Building Code (Rev. 3/11)
LAKE MOHAWK PROPERTY OWNERS ASSOCIATION
I. Building Code
NOTE: Effective March 23, 2011, any new construction and/or remodeling of an existing home or structure must conform to our revised building code. The L.M.P.O.A. has adopted the most current version of the Residential Code of Ohio as the basis for our guidelines. The attached supplement contains information either unique to our community and/or not covered in the Residential Code of Ohio.
A. Restrictions
NOTE: All foundations and structural plans for any building, and structural modifications or
additions of any kind are subject to the prior approval of L.M.P.O.A., Inc. or its assignee. All
drawings for any construction of housing or associated structures requiring approved drawings
must be approved by L.M.P.O.A.; any additions or deletions to original drawings must also be
approved by submitting amended drawings indicating such change. Under no circumstances shall
there be a duplicate set of drawings used on site which do not have appropriate signature(s),
stamps, and approvals noted on the drawings.
1. All site preparation must be approved by the Board of Directors or designated
representative. Site preparation includes tree removal and any changes in the contour of any L.M.P.O.A. lot.
2. All new construction is required to have access to sanitary sewer facilities up to and
Including port-a-johns. All facilities (i.e. port-a-johns must be placed out of public sight and removed upon completion of construction.
3. Road Weight Limits: The maximum GVW (load and vehicle weight) at all times is
55,000 pounds.
a. WINTER ROAD MORATORIUM
Vehicle Weight Limits From December 1st to May 1st
**Gross Vehicle Weight (GVW) Limits (vehicle & Load) are as follows:
-*Tandem Axle Dual Wheel Truck * 40,000 lbs. Maximum GVW
-*Single Axle Dual Wheel Truck * 24,000 lbs. Maximum GVW
-*Tandem Axle Dual Wheel w/ Trailer * 40,000 lbs. Maximum GVW
**Verification of load weight will be required during the winter road moratorium months by tendering a weight slip signed by a certified weigh station each time the vehicle enters the community. At any time, the Association can request verification of the vehicle weight.
**The winter road moratorium months shall be defined as the period December 1st to May 1st, or at the discretion of the Board of Directors.
**A list of local scales for providing the certified weight slip is available at the Lake Office.
*Maximum Gross Vehicle Weight (GVW) from May 1st through December 1st is 55,000 lbs. (vehicle & load).
b. Any new construction or remodeling occurring during the months of November,
December, January, February, March or April shall subject the property owner to an assessment for impact fees, as determined by the L.M.P.O.A., Inc. based upon the potential deterioration caused to association roads by the use of heavy equipment to and from the construction site.
4. Lake Front Development
a. No residence shall have less than 900 square feet of living space on the ground
floor or first floor, exclusive of porch area.
b. No porch or projection of any building or structure exceeding a height of 2 feet
from ground level shall extend within 50 feet from the normal high water line of Lake Mohawk.
c. Docks are not to extend further than 30 feet from the shore. (Normal high water
line)
d. A silt barrier is to be erected between the Lake front and the building prior to
excavating until 4e., below, has been completed.
e. Bare ground must be seeded within 30 days of building completion or permit
expiration or within 30 days of the start of growing season; whichever occurs first.
f. It is required that an approved specification seawall be constructed on all waterfront property (developed or undeveloped).
1. All replacement seawalls must meet approved specifications as if under new construction (see required Seawall Specification options located at the back of this code booklet).
2. All seawalls will be required to front the lake with stone (rip rap or similar stone) sloping into the water to reduce wave action (existing seawalls will be grandfathered until repair or replacement occurs).
g. Downspouts shall run continuous and exit into the lake.
h. No sand beaches are permitted.
5. Other than Lake Front Development
a. No residence shall have less than 720 square feet of living space on the ground
floor or first floor, exclusive of porch areas.
b. A silt barrier is to be erected between the roadside and the building prior to
excavation until 5c. below has been completed.
c. Bare ground must be seeded within 30 days of building completion or permit
expiration or within 30 days of the start of growing season; whichever occurs first.
d. All downspouts shall run continuous and exit into the roadside ditch.
6. All Structures
a. No porch or projection of any building shall extend nearer than 30 feet from any
road right of way, nor nearer than 10 feet from the property line of any abutting property owner.
b. The contour or elevation of the property may not be changed in a manner which
distinguishes it from adjacent property.
c. Any new residence or remodeling must be positioned on the property in accordance with the formula noted in Exhibit A (Exhibit A is located at the back of this document). If a residence only exists adjoining one side and the other adjoining lot is undeveloped, the 50 feet from shore rule stated in the Association Warranty Deed will be applied to the undeveloped lot. If neither lot is developed, only the Warranty Deed restrictions will apply.
d. To enable the L.M.P.O.A. to inspect the property, all lots must be identified by a
sign indicating the lot number for preliminary inspections.
e. Once issued, all building permits must be posted in a spot visible from the road.
f. All new residences must be connected to the BTM Sewer District, or its
assignee.
g. All driveways that have a drainage at the end of a drive are required to have an
open grate and trench type culvert so water does not cross road towards other properties.
h. Retaining walls added to any property must be 4 feet off the property line.
i. Prior to any new construction of a permanent structure on the property, a certified surveyor must survey the property to determine the exact dimensions of the property.
j. All outdoor wood burning furnaces and/or heat sources are banned from installation and use within the Lake Mohawk community. This rule excludes the use of a fireplace insert.
7. Variations to road front for ingress and/or egress for parking purposes must have
L.M.P.O.A. approval.
NOTE: Failure to comply with this Building Code, Regulations and Restrictions is covered by the Rules and Regulations and Constitution of Lake Mohawk P.O.A., Inc.
B. Variance Committee. Variances may not be granted against warranty deed restrictions.
1. All variances submitted will cost $75.00, regardless of the decision reached. Fees will go
directly into the general fund.
2. A variance committee, comprised of 3 to 5 members in good standing appointed by the
Board of Directors, and chaired by the appointed Director, shall review all requests for variances.
3. The Chairman will oversee the variance committee.
4. All variance requests must be submitted in writing to the committee, the nature of the
request and the rationale for the variance. Contiguous or affected property owners will
be notified of a meeting held by the variance committee. If required, an additional
meeting with the Board of Directors may be requested.
5. They shall recommend a decision to the Board of Directors on each variance requested
within 30 days from the submission of a completed variance request.
6. All variances will be acted upon during the regular session of the monthly Board meeting.
7. Guidelines for submitting a Variance Request must be in writing with detail outlining the justification for the variance.
8. Construction must commence within 1 year on all approved variance requests. If
construction does not occur within 1 year from the date of the variance approval, a new variance must be requested.
C. Permits and Fees
1. Once each year contractors will provide L.M.P.O.A. with the following before authorization to work at L.M.P.O.A. is authorized: $5,000 license bond; workers compensation certificate; proof of $500,000 liability insurance; a list of all employees. When the contractor of record is the land owner “Self Builder,” a copy of a property owner’s insurance policy meeting the $500,000 liability is required. Note: Contractors and Self Builders utilizing sub-contractors are responsible for insuring the sub-contractor meets all bonding, liability, Worker’s Compensation, and requirements requested by the L.M.P.O.A.
a. Approved Contractors: Each contractor must post a bond of $5,000. The $5,000 bond is required for all houses, garages, and additions.
b. The L.M.P.O.A. office will maintain a list of approved contractors in the office and guard house. Only approved contractors will be authorized to perform work at L.M.P.O.A.
c. If it is determined that damage has occurred to LMPOA roads or equipment as a result of construction monies will be collected from the bond to cover all applicable damage.
d. RECOMMENDED: It is highly recommended that property owners require a Performance Bond as part of their contract with the vendor
2. All permits will be obtained at the L.M.P.O.A. office during regular hours and no construction is to begin until all permits have been obtained.
3. Any and all construction work done within the confines of L.M.P.O.A. will require a
building permit. If the work is normal maintenance or like kind replacement, there will be a $25 charge. The permit must be obtained at the lake office; the applicant must provide a drawing of the work to be performed. An inspection must be made both before the work starts and at its completion. Material and workers will not be permitted to enter L.M.P.O.A. until the permit has been issued.
4. To obtain a permit (exception: culverts) the following is required:
a. Two complete sets of plans signed by the owner.
b. Two copies of a surveyors map showing lot size and placement of structure on
the lot.
c. A description of site preparation and removal of trees, etc. from lot.
D. Permit Fee Schedule (Required for all building)
1. House and additions over 720 sq. feet $500
(includes all inspections)
2. Remodeling and Additions $125 to $500
3. Garages $250 to $300
4. Garages w/plumbing $325 to 375
5. Decks, Porches etc. $75 to $150
6. Swimming Pools $200
7. Shelter/Tool Sheds $75
8. Docks & Portable Boat Lifts $35
9. Satellite dish antenna more than 5'diameter $35
10. Driveways/Parking areas $75
11. Seawall $50
12. Fencing $35
13. Those not mentioned minimum $25
NOTE: Any reinspection will result in an automatic $30.00 reinspection fee.
NOTE: A permit is valid for six (6) months from date of issue and can be renewed at no cost for an additional six (6) months. After the initial twelve (12) month period the fees will be forfeited and a new permit and fees will be required. Construction started before a permit is issued will be fined a minimum of $50.
E. Building Standards for Construction at Lake Mohawk
1. All contractors or property owners building or modifying their own structure shall use
standard building practices and first class workmanship in the construction process. The Building Inspectors, by authority vested in them by the Board of Directors, shall use their discretion in determining standard practices and first-class workmanship. The contractor or property owner building or modifying his own structure shall have the right to appeal decisions made by the Building Inspectors.
F. Inspections and Approvals
1. The following inspections and approvals must be obtained (order of inspections or approval may vary depending on the circumstances):
a. Plan approval/Site preparation. L.M.P.O.A. requires information pertaining to
tree removal, excavation, and siltation barriers before plans will be approved and construction can begin.
b. Stake Out Inspection: A surveyor must stake out the four corners of the
proposed structure and property and place at least one stake on the property line adjacent to the building. (Construction Inspector)
c. Footer & Foundation Inspection:(Construction Inspector)
d. Temporary Electric: if required (Electrical Inspector)
e. Rough-in Plumbing:(Plumbing Inspector)
f. Rough-in Heating:(Heating Inspector)
g. Rough-in Electric:(Electrical Inspector)
h. Overall Rough House Inspection
1. All rough-in plumbing, heating and electrical must have been inspected
and approved before this inspection takes place.
2. This inspection must be made before any insulation or inside wall finishes are put in place. (Construction Inspector)
i. Footer drains, upon completing, must be tied to downspout prior to final
grading.
j. Final Electric
1. All switches, fixtures and receptacles in place before this inspection (Electrical Inspector)
2. The grinder pump will also be inspected by L.M.P.O.A.
k. Final Plumbing
1. All fixtures, faucets and drains must be completed before this inspection. (Plumbing Inspector)
l. Final Building Inspection: (Construction Inspector)
m. Any Lake Inspector performing work for which hired to inspect is not permitted
to inspect and approve own services.
n. Request for and the issuance of any building permit will constitute an agreement
between L.M.P.O.A. and the property owner to allow inspectors admittance onto premises for the purpose of performing the necessary inspections.
NOTE: If any work is covered before inspection, it will be necessary to uncover it.
1. It is the builder's responsibility to:
a. Notify the Lake Mohawk office when inspections are required. Give Lot number, not address.
b. Make sure inspections have been made before proceeding
further.
c. Do not call the inspectors. All contacts should be made through the Lake office during normal business hours.
NOTE: The office phone number is (330) 863-1031.
Please allow a minimum of 48 hours for the inspections during the week and 72 hours on the weekend and holidays. Be sure that the Inspector has access to the building.
G. Lake Mohawk Culvert Regulations
1. Culverts are permitted for driveway access only.
2. Permit will be required for all new culvert installations on privately owned lots. This will
be obtained at the L.M.P.O.A. office.
3. Culvert size and location will be determined by L.M.P.O.A. with a minimum of eighteen (18) inch diameter and a maximum twenty (20) foot in length. Written approval is granted by the Lake Manager upon written recommendation of both the Chief Building Inspector and the Maintenance Supervisor.
4. The property owner is responsible for the maintenance of his particular culvert.
5. In the event that a culvert has to be removed by L.M.P.O.A. due to being plugged, it is the responsibility of the owner to reinstall it. If the culvert was of the wrong size, it shall be replaced with one the proper size, at the property owner’s expense.
6. In the case of a home, addition or garage-construction requiring a culvert, the permit will
be included in the permit for that particular construction.
7. No culvert may be covered until after inspection.
H. Building Specifications
1. Final inspection of shelters, tool sheds, combination shelter/shed, garage, remodeling, and additions is required. In addition, plumbing and electrical inspections are required where applicable. Refer to CABO specifications.
I. Unique to Lake Mohawk (a, b, c, d and g below are structures and can be constructed only if a house EXISTS FIRST)
1. The following structures are only approved as a second out building on any lot; only one
detached structure is permitted.
a. Picnic Shelter
1. Foundation to be no larger than 12' x 16'
2. Concrete floor optional, but 4" depth required if installed.
3. No enclosed sides.
4. Height of shelter, other than 8' wall and 4/12 pitch roof is to be approved by the L.M.P.O.A. Board of Directors.
b. Tool Shed
1. Maximum foundation size (160 square feet)
2. Foundation slab recommended, minimum 4" thick, minimum of six (6) anchor bolts if no floor is integral in shed design. No slab is required if a floor is installed using treated material and a gravel base is provided. Must be of wood construction and approved by Lake Manager or Building Inspector. Revised: 4/2008
3. Height of shed, other than 8' wall and 4/12 pitch roof is to be approved by Lake Mohawk Board of Directors.
c. Combination Picnic Shelter and Tool Shed
1. Same foundation requirements and roof requirements as picnic shelter.
2. Same pole, plate, height, etc. requirements as picnic shelter.
3. Maximum shed size is 4' x 12', with only one enclosed end.
d. Satellite Dish Antenna
1. A plot plan of the property involved showing location of the antenna
which must meet deed restrictions (Dish more than 3' diameter).
2. The maximum diameter of any satellite dish antenna shall not exceed approved standards.
3. Material of dish to be open screen material and black in color except any dish three (3) feet or less in diameter may be of solid material and manufacturer's color.
e. Boat Lifts
1. Portable & roof consists of OEM framework and covering.
f. Docks and docking areas
1. Construction of any post and beam or truss supported roof covering a
dock or docking area is prohibited. Any structure presently in existence in violation of this section cannot be rebuilt if at anytime it becomes dislocated, structurally unsound, collapses, or in a state of disrepair to the extent of non-use. This includes boat houses, covered docking slips, and non-conforming boat lifts.
g. Homes & Garages - Duplicate exterior design of homes on adjacent lots is
prohibited. Detached garages must not exceed 28 X 34 in size.
1. Footers and Foundation
a. There will be an inspection of footer only. The foundation shall be inspected before any plates, joists or framing of any sort is started. Footer drains, waterproofing, and grouting shall be installed prior to this foundation inspection. If footer and/or foundation do not conform to Code (as follows), the foundation wall may have to be torn down for correction. This will be determined by the Building Inspector.
b. All 8" foundation footers will be 16" wide and 8" thick.
c. All footers must be below frost level at exposed elevation (three feet).
d. Foundation walls to be a minimum 8" thick, except 12" block will be required on foundation walls subject to pressures greater than exerted by ordinary backfill (i.e. hillsides, high groundwater table, etc.). On 12" block walls; all cavities to be grouted full, one continuous pour 3/8" steel reinforcing rods, four feet O.C. as minimum; greater if engineering design warrants. Any deviation from this requirement must be approved in writing by the Building Inspector and filed in the Lake Mohawk office. Footers under 12" wall to be 20" wide by 8" deep. Minimum of eleven (11) courses of block on foundation, for both 8" block and 12" block walls.
e. Foundation drainage tile, or approved drainpipe, and gravel
will be installed before foundation inspection, not to be covered until inspection is made and approved. This drain must route water away from foundation.
f. Water from downspout and/or springs will not drain onto
adjoining properties or roadways.
2. Drainage
a. No gutter, downspout, garage or any other type drain (except the sanitary drain from the house) shall be connected into the house sewer system.
3. Decks (Recommendation)
a. Use only pressure treated lumber, redwood or cedar.
4. Water Hookup
a. When desiring water connection, please contact Mohawk Utilities, Malvern, Ohio 44644, at which time they will send someone out to estimate the cost of connection. Once the cost has been estimated, two copies of the Application and Agreement for Water Service will be sent to the applicant with the cost stated. When both signed copies of the above-mentioned agreement and a check for the amount stated are received by Mohawk Utilities, Inc., installation will begin as soon as possible.
5. Underground Services
a. All water, sewer and electrical trenches must have a 6" sand bed and 12" sand cover with tracer ribbon on top of sand.
b. All services under Lake Mohawk roads must be bored. In the event that the road surface inadvertently is damaged, it must be repaired to the original condition, backfilled with sand and/or pea gravel. If the hard surface must be repaired by the lake maintenance crew, a fee based upon the damage to the road surface and the estimated cost of the repair will be determined.
6. Swimming Pools
a. All in-ground pools must have a safety fence around perimeter. Also required are electric, plumbing and stake-out inspections.
7. Sewer Code
a. At the time of securing the building permit, the grinder pump must be ordered. A $500.00 down payment is required when doing so. Pump must be paid in full within 60 days after ordering.
b. All grinder pumps must be purchased from Lake Mohawk
Property Owners Association.
c. Tap-in fees will determined by BTM for all new hookups.
d. Grinder pumps must be plumbed, wired, and test run at the time of installation. All internal work, lines tied up, etc. must also be done at that time. Water must not be run into tank housing until electric is wired from the house, and test is ready to be made. If this procedure is not followed damage to the pump will result. All connections must be left exposed until test is made. Ninety (90) degree ells will not be permitted in the lines.
e. At no time will the Association be responsible for the repair, replacement, or reinstallation of any line from the grinder pump to the house or main. The Sewer Authority will maintain the grinder pump only if PO participates in maintenance program.
f. No gutter, downspout, garage or any other type drain (except the sanitary drain from the house) shall be connected into the sewer system.
g. All outside applications must have an electrical disconnect for both 220 and 120 volt lines running to the pump. In the event of a failed inspection, this disconnect may be locked in the off position. Refer to electrical specification sheet for correct wiring.
h. Location of grinder pump must be such as to be readily accessible for repair, maintenance, etc. A mutual agreement between L.M.P.O.A. and property owner should be reached in the placement of the grinder pump which must be located outside. There are to be no obstructions around indoor or outdoor applications.
i. Tank must be set on at least 3" precast concrete pad, or
approved substitute with a minimum of 8" sand bed. The diameter must be at least one foot larger than the base of the tank.
j. A plot plan of the locations of the sewer and water lines must be provided (for ease of location of such) and placed with house plans.
k. Ditches and tap in must be inspected by BTM or its assigns.
l. Sewer pipe must be schedule 40 (preferably 80). Trench must be at least 6" to 8" wide (for sand encasement). Pipe must have at least 6" of sand beneath and 12" above.
m. All grinder pumps must be equipped with an audible alarm and light.
n. A list of contractors who have done grinder pump installations is available at the office.
8. Procedure for permission to cut road and cut restoration.
a. Road cuts - When a road cut is to be made for any reason the contractor has the obligation to contact the Lake Office. The contractor shall request permission from the Lake Manager (or Maintenance Supervisor) to make the cut. The location of the cut and the contractor shall be identified.
b. Traffic Control - When a cut is being made the contractor will maintain traffic flow. If this cannot be done it is the responsibility of the contractor to provide an adequately marked detour for traffic flow. The contractor is also responsible for posting adequate warning devices in the cut area.
c. Safety - There shall be no open cuts during night hours. Cut work not completed during daytime hours shall be backfilled until the next day, or covered with steel plate.
d. Road cut repairs - Cuts will be restored in the following
manner:
1. The entire length and depth of the trench shall be
backfilled with sand (see sketch).
2. The sand shall be compacted by using available vehicle wheels (see Sketch).
3. A topping of limestone, or other suitable material, will be used as a temporary topping (see sketch).
4. No sooner than 10 days, nor longer than 20 days,
after the cut has been completed the road surface shall be repaired. During the months of December, January and February the surface repair could be delayed until favorable weather conditions exist but, the maintenance of the temporary topping shall be the responsibility of the contractor.
5. Repairing of the road surface shall be done in the
following manner; All road surfaces shall be restored with 4" of asphalt concrete (hot or cold patch) and compacted so that the repaired area is level with the adjacent original road surface.
e. Clean up of Construction Area - The contractor shall be solely
responsible for the removal of all un-used backfill, and other debris, resulting from the cut.
f. Adherence to the procedure - The contractor is responsible for meeting all of the requirements herein. Failure to meet these requirements may result in refusal by L.M.P.O.A. to allow that contractor to cut roads in the future. At the time of approval to cut, the contractor must post an additional bond. Backfill procedures must be done at all times but the contractor may forfeit all and any bonds and the Association will install the asphalt cap.
g. Road Boring - Permission for a road bore must be obtained by completing the proper form and filing same at the L.M.P.O.A. office. The contractor chosen to perform the road bore must be on a list of contractors approved for same by L.M.P.O.A. and on file at the L.M.P.O.A. office. Each approved contractor must post an additional bond deposited with L.M.P.O.A. When holes are dug for the boring, the holes will be properly backfilled and the area restored to its original condition as determined by L.M.P.O.A. personnel. Care must be taken so that the road surface is not damaged in anyway. If the road surface is damaged, then the same procedure as in sections "d" and "e" of road cut policy must be followed. All unused back fill or other debris must be removed by the contractor. Damages causing expense for L.M.P.O.A. within six (6) months of the completion of the bore will be the financial responsibility of the contractor who performed the bore.
Road Surface 4” Asphalt (hot or cold mix) compacted
to meet original road surface
Temp. Topping Material
May be pea gravel, crushed limestone, or suitable fill
SAND
12”
PIPE
6”
I. FENCES
1. All Property Owners must have the approval of the Board of Directors before they may erect any fencing on their property.
2. Property Owner must locate the property pins or have a survey completed prior to installing the fence
3. Only wood, vinyl or chain-link fence is allowed. No wire fence is permitted.
4. All posts for the fence must be located allowing for a two foot clearance between the fence and the property line. This allows for maintenance and upkeep of the entire fence.
5. Height of the fence cannot exceed the following:
a. Front of property – 42” maximum fence height
b. Sides of property – 48” maximum fence height
c. Rear of property – 72” maximum fence height
6. The finished side of the fencing (when applicable) must face out away from your property.
7. Fence cannot extend within 30 feet from any roadway right-of-way unless the fence height is below 36”.
8. No Fence shall be installed within the 10-foot roadway easement established by the Warranty Deed.
J. LANDSCAPING (7/2009)
1. All landscaping projects will require a siltation fence (unless completed within 24 hours).
2. A permit is required if the landscaping project includes construction of any structure or load bearing retaining wall.
3. Any clearing of property will require a siltation fence until all loose material is removed and final landscaping is complete.
4. Any and all debris must be removed immediately following completion of the landscaping project.
K. FINAL NOTATION - Any person or contractor not following the above written building code
will be found in violation and subject to a penalty and the relinquishment of said bonds.
Rev. 3/11
