township must be considered within the framework of the township's long term costs and benefits. Further, the township has concluded that it is desirable to retain and maintain the physical, cultural, and aesthetic characteristics of lakes within the township.

(b)

Pursuant to its deliberations, discussions and hearings, the township has concluded that a lack of regulation regarding the density of boats and docks on inland lakes within the township has resulted in a nuisance condition and an impairment of irreplaceable natural resources of the township. Further, the lack of regulation is resulting in the destruction of property values and constitutes a threat to the public health, safety and welfare of all persons utilizing the lakes within the township and occupying properties adjacent to the lakes within the township. Consequently, the township desires to adopt reasonable regulations regarding boat and dock density to protect the public health, safety, welfare, and the irreplaceable natural resources of the township.

(Ord. No. 65, § 1(14A.01), 11-10-1993)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Anchored rafts means all types of nonpowered rafts used for recreational purposes which are anchored seasonally on inland waters of this township.

Dock or docking means the mooring of a vessel directly to a pier, which is a platform or other permanent or seasonal fixture extending from the shore, and directly accessible to a separate frontage; and also means the regular anchoring of a vessel adjacent to a separate frontage.

Inland waters of this township means Goshorn Lake, Kelly Lake (also known as Tibbie Lake) and Gilligan Lake (also known as Hulst Lake).

Launch means the entry of a vessel into the inland waters of this township, but not including the entry of a vessel into the inland waters of this township from a public launch area approved or designated by the Michigan department of natural resources and environment.

Separate frontage means that portion of a lot or parcel of land existing on documentation recorded with the Allegan County Register of Deeds, which abuts or intersects with the high-water mark of inland waters of this township, whether such lot or parcel is owned by one or more persons. The length of a separate frontage shall be measured along the water's edge at the high-water mark of the lake. The measurement shall be made along a natural shoreline and shall not include any manmade channels, lagoons, canals or the like.

Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water including individual watercraft such as a kayak, paddleboat or jet ski.

Vessel census means the inventory of all vessels owned by current owners of record of each separate frontage.

(Ord. No. 65, § 1(14A.02), 11-10-1993; Ord. No. 105, § 25, 5-12-1999)

(a)

Subject only to the provisions of this section, not more than one vessel shall be launched from and/or docked adjacent to each separate frontage at any one time. However, the limitation on docking shall not apply to vessels registered with the township during the vessel census.

(b)

If the continuous length of a separate frontage is greater than 150 feet, one additional vessel may be launched and/or docked for each 100 feet of continuous frontage in excess of the initial 150 feet.

(c)

Following the effective date of the ordinance from which this article is derived, no launching and/or docking shall be permitted with respect to a separate frontage of less than 100 feet. However, this provision shall not apply to lots or parcels constituting a legal building site recorded with the county register of deeds prior to the effective date of the ordinance amendment adding this article (i.e., November 16, 1993).

(d)

Owners of vessels registered with the township during the vessel census may replace registered vessels with other vessels of the same length, propulsion means, horsepower, style or type (i.e., sailboat, powerboat, canoe, etc.) and overall size so long as they remain owners of record of separate frontage. This provision shall not be construed to allow an owner of record at the time of the vessel census to increase the number of vessels exempted from the docking limitation in subsection (a) of this section beyond that number of vessels originally registered with the township by that owner during the vessel census. To constitute a vessel replacement within this provision, the new vessel must be acquired within 30 days of the sale or other disposition of the vessel originally registered with the township through the vessel census.

(Ord. No. 65, § 1(14A.03), 11-10-1993)

(a)

Subject to the provisions below, any seasonal dock extending from the shore shall not extend further than 40 feet into inland waters of the township.

(b)

Subject to the provisions below, prior to the construction or installation of any permanent dock subsequent to the effective date of the ordinance amendment adding this article (i.e., November 16, 1993), the owner of the separate frontage from which the proposed permanent dock would extend must submit the plans for the proposed permanent dock to the township and receive township authorization to construct or install the proposed permanent dock. Authorization will be withheld if the proposed permanent dock extends more than 40 feet from shore or is to extend from a separate frontage of less than 100 feet. (A permanent dock may be authorized to extend from a separate frontage which is less than 100 feet if the separate frontage is a lot or parcel constituting a legal building site recorded with the county register of deeds prior to the effective date of the ordinance amendment adding this article.)

(c)

For the purposes of computing the length of a dock, the measurement shall be from the high-water mark of the inland waters.

(d)

Docks in a place prior to the effective date of the ordinance amendment adding this article (i.e., November 16, 1993) shall be allowed to remain even if the length exceeds 40 feet.

(e)

No dock shall be used as a marina, as that term is defined in section 30101 of Public Act No. 451 of 1994 (MCL 324.30101).

(f)

Anchored rafts shall not be used for vessel docking, launching or mooring purposes.

(Ord. No. 65, § 1(14A.04), 11-10-1993; Ord. No. 105, § 26, 5-12-1999)

(a)

The township shall promptly appoint a township official or employee to survey the current owners of record of each separate frontage to conduct the vessel census.

(b)

When contacted by the township, each owner of record of a separate frontage shall submit a list of all vessels currently owned by that owner of record. This list shall include all vessel identifying information requested by the township. If the owner fails to respond to the township in a timely manner, the owner shall not benefit from the protection accorded to vessels included in the vessel census.

(Ord. No. 65, § 1(14A.05), 11-10-1993)