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REGULATIONS GOVERNING STRUCTURES IN LAGOONS

LAGOONS

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The many lagoons are a unique feature of Loveladies Harbor.

Almost every home has water at its doorstep.

REGULATIONS - INTRODUCTION AND PURPOSE

These regulations govern the shape, size and location of docks, boat lifts, floating docks, bulkheads and pilings built into the lagoons owned by Loveladies Harbor Organization and the related maintenance, operation and use of such structures. The regulations incorporate existing restrictions in each homeowner's deed to their property abutting the lagoons that concern lagoons and expand those deed restrictions to address new uses such as boat lifts.

The regulations were formally adopted at a joint session of the Officers and the Trustees of Loveladies Harbor Organization at their May, 2003 meeting. The regulations are intended to ensure the continuing viability of the Harbor as a boating community with functioning lagoons that are not encroached with excessively large structures built into the lagoons. Any hardships caused by these new regulations should be brought to the attention of Loveladies Harbor Organization for possible modification of the regulations or the granting of a variance from a specific regulation to address specific hardships caused by the regulations.

REGULATIONS CONCERNING STRUCTURES in LAGOONS in LOVELADIES HARBOR

1. Docks and associated pilings must not extend into a lagoon further than 5 feet past the adjacent property line. For example, if the bulkhead is one foot back from the property line, the dock can extend 6 feet from the bulkhead. Conversely, if the bulkhead is one foot past the property line, the dock can only extend 4 feet past the bulkhead.

2. Boat lifts and pilings must not extend further than 15 feet past the property line. For example, if the bulkhead is one foot back from the property line, the lift can extend 16 feet from the bulkhead. Conversely, if the bulkhead is one foot past the property line, the lift can only extend 14 feet past the bulkhead.

3. Boat lifts and "stand alone" pilings must have adequate reflectors and/or lights to avoid being a hazard to navigation.

4. Boat lifts must not be located opposite another boat lift on the other side of the lagoon. This will avoid excessive narrowing of the lagoon by two boat lifts facing each other.

5. Floating docks are docks and subject to the same rules as fixed docks. Floating docks and associated pilings must not extend further than 5 feet past the property line.

6. All docks, pilings, floating docks and bulkheads built into, on or over the lagoon bottoms will be accessed an annual lease fee payable to Loveladies Harbor Organization. The annual Lease fee is waived each year that the property owner is a member of Loveladies Harbor Organization. The lease fee is equal to two times the annual membership fee for Loveladies Harbor Organization and must be paid annually by non-members of LHO.

7. An exception to the annual lease fee is granted to any structure that consists solely of a dock extending less than 5 feet from the property line into the adjacent lagoon.

8. Variances and exceptions to the REGULATIONS CONCERNING STRUCTURES IN LAGOONS of LOVELADIES HARBOR may be granted by a majority vote of the Officers and Trustees of Loveladies Harbor Organization in order to remedy any unreasonable hardships to a specific property owner in Loveladies Harbor. Requests for a variance or an exception shall be addressed to the Office of the President, Loveladies Harbor Organization.

9. At least 90 days prior to the commencement of construction or installing of any dock, boat lift, floating dock, bulkhead and/or piling into on or over a lagoon owned by Loveladies Harbor Organization, a copy of the requisite state and Long Beach Township permit application must be sent to the Office of the President, Loveladies Harbor Organization at P.O. Box 3005, Harvey Cedars, N.J. 08008.

10. LHO may require property owners to enter into a written lease in form and substance acceptable to LHO that incorporated the above regulations and annual lease fee obligations.

LEGAL AUTHORITY

There are three separate and distinct legal authorities supporting LHO's regulations.

Existing deed restrictions in the title to all properties in Loveladies Harbor concerning the lagoons; LHO owns the lagoon bottoms. The deed conveying the land that comprises the lagoon bottoms has been duly recorded and is a matter of public record. As owner of lagoon bottoms, LHO can limit and regulate how others can use its property.

All Federal, State and local permit applications must be signed by or have the consent of the owner of the property on which the permitted work will take place. LHO's consent is a necessary element of all future permit applications for activities on, in or above the lagoon bottoms. These regulations have been adopted to provide a uniform basis for granting such consent by LHO.